Division of Students with Disabilities and English Language Learners
May 2012
Developing High Quality
IEPs
Ensuring each student has access
to their least restrictive
environment
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The Individualized Education Program (IEP) drives instruction for every child who receives special education services.
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The IEP is a Legal DocumentFederal law: IDEA - Section 614(d)(1)(A)(i)
In the United States an Individualized Education Program (IEP), is mandated by the Individuals with Disabilities Education Act (IDEA).
NYS regulations: Section 200.4(d)(2)
“If a student has been determined to be eligible for special education services, the Committee shall develop an IEP”
The IEP is intended to help children reach their educational goals 34 CFR 300.320. In all cases the IEP must be tailored to the individual student's needs as identified by the IEP evaluation process, and must help teachers and related service providers understand the student's disability and how the disability affects the learning process.
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High Quality
IEP
Based on individual
strengths & needs
Provides special education as a service, not a
place
Provides access to the least restrictive
environment appropriate for each subject
Aligns with the Common Core
Standards
Family participation
Plans for post secondary outcomes
(for students 15+) Includes Positive Behavior Supports
Tool to Guide Instruction and
Measure Progress
Guiding Principles for IEP Development
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The Development of an IEP Involves a Team
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IDEA 2004 300.321
Team Members
Special Education Teacher General Education Teacher
Parent Student (15 and older)
District Representative School Psychologist (Initials, Reevaluations, Triennials)
Social Worker Parent Member
Related Service Providers
1) Present Level Of Performance and Individual Needs
9) Participation in State Assessments, and with Students without Disabilities
8) Coordinated Set of Transition Activities
2) Measurable Post Secondary Goals and Transition Needs
7) Testing Accommodations6) 12 month Services (if needed)5) Programs and Services – Modifications & Supports4) Reporting progress to parents3) Annual Goals, Objectives / Benchmarks (if needed)
10) Special Transportation11) Placement
Sections of the IEP
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Developing High Quality IEPs Which Provide Access to the Least Restrictive Environment
(LRE)
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• Making program recommendations consistent with the contents of all of the other sections of the student’s IEP
• Justification/Rationale for Removing Students from General Education Setting
FEDERAL LAW, as cited in IDEA §300.114
(i) To the maximum extent appropriate, children with disabilities are educated with children who are nondisabled; and
(ii) Special classes, separate schooling, or other removal of children with disabilities 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. [§300.114(a]
§300.116 Placements – A child with a disability is not removed from education in age-appropriate regular classrooms solely because of needed modifications in the general education curriculum
NY STATE
The school must first consider placement in general education with appropriate support for the student and the student's teacher(s).
Alternative placements, such as special classes, special schools or other removal from the general education environment, would be considered only when the school determines that a student's education in regular classes cannot be satisfactorily achieved even with the use of supplementary aids and services.
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Least Restrictive Environment (LRE)
Percent of students, ages 6 through 21, receiving special education services outside the regular class setting more than 60 percent of the school day.
IDEA Part BComparison of State Level LRE Data
(DAC- IDEA Data, 2008)State % Students in MRE Settings
Vermont0
Puerto Rico5.84
North Dakota8.33
Alabama9.41
South Dakota10.5
West Virginia10.5
Oklahoma11.36
Nebraska 11.37Wyoming
11.44Idaho
11.76Kansas
12.02Iowa
12.66Kentucky
12.88Texas
13.66Oregon
13.7Montana
13.79Colorado
13.81Connecticut
14.1Wisconsin
14.33Minnesota
14.55Nevada
15Pennsylvania
15.39Mississippi
15.47Tennessee
15.6Alaska
15.63Missouri
15.68Washington
15.73Maine
16.25Arkansas
16.8North Carolina
18.04Arizona
18.26Indiana
18.93Georgia
19.04Louisiana
19.11Utah
19.21Ohio
19.63Virginia
20.91Michigan
21.3New Mexico
21.53Rhode Island
21.97Florida
22.06Massachusetts
22.62South Carolina
22.84Delaware
23.3Maryland
23.99Illinois 25.5California
27.78Hawaii
28.93New Jersey
29.19New Hampshire
30.26New York
32.46District of Columbia
51.96
48. Hawaii 28.93 49. New Jersey 29.19 50. New Hampshire 30.26 51. New York 32.46 52. District of Columbia
51.96
State Performance Plan Indicator 5: Least Restrictive Environment – School AgeThis definition includes
students with disabilities in public schools, separate alternative schools, residential facilities. parentally placed in private schools, correctional facilities, and home or hospital environments.
New York State LRE Data
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LRE Checklist> Use to inform decision-making in IEP meetings
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Front: ChecklistBack: Quick reference to federal, state, and city laws and policy
http://intranet.nycboe.net/NR/rdonlyres/E1700769-4971-4A5F-8DC8-669F9A9C80BD/0/LREChecklistFINAL_POST.pdf
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Need “A”Support to minimize the impact of need “A”
Restrictive program which is inconsistent with identified strengths and needs
Educational Benefit AlignmentDeveloping the IEP: Does it all connect?
Need “B”Need “C”Need “D”
Part time ICT for ELA to meet needs B, C, D
ResourcesSpecial Education Toolkit- IEP section
Model Forms: Student Information Summary and Individualized Education Program (IEP)
Developing IEPs linked to the Standards
Justification/Rationale for Removing Students from General Education Setting
Test Access and Accommodations for Students with Disabilities: Policy and Tools to Guide Decision-making and Implementation
Policy memorandum — Special transportation
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If you have any additional questions, please email: [email protected]