Writing IEPs

ACSA ConferenceJanuary 2008

Pamela PtacekPamela Ptacek, SELPA Director Santa Clara County SELPAs I, II, III, IV, & VII

Carol BartzCarol Bartz, SELPA Director North Inland SELPA, San Diego

WRITING IEPs WRITING IEPs DESIGNED FOR DESIGNED FOR

EDUCATIONAL BENEFITEDUCATIONAL BENEFIT

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Core Entitlements for Core Entitlements for ChildrenChildren

with Disabilitieswith DisabilitiesStudents with disabilities have:

• A right to a free appropriate public education (FAPE).

• In the least restrictive environment (LRE).

• As described in the IEP designed to provide “educational benefit.”

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ResponsibilitiesResponsibilities

• Districts are responsible for developing a program designed to provide FAPE for every child with a disability in the school district.

• Court opinions have held that school districts are the education experts.

• Parent makes the ultimate decision based on the district's written offer.

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What is What is FAPE?FAPE?

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Free Appropriate Public Free Appropriate Public EducationEducation

• The key question in developing the IEP

• Regulations delineate that special education should:

“Ensure access of the child to the general curriculum, so that the child can meet the educational standards within the jurisdiction of the public agency that apply to all children.”

Sec 300.39(b)(3)(ii)

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What isWhat isLRE? LRE?

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Least Restrictive Least Restrictive EnvironmentEnvironment

• To the maximum extent appropriate, children with disabilities…are educated with children who are not disabled

• Special classes, separate schooling, or other removal…from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily

34 CFR Section 300.114

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What is What is Educational Educational

Benefit?Benefit?

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Rowley DecisionRowley Decision

In Board of Education of the Hendrick Hudson Central School District v. Rowley, 458 U.S. 176 (1982), the U.S. Supreme Court addressed the level of instruction and services necessary to provide FAPE.

Facts:• Eight-year-old student with a significant hearing impairment, but an excellent lip reader.

• IEP for first grade called for general education placement with an FM system in the classroom, tutoring one hour per day, and speech therapy three times per week.

• Parents agreed with IEP, but wanted student to be provided with a sign-language interpreter.

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Based on the legislative history and IDEA’s definitions of FAPE, special education, and related services, the U.S. Supreme Court concluded that the IDEA does not require that States maximize the potential of students with disabilities:

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The Rowley Court concluded that an IEP must:

• meet the procedural requirements of the IDEA, and

• be reasonably calculated reasonably calculated to provide educational benefit educational benefit to enable a child with a disability to “achieve passing marks and advance from grade to grade”

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““Reasonable CalculationReasonable Calculation””

• Based on procedural requirements, including:• The assessment is complete and the child is assessed in all areas of suspected disability

• The IEP team identifies needs related to: • the child’s disability

• involvement and progress in the general curriculum

• Goals are established in each need area• Objectives are developed for students taking

CAPA

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““Reasonable CalculationReasonable Calculation””

• Services are planned to support:• Progress towards all goals

• Progress in the general curriculum

• Participation in the regular education environment

• Education with other students with disabilities and typically developing peers

• The IEP Team reviews the child’s progress and adjusted the child’s IEP if progress was not made or to address other needs.

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Educational BenefitEducational Benefit

Program should be “reasonably reasonably calculatedcalculated” to result in educational benefit educational benefit as measured by:• Achieving passing marks• Advancing from grade to grade• Making progress toward meeting goals and objectives• Improved scores on statewide or district wide tests and/or alternate assessment measures• Passing the CAHSEE• Graduating with a diploma

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Rowley Standard RefinedRowley Standard Refined

An appropriate IEP is one that:

• is calculated to provide educational benefit, according to the student’s individual needs as assessed at the time the offer is made

• is likely to produce more than trivial educational advancement

• no requirement to maximize student’s abilities, or what a parent might choose as an optimum program or service

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Rowley Standard RefinedRowley Standard Refined

• Does not rely solely on grade advancement as a measure of progress; and

• Places the student in the LRE, even if superior educational benefit might result from a more restrictive placement

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IDEIA ’04IDEIA ’04Section 600(c & d)Section 600(c & d)

• A higher standard for FAPE?

• High expectations for all students• Be prepared to lead productive and independent adult lives, to the maximum extend possible

• Prepare students for further education, employment, and independent living

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No Supreme No Supreme Court Decisions Court Decisions

YetYet

Stay Tuned!!!Stay Tuned!!!

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The “Almighty” IEPThe “Almighty” IEPThe Blueprint for The Blueprint for

Educational BenefitEducational Benefit

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Preparing for IEP MeetingPreparing for IEP Meeting

“The time spent in planning a meeting will pay off as the meeting runs more

smoothly and takes less time.”

Interaction Institute for Social Change/JDL and Associates, LLC

Go slowGo slowto go fast.to go fast.

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Preparing for IEP MeetingPreparing for IEP Meeting

• Start approximately 1 month before the meeting

• Complete Educational Benefit Review Educational Benefit Review of current IEP based on annual progress

• Contact parent(s) to see if they have any concerns they would like to address at the meeting

• Determine if additional evaluation will be needed

• Secure parent permission if needed• Complete evaluation

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Conduct Conduct Educational Benefit Educational Benefit Review Review of Current IEPof Current IEP

• If the prior IEP resulted in educational benefit educational benefit for the student:

• Analyze why

• Will the child’s educational experience change significantly prior to the next annual review?

• What was effective that should be a priority in the development of the new IEP?


• If the prior IEP did NOT provide educational benefit for the student, examine the same factors and also consider:• Did the prior IEP clearly identify the student’s needs?

• Were the goals measurable and based on the identified needs?

• Was progress on the goals monitored consistently and reported to the parents as noted on the IEP?

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• Did the IEP team modify the goals if needed?

• Were modifications to services or supports considered if student was not making progress?

• Identify potential changes to be discussed at the IEP Meeting and send Prior Written Notice to parents if appropriate.

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• Prepare draft of IEP for the team to consider at the meeting.

• Complete Educational Benefit ChecklistEducational Benefit Checklist on each section of the Draft.

• “Draft” should be clearly noted and may be shared with the parents and other staff members to facilitate discussion in a timely manner at meeting.

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Writing IEPs Designed for Writing IEPs Designed for Educational BenefitEducational Benefit

Conducting periodic

Educational Benefit ChecksEducational Benefit Checksduring the IEP meeting will help ensure that the IEP results are truly designed to provide educational benefit for the child.

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Meet Dennis JohnsonMeet Dennis Johnson

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Dennis JohnsonDennis Johnson

• 16 year old boy in the spring of 10th grade

• Mild cerebral palsy affecting right arm and oral motor control

• Learning disabilities due to visual processing deficits

• Recent concerns about frustration and possible mild depression

Educational Benefit CheckEducational Benefit Check

IDENTIFYING INFORMATIONIDENTIFYING INFORMATION

• Is all of the information complete and correct?

• How will the manager of the school MIS system be informed of any changes?

• Does the IEP clearly specify the child’s disability(s)?

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• Did the IEP team identify how the child’s disability affects his or her involvement and progress in the general curriculum or participation in appropriate activities for the preschool child?

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TRANSITIONTRANSITION

• For students who will turn 16 prior to the next IEP meeting, consider addressing the student’s transition needs (Transition Plan) at the beginning of the meeting.

• Developing the Transition Plan at the beginning of the meeting should influence the priorities for the development of the rest of the IEP.

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34 C.F. R. 300.32034 C.F. R. 300.320

• (b) Transition services. Beginning not later than the first IEP to be in effect when the child turns 16, or younger if determined appropriate by the IEP Team, and updated annually, thereafter, the IEP must include--

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(1) Appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills; and

(2) The transition services (including courses of study) needed to assist the child in reaching those goals.

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TRANSITIONTRANSITION

• Is the transition plan developed in accordance with the student’s post-school preferences, interests, and goals?

• Are there measurable postsecondary goals, based on age appropriate transition assessments, that address education/training, employment, and where appropriate, independent living skills?

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• Are appropriate transition services (including courses of study) and responsible persons/agencies specified?

• Are the transition services designed to be within a results-oriented process, that is focused on improving academic and functional achievement of the student?

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• Are additional vocational and/or transition assessments required?

• Is the transition plan designed to facilitate the student’s movement from school to post-school activities, including postsecondary education, vocational education, integrated employment, continuing and adult education, adult services, independent living and community participation?


PRESENT LEVELS OF ACADEMIC PRESENT LEVELS OF ACADEMIC ACHIEVEMENT AND FUNCTIONAL ACHIEVEMENT AND FUNCTIONAL

PERFORMANCE (PLAAFP)PERFORMANCE (PLAAFP)

**Except for the “Concerns of Parent,” a draft may be

developed prior to the IEP meeting and reviewed with the

team for changes.**37

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Present Levels of Academic Present Levels of Academic Achievement and Functional Achievement and Functional

PerformancePerformance

• Include results of state, district wide, and individual assessments

• Narrative should reflect the student’s classroom performance

• Address all areas

• Indicate “age appropriate” or “no concerns noted at this time” as needed

Educational Benefit CheckEducational Benefit CheckPRESENT LEVELS OF ACADEMIC ACHIEVEMENT PRESENT LEVELS OF ACADEMIC ACHIEVEMENT

AND FUNCTIONAL PERFORMANCE (PLAAFP)AND FUNCTIONAL PERFORMANCE (PLAAFP)

• Are the student’s strengths, preferences, and interests clearly identified?

• Are the concerns of he parent identified?

• Are all sections of the Present Levels of Academic Achievement and Functional Performance addressed, including documentation of “no concerns noted at this time?”

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• Does this clearly reflect the student’s performance in the educational setting?

• Do the Present Levels of Academic Achievement and Functional Performance reflect all needs identified in the assessments?

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SPECIAL FACTORS & PARTICIPATION SPECIAL FACTORS & PARTICIPATION IN STATE/DISTRICTWIDE IN STATE/DISTRICTWIDE

ASSESSMENTSASSESSMENTS

• Assistive Technology

• Considerations if student is blind or visually impaired

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• Considerations if student is deaf or hard of hearing

• English Learner

• Behavior

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• Based on the Present Levels and Special Factors, identify specific Areas of Need to be addressed in goals (and objectives/ benchmarks if required) for the student to receive educational benefit.

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Participation in AssessmentsParticipation in Assessments

• Statewide Testing and Reporting (STAR)

• Accommodations/Modifications?

• California Modified Achievement Test (CMA) (Grades 3-5 implemented spring 2008)

• California Alternative Performance based Assessment (CAPA)

• Reasons44

Participation in AssessmentsParticipation in Assessments

• Other district wide assessments

• Desired Results Developmental Profile (DRDP)• For 3, 4, & 5 preschoolers

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SPECIAL FACTORS & PARTICIPATIONSPECIAL FACTORS & PARTICIPATIONIN STATE/DISTRICTWIDEIN STATE/DISTRICTWIDE

ASSESSMENTSASSESSMENTS

• Has the IEP Team addressed all the special considerations the student may require?

• Does the student demonstrate behavior(s) that impede learning, and if so, how will positive behavior interventions, strategies, and supports be provided?

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• Does the IEP Team agree on the areas of need to be addressed in goals as identified in the Present Levels of Academic Achievement and Functional Performance and in Special Factors?

• Is participation on state and district wide assessments, including accommodations and modifications, in accordance with state guidelines?

• Are alternate assessment(s), including the reasons, clearly noted if required?

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GOALS GOALS INCLUDING BENCHMARKS OR INCLUDING BENCHMARKS OR

OBJECTIVES (AS APPROPRIATE)OBJECTIVES (AS APPROPRIATE)

• Goals are not necessary for areas that may be noted as concerns on the Present Levels, but do not significantly impact educational performance.

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NCLB RegulationsNCLB Regulations

• Students with disabilities must have access to grade-level content so they can work toward grade-level achievement

• Achievement standards aligned with grade-level content standards may be modified to reflect “reduced breadth or depth” of grade-level content.

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Students’ IEPs must must --

• Include IEP goals that are based on the academic content standards for the grade in which the student is enrolled if the student will participate in the modified assessment (CMA); and

• Be designed to monitor a student’s progress in achieving the student’s standards-based goals

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Students’ IEPs maymay include --

• Other prerequisite goals

• Addresses other educational needs

• Functional academics

• EL

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California Content California Content StandardsStandards

• Domain• English/Language Arts• Mathematics• Science• History/Social Science• Etc.

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StrandStrand

• Reading (ELA)• Writing (ELA)• Number Sense (Math)• Measurement and Geometry (Math)• Physical Sciences (Science)• U.S. and World History (History/Social Science)

• Motor Skills and Movement (Physical Education)

• Artistic Expression (Visual Performing Arts)

• Etc.53

““Essential Standards”Essential Standards”

• Aligned with statewide assessments

• Prerequisites to CAHSEE• CARS+ and ACSA – Goal Bank• Excellent Resource for sample goals• Based on “essential standards”• Caution regarding mastery/criteria language*• Use “ with accuracy on consecutive trials.”

• Include observable behaviors54

• There must be at least one goalat least one goal and/or supplementary aid or services developed for each each area identified as a needarea identified as a need.

• Area of NeedArea of Need – indicate math, reading, reading comprehension, behavior, self help, fine motor, etc., as identified on the Present Levels

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Writing Standards-BasedWriting Standards-BasedIEP GoalsIEP Goals

• Start with the grade level standard for the child’s age

• Specify the child’s performance relative to the standard (baseline)

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Writing the DateWriting the Date

• Divide into groups of 3 or 4• The “teacher” instructs the “student” on how to write the date without naming the letters or numbers• The “student” may only do what the “teacher” says• No demonstration or hand gestures allowed!• The observer(s) identify how many steps are required to write the date

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• Task Analysis of the “essential” standard

• Prerequisite skills• Category of the Cognitive Domain and options

• Appropriate Accommodations or Modifications to meet the “essential standard”

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Task AnalysisTask Analysis

• Sequence of discrete links in the chain of a complex behavior

• The process of breaking down a complex behavior into it’s component parts• Wide variability in the number of components based on how much detail is required

• New skills often taught through chaining (backward, forward, or total with prompts)

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Prerequisite SkillsPrerequisite Skills

• What “prior knowledge” is required

• Vocabulary

• Concepts

• Visual, auditory, motor skills

• Prior experience with similar tasks60

Bloom’s TaxonomyBloom’s Taxonomy

1. Knowledge

2. Comprehension

3. Application

4. Analysis

5. Synthesis

6. Evaluation61

Categories of the Cognitive DomainCategories of the Cognitive Domain

Accommodations & Accommodations & ModificationsModifications

• Consider assistive technology

• Graphic organizers

• Audiotapes

• Enlarged print or colored texts

• Etc.

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Measurable GoalsMeasurable Goals7 Key Components7 Key Components

• Baseline (related to goal)• Who (the child)• Does what (measurable behavior)• When (reporting date)• Given what (conditions)• How much (mastery criteria)• How measured (performance data or assessment)

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• Draft measurable goals using the 7 Key Components

• Review at the IEP meeting

• Modify as needed based on IEP Team member input

• Implement and monitor progress

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• Short-Term Objectives or Benchmarks are only required in IDEA ’04 for students who take alternate achievement assessments aligned to alternate achievement standards

• Optional for other students in IDEA ’04

• Best practice: include objectives or benchmarks for all students who are participating in a functional curriculum (preschoolers and students Grade 12+)

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GOALS GOALS INCLUDING BENCHMARKS OR INCLUDING BENCHMARKS OR

OBJECTIVES (AS APPROPRIATE)OBJECTIVES (AS APPROPRIATE)

• Are there goals and objectives/benchmarks (if appropriate) for each area of need and vice versa?• Are the goals and objectives/benchmarks measurable?• Do the goals and objectives/benchmarks enable the student to be involved/progress in the general curriculum?

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• Are all other educational needs resulting from the disability addressed?

• If the student is an English Learner, are the goals and objectives/benchmarks linguistically appropriate?

• Is the person(s) identified who is primarily responsible for implementing the goals and objectives/benchmarks, and monitoring progress?

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Special Education, related Special Education, related services, supplementary aids services, supplementary aids

and services and services

• The determination of appropriate services should be completed after goals have been finalized.

• Special education, related services, and supplementary aids and services should be based on peer-reviewed research to the extent practicable.

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Peer Reviewed Research??Peer Reviewed Research??


SUPPLEMENTARY AIDS AND SERVICES, PROGRAM SUPPLEMENTARY AIDS AND SERVICES, PROGRAM MODIFICATIONS (and accommodations) MODIFICATIONS (and accommodations)

AND/OR SUPPORTS FOR SCHOOL PERSONNELAND/OR SUPPORTS FOR SCHOOL PERSONNEL

• Required for student to advance towards attaining annual goal(s), be involved in and progress in general education, and participate with nondisabled peers

• Examples could include “consultation by the Inclusion Specialist,” “calculator for math computation,” “additional time on tests,” etc

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Writing IEPs Designed for Writing IEPs Designed for Educational BenefitEducational BenefitSPECIAL EDUCATION AND SPECIAL EDUCATION AND

RELATED SERVICESRELATED SERVICESSpecial Education Service Options Considered:

• Discuss and indicate service delivery options

• Always consider general education with supports prior to recommending a more restrictive setting

• In selecting LRE, consideration is given to any harmful effect on the child or quality of services that the child needs

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Extended School Year (ESY)Extended School Year (ESY)

ESY shall be provided to a student with a disability who the IEP deems requires special education and related services in excess of the regular academic year. Such students shall have disabilities which are likely to continue indefinitely or for a prolonged period of time, and interruption of the student’s educational programming may cause regression, when coupled with limited recoupment capacity, rendering it impossible or unlikely that the student will attain the level of self-sufficiency and independence that would otherwise be expected in view of his or her disability.

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SPECIAL EDUCATION AND SPECIAL EDUCATION AND RELATED SERVICESRELATED SERVICES(Offer of FAPE)(Offer of FAPE)

• Was the determination of the appropriate supplementary aids and services, and special education and related services completed after the goals were finalized?

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• Are the appropriate services identified to support progress toward all goals including:

• progress in the general curriculum• participation in extracurricular activities and other nonacademic activities

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• Are the special education, related services, and supplementary aids and services based on peer-reviewed research to the extent practicable?

• Are the start/end dates, provider, frequency, duration, and location specified for supplementary aids and services as well as special education and related services?

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Educational SettingEducational Setting

IncludesIncludes:

• Participation in Physical Education

• Placement/Location• Amount of time in and out of general education environment

• Agency services

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Educational SettingEducational Setting(Offer of FAPE)(Offer of FAPE)

• Promotion criteria• Progress reporting• Transportation• Activities to support transition

• Graduation Plan

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Writing IEPs Designed for Educational Benefit

Progress ReportProgress Report

• Specify when and how the parents will be informed of their child's progress on IEP goals, including how the progress will be measure

• Date should correspond to the general education report cards and/or schedule identified

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• Summarize the student’s progress

• Indicate any comments, such as work completion, successes, areas for particular emphasis, etc.

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**It is critical that the progress reports be sent to the parents as scheduled!!

Copies of the report should be kept to assist in determining

goals for the next IEP as appropriate.**


Educational SettingEducational Setting

• Is there a clear description of the location of services, including why some services may not be provided at the child’s school of residence, if appropriate?

• Is there a clear description of the amount of time the student is outside the general education environment, including an explanation of why the student will not participate in general education for all or part of the day?

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• If appropriate, are the activities clearly identified to support transition from preschool to kindergarten, from special education and/or NPS to general education, 8th-9th grade, etc?

• If appropriate, is the graduation plan identified for students Grade 8 or higher?

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Offer of FAPEOffer of FAPE

When completed appropriately, the

information on the Services and Educational Setting pages is the district’s

offer of FAPE

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SIGNATURE AND PARENT CONSENTSIGNATURE AND PARENT CONSENT

• Have all meeting participants sign, date, and indicate title

• Parent(s) should check areas of agreement

• If the IEP team determines the student is not eligible, or is no longer eligible for special education, have the parent(s) initial

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• The parent(s) must sign and date the consent before all services can be provided.

• The parent can agree to parts of the IEP:

• The portions of the IEP for which they give consent should be implemented while resolution is sought for areas of disagreement

• Next steps for reaching resolution should be specified on IEP Team Meeting IEP Team Meeting CommentsComments 85

Educational Benefit CheckEducational Benefit CheckSIGNATURE AND PARENT CONSENTSIGNATURE AND PARENT CONSENT

• Did all IEP Meeting participants sign and date?

• Do the parent(s) consent to all components of the IEP?

• If not, are areas of agreement and/or disagreement clearly specified?

• Are the next steps identified for reaching resolution if appropriate?

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Writing IEPs Designed for Writing IEPs Designed for Educational BenefitEducational BenefitIEP TEAM MEETING COMMENTSIEP TEAM MEETING COMMENTS

• Not a required component

• Used by most districts to document key points of agreement and/or areas of disagreement

• Should be a summary of what happened

• Generally keep it “short and short and sweetsweet”

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IEP TEAM MEETING COMMENTSIEP TEAM MEETING COMMENTS

• Is this information a summary of the meeting?

• Does everyone agree that the information accurately reflects what was discussed and the agreements that were made?

• Are next steps clearly identified, including individuals responsible, if needed?

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IEP TEAM AMMENDMENTIEP TEAM AMMENDMENT

• Serves as the option for making minor amendments to the IEP if the parent(s) and district agree that a meeting is not needed (i.e., adding additional LSH minutes after a phone conversation with the parents and agreement with school staff, etc.)

• Attach this form to current IEP after getting signature from parent(s)

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• Districts need to designate who can serve as the LEA representative who is authorized to approve the amendments.

• Parents may request a copy of the IEP with the amendments incorporated.

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IEP TEAM AMENDMENTIEP TEAM AMENDMENT

• Is the amendment clear?

• Do the parents and staff agree on the amendment?

• Are all affected staff (special education teacher(s), DIS provider(s), regular education teacher(s), etc.), including LEA representative, informed of the amendment/change?

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IEP Requirements ReviewedIEP Requirements Reviewed

• The proposed program must be designed to address the student’s unique needs

• Provide him/her with educational benefit

• Comport with his/her IEP

• Be provided in the least restrictive environment

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Substantively AppropriateSubstantively Appropriate

• If the district’s proposed program meets these four requirements, then the district has complied with the law.

• The parent’s preference for another program, even if the parents’ preferred program could result in a greater educational benefit, is not required for the district to meet its burden under the law.

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A Team EffortA Team Effort

School staff members School staff members who allow families to who allow families to have 100% control are have 100% control are depriving the family depriving the family of the expertise of of the expertise of

the educators.the educators.

School staff members School staff members who never allow who never allow

families to have any families to have any input and control are input and control are depriving themselves depriving themselves of the unique and of the unique and

necessary contribution necessary contribution of the family in the of the family in the

education of the education of the child.child.

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A Team EffortA Team Effort

Both sides need to set, communicate,

and maintain reasonable limits on behavior and

demands.

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FAPEFAPE(Free & Appropriate(Free & Appropriate

Public Education)Public Education)

ReasonablyReasonablyCalculatedCalculated

IEPIEP(Individualized(Individualized

Education Program)Education Program)

LRELRE(Least Restrictive(Least Restrictive

Environment)Environment)

EducationalEducationalBenefitBenefit