IEPs for LEA Administrators
The Administrator’s Role in the IEP Process Leadership Conference July 26 & 27, 2017 Kevin Davis & Lesli Girard
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Agenda • Requirements/responsibilities of LEA representative • Critical basic concepts of IDEA: FAPE and LRE • Role of the LEA administrator – Prepare general educators – Prepare parents – Reminders about key issues related to IEPs
• Major components of the IEP – Present Levels (PLAAFPs) – Measurable Annual Goals – Services
• Summary—LEA administrator’s role • Resources w w w.ksd etasn .org
IDEA: Responsibilities of the School Administrator • • • • •
Build trust Listen Collaboration Acknowledge power dynamics Address issues
What’s your EQ?
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IDEA: Requirements for the School Administrator • The School Representative or designee must be a member of the IEP team. • There are three requirements for the LEA representative or designee: – is qualified to provide or supervise provision of special education services; – has knowledge of the general education curriculum; and – is knowledgeable about the availability of the school’s resources. (K.S.A. 72-962(u)(4))
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IDEA: Responsibilities of the School Administrator • The primary responsibility of the school representative or designee is to commit school resources and ensure that services written in the IEP will be provided. • The school representative must have the authority to commit school resources and be able to ensure that whatever services are described in an IEP will actually be provided because the school will be bound by the IEP that is developed at an IEP meeting (Federal Register, August 14, 2006, p. 46670).
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Free Appropriate Pubic Education (FAPE) FAPE as cornerstone | A cornerstone of IDEA, our nation’s special education law, is that each eligible child with a disability is entitled to a free appropriate public education (FAPE) that emphasizes special education and related services designed to meet the child’s unique needs and that prepares the child for further education, employment, and independent living.
OSEP’s Dear Colleague Letter on FAPE (2015, November 16). Online at: http://law.justia.com/codes/us/2014/title-20/chapter-70/subchapter-iv/part-a/subpart-4/sec.-7161
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Free Appropriate Public Education • Key Points: – Has the district complied with the procedures set forth in the Act? (due process requirements) – Is the IEP developed “reasonably calculated to enable the child to receive educational benefits?” • The program is individualized based on student’s assessment and performance • The program is administered in the LRE • The services are provided in a coordinated and collaborative manner • Positive academic and non-academic benefits are demonstrated
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Definition of Least Restrictive Environment (LRE) “…special classes, separate schooling or other removal of the child from the regular education environment occurs only if the nature and severity of the disability is such that education in regular classes with the use of supplemental aids and services cannot be achieved”
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Least Restrictive Environment (LRE) • Always start from the setting where the student would be if not identified with a disability • What needs would prevent the child from being educated in that setting? • Is a change from that setting needed even with the provision of supplementary aids and services or program modifications? w w w.ksd etasn .org
Early Childhood LRE •
For preschool children ages 3-5 with disabilities, placement and LRE requirements are the same as for school-aged children.
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This means that preschool children with disabilities are to have a continuum of placement options available and have the right to be educated with their peers without disabilities to the maximum extent appropriate.
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Most preschoolers benefit from placement in a preschool program with typically developing peers. w w w.ksd etasn .org
Required Members of the IEP TEAM • Parents/education advocate • Not less than one regular education teacher of the child, if the child is or may be participating in the regular education environment • Special education teacher • Qualified LEA representative
• Someone to interpret evaluation results • Student, when appropriate • Others with special knowledge or expertise about the child, including related services personnel as appropriate and transition services (e.g., outside agency) participants where relevant
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Help Prepare General Educators to be Involved in IEPs • Foster a positive & trusting relationship between special education and general education colleagues • Help educate general education teachers about the IEP process • Be aware of basic requirements for success in the general education class • Discover the general educator’s concerns and need for support to effectively include the student • Include every educator in collecting assessment data
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Help Prepare Parents to be Involved in IEP Decision Making • Parents are equal partners • Build early relationships – provide information ahead of time • Create a safe atmosphere • Parents play an active role in providing critical information about their child’s abilities, interests, performance, and history. • You may attend lots of IEP team meetings, but for many parents this is their one meeting all year. w w w.ksd etasn .org
Reminders about the IEP Meeting • Predetermination of the IEP is not allowed – Parents must be allowed to participate in the development of the IEP • Make sure required participants attend (or follow the procedure for excusal) • If the LEA administrator cannot attend, make sure he/she appoints an administrative designee who has the authority to commit the resources of the district and building
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Reminders about the IEP Meeting • The IEP team should work toward consensus. • It is not appropriate for an IEP team to make IEP decisions based upon a majority vote. • If the IEP team cannot reach agreement, the LEA representative at the meeting has the ultimate authority to make a decision and then to provide the parents with appropriate notice and request consent of the proposed action when needed.
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Reminders about the IEP Meeting • Help the IEP team to develop an IEP that is clear and unambiguous • Would the IEP you are writing pass the stranger test? • When a team produces an IEP that is not clear, and a controversy arises, the ambiguity will be construed against the party with the obligation to write an IEP that is clear, which is always the district • The IEP is the written document developed by the IEP team. Accordingly, when determining the content of an IEP, the review should be restricted to an examination inside the four corners of the document. Evidence outside of the document, including oral discussions, promises, or compromises may not be considered
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The Major Components of the IEP PLAAFPs (Present Levels of Academic Achievement and Functional Performance) Measurable Annual Goals + Benchmarks and Short-term Objectives for students taking the Alternate Assessment
Services
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PLAAFPs Present Levels of Academic Achievement & Functional Performance (PLAAFPs)
Provide information to identify and prioritize needs Establish baseline performance so you can measure progress towards goals Measure the degree of match between student skills and expectations of the environment Provide the basis for decisions about all other components of the IEP
The PLAAFPs are the basis for everything else in the IEP w w w.ksd etasn .org
PLAAFPs • Three types of information must be included: – Current performance • Academic achievement • Functional performance – Impact of the exceptionality – Baseline data for identified need(s)
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There are many ways within the IEP to address needs identified in the PLAAFPS • • • • • • • •
Non-Special Education Supports Program Modifications Supports for School Personnel Supplementary Aids & Services, including accommodations and assistive technology Positive Behavioral Supports Transition Services Related Services Measurable Annual Goals for specially designed instruction w w w.ksd etasn .org
Measurable Annual Goals Measurable Annual Goals describe the anticipated progress (the meaningful educational benefit) that will result from specially designed instruction the student will receive.
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Measurable Annual Goal Has Four Components:
1. Behavior/Skill 2. Measurement Conditions
3. Criteria 4. Timeframe
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Short-Term Objectives and Benchmarks Specify intermediate progress toward the goal that allows you to determine whether progress is sufficient to meet the goal.
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Short-Term Objectives and Benchmarks • Kansas requires STOs/benchmarks only for those students taking the Kansas Alternate Assessment/DLM • ALL the goals on an IEP for a student taking the Alternate Assessment must include benchmarks/short term objectives • Some local districts require STOs/benchmarks for all students with an IEP
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Measurable Annual Goals
PLAAFPs
Services
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Services Special Education Services Related Services Supplementary Aids and Services 1. Accommodations 2. Assistive Technology 3. Nonacademic and extracurricular services Program Modifications Supports for School Personnel
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Some often-missed IEP requirements • The law mandates that a student’s IEP MUST have the: Frequency Location Duration Projected date for beginning of service • 1) 2) 3) 4) 5)
For all: Special Education Services Related Services Supplementary Aids and Services Program Modifications Supports for School Personnel
Also Required: An explanation of the extent to which the student will not participate with non-disabled peers (LRE) w w w.ksd etasn .org
Summary: Key Responsibilities for Building Administrator/LEA Representative 1) Attend IEP meetings or have an administrative designee attend the meetings. 2) Ensure that all required members of the IEP team are present at the IEP meeting, or that written agreement for excusal of attendance is signed and required information is provided. 3) Ensure that parent, or the student if 18 or older, is involved in the development of the IEP. 4) Ensure that all procedural safeguards are followed. 5) Help protect the student’s right to FAPE and LRE.
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Key Responsibilities for Building Administrator 6) Ensure that all students with an IEP are placed in the appropriate classroom settings within the building. 7) Ensure each student is receiving all the services listed on his/her IEP. 8) Ensure that all students with an IEP are provided with the accommodations listed on the IEP in general education settings. 9) Ensure that grade level standards are being addressed in instruction for students with an IEP. 10) Ensure that progress is reported for students with IEPs with the same frequency as report cards for students in general education. w w w.ksd etasn .org
Problems to watch out for • Make sure the team fills in all the blanks in the IEP form • Never use the words “as needed” • If the child needs to move to a more restrictive placement, explain why—don’t just say they need the support/service/program • Cut and paste without changing the student’s name • If the student is not showing progress towards goals, DO SOMETHING (e.g., have an IEP meeting) • Parents may have had bad experiences themselves in school—be sensitive to their feelings
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Don’t Forget to Put Yourself in the Parent’s Shoes This may feel like your 10,000th IEP meeting this year, BUT. . . • This is the child’s only IEP • This is the parents’ opportunity to tell you about their concerns • What the team decides makes a difference for this child • The best IEP comes from knowledge of and caring for a single student
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Serving on Groups: A Guide for Families
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RESOURCES • • •
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Federal and state special education laws: http://www.ksde.org/Default.aspx?tabid=614 Kansas Special Education Process Handbook: http://www.ksde.org/Default.aspx?tabid=598 Sample notices and forms: http://www.ksde.org/Default.aspx?tabid=544 Special Education Resources: http://www.ksde.org/Default.aspx?tabid=553 Technical Assistance System Network (TASN)—IEP training modules http://www.ksdetasn.org
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RESOURCES • Parents’ rights: http://www.ksde.org/Default.aspx?tabid=544 • Parents’ Guide to Special Education in Kansas: http://www.ksde.org/Portals/0/SES/pubs/spedguide.pdf • Federally designated Parent Training and Information (PTI) Center:
www.familiestogetherinc.org • OSEP Visit the IDEA website
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• Our e-mail addresses: Kevin:
[email protected] Lesli:
[email protected] • Or push the big blue button on the TASN website: www.ksdetasn.org w w w . k35s d e t a s n . o r g
