Record Review Checklist - Part B 6.1.2015 Part B Record Review Checklist 2 RECORD REVIEW CHECKLIST...

Revised 6.1.2015 Part B Record Review Checklist 1

RECORD REVIEW CHECKLIST

Part B Record Review Standards

Table of Contents

Timelines ........................................................................................................................................................... 2

3.1.5 Evaluation Timelines .......................................................................................................................................... 3

3.2.2 Frequency of Reevaluation ................................................................................................................................. 3

3.2.9 Secondary Transition .......................................................................................................................................... 3

4.2.1 Initial IEP Meeting ............................................................................................................................................. 3

4.2.3 Annual Review of IEP ........................................................................................................................................ 4

4.3.10 Transfer of Rights ............................................................................................................................................... 4

Notification ........................................................................................................................................................ 5

3.1.1 Notice of Evaluation ........................................................................................................................................... 5

3.1.3 Parental Consent for Evaluation ......................................................................................................................... 9

4.2.2 Ensuring Parental Attendance at Meetings......................................................................................................... 9

4.10.1 Contents of Prior Written Notice for IEP/IIIP .................................................................................................. 10

4.11.2 Notice of IEP Meetings and Subject Matter for IEP/IIIP ................................................................................. 12

4.11.5 Parental Consent ............................................................................................................................................... 13

Evaluation ....................................................................................................................................................... 14

3.2.7 Evaluation Materials and Procedures ............................................................................................................... 14

3.2.11 Evaluation Report ............................................................................................................................................. 16

3.3.2 Determining a Child is Not a Child with a Disability – Graduation or Aging Out .......................................... 20

3.2.10 SLD Written Report – Required Content ......................................................................................................... 21

Functional Behavior Assessment (FBA) .......................................................................................................... 26

3.0.7 Team Override Documentation ........................................................................................................................ 30

3.0.8 Exit Procedures ................................................................................................................................................ 31

Eligibility ......................................................................................................................................................... 32

IEP/IIIP Standards ........................................................................................................................................ 33

4.1.3 Team Members ................................................................................................................................................. 33

4.2.9 Excused Absence from Team Meeting by Individual Member ........................................................................ 35

4.3.1 Present Levels of Academic Achievement and Functional Performance (PLP) ............................................. 36

4.3.2 Short and Long Term Goals and Objectives .................................................................................................... 37

4.3.3 Least Restrictive Environment ......................................................................................................................... 38

4.3.4 Special Education and Related Services........................................................................................................... 39

4.3.5 When IEP Must Be In Effect ............................................................................................................................ 43

4.3.6 Review and Revision of IEP (ESY) ................................................................................................................. 44

4.3.7 Progress Monitoring ......................................................................................................................................... 46

4.3.9 Secondary Transition ........................................................................................................................................ 47

.2.6 Failure to Provide Transition Services ............................................................................................................. 51

4.3.11 Modification of Assessment ............................................................................................................................. 51

4.3.6 Review and Revision of IEP for Students in Public School ............................................................................. 51

4.4.1 Transfer Students .............................................................................................................................................. 52

4.14.3 Additional Required Content for IFSP ............................................................................................................. 53

4.17 Interim IFSP (if IFSP is serving as student’s IEP) ........................................................................................... 53

15.3.1 Manifestation Determination ............................................................................................................................ 54

15.9 Protections for students Not Yet Eligible ......................................................................................................... 54


RECORD REVIEW CHECKLIST

Part B Record Review Standards

This Record Review Checklist is a guide for conducting record reviews and is meant to be advisory only and does not represent a written, official position of the Minnesota Department of Education (MDE). This checklist is not inclusive of the district’s legal obligations. School districts and individuals are charged with notice of laws based upon publication, regardless of the content of this document.

Timelines

Directions: Use the following fields to assist in determining citations for the below:

Type of ER? Initial Reeval

Was ER Completed in District? Yes No

Date of Notice of Evaluation: / /

Date Permission Received: / /

Date Evaluation Due: / /

Date of ER: / /

Number of Days Late (if applicable):

Date of Previous Evaluation (if appropriate): / /

Date of Secondary Transition Evaluation (if appropriate): / /

Date of First IEP addressing Transition Services (if appropriate): / /

Date Transfer of Rights Discussed (if appropriate): / /

Plan Type: IFSP IIIP IEP

Type of Plan? Initial Annual

Date of PWN for Plan: / /

Date of Planning Meeting: / /

Date of Previous Planning Meeting: / /

Date of Transition Conference (if transitioned from Part C): / /

01/01/50


Directions: For each area, review legal requirement and mark item if record is NOT in compliance, checking all that apply. Then select final compliance status for that area. If one or more legal requirements are checked as not in compliance, the final compliance status would be NOT In Compliance.

3.1.5 Evaluation Timelines

The team shall conduct an evaluation for special education purposes within a reasonable time not to exceed 30 school days from the date the district receives parental permission to conduct the evaluation or the expiration of the 14-calendar day parental response time in cases other than initial evaluation, unless a conciliation conference or hearing is requested.

Be sure to note any snow days or unexpected days off during the 30 window Minn. R. 3525.2550, Subp. 2

In Compliance NOT In Compliance District Family Unknown Due Date Not Reported

District Reviewer Comments:

3.2.2 Frequency of Reevaluation

A - A district shall ensure that a reevaluation of each pupil is conducted...at least once every three years… Minn. R. 3525.2710, Subp. 2

B - A reevaluation of each child with a disability is conducted...if the public agency determines that the educational or related services needs, including improved academic achievement and functional performance, of the child warrant a reevaluation; or if the child's parent or teacher requests a reevaluation.

34 C.F.R. § 300.303(a)

A reevaluation may be warranted when the needs of the student change or new information is brought to light that may change evaluation results.

For example, an outside evaluation is included in the file with important, new information and a reevaluation was not conducted or reviewed.

An out of district ER for a transfer student is received and is not sufficiently comprehensive to determine educational needs or plan appropriate programming, it must be redone.

In Compliance NOT In Compliance District Family Unknown Not Applicable


3.2.9 Secondary Transition

A. During grade 9, the plan must address the student's needs for transition from secondary services to postsecondary education and training, employment, community participation, recreation, and leisure and home living.

Age 14 is no longer part of the consideration as to when Transition discuss needs to occur during Grade 9, at the latest,

In order for transition to be on the IEP it must be included in the most recent evaluation Minn. Stat. § 125A.08



4.2.1 Initial IEP Meeting

A meeting to develop an IEP for a child is conducted within 30 days of a determination that the child needs special education and related services.

34 C.F.R. § 300.323(c)(1)

Not applicable for all annual IEPs



4.2.3 Annual Review of IEP

The IEP Team reviews the child's IEP periodically, but not less than annually, to determine whether the annual goals for the child are being achieved; and revises the IEP, if appropriate.

34 .F.R. § 300.324(b)(1)(i)(ii)

Look at IEP meeting date to IEP meeting date; not service dates.

When there are several IEP planning meetings, use the first in the series.



4.3.10 Transfer of Rights

A - Beginning not later than one year before the child reaches the age of majority under State law, the IEP must include a statement that the child has been informed of the child's rights under Part B of the Act, if any, that will transfer to the child on reaching the age of majority.

34 C.F.R. § 300.320(c)

B - The public agency must provide any notice required by this part to both the child and the parents; and all rights accorded to the parents under Part B of the Act transfer to the child.

34 C.F.R. § 300.520(a)(1)

Beginning no later than one year before the student reaches the age of majority under state law, the IEP must include a statement that the child and parents have been informed of the child’s rights, if any, that will transfer to the student on reaching age of majority.

The child should be informed of the transfer of rights at age 18 by their 17th birthday.

All rights accorded to parents transfer to children at age of majority who are incarcerated in an adult or juvenile, state or local correctional institution.




Notification Directions: For each area, review legal requirement and mark item if record is NOT in compliance, checking all that apply. Then select final compliance status for that area. If one or more legal requirements are checked as not in compliance, the final compliance status would be NOT In Compliance.

3.1.1 Notice of Evaluation Examples of when PWN is required:

Conducting an evaluation Refusing parental request for an evaluation Refusing service (or not changing placement) when a student is evaluated and found not eligible Initiating services through an initial IEP Changing placement or services as part of an annual IEP Discontinuing services through exiting or graduating Accepting an out of district IEP to begin services Addressing new information provided to the team that does not lead to development of a new IEP.

The PWN requirements are the same whether the district is: - Proposing or refusing an action - Referencing an evaluation or IEP

The PWN is a written summary of what is discussed at the IEP or evaluation planning meeting and should be individualized to the student.

There is no form or format requirement for the PWN; however it must be in writing and in the student’s file. A - The notice must include a description of the action proposed or refused by the agency.

34 C.F.R. § 300.503(b)(1)

Points of Clarification:

In describing the proposed action, be clear and specific

Do not use “and/or” or “as needed” when listing tests in your evaluation plan, unless it is clear what would trigger the test’s use.

Example: The Gray Oral Reading Test (GORT) will be administered if the student’s score on the Reading portion of the Woodcock Johnson Test of Achievement – Fourth Edition (WJ-IV) is a standard score of 70 or below.

Identify staff conduction the assessment by name and or title. Identifying “SPED staff” or “staff” is too generic.

Sample of Compliance:

The district is proposing to conduct a 3 year reevaluation. Specific data to be reviewed and assessments to be conducted are documented in the attached evaluation plan

Intellectual Functioning Wechsler Intelligence Scale for Children

– Fourth Edition (WISC-IV) School Psychologist

Sample of Noncompliance:

Three-year reevaluation

Intellectual Functioning WISC-IV and/or UNIT SpEd Staff Staff is too generic and does not mean a licensed teacher.


B - The notice must include an explanation of why the agency proposes or refuses to take the action.

34 C.F.R. § 300.503(b)(2)


The action is often to determine initial or continued eligibility for Special Education.

Prior Written Notice must also be used to describe a reevaluation in response to a student’s changing educational needs that may be evidenced by behavior issues or lack of progress


This is a reevaluation to determine continued eligibility, present levels, and current needs for Claudia’s specific learning disability. Due to emerging concerns with communication, the area of language will also be evaluated to determine if Claudia’s language needs meets initial eligibility criteria for additional special education and related services.


It’s time

Other options were rejected

C - The notice must include a description of other options that the IEP Team considered and reasons why those options were rejected.

34 C.F.R. § 300.503(b)(6)


Teams must always be able to identify other options for either an evaluation or for an IEP

The options discussed during the IEP or evaluation planning meeting must be documented on the PWN as well why they were rejected.

For an evaluation “other options” could include Delaying the evaluation, Conducting additional pre-referral interventions, Conducting different assessment procedures, Just reviewing existing data


The team considered adding an additional assessment to the evaluation plan, but decided against that option because all educational needs could be determined without additional assessment.

The team considered delaying the evaluation until another pre-referral intervention (allowing time out of seat, accompanied by classroom paraprofessional) was implemented, but decided against that option because the student’s behavior has made the need for evaluation urgent.

The team considered proposing an additional reading assessment, such as the Test of Early Reading Ability, but in reviewing his scores on the most recent NWEAs and the progress on his reading goal, the team decided that there is enough existing data to determine his educational needs in reading.


The team considered all relevant options

No other options were considered


D - The notice must include a description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action.

34 C.F.R. § 300.503(b)(3)

Points of Clarification

This is asking what information the team used to decide on the proposed actions

On a PWN for an evaluation, this is NOT referring to the lists of tests and procedures to be conducted. That list is your proposed action.

For an evaluation the basis for the proposed action could include: Parent and teacher input Classroom performance Aptitude and achievement tests Results of pre-referral interventions Progress on previous IEP goals and objectives


The team used data from pre-referral interventions and input from Jessica’s parents and classroom teachers to determine the areas to be assessed.


We are proposing to conduct the assessment listed in the attached plan

E - The notice must include a description of other factors that are relevant to the agency's proposal or refusal. 34 C.F.R. § 300.503(b)(7)


Additional examples: - Frequent medical appointments - Positioning requirements - Distractibility - No other factors

It is okay to put “none” on the PWN as long as there is not evidence to suggest otherwise


Ryan has a diagnosis of Attention Deficit/Hyperactivity Disorder and will need testing sessions broken into smaller segments to obtain optimal results.

Latisha does not communicate verbally and therefore uses an electronic communication device as her primary means of communication. These factors were considered when developing all aspects of her Individual Education Program (IEP).


If the section is left blank it is not in compliance. It must be addressed; simply wiring “None” is acceptable.

F - The notice must include a statement that the parents of a child with a disability have protection under the procedural safeguards of this part and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained.

34 C.F.R. § 300.503(b)(4)


Most PWN forms have this statement built in. Sample of Compliance:

You are protected by procedural safeguards and can get a description of the procedural safeguards by asking for them from: First name, Last name, Position Title, Phone number. (Be sure to write this in the procedural safeguards document)

G - The notice must include sources for parents to contact to obtain assistance in understanding the provisions of this part.

4 C.F.R. § 300.503(b)(5)


Most PWN forms have this statement built in. Sample of Compliance:

Here are some agencies that may help you in understanding your child’s rights under state and federal….


H - The notice must be written in language understandable to the general public. (Watch for abbreviations)

34 C.F.R. § 300.503(c)(1)(i)


Avoid education or special jargon and acronyms

When describing the proposed actions for an evaluation, do not list acronyms for tests; write out the complete title.

Use clear and concise language

I - The notice must be provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so.

34 C.F.R. § 300.503(c)(1)(ii)


This applies only if the parent is of limited English proficiency. If evidence that parent is proficient in reading English you can use the English forms.

When the translation is not written, there should be documentation of the oral translation and of understanding by the parents.

Having an interpreter present at the IEP Team Meeting may not be sufficient. If the PWN is written after the meeting, and is used to summarize what was discussed at the meeting, the PWN should also be interpreted, either orally or in writing, for the parent.

When providing forms in another language, they should be completed in that same language. o For example: A form translated in Spanish should be completed in Spanish.

J - The notice must inform the parents that the school district will not proceed with the initial placement and provision of services...without prior written consent of the pupil's parents.

Minn. R. 3525.3600 (A)

K - The notice must inform the parents that except for the initial placement and provision of services, the district will proceed with the proposed placement and provision of services unless the parents object in writing on the enclosed response form or otherwise in writing within 14 calendar days after the receipt of the notice.

Minn. R. 3525.3600 (B)

L - The notice must inform the parents that if they refuse to provide prior written consent for initial evaluation or initial placement or object in writing to any proposal, or if the district refuses to initiate or change the identification, evaluation, or educational placement or the provision of a free appropriate public education to the pupil, the parent may request a conciliation conference.

Minn. R. 3525.3600 (C


The three previous components (J-L), are generally built in to most due process forms; often as a check box.

These components are all required, regardless of whether the proposal is for the initial placement or provision of services or continued placement or provision of services.

One Part B eligibility has been determined by the team, all other evaluations are reevaluations in terms of due process requirements.

When the team looks at identifying a student under a new disability category, the team is conducting a reevaluation in terms of due process, but the student would need to meet initial eligibility criteria for the new disability category.

If evaluation is to determine eligibility for a student from out of stat and the parent refuses to sign permission, services stop. Send PWN home to exit student.


3.1.3 Parental Consent for Evaluation

A - The public agency proposing to conduct an initial evaluation to determine if a child qualifies as a child with a disability…must, after providing consistent notice…, obtain informed consent, … from the parent of the child before conducting the evaluation.

34 C.F.R. § 300.300(a)(1)(i)


This pertains to initial evaluations

Look at the date the signature was received by the district and compare to the dates the assessments were conducted.

This is a citation if any assessments that were conducted prior to obtaining consent or if no consent was received at all.

Be sure to count 30 days and put this on the form.

B - The team shall conduct an evaluation for special education purposes within a reasonable time not to exceed 30 school days from the date the district receives parental permission to conduct the evaluation or the expiration of the 14-calendar day parental response time in cases other than initial evaluation, unless a conciliation conference or hearing is requested.

Minn. R. 3525.2550, Subp. 2


This pertains to reevaluations

Look at the date of the PWN, date parents signature was received, and dates that assessments were conducted.

This is a citation if any assessments were conducted prior to 14 days after PWN date without signature permission from parents.

In Compliance NOT In Compliance District Family Unknown Not In File


4.2.2 Ensuring Parental Attendance at Meetings Points of Clarification

When the parent is in attendance, it can be assumed they were given sufficient notice and the time and location were mutually agreed upon.

Documentation of the parent’s attendance at a meeting may include: o Team meeting sign in o IEP meeting notes o IEP

As referenced in 34 C.F.R. 300.322(d), at least two efforts by the district to convince parents to participate must be document in the file.

Documentation may be found in: o Detailed records of telephone calls o Copies of correspondence o Records of visits made to parents’ home

Sample of compliance: 2 documented efforts for the same meeting date, parent does not show up, team may proceed with meeting.

If parents agree to meeting and don’t show you. Document a reminder call and then you may proceed with the meeting.

Cite this if a parent is not in attendance and there is not documentation of at least two efforts to arrange a mutually agreed upon time and place.

If evidence that parent requires an interpreter (deaf, second language) for the meeting and there is no evidence of the interpreter in attendance (team meeting notice, team sign in etc.) this area would be cited for ensuring parent attendance.

A - Each public agency must take steps to ensure that one or both of the parents of a child with a disability are present at each IEP Team meeting or are afforded the opportunity to participate, including notifying parents of the meeting early enough to ensure that they will have the opportunity to attend.

34 C.F.R. § 300.322(a)(1)

If parents attend, neither is a concern.


B - Each public agency must take steps to ensure that one or both of the parents of a child with a disability are present at each IEP Team meeting or are afforded the opportunity to participate, including scheduling the meeting at a mutually agreed on time and place.

34 C.F.R. § 300.322(a)(2)



4.10.1 Contents of Prior Written Notice for IEP/IIIP

Examples of when PWN is required: Refusing service (or not changing placement) when a student is evaluated and found not eligible. Initiating services through an initial IEP. Changing placement or services as part of an annual IEP. Accepting an out of state IEP that the team determines to be compliant and fits the student’s needs Discontinuing services through exiting or graduating.

The PWN is a written summary of what is discussed at the IEP meeting and should be individualized to the student.

A - The notice must include a description of the action proposed or refused by the agency. 34 C.F.R. § 300.503(b)(1)


The PWN for an IEP documents the actions of the proposal.

For an INITIAL IEP, generally describe the contents of the IEP and reference the initial IEP meeting.

For an ANNUAL IEP, the action must describe specific goals, services, or changes from the previous IEP.

Samples of Compliance

The district is proposing to implement an initial Individual Education Program (IEP) for Specific Learning Disability (SLD) services as discussed at the IEP Team Meeting on October 14, 2012. Please see attached IEP.

The district is proposing to provide continued direct instruction in reading to address Johnny’s Specific Learning Disability. He will continue to receive services in the resource room as well as accommodations and modifications in the classroom. Please see attached IEP dated October 14, 2013.

The district is proposing to discontinue April’s direct instruction in reading related to her Specific Learning Disability. She has met her goals and objectives and the team agrees she no longer has a Specific Learning Disability or needs services for reading. She will continue with direct instruction in speech/language. Please see attached IEP dated October 14, 2013.

Sample of Noncompliance

See attached IEP

B - The notice must include an explanation of why the agency proposes or refuses to take the action. 34 C.F.R. § 300.503(b)(2)


If the PWN for an IEP, the explanation of “why” details the reason the district is proposing the IEP or the particular services.

The explanation can refer to the IEP in general or specific services proposed in the IEP.


George has not made sufficient progress on his Individual Education Program (IEP) goals and continues to demonstrate a need for special education and related services to address his Specific Learning Disability in reading.

Kayla has been identified with a Specific Learning Disability in reading and requires direct instruction in order to make sufficient academic progress.

Samples of Noncompliance

It’s time for a new IEP

Elizabeth qualifies for special education


C - The notice must include a description of other options that the IEP Team considered and reasons why those options were rejected.

34 C.F.R. § 300.503(b)(6)


Other options considered could include: o Placement decisions, o Adding a service or increasing service time, o Discontinuing a service or decreasing service time, o Accommodations and modifications, o Location of service provision. o ESY decisions


The team considered placing Conner back at the setting 3 program at Walden Elementary, as progress reports show increased success at maintaining appropriate behavior, but decided against that option because of the recent incidents of physical aggression toward staff. (He will remain in the setting 4 placement at Walden Lake Learning Center until he reaches behavior objectives listed in his IEP).

The team considered reducing Kayla’s service time for speech from 20 minutes, 3x per week to 20 minutes, 1x per week for check-in and developing strategies for carryover in the classroom. This option was rejected because the team determined that she will need time to work on maintaining the sounds at the conversational level in the speech room. (A reduction to 2 times per week was decided to be appropriate).

. Samples of Noncompliance

The team considered all relevant options.

The team considered increasing or decreasing service time, but determined the services proposed in the IEP are best to meet the needs of the student.

D - The notice must include a description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action.

34 C.F.R. § 300.503(b)(3)


For an IEP, the basis for the proposed action could include: o Parent and teacher input, o Classroom performance, o Formal assessment results, or o Progress on previous IEP goals and objectives.


The team considered input from parents and classroom teachers, Nick’s progress on his previous Individual Education Program (IEP) goals, and his daily classroom performance to determine current goals and objectives.

The team considered the results of Jessica’s most recent formal reevaluation report dated April 14, 2011, to determine areas of need and appropriate services.

E - The notice must include a description of other factors that are relevant to the agency's proposal or refusal. 34 C.F.R. § 300.503(b)(7)


In developing the IEP, 34 C.F.R. 300.324(a)(2) discusses consideration of special factors which include:

o Behavior, o Limited English Proficiency o Blind or Visual Impairment o Communication Needs o Assistive Technology

Additional Examples: -Frequent medical appointments -Positioning requirements -Distractibility -No other factors It is okay to put “None” on the PWN as long as there is no evidence to suggest otherwise.



Latisha does not communicate verbally and therefore uses an electronic communication device as her primary means of communication. These factors were considered when developing all aspects of her Individual Education Program (IEP).

Samples of Noncompliance

If this section is left blank, it is not in compliance. It must be addressed; simply writing “none” is acceptable.

F - The notice must include sources for parents to contact to obtain assistance in understanding the provisions of this part.

34 C.F.R. § 300.503(b)(5)

G - The notice must be written in language understandable to the general public. 34 C.F.R. § 300.503(c)(1)(i)

Watch abbreviations

H - The notice must be provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so.

34 C.F.R. § 300.503(c)(1)(ii)

I - The notice must include a statement that the parents of a child with a disability have protection under the procedural safeguards of this part and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained.

34 C.F.R. § 300.503(b)(4)

J - The notice must inform the parents that the school district will not proceed with the initial placement and provision of services... without prior written consent of the pupil's parents.

Minn. R. 3525.3600 (A)

K - The notice must inform the parents that except for the initial placement and provision of services, the district will proceed with the proposed placement and provision of services unless the parents object in writing on the enclosed response form or otherwise in writing within 14 calendar days after the receipt of the notice.

Minn. R. 3525.3600 (B)

L - The notice must inform the parents that if they refuse to provide prior written consent for initial evaluation or initial placement or object in writing to any proposal, or if the district refuses to initiate or change the identification, evaluation, or educational placement or the provision of a free appropriate public education to the pupil, the parent may request a conciliation conference.

Minn. R. 3525.3600 (C)



4.11.2 Notice of IEP Meetings and Subject Matter For IEP/IIIP

The notice must indicate the purpose, time, and location of the meeting and who will be in attendance. 34 C.F.R. § 300.322(b)(1)(i)


The notice must include who, what, when, where and why.

The meeting notice must document all required IEP Team members, including: o Student with a disability, if post secondary goals and transition services will be discussed. o Any participating public agency likely to be responsible for providing or paying for transition

services.




4.11.5 Parental Consent

A - A public agency that is responsible for making FAPE available to a child with a disability must obtain informed consent from the parent of the child before the initial provision of special education and related services to the child.

34 C.F.R. § 300.300(b)(1)

Points of Clarification This is for the initial IEP

Cite this if there is no documentation of parental consent received for initiation of services.

B - The school district will proceed with its proposal for the child’s placement or for providing special education services unless the child’s parents notifies the district of an objection with within 14 calendar days of when the district sends the prior written notice to the parent…..

Minn. R. 3525.3600 (B) Minn Stat. § 125A.091, Subd. 3A(1)

Points of Clarification This is for an annual IEP. Compare proposed start date of service on the IEP and the date of the PWN. Cite this if the proposed start date is less than 14 calendar days after the date of the PWN and parent

signature was received after the proposed start date or not at all.

When counting 14 days the date of the PWN is counted as day zero When parental consent is received prior to the proposed start date, services can be started on the date

the district received consent. o There is no need to change the start date of the service on the IEP.

For an annual IEP, when parental consent is received after the proposed 14 day start date, services start on the proposed start date.

NOT In Compliance District Family Unknown Not In File



Evaluation Directions: For each area, review legal requirement and mark item if record is NOT in compliance, checking all that apply. Then select final compliance status for that area. If one or more legal requirements are checked as not in compliance, the final compliance status would be NOT In Compliance.

3.2.7 Evaluation Materials and Procedures

Evaluation- General Requirements

These citation areas pertain to all evaluations; regardless of disability category or whether it is an initial or reevaluation.

When you have completed an evaluation and want to add testing to another area, such as Developmental Adapted Physical Education (DAPE), the information cannot be added in an addendum attached to the old report.

There needs to be one comprehensive evaluation report incorporating all information. A - As part of an initial evaluation (if appropriate) and as part of any reevaluation, the IEP Team and other qualified professionals, as appropriate, must review existing evaluation data on the child, including information provided by the parents of the child.

34 C.F.R. § 300.305(a)(1)


When determining areas to assess, the team should consider all existing evaluation data on the child and tailor the evaluation accordingly.

Sources of existing evaluation data may include: o Pre-referral intervention data o Data from a system of Scientific, Research-Based Intervention (SRBI) o Outside evaluation data o Formal and informal assessment data

Verification Documentation may be located:

o In Prior Written Notice (PWN) detailing information used as the basis for the proposed action. o In the Evaluation Report (ER) under areas such as Reason for Referral, Background

Information, or Review of Previous Assessments.

This would be a citation if there was no evidence of existing evaluation data being reviewed as part of the evaluation when there is evidence such data exists.

B - A variety of assessment tools and strategies are used to gather relevant functional, developmental, and academic information about the child, including information provided by the parent.

34 C.F.R. § 300.304(b)(1)


34 C.F. R §300.304(b)(2) states “the public agency must not use any single measure or assessment as the sole criterion for determining whether a child is a child with a disability and for determining an appropriate educational program for the child.”, when determining eligibility, to draw from a variety of sources which may include

Aptitude and achievement tests,

Parent input

Teacher recommendations, as well as

Information regarding a child’s physical condition, social or cultural background, and adaptive

behavior

Most eligibility criteria require a number of different data sources (intelligence test, achievement test, observations, etc.).

State criteria and assessment requirements for eligibility must be considered when developing an evaluation plan.

This would be a citation if the assessment did not include a variety of tools and strategies


C - Assessments and other evaluation materials used to assess a child are selected and administered as not to

be discriminatory on a racial or cultural basis. 34 C.F.R. § 300.304(c)(1)(i)


Based on the referral information, background of the student, and parent and teacher input, if there is information to suggest racial or cultural factors may be evident for the student, there must be documentation in the ER or on the PWN that either:

o The factors were considered, resulting in changes or accommodations to the testing; or o The factors were considered and it was decided no changes or accommodations to testing

were needed.

D – Assessments and other evaluation materials used to assess a child are provided and administered in the child’s native language or other mode of communication and in the form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to provide or administer.

34 C.F.R. § 300.304(c)(1)(ii)


This citation is most often associated with Limited English Proficiency (LEP) students, but would also apply to students with other sensory, communication, or even motor impairments.

When an assessment is administered in another language or mode of communication, that information may be documented under “other factors” on the evaluation plan/PWN.

Based on the referral information, background of the student, and parent and teacher input, if there is information to suggest sensory, communication, or motor concerns for the student exist, there must be documentation in the ER or on the PWN that:

o The factors were considered, resulting in changes or accommodations to the testing; or o The factors were considered and it was decided no changes or accommodations to testing

were needed.

The extent to which an assessment varied from standard conditions, including the language or other mode of communication that was used in assessing a child, must be included in the ER.

For example, when assessment materials are not available in the child’s native language or other mode of communication, alterations may need to be made to the standardized procedures. Results must be interpreted cautiously and all modifications described thoroughly in the ER, along with their implications for the test results.

E - Assessments and other evaluation materials used to assess a child are used for the purposes for which the assessments or measures are valid and reliable.

34 C.F.R. § 300.304(c)(1)(iii)


Validity – does the instrument measure what it is intended to measure?

Reliability- Does the instrument measure consistently?

There are no legal parameters to define what is acceptable in terms of validity or reliability measurements.

o For example, there is no minimum requirement for a reliability coefficient.

Most nationally-normed, nationally published measures have met professional standards of reliability and validity.

When in question, check the test manual or with the publisher for information on the reliability and validity of a particular measure.

In addition to requiring the measure be valid and reliable, this also refers to using the measure for the purpose for which it was intended.

When in question regarding the intended purpose of a measure, check the test manual or with the publisher for information on the examiner qualifications for a particular measure.

This would be a citation if there was evidence to show the measures used were not valid or reliable or not used for the purposed for which they are intended.

For example, a screening instrument or a subtest score is used for eligibility determination.


F - Assessments and other evaluation materials used to assess a child are administered by trained and knowledgeable personnel.

34 C.F.R. § 300.304(c)(1)(iv)


Most formal assessment measures have specific examiner qualification requirements.

When in question, check with the test manual or publisher for details on the examiner qualifications for a particular measure.

This would be cited if there is evidence in either the ER or evaluation plan to suggest the person that administered the assessment was not properly trained and knowledgeable.

G - The evaluation is sufficiently comprehensive to identify all of the child's special education and related services needs, whether or not commonly linked to the disability category in which the child has been classified.

34 C.F.R. § 300.304(c)(6)


An evaluation must be designed to determine initial eligibility and to identify needs. Without both components, it is not sufficiently comprehensive.

A sufficiently comprehensive evaluation must address all areas of concern.

Sources for identifying areas of concern could include: o Parent and teacher report o Pre-referral interventions and referral paperwork o Individual Education Program (IEP) and progress reports

Areas of concern may be summarized and documented in the PWN under reasons why the district is proposing the action or included in the background information in the ER.

Disability categories require specific assessment data to determine eligibility as indicated in the specific eligibility criteria.

When one of the required data elements is missing, the evaluation would not be sufficiently comprehensive.

o Functional Behavioral Assessment (FBA) required for Emotional Behavioral Disorder (EBD) eligibility. (both initial and re-evaluation)

o Adaptive behavior measure required for Developmental Cognitive Disability (DCD) eligibility.



3.2.11 Evaluation Report

A — As part of an initial evaluation (if appropriate) and as part of any reevaluation, the IEP Team and other qualified professionals, as appropriate, must review existing evaluation data on the child including—Evaluations and information provided by the parents of the child.

34 C.F.R. § 300.305(a)(1)(i)


Generally, there is no requirement as to the amount of parent input required. Parent information integrated into one or more sections of the ER, including:

o Background information, o Reasons for the referral, o Health history, o Within the results of a questionnaire or rating scale completed by the parents, or o A summary of results from an outside evaluation provided by the parents.

Note that some disability categories, like DCD, require specific information from the home, which must be included for eligibility.


B - At a minimum an evaluation report must include: a summary of all evaluation results. Minn. R. 3525.2710, Subp. 6(A)

Each eval on permission is summarized One comprehensive summary


This citation relates to two items: o The results of all assessment measures listed on the Notice of Evaluation/PWN are included in

the corresponding ER, and o The ER documents a comprehensive summary of all of the evaluation results.

The record should be cited if either component is missing or insufficient.

If a test or measure is listed on the Notice of Evaluation/PWN, but you cannot find evidence in the ER that it was completed, the record would be cited here.

Conversely, if you find results from an evaluation measure documented in the ER that was NOT listed on the Notice of Evaluation/PWN, the record would be cited under the Notification Tab: Notice of Evaluation (proposed action sub item) for not adequately describing the action proposed.

The ER must be one comprehensive report, not individual reports stapled together.

The ER must include one comprehensive summary addressing all areas evaluated.

This summary draws information from multiple measures for each area evaluated and informs present level and educational need statements.

Speech and Language is reminded that they must do a comprehensive evaluation and summary when assessing for Speech/Language only

ER-Summary

Federal IDEA Requirements o An evaluation report copied to the parent o Documentation of determination of eligibility o Interpretation of evaluation for determining eligibility draws on information from a variety of

sources o Ensure that information obtained from all sources is documented and carefully considered.

34 C.F.R. § 300.306

ER-Summary

State Requirements o A summary of all evaluation results o Documentation of the disability o The Present Level of Performance o Whether the child needs special education services o Additions or modification to the services to enable the child to meet goal and objectives and to

participate in the general education curriculum Minn. R. 3525.2710 ER- Summary Comprehensive Summary Section

Ensures parents are informed

Synthesizes data from a variety of sources

Documents and facilitates careful consideration

Provides the Present Level of Performance

Explains how eligibility and educational needs determinations are reached Highlights – Evaluation Report Comprehensive Summary Section

Provides means to explain differences or contradiction in evaluation measures of the same domain.

Provides means to explain difference between results of evaluation measures and classroom observations.

Provides means to carefully consider results that no longer appear to apply to the student’s present level of performance.

Samples of Compliance:

The summary at the end of the report addresses all areas evaluated (intellectual, academic, social/emotional/behaviors, communication, etc.) This comprehensive summary draws information from multiple measures for each area evaluated and informs present level and educational need statements.


Samples of Noncompliance:

There are only summaries at the end of each section, no overall summary at the end of the report.

The overall summary at the end of the ER references specific test scores only and does not include the analysis of the data.

The overall summary at the end of the ER addresses all eligibility components, but does not address all areas evaluated.

C – At a minimum an evaluation report must include: the pupil's present levels of performance and educational needs that derive from the disability;

Minn. R. 3525.2710, Subp. 6(C)


This citation relates to two items: o The ER must document the pupil’s Present Levels of Performance, and o The ER must document educational needs that derive from the disability.

The record should be cited if either component is missing or insufficient. ER- Present Levels and Needs Verification Documentation may be located:

Within each evaluation area section of the ER

Within the overall comprehensive summary in the ER

In a separate section addressing all present levels of performance data

In a separate section addressing all education needs of the student

The Present Levels of Performance must incorporate current assessment results, information on current academic and functional performance in the classroom, and input from those working with the student to get a complete and current picture of that students.

o The Present Levels of Performance must include more than a list of assessment results and scores.

o The Present Levels section goes beyond the test information and gives a picture of the whole child

o Additional sources of Present Levels of Performance information include observations, work samples, curriculum-based measures, informal procedures, and progress on current goals and objectives.

Educational need statements should address skills and/or behaviors that need improvement in order for the child to participate and progress in the general curriculum.

Educational needs must be related to the disability and must indicate a need for specialized instruction or direct services.

Verification Documentation may be located:

Within each evaluation area section in the evaluation report.

Within the overall comprehensive summary at the end of the ER.

In a separate summary statement addressing all Present Levels of Performance data.

In a separate summary statement addressing all educational needs of the student.

D - An evaluation report must include: documentation of whether the pupil has a particular category of disability or, in the case of a reevaluation, whether the pupil continues to have such a disability.

Minn. R. 3525.2710, Subp. 6(B)


The initial ER must document that the student meets the criteria for a categorical disability. o This documentation may be found as a checked box on a pre-printed statement or in a criteria

checklist as part of the ER.

Reevaluation reports must document that all criteria components have been addressed and the student continues to have a disability

E - An evaluation report must include: whether the child needs special education and related services or, in the case of a reevaluation, whether the pupil continues to need special education and related services; and

Minn. R. 3525.2710, Subp. 6(D)


In addition to determining that a student has a disability, the ER must include a statement that the child needs, or continues to need, special education and related services.

o This may be documented by a pre-printed statement or checkbox on an ER form.

This statement is often missing from initial evaluation reports.


F - An evaluation report must include: whether any additions or modifications to the special education and related services are needed to enable the pupil to meet the measurable annual goals set out in the pupil's IEP and to participate, as appropriate, in the general curriculum.

Minn. R. 3525.2710, Subp. 6(E)


The ER should address the following questions: o In addition to the special education services being recommended to address the student’s

identified needs, what else is needed for the student to meet annual goals and participate in general education?

o What additions or modifications to special education will the IEP Team need to spell out/detail when developing or revising the IEP?

Statements should be general in the ER and more specific in the IEP


Patrick will need the use of a word processor to complete lengthy written assignments. The IEP team will also need to determine the best method by which to reinforce multiple step instructions for Patrick due to his significant deficits in sequencing oral information.

Sample of Non Compliance:

Patrick will need some classroom accommodations and assignment modifications In addition to special education services.




3.3.2 Determining a Child is Not a Child with a Disability – Graduation and Aging Out

For a child who eligibility terminates due to graduation from secondary school with a regular diploma, a public agency must provide the child with a summary of the child’s academic achievement and functional performance, which shall include recommendation on how to assist the child in meeting the child’s postsecondary goals. For a child whose eligibility terminates due to exceeding the age eligibility for Free Appropriate Public Education (FAPE) under state law, a public agency must provide the child with a summary of the child’s academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the child’s postsecondary goals. Points of Clarification:

This is often referred to as a Summary of Performance (SOP).

The intent of the SOP is for information to go with the student to post-secondary education or employment opportunities and to serve as a guide for future educators and employers on how to best work with the student.

There is no required form or format for a SOP but all required content must be present.

The summary of the academic achievement and functional performance would be similar to a Present Level of Academic Achievement and Functional Performance (PLAAFP) on an IEP. It must include more than a report of test scores, grades or transcript information.

SOP recommendations are designed to provide future educators or employers, who are unfamiliar with the student, with suggested tools and strategies that have been found to be successful in working with the student.

SOP recommendations are NOT asking what the district is going to do to help the student reach their post-secondary goals.

The SOP should be sent home with a corresponding PWN. Sample of Compliance:

Jim has met all graduation requirements and will receive his diploma 6/7/14. He is currently reading at a 7th grade level according to the Woodcock-Johnson Test of Achievement. He struggles with fluency and comprehension. He also has difficulty with spelling and grammar. He has strong math skills and strong problem solving skills. He enjoys hands-on activities.

Jim would like to be a mechanic. He has completed an application to the technical college and has met with the disability coordinator at the school. To be successful in this program, Jim will continue to need support with tasks involving reading and writing. Having access to books on tape has helped Jim in the past with fluency and comprehension of reading assignments. Also having access to a computer with spelling and grammar check programs will help him with any written assignments. He has done well in the past with hands-on class activities and it is believed that he will continue to do well with these types of activities. He has strong self-advocacy skills and knows when to seek assistance. This should be reinforced to ensure continued success.


Jim has met all graduation requirements and will receive his diploma on 6/7/14. Recent testing shows he is reading at a 7th grade level.

Jim wants to be a mechanic. He should enroll in a training program through the technical college.

A - For a child whose eligibility terminates due to graduation from secondary school with a regular diploma, a public agency must provide the child with a summary of the child's academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the child's postsecondary goals.

34 C.F.R. § 300.305(e)(3)

B - For a child whose eligibility terminates due to exceeding the age eligibility for FAPE under State law, a public agency must provide the child with a summary of the child's academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the child's postsecondary goals.

34 C.F.R. § 300.305(e)(3)




3.4.10 SLD Written Report- Required Content

A - For a child suspected of having a specific learning disability, the documentation of the determination of eligibility...must include an observation of the child in the child's learning environment, including the regular classroom setting that documents the child's academic performance and behavior in the areas of difficulty.

Minn. R. 3525.1341, Subp. 3(A)


An observation is a required component of an SLD evaluation.

There is no requirement regarding the number of observations completed - although, there would be a minimum of one.

However, if there are multiple areas of concern, such as reading and written language, then multiple observations may be necessary to document the child’s academic performance and behavior in the areas of difficulty.

The team can decide to use observational data from before the referral or after (as included in the evaluation plan/Prior Written Notice).

There is no specification as to who must do the observation other than it be a qualified professional.

The observation must be done in the child’s regular learning environment.

Whatever observational data is used must describe behavior that is relevant to the child’s academic functioning.

For example, when the concerns are in reading, the observation should describe behavior related to reading; a simple time-on-task observation may not provide relevant observational data.

This would be a citation if the data from the observation does not relate to the student’s academic functioning in the area(s) of concern

B - For a child suspected of having a specific learning disability, the documentation of the determination of eligibility…must contain a statement of whether the child has a specific learning disability.

34 C.F.R. § 300.311(a)(1)


Identifying a student as having a specific learning disability means they have met the required eligibility components.

This statement would most likely be found in the summary or eligibility determination section of an ER

This would be a citation if the ER does not clearly identify the student as SLD.

C - For a child suspected of having a specific learning disability, the documentation of the determination of eligibility...must contain a statement of the basis for making the determination including that the child has a disorder, across multiple settings, that impacts one or more of the basic psychological processes...documented by information from a variety of sources.

Minn. R. 3525.1341, Subp. 3(C)(1)


The basic psychological processes are involved in understanding or in using language, spoken or written, that may be manifest in the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations.

The disorder across multiple settings must be documented by information from a variety of sources including:

o Aptitude and achievement tests, o Parent input, o Teacher recommendations, as well as o Information about the child’s physical condition, social or cultural background, and adaptive

behavior.

SLD criteria require that the student have an information processing condition

This citation requires documentation that supports this condition

The documentation must be from a variety of sources

This would be a citation if there is not documentation in the ER from multiple sources to support the information processing condition.


D - For a child suspected of having a specific learning disability, the documentation of the determination of eligibility...must contain a statement of the basis for making the determination including that the child's underachievement is not primarily the result of visual, hearing, or motor impairment; developmental cognitive disabilities; emotional or behavioral disorders; environmental, cultural, or economic influences; limited English proficiency; or lack of appropriate instruction in reading or math.

Minn. R. 3525.1341, Subp. 3(C)(2)

This must be verified by:

Data that demonstrate that prior to, or as part of, the referral process, the child was provided appropriate instruction in regular education settings delivered by qualified personnel; and

Data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment of the child’s progress, which was provided to the parents

Each of these factors must be considered and ruled out as the PRIMARY cause for underachievement.

It is not sufficient to just include a statement in the ER indicating these factors were considered and ruled out. There must be data in the ER to support this determination.

It is possible for some of these factors to be present, such as cultural or economic influences, yet determined not to contribute to the underachievement.

It is possible for a student to have a secondary disability, such as an Emotional or Behavioral Disorder, and still meet the criteria for SLD.

The SLD ER should document that the emotional or behavioral concerns are concurrent and one is not a result of the other.

There are no clear legal guidelines on the data required to demonstrate that “prior to, or as part of, the referral process, the child was provided appropriate instruction in regular education settings delivered by qualified personnel.”

One would look for documentation that a student has participated in a regular education program. If there is no educational history, you would not be able to rule out the lack of appropriate instruction in reading or math.

If there is no educational history, you would not be able to rule out the lack of appropriate instruction in reading or math.

Likewise there are no clear legal guidelines on required “data-based documentation of repeated assessments of achievement as reasonable intervals, reflecting formal assessment of the child’s progress during instruction, which was provided to the child’s parents.”

This data could include such things as MCA testing, NWEA tests, or any other formal assessment administered over time to gauge achievement.

This would be a citation if there is evidence of potential other factors that may be the primary cause for the underachievement yet those factors are not addressed or not adequately weighed in the basis for making the determination of the child’s underachievement.

E - For a child suspected of having a specific learning disability, the documentation of the determination of eligibility...must contain a statement of the educationally relevant medical findings, if any.

34 C.F.R. § 300.311(a)(4)


There is no guidance on what are considered “relevant medical findings.”

There should be some mention in the ER that possible medical influences have been considered.

When there is no mention of any educationally relevant medical findings, or lack there of, this would not be a citation unless there is documentation elsewhere (referral information, Individual Education Program) that there is in fact a medical condition that would be relevant.

For a child suspected of having a Specific Learning Disability, the documentation of the determination of eligibility…must include:

o Whether the child meets criteria in subpart 2, either items A, B, and C or items A, B, and D.

The specifics of the criteria components were addressed in slides 158-175.

These components and the supporting data would need to be documented in the SLD written report.

Criteria A is that the child does not achieve adequately in one or more of the eight areas of SLD, and either:

o Does not make adequate progress (in response to SRBI) OR

o Demonstrates a pattern of strengths and weaknesses

Criteria A is broken down into three possible citations (A, A1, and A2).


F - For a child suspected of having a specific learning disability, the documentation of the determination of eligibility...must contain a statement of whether the child does not achieve adequately for the child's age or to meet State-approved grade-level standards. (Criteria A)

34 C.F.R. § 300.311(a)(5)(i)


The inadequate achievement would need to be demonstrated in one or more of the eight areas of SLD.

There is no legal definition of inadequate achievement.

Documentation of inadequate achievement should come from the following sources when available: o Cumulative record reviews o Class work samples o Anecdotal teacher records o Statewide and district-wide assessments o Formal, diagnostic, and informal tests o Curriculum-based evaluation results o Results from targeted support program in general education

The documentation should be from multiple sources.

Information about the low achievement must be sought from the parents.

This would be a citation if the ER does not have documentation of low achievement in one or more of the eight areas.

G - For a child suspected of having a specific learning disability, the documentation of the determination of eligibility...must contain a statement of whether the child does not make sufficient progress to meet age or State-approved grade-level standards. (Criteria A1) OR

34 C.F.R. § 300.311(a)(5)(ii)(A)


The requirement is for a statement that the child does not make sufficient progress. Criteria D defines the inadequate rate of progress and requires specific data to support this.

These components of the criteria are often overlooked.

The information is often implied in the ER but not explicitly stated.

When using SRBI, the ER needs to state the child does not make sufficient progress to meet age or State-approved grade-level standards.

If using a discrepancy model, the ER needs to detail a pattern of strengths and weaknesses.

H - For a child suspected of having a specific learning disability, the documentation of the determination of eligibility...must contain a statement of whether the child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, State-approved grade level standards or intellectual development. (Criteria A2)

34 C.F.R. § 300.311(a)(5)(ii)(B)


There is no definition of a pattern of strengths and weaknesses, but the report must document evidence of such.

Since the requirement is for either A1 or A2, you would only cite one of these two.


I - For a child suspected of having a specific learning disability, the documentation of the determination of eligibility...must demonstrate the child has a disorder in one or more of the basic psychological processes which includes an information processing condition that is manifested in a variety of settings. (Criteria B)

Minn. R. 3525.1341, Subp. 2(B)


An information processing disorder could manifest itself in a variety of ways including: o Acquisition of Information, o Organization, o Planning and Sequencing, o Working Memory, o Visual and Auditory Processing, o Speed of Processing, o Verbal and Nonverbal Expression, o Transfer of Information, or o Motor control for written tasks.

Data to demonstrate an information processing disorder could come from: o Formal or informal questionnaires or rating scales, o Analysis of formal or informal test results, o Anecdotal information from parents or teachers.

The information processing disorder must be demonstrated in a variety of settings and the report should include information from a variety of sources supporting the disorder in multiple settings including information from parents or teachers.

This would be a citation if the ER does not address or adequately demonstrate the presence of an information processing condition in a variety of settings.

J - For a child suspected of having a specific learning disability, the documentation of the determination of eligibility...must demonstrates a severe discrepancy between general intellectual ability and achievement in one or more areas. (Criteria C) OR

Minn. R. 3525.1341, Subp. 2(C)


For initial placement, discrepancy must be equal to or greater than -1.75 Standard Deviation (SD)

For a reevaluation, the student does not need to demonstrate a discrepancy of the same severity but will still need to demonstrate inadequate achievement (Criteria A) and a discrepancy between ability and achievement.

This discrepancy shall not be based solely on standardized tests. There should be evidence from other sources to support the discrepancy.

Information about the severe discrepancy must be sought from the parents

For an initial evaluation, this may be cited if the student is found eligible but there is not documentation of a severe discrepancy.

For a reevaluation, the student can still be found eligible without the severe discrepancy but this may still be cited if there is no discrepancy or the discrepancy is not addressed.


K - For a child suspected of having a specific learning disability, the documentation of the determination of eligibility...must demonstrate an inadequate rate of progress…measured over time through progress monitoring while using intensive SRBI. A minimum of 12 data points are required from a consistent intervention implemented over at least seven school weeks. (Criteria D)

Inadequate rate of progress in SRBI is defined by four points: o Rate of improvement is minimal and continued interventions will not likely result in reaching

age or state-approved grade-level standards; o Progress will likely not be maintained when instructional supports are removed; o Level of performance in repeated assessments of achievement falls below the child’s age or

state-approved grade-level standards; and o Level of achievement is at or below the fifth percentile on one or more valid and reliable

achievement tests using either state or national comparisons.

All four of these components of inadequate progress must be documented to support the determination that the child does not make adequate progress in response to SRBI

There should be data in the SLD ER to document each component and support the inadequate rate of progress.

Information about the inadequate rate of progress must be sought from the parents.

This would be a citation if any of the components are not addressed or if the data does not support the determination of inadequate progress.

Minn. R. 3525.1341, Subp. 2(D)

L - For a child suspected of having a specific learning disability the documentation of the determination of eligibility...must contain a statement of if the child has participated in a process that assesses the child's response to scientific, research-based intervention (SRBI) and the instructional strategies used and the student-centered data collected.

The information in the SLD ER should detail the instructional strategies used and should correspond to what is specified in the district’s TSES

The data collected needs to be specific to the student. The manner is which data is collected should also be specified in the district’s TSES.

This would be cited if this information were missing in the ER. 34 C.F.R. § 300.311(a)(7)(i)

M - When using SRBI, the documentation that the child's parents were notified about the State's policies regarding the amount and nature of student performance data that would be collected and the general education services that would be provided, strategies for increasing the child's rate of learning, the parent's right to request an evaluation.

The district’s TSES needs to detail the parent notification and consent policies.

When using SRBI, the SLD ER should include documentation of parent notification and should be consistent with the district’s TSES.

This would be cited if this information were missing in the ER. 34 C.F.R. § 300.311(a)(7)(ii)(A-C)

N - Each group member must certify in writing whether the report reflects the member's conclusion. 34 C.F.R. § 300.311(b)


All team members need to sign the ER, whether in agreement or not.

Signatures are required for both an initial and reevaluation SLD ER.

Team member signatures from all required team members must be present for the SLD ER to be in compliance.

Signatures are also required for any ER in which SLD was considered. If the team considered SLD and OHD but found the student eligible for only OHD, it is still an SLD evaluation and would require signatures.

34 C.F.R. § 300.308 identifies team members required for an SLD evaluation as basically the parent, general education teacher, and person qualified to conduct diagnostic examinations.

However, anyone present at that meeting would be considered a team member and should sign the ER. If someone at the meeting did not sign, then this should be cited.


O - If it does not reflect the member's conclusion, the group member must submit a separate statement presenting the member's conclusions.

34 C.F.R. § 300.311(b)


The statement does not need to be lengthy, but should include substantive evidence rather than just opinion.

When more than one team member disagrees, they can write separate statements or a joint statement.

When two or more team members disagree with the decision, is it really the right decision?

When one or more of the SLD ER requirements are missing, you may need to consider if there is an eligibility concern.

It could be there is not evidence to support the decision, or it could be the evidence is just not documented appropriately in the ER.

For example, when the SLD ER does not contain documentation of an observation: Was an observation done? Given that is a required component of an SLD ER, how can one truly say the student is SLD if all the required components are not addressed?

When the SLD ER is missing team member signatures, this is probably not an eligibility issue but rather a documentation concern.

In Compliance NOT In Compliance District Family

Unknown

Not In File Not Applicable


Functional Behavioral Assessment (FBA) “Functional behavioral assessment” or “FBA” means a process for gathering information to maximize the efficiency of behavioral supports. An FBA includes a description of problem behavior and the identification of events, times, and situation that predict the occurrence and nonoccurrence of the behavior. An FBA also identifies the antecedents, consequences, and reinforcers that maintain the behavior, the possible function of the behavior, and possible positive alternative behaviors. An FBA includes a variety of data collection methods and sources that facilitate the development of hypotheses and summary statement regarding behavioral patterns. “

Minn. R. 3525.0210, Subp. 22


An FBA is required as part of any initial evaluation for EBD.

An EBD reevaluation must include either a new FBA or revisions to a previous FBA to reflect current behavior and changes that might have occurred since the previous FBA was completed.

An FBA could also be found in an evaluation for a student identified with any disability category who is experiencing behavior difficulties.

An FBA is required prior to including any restrictive procedures in a student’s IEP or Behavior Intervention Plan (BIP).

A child with a disability who is removed from the child’s current placement for 10 school days in the same school year must receive, as appropriate, an FBA and behavioral intervention services and modifications, that are designed to address the behavior violation so that it does not recur.

If as part of a manifestation determination the IEP Team determines that behavior was a manifestation of the disability, the IEP Team must conduct an FBA, unless the district had conducted an FBA before the behavior that resulted in the change of placement occurred, and implement a behavioral intervention plan for the child.

An FBA is considered a reevaluation and must be conducted in accordance with federal and state evaluation procedures.

All reevaluations, including FBAs, must be incorporated into a comprehensive evaluation report.

All evaluation reports, including reports for reevaluations and FBAs, must meet the requirements of Minn. R. 3525.2710, subp. 6.


A - The FBA includes a description of problem behaviors. Minn. R. 3525.0210, Subp. 22


The “problem behavior” or “target behavior” must be clearly defined.

The behavior must be something observable and measurable. Sample of Compliance:

Ethan disrupts classroom activities by talking out in class, both during lecture and work times. He speaks loudly and uses inappropriate language. When redirected by teachers he talks back and argues, often saying “make me” when teachers ask him to get out his materials or follow along with class activities.


Ethan is disruptive in class and defiant towards teachers

B - The FBA includes the identification of events, times, and situations that predict the occurrence and nonoccurrence of the behavior.

Minn. R. 3525.0210, Subp. 22


This citation is asking when the behavior occurs, or does not occur. For example: o During certain classes o At certain times of the day o At special events o When working in groups o When with certain people


Ethan is most disruptive during academic class times, especially during read aloud and independent writing activities. These classes are in the morning. HE does well in the afternoon and during group activities when he can work with a partner.


Ethan’s disruptive behavior occurs throughout the school day.


C - The FBA also identifies the antecedents, consequences, and re-enforcers that maintain the behavior, Minn. R. 3525.0210, Subp. 22


Antecedents, consequences and re-enforcers of behavior address: o The context of the behavior (pre and post behavior) o Triggers of the behavior o The positive and negative aspects of the behavior o The aim is to identify what is leading up to the behavior and what is maintaining the behavior in

order to prevent the negative behaviors from continuing.

The antecedents can be similar to the events, times, and situations in which the behavior occurs. o What was the student doing? o What is being asked of the student? o Where is the student? o What is immediately preceding the behavior?

What sets off the behavior?

What makes the behavior happen?

Who else is involved?

Consequences and re-enforcers are those things that follow the behavior.

Consequences would be negative results that would hopefully discourage the behavior.

Re-enforcers would be those things that either deliberately or inadvertently encourage the behaviors Sample of Compliance:

Ethan’s disruptive behavior occurs mainly in the mornings during his language arts time. He refuses to do his work. He is temporarily reinforced by not having to complete his assignment individually. Consequences of his behavior include sending him to the principal’s office or the resource room.


Calvin is physically aggressive during the school day.

Leo’s peers do not seem to like to play or work with him

Ethan is disruptive during class. He is often removed from class and will either go to the resource room or the principal’s office.

D - The FBA identifies the possible functions of the behavior. Minn. R. 3525.0210, Subp. 22


As with the consequences and re-enforcers, we are looking for the reasons why the behavior is occurring.

In the previous sample, being removed from class and sent to the principal’s office could be rewarding for the student, thus only encouraging its continuance.

This is why it is important that we understand the motivation of the student’s behavior.

Understanding the function of the behavior, or the motivation of the student, will help to establish more effective consequences and re-enforcers to encourage possible alternative behaviors.


Ethan refuses to do his independent language arts assignments and will argue with his teacher until he is removed from the class. Ethan avoids his assignments because he is reading below grade level and struggles with completing assignments independently.


Ethan’s disruptive behavior causes problems in the classroom and prevents other students from getting their work done.


E - The FBA identifies possible positive alternative behaviors. Minn. R. 3525.0210, Subp. 22


The FBA should not just look at the elimination of the negative behavior, but should include an alternate or replacement behavior. What is the desired behavior?

The FBA should not only state the desired behavior of the student (not hitting peers, following directions, etc.), but also state how the student will develop the desired behavior.

Positive alternative behaviors can be prompted or supported by: o Antecedent and setting-event modifications, or o Teaching alternative skills, o consequence interventions o lifestyle interventions.

Questions to consider may be: o What are ways to change the context to make the problem behavior unnecessary? o What are ways to prevent the behavior? o What can be done to increase expected behaviors or to teach a replacement behavior? o What should happen when a problem behavior occurs? o What should happen when desired or replacement behavior occurs?


Ethan could be assigned a partner to work with during his language arts class. Since Ethan works well with peers, his partner could help him get started on his assignments. When struggling, Ethan can be allowed to request to go to the resource room to complete his assignments and get support from the special education teacher. Ethan could also be given modified assignments that are more at his level, to avoid frustration and build success.


Ethan will complete his assignments and refrain from arguing with his teachers.

F - An FBA includes a variety of data collection methods and sources that facilitate the development of hypotheses and summary statements regarding behavioral patterns.

Minn. R. 3525.0210, Subp. 22


Data must be gathered from a variety of sources using a variety of measures.

Information from parents, teachers, and student would contribute to fully understanding the behavior.

Data from observations, interviews, and other formal or informal measures will enable clearer understanding of the behavior, its function, and what would be appropriate and successful alternate behaviors.

There is no indication of a minimum number of methods or sources required

There is no indication of any specific required methods or sources, such as a particular questionnaire or parent interview

This would be cited if there is not evidence that data was gathered from more than one data source or through use of more than one method.

If PWN states that an FBA will be conducted, but doesn’t describe method for gathering the data, then the ER must fully describe the method used for data collection.




3.07 Team Override Documentation Team Override Documentation

The team may determine that a pupil is eligible for special instruction and related services because the pupil has a disability and needs special instruction even though the pupil does not meet the specific requirement … (MN Rule

Categories). The team must include the documentation in the pupil’s special education record according to items A, B, C, and D. Minn. R. 3525.1354, Subp. 1(A)


Team override requirements apply to all disability categories.

If one or more of the components of team override documentation is found not in compliance, this may be considered an eligibility citation.

If the student didn’t meet eligibility criteria and the team didn’t properly demonstrate eligibility through a team override, the student may not be eligible for Special Education.

A - The pupil's record must contain documents that explain why the standards and procedures used with the majority of pupils resulted in invalid findings for this pupil.

Minn. R. 3525.1354, Subp. 1(A)

B - The record must indicate what objective data were used to conclude that the pupil has a disability and is in need of special instruction and related services. These data include, for example, test scores, work products, self-reports, teacher comments, medical data, previous testings, observational data, ecological assessments, and other developmental data.

Minn. R. 3525.1354, Subp. 1(B)

C - Because the eligibility decision is based on a synthesis of multiple data and not all data are equally valid, the team must indicate which data had the greatest relative importance for the eligibility decision.

Minn. R. 3525.1354, Subp. 1(C)


The team must document their justification as to why the assessments and procedures used on the majority of students produced invalid results and why the team cannot get valid results using typical standards and procedures.

The team must document what specific data were used to make the eligibility determination

The team must indicate which data had the greatest relative importance for decision making.

D - The team override decision must be signed by the team members agreeing to the override decision. Minn. R. 3525.1354, Subp. 1(D)


Signatures are required for an override regardless of disability area.

All team member signatures must be present for the override to be in compliance.

E - For those team members who disagree with the override decision, a statement of why they disagree and their signature must be included.

Minn. R. 3525.1354, Subp. 1(D)


A statement of disagreement does not need to be lengthy, but should include substantive evidence rather than just opinion.

If more than one team member disagrees, they can write separate statements or a joint statement.




3. 08 Exit Procedures

A public agency must evaluate a child with a disability before determining that the child is no longer a child with a disability. Points of Clarification

An evaluation is required when dismissing a student from ALL special education and related services.

These are cases in which you are determining that the child is no longer a student with a disability.

However, there are a few cases in which an evaluation is not required prior to termination of all special education services for that child.

o These are: o Graduation from a secondary school with a diploma, o Exceeding the age eligibility for FAPE under State law, or o When parents revoke consent for special education and related services.

The evaluation does not need to involve new assessments; a review of records may be sufficient as long as there is enough current data to document:

o The student’s present levels of education al and functional performance, o The determination that the child is no longer a child with a disability, and o The student no longer need special education and related services.

Additional Points of Clarification

An evaluation in not required when the child remains a child with a disability, yet the team decides to: o Dismiss from a related services (such as occupational therapy) o Dismiss from a secondary disability (such as speech and language from a student identified

EBD)

A reduction in service would require a PWN and would usually be determined through the IEP team meeting process.

Continue providing services until parent signature that explains reduction is signed by parents or 14 days have elapsed.

34 C.F.R. § 300.305(e)(1)




Eligibility Directions: After completing an eligibility checklist for each area evaluated, complete the non-shaded areas below.

Check each area considered

Evaluation/IEP team found

student eligible in this area:

indicate yes/no

Disability Category

Documentation in evaluation

report supports team decision:

yes/no

District Comments

3.4.1 Autism Spectrum Disorders

3.4.2 Blind or Visually Impaired

3.4.3 Deaf/Blind

3.4.5 Deaf/Hard of Hearing

3.6.1 Developmental Adapted Physical Education (DAPE)

3.4.6 Development Cognitive Disability

3.5 Developmental Delay (3-6)

3.5 Developmental Delay (B-2)

3.4.4 Emotional or Behavioral Disorders

3.4.7 Other Health Disabilities

3.4.8 Physical Impairment

3.4.9 Severely Multiply Impaired

3.4.10 Specific Learning Disability

3.4.11 Speech or Language Impairment

3.4.12 Traumatic Brain Injury


IEP/IIIP Standards Directions: For each area, review legal requirement and mark item if record is NOT in compliance, checking all that apply. Then select final compliance status for that area. If one or more legal requirements are checked as not in compliance, the final compliance status would be NOT In Compliance.

4.1.3 Team Members Points of Clarification:

Parents and the district may include other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate. *If parents are not together, but both have rights, invite both parents to the meeting. You only need 1 to show up.

If placed out-of-district by a parent via school choice or open enrollment, a representative from the resident district is not required to be invited to the IEP team meeting.

The following team members must be in attendance if conditions warrant: o Teacher licensed in the pupil’s disability if not already on the team o A transition service provider/payer with the consent of the parent o For a child in out of district placement, team membership is defined by the nature of the placement o For a child transitioning from Part C to Part B, a service coordinator or other representative of the Part

C system by the parent request.

The public agency must invite a representative of any participating agency that is likely to be responsible for providing or paying for transition service, with the consent of the parent

LEA must ensure that a representative of the private school or facility attends the meeting. If a private school or facility conducts the IEP meeting, the public agency must ensure that the parents and an agency representative are involved in any decision about the child’s IEP and agree to any proposed changes before they are implemented. If the representative cannot attend, other methods are used to ensure participation by the private school or facility, including individual or conference telephone calls.

A - The IEP Team for each child with a disability includes the parents of the child. 34 C.F.R. § 300.321(a)(1)

B - The IEP Team for each child with a disability includes not less than one regular education teacher of the child (if the child is, or may be, participating in the regular education environment).

General Education Teachers at IEP meetings for Preschoolers (Age 3-5) o Is the child or may the child be participating in a regular early childhood (EC) program while

the IEP is in effect? A regular EC program includes a majority (60%+) of nondisabled children.

o If yes, and it’s a district program, then the child’s general education teacher attends. o If yes, maybe, and it’s a district program, then an appropriately-licensed/credentialed teacher

attends. o If yes, but the child in not in a district program then;

Best option: appropriately licensed/credentialed EC regular education teacher of the child attends

Next Best option: appropriately licensed/credentialed EC regular education teacher attends

Least best option but acceptable: appropriately licensed regular education kindergarten teacher attends

o If no, the child is not and is not expected to be participating in a regular EC program then no general education teacher is required on the team.

34 C.F.R. § 300.321(a)(2)

C - The team member licensed in a pupil's disability shall be responsible for conducting the pupil's evaluation and participating at team meetings when an IEP is developed, reviewed, or revised.

Minn. R. 3525.2350, Subp. 3


A licensed special education teacher/provider means someone who can interpret the instructional implications of evaluation results. The determination of knowledge or expertise of any individual must be made by the party who invited the individual to be a member of the IEP team. Beginning July 1 2015 must have ASD licensed person on the team.


D - The IEP Team for each child with a disability includes not less than one special education teacher of the child, or where appropriate, not less than one special education provider of the child. 34 C.F.R. § 300.321(a)(3)

E - A child with a disability must be invited to attend the IEP Team meeting if a purpose of the meeting will be the consideration of the postsecondary goals for the child and the transition services needed to assist the child in reaching those goals.

34 C.F.R. § 300.321(b)(1)


A child with a disability must be invited whenever appropriate and must be invited by transition age.

If the child can’t attend, the team must take steps to ensure that the child’s preferences and interests are considered.

F - To the extent appropriate, with the consent of the parents or a child who has reached the age of majority, a representative of any participating agency that is likely to be responsible for providing or paying the transition services must be invited to attend the meeting. 34 C.F.R. § 300.321(b)(3)


A representative of the public agency must be knowledgeable about the general education curriculum and knowledgeable about the availability of resources of the public agency. The team may designate a member of the IEP team to also serve as the agency representative and this member must meet the above definition to be the district representative. .

If the district determines that a new evaluation is necessary, the evaluation is considered an initial evaluation and not a reevaluation. PWN and parental consent is required.

The public agency must invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services.

G - The IEP Team for each child with a disability includes a representative of the public agency who is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities; is knowledgeable about the general education curriculum; and is knowledgeable about the availability of resources of the public agency. District Rep

34 C.F.R. § 300.321(a)(4)

H - A representative of the private school or facility attends the meeting and if the representative cannot attend, other methods are used to ensure participation by the private school or facility, including individual or conference telephone calls.

34 C.F.R. § 300.325(a)(2)


For a child enrolled in a private school, a representative of the school.

LEA must ensure that a representative of the private school or facility attends the meeting. If a private school or facility conducts the IEP meeting, the public agency must ensure that the parents and an agency representative are involved in any decision about the child’s IEP and agree to any proposed changes before they are implemented. If the representative cannot attend, other methods are used to ensure participation by the private school or facility, including individual or conference telephone calls.

I - If the team determines that it may be appropriate to consider placement options outside of the resident district, representatives from the outside district, agency, or academy must be invited to attend a team meeting as a participant to complete an appropriate IEP for the pupil including the needs, goals, objectives, services, and placement of the pupil.

Minn. R. 3525.0800, Subp. 3


For a child in out-of-district placement, a representative from the resident district, agency or academy.

For a child who has been placed out-of-district by the resident district, a representative from the resident district, agency or academy should be in attendance.


J - In the case of a child who was previously served under Part C, an invitation to the initial IEP Team meeting must, at the request of the parent, be sent to the Part C service coordinator or other representatives of the Part C system to assist with smooth transition of services.

34 C.F.R. § 300.321(f)


For a child transitioning from Part C to Part B, a service coordinator or other representatives of the Part C system by parent requested.

For an initial IEP meeting for a child transitioning from Part C to Part B, an invitation to the IEP team meeting must be sent to the Part C service coordinator or other representatives of Part C, at the request of the parent, to assist in a smooth transition.



4.2.9 Excused Absence from Team Meeting by Individual Member

A - A required member of the IEP Team is not required to attend an IEP Team Meeting, in whole or in part, if the parent of a child with a disability and the public agency agree, in writing, that the attendance of that member is not necessary because the member's area of the curriculum or related services is not being modified or discussed in the meeting.

34 C.F.R. § 300.321(e)(1)


Written excusal is needed for any required team member not in attendance at a team meeting.

It is possible to use electronic signatures to indicate consent. Please refer to the Uniform Electronic Signature Act. Available at https://www.revisor.mn.gov/statues/?=325L

Written documentation of parent agreement to the excusal of the required team member must be included in the file and correspond to a specific IEP meeting date.

Dates on the agreement to excuse and the written input from the excused member must be prior to, or date of, the IEP team meeting.

Parents must be informed that they do not need to consent to the excusal and that instead the meeting can be rescheduled. Parents can revoke their consent at any time.

When a discretionary member is unable to attend the meeting, it is not necessary to obtain a written agreement or consent from a parent. The parent may ask for the meeting to be re-scheduled so that this member can attend.

B - A member of the IEP Team…may be excused from attending the IEP Team Meeting…if the parent, in writing, and the public agency consent to the excusal, and if the member submits, in writing, to the parent and the IEP Team, input into the development of the IEP prior to the meeting.

34 C.F.R. § 300.321(e)(2)


A required member of the IEP team may be excused from attending the meeting when the meeting involves a modification to or discussion of the member’s area if the parent and district consent in writing to the excusal and the necessary member submits, in writing to the parent and IEP team, input prior to the meeting.

Written documentation of the input of the excused team member must also be included in the file. It is not acceptable to merely incorporate the input of the excused member into the newly developed or revised IEP.



https://www.revisor.mn.gov/statues/?=325L


4.3.1 Present Levels of Academic Achievement and Functional Performance (PLP)

The IEP includes a statement of the child's present levels of academic achievement and functional performance, including how the child's disability affects the child's involvement and progress in the general education curriculum (i.e. the same curriculum as for nondisabled children); or for preschool children, as appropriate, how the disability affects the child's participation in appropriate activities.

34 C.F.R. § 300.320(a)(1)

The following questions need to be answered in the PLAAFP statements to be in compliance.

What are the student’s present levels as related to the needs identified in the evaluation report or any previous IEP?

How does the student’s disability affect the student’s involvement and progress in the general education curriculum?


Functional performance is generally understood to refer to skills or activities that are not considered academic or related to a child’s academic achievement. Instead, “functional” is often used in the context of routine activities of everyday living. (Commentary in the Federal Register, page 46661)

The PLAAFP must include: o Current levels of performance and be more than just test scores. o Information on how the disability impacts progress and participation the general education

curriculum.

Either the PLAAFP or the Annual Goal must have a measurable baseline/starting point. Do not use vague or subjective terms; i.e. define what is meant by “improve” (improve from __to__).


Jamal knows many mechanical rules. He correctly capitalizes and uses appropriate ending punctuation for all of his sentences. However, in a recent writing sample, he was unable to spell sight words such as “could” and “respect” as well as many of the shorter words (five letters or less). Due to his written expression difficulties, he will need to continue work on spelling.

Martin’s intellectual abilities fall within the average to low average range. His memorization and processing speed were relatively strong, compared to lower reasoning and conceptual thinking skills. Classroom teachers noted that Martin is turning in assignments on time, responds well to redirection and is beginning to positively interact with peers. Martin has had seven behavioral incidents this school year compared to sixteen during the last school year. Five of these incidents were due to peer conflict and three of those led to disruptive behavior and his removal from the classroom. Although the severity of behavioral incidents has decreased, negative peer interactions are keeping Martin out of class, preventing him from focusing in class and thus result in him falling behind in academics.


Jamal is presently a 10th grade student. Last year his grades were mostly A’s and B’s. He struggles with writing and spelling.

Martin has a Full Scale IQ score of 86. He did not meet expectations on his MCA Reading or Math scores. Martin has many behavior incidents, although the severity of the incidents has lessened.




4.3.2 Short and Long Term Goals and Objectives

A - The IEP includes a statement of measurable annual goals, including academic and functional goals designed to – Meet the child’s needs that result from the child’s disability to enable the child to be involved in and progress in the general curriculum.

34 C.F.R. § 300.320(a)(2)(i)

Points of Clarification: Goals must:

o Be measurable, including a clear starting level/baseline and an ending level The starting level/baseline may be documented in the PLAAFP. Measurability could be found in the objectives.

o Be accomplished in one year Using “age appropriate” and “grade level” are not measurable unless the IEP clearly describes what

this means. Examples for describing grade level may include specific curriculum used by the district or

Lexile measures that can be reviewed in order to understand the student level and ascertain the baseline or starting point.

Annual goals that relate to attendance, passing state assessments, earning passing grades and/or earning credits for graduation are goals of all students and are not considered specialized instruction.

If these areas warrant discussion, the IEP Team should include annual goals that will address the issues impacting attendance, grades, etc. If the student has trouble in these areas and it is related to the disability, ask the question, what causes the problem? Goals can address the reason why students may be failing or missing school, but attending school cannot be the goal itself. When reviewing an IEP to determine if the LRE explanation is in compliance, ask the following three

questions: o Does the LRE clearly describe why the nature and severity of the child’s disability is such that

he/she must be removed from general education to receive services? o Does the IEP describe what the child is missing with general education peers when pulled for

direct special education services in the special education setting? o Does the LRE match the service grid information?


Tori will decrease her verbal outbursts (yelling, arguing or crying) that cause the teacher to stop instruction from an average of 3 per hour to 2 or less per day.

When given a 3-paragraph writing assignment, Martha will include a topic sentence and at least 3 supporting details and progress from 50% to 85% accuracy in writing mechanics.

Muna will increase her ability to decode from a level of not recognizing all letters to a level of sounding out simple words and reading simple sight words. - Objective 1: Given a set of randomly presented upper and lower case letters of the alphabet, Muna will identify 52 of 52 letters on 2 consecutively charted trials by June 2012. - Objective 2: Given randomly presented letters of the alphabet, Muna will produce 26 of 26 letter sounds on 2 consecutively charted trials by June 2012..


Tori will pay attention and not disrupt the class. Martha will pass the statewide assessment for writing. Muna will increase her ability to decode from a level of not recognizing letters to sounding out simple

words. - Objective 1: Given a set of randomly presented letters, Muna will be able to identify the letters. - Objective 2: Given a set of mixed sight words, Muna will read them by the end of the year.

+ B - A statement of measurable annual goals, including academic and functional goals designed to--Meet the child’s needs that result from the child’s disability to enable the child to be involved in and make progress in the general education curriculum.

34 C.F.R. § 300.320(a)(2)(i)(A)


C - The IEP includes a statement of measurable annual goals, including academic and functional goals designed to-- Meet each of the child's other education needs that result from the child's disability.

34 C.F.R. § 300.320(a)(2)(i)(B)

Points of Clarification: Be accomplishable in one year. The measurable academic and functional annual goals must meet all of the student’s needs that result

from his or her disability as documented in the most recent ER and IEP. The measurable post-secondary goals will drive the annual goals and transition activities. Measurable annual academic and functional goals drive the services in the IEP for transition age

students.

D - The IEP includes a statement of measurable annual goals, including benchmarks and short-term objectives…..

Minn. R. 3525.2810, Subp. 1 (A)(2)

Points of Clarification: Include at least 2 short-term objectives which are used to demonstrate that the child is making

progress toward the goal.



4.3.3 Least Restrictive Environment

The IEP includes an explanation to the extent, if any, to which the child will not participate with nondisabled children in the regular class and in extracurricular and nonacademic activities.

34 C.F.R. § 300.320(a)(5)

Each district must ensure that to the maximum extend appropriate, children with disabilities… are educated with children who are nondisabled and that 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 aides and services cannot be achieved satisfactorily.

34 C.F.R. § 300.114(a)(2) .


When reviewing an IEP to determine if the LRE explanation is in compliance, ask the following three questions: -Does the LRE clearly describe the necessity of the restrictiveness of a placement outside of general education, based on the nature and severity of the student’s disability? (WHY?) -Does the IEP describe what the student is missing when not participating with nondisabled peers in the general education class? (WHAT is child missing?) -Does the LRE match the service grid information?


Ricky needs intensive social skills instruction and practice in a small group situation in order to improve his ability to resolve conflict and cooperate with peers. He will receive this instruction from the social worker and EBD teacher during his study hall.

Due to Amanda’s significant information processing deficits in the areas of auditory acquisition and organization related to sequencing words, she needs small group reading instruction with repeated directions in multiple formats. Therefore, she will be removed from general education reading to receive this instruction.


Ricky will spend no less than 79% of his school day in a general education setting with his peers. He will receive the majority of his special education services in the general education setting.




4.3.4 Special Education and Related Services

Points of Clarification: Each service, aid, and modification to be provided to the child, or on behalf of the child, must be clearly and

specifically described in the IEP. The services, aids, and modifications described in the IEP must be sufficient in frequency and duration to

address the child’s educational needs and annual goal(s). If any of the special education and related services, supplementary aids and services, program modifications

or supports for school personnel that will be provided are only needed in a specific situation or under certain circumstances, the conditions under which they are needed must be clearly documented.

o Using phrases such as “as needed,” “may need,” “when necessary,” or “and/or” in the IEP are not acceptable.

A - The IEP includes a statement of special education and related services…based on the peer- reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, …

34 C.F.R. § 300.320(a)(4)


The IEP service grid documents SLD math direct instruction that is sufficient in frequency and duration to reasonably enable the student to meet math goals by the end of the year.

Nora’s IEP documents direct psychological services and annual goals related to school anxiety. Indirect psychological services (i.e. consultation from the school psychologist to special and general education teachers who work with Nora) also are documented on her IEP service grid.

Sample of Noncompliance: An IEP documents two annual goals related to identified SLD math needs, but has no corresponding

special education services to address the math goals. Nora’s IEP PLAAFP indicates she struggles with anxiety issues related to school, which in turn

significantly impacts her attendance rates. However, her IEP does not include any services to address her school anxiety needs.


B - The IEP includes a statement of… supplementary aids and services based on the peer- reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, …

34 C.F.R. § 300.320(a)(4)


Supplementary aids and services means: o Aides, services and other supports that are provided in regular education classes, other

education-related settings and in extracurricular and nonacademic settings to enable children with disabilities to be educated with non-disabled children to the maximum extent appropriate.

Examples of supplementary aids and services include: o Adapted equipment – such as a special seat or a cut-out cup for drinking; o Adapted materials – such as books on tape, large print books, or highlighted notes; o Special technology – such as a word processor, unique software, or a communication system;

training and consultation for staff, student, and/or parents on the use of supplementary aids; o Peer tutors; o An aide.

When reviewing a record in this area, the supplementary aids and services and the program modifications and supports for school personnel (to be discussed next) should align with:

o The needed additions and modifications to the child’s special education program as described in the child’s most recent ER.

o The child’s current educational needs as described in the most recent IEP PLAAFP statements, and

o The modifications to district and state-wide assessments provided to the child. Sample of Compliance:

Alita’s case manager will provide each of her regular and special education teachers with raised-line paper and ¾” foam pencil grips for her to use when completing all assignments requiring writing.


Alita may need special supplies in order to participate in classes requiring writing.


C - The IEP includes a statement of…the program modifications or supports for school personnel. 34 C.F.R. § 300.320(a)(4)


Program modifications and supports for school personnel responsible for implementing the IEP, when deemed necessary, must be documented in the IEP. It is the responsibility of the IEP team to determine what types of program modifications are necessary to support staff and to specify these in the IEP.

Examples might include: o Attending a conference or training related to the child’s needs or disability o Getting assistance or consultation from another staff member or administrative person, o Having an aide in the classroom, or o Getting special equipment or teaching materials.

A modification is a change in what is being taught to or expected from the student. Shortening an assignment so the student is not doing the same amount of work as other students is an example of a modification.

The IEP must clearly describe any program modifications that staff must provide to the child

Program modifications may be documented as indirect services such as consultation or training, or

A list or description of specific program modifications staff must provide in order to support the student’s advancement toward the annual goals and participation with general educations.


Steve may access the resource room for the last half of his regular education math class if he is expressing difficulty in understanding the assignment despite clarification from the regular education teacher. Resource room staff will provide written directions and relevant math manipulatives to reinforce understanding.

Tyrone will receive a copy of teachers’ notes for reading and math classes. He will receive extra time to complete all assignments requiring writing more than one paragraph. For writing assignments longer than one page, he may use the classroom or school library computer to complete.

An IEP of a hearing-impaired child who is using a new FM system in each of his classes documents indirect services and training on the device to the teachers working with the child.


Steve may access the resource room for completing math assignments as needed.

Tyrone will be allowed assignment modifications as necessary in classes requiring reading, math and written expression.

An IEP of a hearing-impaired child who is using a new Frequency Modulated system (for amplifying sound) in each of his classes lacks documentation of training or instruction to his teachers as to how to use or monitor the system.


D - The IEP includes a statement of the pupil's need for and the specific responsibilities of a paraprofessional. Minn. R. 3525.2810, Subp. 1(A)(10)

Points of Clarification:.

The paraprofessional must be informed of his/her specific responsibilities related to implementing the child’s IEP.

Remember to include frequency, location, and duration of the paraprofessional’s services on the IEP.


Dan will receive paraprofessional support in each of his regular education classes due to his significant behavioral needs in the areas of self-regulation. The paraprofessional will provide verbal behavioral redirection, visual calming cues in the form of picture cards provided by the special education teacher, and sensory breaks every 45 minutes to reduce his stressful reaction when over-stimulated.


Dan needs paraprofessional support due to his lack of impulse control and understanding of nonverbal social cues and physical proximity to others.

E - The IEP Team must consider whether the child needs assistive technology devices and services. 34 C.F.R. § 300.324(a)(2)(v)


Make sure to consider both high technology (FM system) and low technology (pencil grips) in order to include all possibilities for students.

Assistive technology should align with modifications and accommodations to be used with the student.

IEP form checkboxes for "adaptive equipment" don't provide adequate information. AT isn't the same as adaptive equipment, and you need to list specifics.

F – The objective of any behavioral intervention must be that pupils a behavioral intervention must be that pupils acquire appropriate behaviors and skills. It is critical that behavioral intervention programs focus on skills acquisition rather than merely behavior reduction or elimination.

Minn. R. 3525.0850 34 C.F.R. 300.324(a)(2)(i)


PLAAFP statement related to behavior: Adrian leaves the classroom abruptly and without permission. Positive Alternative Behaviors: Adrian will identify when he is feeling so anxious he has to leave the

room. When he has identified the feelings, he will signal the teacher with a red card. The teacher will call a paraprofessional. Adrian and the paraprofessional will walk to the resource room and practice calm breathing techniques and then come up with a plan to address the anxiety. Adrian will tell the paraprofessional the plan and she will write it down.

Sample of Noncompliance: The IEP and BIP in the student’s file do not document behavioral skill acquisition to be taught in

response to behavior needs documented in the PLAAFP statement and discipline reports found in the file.

Need: The student has difficulty staying on-task and shuts down when we becomes frustrated when doing tasks.

Positive Alternative Behaviors: The student will hand in his work on time with 80% accuracy as documented in student file.




4.3.5 When IEP Must Be In Effect

A - The IEP includes the projected date for the beginning of the services and modifications. 34 C.F.R. § 300.320(a)(7)


The projected start date must be included for each special education and related service, program modification, and support for school personnel that will be provided to the child to enable him/her to:

o To advance appropriately toward his/her annual goals, and o To be involved in and make progress in the general curriculum, extracurricular and other

nonacademic activities.

B - The IEP includes the anticipated frequency, location, and duration of those services and modifications. 34 C.F.R. § 300.320(a)(7)


The amount of time committed to each service and the location in which the service(s) will be provided must be specific and clearly stated in the IEP so that the district’s commitment of resources can be understood by the parents, IEP team and all school personnel responsible for implementing the child’s IEP.

The amount of time the student is receiving direct special education and related services in the special education setting should correlate with the LRE explanation as described in the IEP.


Special Education & related services

Start Date Frequency Minutes per session

Location Anticipated Duration

SLD Math SLD Math

9/1/11 9/1/11

5x/week 5x/week

25 min. 25 min.

Spec Ed Gen Ed

1 year 1 year

Sample of Noncompliance: Special Education &

related services Start Date Frequency Minutes per

session Location Anticipated

Duration

SLD Math 9/1/11 5x/week 50 min. Special Ed & Gen Ed

1 year

Special Education &

related services Start Date Frequency Minutes per

session Location Anticipated

Duration

SLD SLD

9/1/11 9/1/11

5x/week 5x/week

55 min. 55 min.

Spec Ed Spec Ed

1 year 1 year

Specify the service (i.e. math)




4.3.6 Review and Revision of IEP (ESY) Points of Clarification:

“ESY” refers to special education services that are provided to a child with a disability beyond the normal school year of the district, in accordance with the child’s IEP, and at no cost to the parents of the child.

School districts are required to provide ESY services to a child if the IEP team determines the services are necessary during a break in instruction in order to provide a Free Appropriate Public Education (FAPE).

Sources of information for IEP team determination. - Prior to observation of the student’s regression and recoupment over the summer. - Observation of the student’s tendency to regress over extended breaks in instruction. - Experience with other pupils with similar instructional needs. Minn. R. 3525.0755, subp. 4(A), (B) and (C)

Other factors to consider:

Student’s progress and maintenance of skills during the regular school year

Student’s degree of impairment

Student’s rate of progress

Student’s behavioral and physical problems

Availability of alternative resources

Student’s ability and need to interact with nondisabled peers

Areas of the student’s curriculum which need continuous attention

Student’s vocational needs

A - The IEP team must determine a pupil is in need of ESY services if there will be significant regression of a skill or acquired knowledge from the pupil's level of performance on an annual goal that requires more than the length of the break in instruction to recoup unless the IEP team determines a shorter time for recoupment is more appropriate.

Minn. R. 3525.0755, Subp. 3(A)


“Level of performance” refers to a child’s progress toward annual IEP goals immediately prior to a break in instruction as seen in the progress measurements.

“Regression” refers to the significant decline in the performance of a skill or acquired knowledge, specified in the annual goals as stated in the child’s IEP.

“Recoupment” refers to a child’s ability to regain the performance of a skill or acquired knowledge to approximately the same level of performance just prior to the break in instruction.


The IEP documents ESY needs in the area of math skills, based on progress measurements taken prior to and after an instructional break. The IEP also includes the appropriate frequency, duration and location of ESY services to adequately address the child’s math needs.


The IEP indicates ESY services are not needed despite progress reports in the file that document a significant regression and subsequent significant recoupment time in reading skills that occurred over a holiday break.


B - The IEP team must determine a pupil is in need of ESY services if services are necessary for the pupil to attain and maintain self-sufficiency because of the critical nature of the skill addressed by an annual goal, the pupil's age and level of development, and the timeliness for teaching the skill.

Minn. R. 3525.0755, Subp. 3(B)


“Self-sufficiency” refers to the functional skills necessary for a pupil to achieve a reasonable degree of personal independence as typically identified in the annual IEP goals for a child requiring a functional curriculum.

Self-sufficiency needs may apply to any disability category.

To attain self-sufficiency, a pupil must maintain skills consistent with the child’s IEP goals in any of these skill areas:

o Basic self-help, including toileting, eating, feeding, and dressing; o Muscular control; o Physical mobility; o Impulse control; o Personal hygiene; o Development of stable relationships with peers and adults; o Basic communication; or o Functional academic competency, including basic reading and writing skills, concepts of time

and money, and numerical or temporal relationships Sample of Compliance:

The IEP described above includes data collected on progress on self-sufficiency goals prior to and after summer break. The documented progress is sufficient to demonstrate that the student is maintaining needed skills and the IEP documents no ESY services are needed this year.


And IEP written in spring indicates “more data needed” to determine if ESY services are necessary based on self-sufficiency needs. When reviewing file in the fall, no additional data or team decision regarding ESY is documented in the file.

C - The IEP team must determine, given the pupil's unique needs, that ESY services are necessary to ensure the pupil receives a free appropriate public education.

Minn. R. 3525.0755, Subp. 3(C)


This statement allows that an IEP Team may determine ESY services are necessary, based on the unique needs of the child, for reasons OTHER than a significant regression in skill or knowledge or self-sufficiency needs.

The “unique needs” under which ESY services are based must be documented in the special education file.

You will need to choose IN Compliance or NOT in compliance for this citation. If the area is not in compliance, check the most appropriate sub-item related to the non-compliance.

The file may be considered in compliance in this area if the only documentation on ESY need is a box check “yes,” “No” or “more data needed” provided that there is not documentation in the file to demonstrate the “yes” or “no” box checked is inaccurate based on data or in the case of “more data needed” if the file lacks documentation of data collected in a timely manner in order to make an ESY determination.


Unknown




4.3.7 Progress Reporting

A - The IEP includes a description of how the child's progress toward meeting the annual goals will be measured.

34 C.F.R. § 300.320(a)(3)(i)


Juan’s progress will be measured through daily work, teacher observation, and teacher checklists.


IEP does not include any information on how goals will be measured.

IEP states that the goals will be “as measured by the special education teacher.”

Goal page: Checklist or observation – not “special education teacher”

B - The IEP includes a statement of when periodic reports on the progress the child is making toward meeting the annual goals (such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards) will be provided.

34 C.F.R. § 300.320(a)(3)(ii)


Compare the method and frequency of general education report cards to the number and frequency of progress reports for special education. Progress for children with a disability should be shared with parents at least as often as children who do not have a disability. (Page 1 of the IEP statement on Progress Reporting)

C - The IEP includes a statement of how the pupil's parents will be regularly informed by such means as periodic report cards, at least as often as parents are informed of their nondisabled student's progress;

Minn. R. 3525.2810, Subp. 1(A)(9)


IEP must clearly indicate the number of each method of progress reporting to inform parents. Do not use phrases such as “and/or” when sharing methods.


Progress will be given quarterly, with 3 written reports and 1 conference.

Progress will be reported in writing 5 times per year, as with general education students, and once orally during the annual IEP meeting


Progress will be reported 4 times per year through conferences, phone calls, and/or written reports.

Report cards and semester reports

Page 1 of IEP: Frequency in progress reporting statement


D – The IEP includes a statement of the extent to which that progress is sufficient to enable the pupil to achieve the goals by the end of the year.

Minn. R. 3525.2810, Subp. 1(A)(9)


No matter what the method, documentation must be in the file to show all required components of a written progress report including:

o Date o Progress on goals and objectives o The extent to which progress is sufficient for the child to meet the goal by the end of the year.


Report does not determine that this progress is sufficient for the child to achieve the goal by the end of the year.

Sample of Compliance: o Katie practices timed reading passages 3 days a week 3/5 trials. She is timed on the fourth

and fifth day. She is reading with 30% accuracy and scored 45 words correct per minute. Given strategies and practice, she states the sound in each word with 100% in 3/5 trials. Given 50 basic sight words, Katie can read the words in context with 70% accuracy in 4/5 trials.

Progress Report: Check box for either: Adequate Progress, Insufficient Progress, or Goal Met

E – The IEP includes a statement of the pupil’s progress towards the annual goals. Points of Clarification:

Documentation should include the progress the child is making on addressing the goals and objectives. Checking off “adequate progress” for extent of progress does not give enough information.

Phone log which includes when parents were contacted, but does not include information on what was discussed during the conversation.

The number of Progress Reports must be the same as general education but not necessary to have progress reported at the exact same time.

Actual Progress Report: Progress Notes



4.3.9 Secondary Transition

A - There is evidence that the measurable postsecondary goal(s) were based on age-appropriate transition assessment(s).

34 C.F.R. § 300.320(b)(1)


Postsecondary goals must be based on at least two age-appropriate transition assessments. Assessments may be formal or informal.

o If only one assessment is documented in the ER, or either of the two assessments are not age-appropriate, this sub-item is not in compliance and must be cited.

o Verification in the evaluation report of PWN for the evaluation.

At least two types of assessments


B - There must be appropriate measurable postsecondary goal(s) that cover education or training, employment, and, where appropriate, independent living skills.

34 C.F.R. § 300.320(b)(1)


A postsecondary goal is an outcome that occurs after the child leaves high school.

Postsecondary goals must be measurable and stated in such a way that the extent to which the child has achieved the goal can be determined. Post secondary goals must indicated what a child “will” do after high school.

- Use of the words “hopes to” or “plans to” when stating a postsecondary goal are not acceptable.

Post secondary goals must be updated annually, if necessary, on the IEP.

The IEP must document postsecondary goals in the areas of education/training AND employment whether or not the child’s skill levels related to education/training or employment are age appropriate.

The only area in which an IEP team may determine whether or not postsecondary goals are necessary for the child to receive FAPE, is the area of independent living skills.

Failure to define post-secondary goals likely will impact the adequacy of the rest of the transition requirements


After high school, Mia will work part-time as an assistant hair stylist at a beauty salon.

Jamal will obtain a full-time position at a landscaping business after high school.

After graduation, Jamal will attend the Job Corps Center full-time and successfully complete their culinary arts program to obtain a Culinary Arts Certificate.

After high school, Kerry will be a BMX bike racer, work in construction, or be an attorney. Sample of Noncompliance:

After high school, Mia is unsure of what she would like to do as a profession.

Jamal plans to improve his knowledge of employment by finding three area businesses he could apply at.

Jamal is interested in pursuing a two-year degree.

After high school, Kerry will assist his brother in his welding business, focusing on improving BMX bike frames.

“Will” statement, full-time or part-time (If this is cited, all of the remaining are cited)

C - Transition services include courses of study that focus on improving the academic and functional achievement of the child to facilitate their movement from school to post-school.

34 C.F.R. § 300.320(b)(2)


“Courses of Study” are defined as a multi-year description of coursework to achieve the child’s desired post-school goals, which minimally includes the student’s current academic year through the following academic year (2 years of courses of study).

Courses of study are the projection of future coursework, updated annually.

Courses of study include specific classes (functional or academic), vocational/technical classes, job shadowing or work-based learning, and instruction in daily living and/or community participation skills.

Courses of study are not just a list of classes needed to graduate. They should demonstrate a correlation to and a support of the child’s measurable postsecondary goals.

The courses of study for a child with a moderate or severe disability may be described by course content area, i.e. “mobility,” “self-advocacy,” “personal relationships,” but it is not acceptable to merely state “functional living classes.”


School Year Grade Level Courses of Study

2011-2012 9 Family & Consumer Science (FACS), Business Basics, Basic Geometry, English I, Current Events

2012-2013 10 FACS II, Business Math, Employability Skills, English II, World Culture

2013-2014 11 Advanced FACS, Accounting, Business Communications & Writing, Social Studies, Job Shadow

2014-2015 12 Advanced Cooking, Computer Applications, Writing for Businesses, Work-Based Learning.

At least two years/linked to goals


D - There is/are annual IEP goal(s) that will reasonably enable the child to meet the postsecondary goal(s). 34 C.F.R. § 300.320(a)(2)


The post-secondary goal(s) drive the annual transition goals. Annual transition goals are the yearly “steps” designed to enable the child to achieve their post-secondary goals.

Annual transition goals must reasonably enable the child to meet their post-secondary goal(s) by the end of high school

There must be at least one annual goal for each post-secondary goal.

Annual transition goals must be updated yearly.

Annual transition goals may address transition and academic or functional needs at the same time. o For example, a child who has academic needs related to spelling and written expression and

a corresponding transition need of completing a college application form and essay may have one annual goal that covers both needs in his/her IEP.


Jamal will improve his self-advocacy skills from his current level of being able to name his disability (SLD) to being able to describe his academic strengths and weaknesses, including his needed modifications and adaptations in the educational environment 100% of the time when asked.

Paul will improve his ability to understand the metro bus system from his current level of not understanding how to use the bus schedule to being able to correctly respond to questions and scenarios relating to bus schedule maps and schedule times with 90% accuracy.

Samples of Noncompliance:

Jamal will improve his self-advocacy skills.

Paul will be able to understand and use the public bus schedules.

IEP goals will help meet post-secondary goals


E - Transition services in the IEP that focus on improving the academic and functional achievement of the child to facilitate their movement from school to post-school.

34 C.F.R. § 300.43(a)(1)

Point of Clarification:

Transition services must specifically address the annual goals designed to assist the child in meeting his/her postsecondary goals.

Transition services must meet the definition of a “results-oriented process that facilitates the child’s movement from school to post-school activities including

o Postsecondary education, o Vocational education, o Integrated employment (including supported employment), o Continuing and adult education, o Adults services, o Independent living, or o Community participation.”

Consider three questions: o What experiences must the student participate in this academic year that are necessary for

achieving the identified post-secondary goals? o What services and specific instruction are essential this year for the student to develop skills

and knowledge to attain their post-secondary goals? o Do we know enough about this student’s vocational skills to identify an appropriate post-

secondary employment goal or design activities to support the identified goal?

Transition services are based on the child’s needs, taking into account their strengths, preferences and interests and include:

o Specialized instruction, o Related services, o Courses of study, o Community experiences, o The development of employment and other post-school adult living objectives, and o If appropriate, the acquisition of daily living skills and the provision of a functional vocational

evaluation.

If a functional vocational assessment is a needed transition service or activity, the IEP must include this documentation.

o A functional vocational assessment is an assessment that determines a child’s strengths, abilities, and needs in an actual or simulated work setting or in real work experiences.

o For example, an IEP may document the transition activity of a referral to Vocational Rehabilitation (VR) fro non-verbal, modified assessments of adaptive behavior, career interest, and career skills. IN this case, the child’s file must contain a signed parent consent from indicating that the district may contact VR services to make the referral.


The consumer math teacher will provide Howard with direct instruction in real world application of practical math skills, including creating a budget, understanding taxes, balancing a checking account, and determining interest charges on credit cards in order to live independently in the community.


Independent Living Needs: Howard is 16 and receives services for a severe math discrepancy. He’d like to live on his own someday in a nice condo downtown. With a fast car.

Transition Goal Service Provider

Get a job that pays well Howard will learn about jobs he likes an dhow to live on his own. Howard’s parents

Transition services


Unknown




.2.6 Failure to Provide Transition Services

If a participating agency, other than the public agency, fails to provide the transition services described in the IEP ..., the public agency must reconvene the IEP Team to identify alternative strategies to meet the transition objectives for the child set out in the IEP.

If the participating agency does not attend the IEP meeting, the district is no longer required to take other steps to obtain participation of an agency in the planning of any transition services; however, the district is then required to reconvene the IEP Team to identify alternative strategies to meet the transition objectives for the child set out in the IEP.

o Cite the file in this area if the file lacks documentation to indicate the IEP Team reconvened after a participating transition agency did not attend the necessary IEP meeting.

34 CFR § 300.324(c)(1)

4.3.11 Modification of Assessment

A - The IEP includes a statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on State and district-wide assessment of student achievement. 34 C.F.R. § 300.320(a)(6)(i)


Daily modifications and adaptations on child’s IEP should be considered and included for assessments. Modifications for assessments and daily education should align.

o

B - If the IEP Team determines that the child must take an alternative assessment instead of a particular State or district-wide assessment of student achievement, a statement of why the child cannot participate in the regular assessment; and the particular assessment selected is appropriate for the child.

34 C.F.R. § 300.320(a)(6)(ii)


The IEP must have a statement for why the child will not participate in assessments and what alternate assessment they will take.


Michael will take his assessments in a small group setting. He will be given 10 minute breaks every 45 minutes. He may also repeat directions back to the proctor for reassurance of comprehension and having heard the needed material. He will have instructions and questions read to him. Except for portions of the test that require the student to read.

Debbie will not participate in the MCA-II because her level of instruction does not correspond with the content of the assessments. Debbie has limited response mode. She will participate in the Minnesota Test of Alternative Standards (MTAS) assessment.


Unknown



4.3.6 Review and Revision of IEP for Students in Public School


An IEP team must ensure that the child’s IEP is reviewed periodically, but not less than annually, to determine whether the annual goals for the child are being achieved.

A - The IEP Team revises the IEP, as appropriate, to address any lack of expected progress toward the annual goals and in the general education curriculum, if appropriate.

34 C.F.R. § 300.324(b)(1)(ii)(A)


B - The IEP Team revises the IEP, as appropriate, to address the results of any reevaluation conducted.

34 C.F.R. § 300.324(b)(1)(ii)(B)

C - The IEP Team revises the IEP, as appropriate, to address information about the child provided to, or by, the parents.

34 C.F.R. § 300.324(b)(1)(ii)(C)


While reviewing the record, note documentation in the child’s file, such as most recent ER or outside evaluation provided by the parents, that wasn’t addressed. Determine if something was missed or factors not considered within the IEP.

Review or revision may be requested by parent or district in order to address new information regarding the child.

D - The IEP Team revises the IEP, as appropriate, to address the child's anticipated needs; or other matters. Points of Clarification:

Remember that special factors for behavior needs, language needs for children with limited English proficiency, Braille instruction and communication needs of deaf and hard of hearing children and assistive technology must be considered by the IEP team and addressed in the IEP.

34 C.F.R. § 300.324(b)(1)(ii)(D).; 34 C.F.R. § 300.324(b)(1)(ii)(E)



4.4.1 Transfer Students

A - If a child with a disability (who had an IEP that was in effect in a previous public agency in the same State) transfers to a new public agency in the same State, and enrolls in a new school within the same school year, the new public agency (in consultation with the parents) must provide FAPE to the child (including services comparable to those described in the child's IEP from the previous public agency), until the new public agency either adopts the IEP from the previous public agency; or develops, adopts, and implements a new IEP.

34 C.F.R. § 300.323(e)


“Comparable services” refers to similar or equivalent services, as determined by the child’s newly designated IEP Team in the new district.

If the previous agency forwards an IEP that is unspecific or not in compliance with legal standards, the new school district should conduct an IEP meeting to develop, adopt, and implement a new and legally adequate IEP as soon as possible.

Therefore, if the new district adopts the prior district’s IEP that is not legally adequate, the file would be cited in this are.

B - If a child with a disability (who had an IEP that was in effect in a previous public agency in another State) transfers to a new public agency in a new State, and enrolls in a new school within the same school year, the new public agency (in consultation with the parents) must provide the child with FAPE (including services comparable to those described in the child's IEP from the previous public agency) and conducts an evaluation if determined to be necessary by the new public agency.

34 C.F.R. § 300.323(f)(1)


The new MN IEP team must document their determination of whether a new evaluation of the child is necessary (to determine whether the child is a child with a disability under MN criteria and to determine the educational needs of the child) or they must document that the previous state’s ER documented eligibility under MN criteria and a new evaluation is not necessary.

If the district determines that a new evaluation is necessary, the evaluation is considered an initial evaluation and not a reevaluation. PWN and parental consent is required.


C - The new public agency develops, adopts, and implements a new IEP, if appropriate, that meets the applicable requirements.

34 C.F.R. § 300.323(f)(2)


The purpose of this is to avoid a disruption in services. The provision of comparable services by the MN district is not a proposal or refusal to a change in services, placement, identification, or provision of FAPE and accordingly does not require prior written notice or a 14 calendar-day notice period.

If the MN district conducts an initial evaluation and proposes an IEP consistent with federal and state law and the parent consents to the newly-proposed IEP, the district’s obligation to provide comparable services based on the prior district’s IEP ends with the implementation of the new IEP.



4.14.3 Additional Required Content for IFSP

A - With the concurrence of family, the IFSP must include a statement of the family's resources, priorities, and concerns related to enhancing the development of the child... based on the family assessment.

34 C.F.R. § 303.344(b)

B - For a child who may be eligible for Part B special education services, the service coordinator must, with the approval of the family of the child, convene a conference between the family, the local educational agency, and community-based service providers to discuss services that the child may receive. The conference must be held not less than 90 days, and, at the discretion of all the parties, not more than nine months, before the child is eligible for the preschool services.

Minn. R. 3525.1350, Subp. 5(A)

Transition Conference: 2 yrs, 3 mos to 2 yrs, 9 mos

C - The IFSP must include a statement of the payment arrangements, if any, for each early intervention service.

34 C.F.R. § 303.344(d)(1)(iv)

Signatures if anyone other than education



4.17 Interim IFSP (if IFSP is serving as student’s IEP)

A - Early intervention services for an eligible child and the child's family may commence before the completion of the evaluation and assessment, if parental consent is obtained.

34 C.F.R. § 303.345(a)

B - Early intervention services for an eligible child and the child's family may commence before the completion of the evaluation and assessment if an interim IFSP is developed that includes-- (1) the name of the service coordinator who will be responsible for implementation of the interim IFSP and coordination with other agencies and persons; and (2) the early intervention services that have been determined to be needed immediately by the child and the child's family.

34 C.F.R. § 303.345(b)

C - Early intervention services for an eligible child and the child's family may commence before the completion of the evaluation and assessment, if the evaluation and assessment are completed within the time period required, except under exceptional circumstances as provided in Sec. 303.322(e)(2).

34 C.F.R. § 303.345(c)







15.3.1 Manifestation Determination

A - Within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct, the LEA, the parent, and relevant members of the child's IEP Team (as determined by the parent and the LEA) must review all relevant information in the student's file, including the child's IEP, and teacher observations, and any relevant information provided by the parents.

34 C.F.R. § 300.530(e)(1)

B - The conduct must be determined to be a manifestation of the child's disability if the LEA, the parent, and the relevant members of the child's IEP Team determine that the conduct in question was caused by, or had a direct or substantial relationship to, the child's disability, or the conduct in question was the direct result of the LEA's failure to implement the IEP.

34 C.F.R. § 300.530(e)(2)

C - If the LEA, the parent, and the relevant members of the IEP Team make the determination that the conduct was a manifestation of the child's disability, the IEP Team must, either, conduct a functional behavior assessment, unless the LEA had conducted a functional behavior assessment before the behavior that resulted in the change of placement occurred, and implement a behavioral intervention plan for the child;

34 C.F.R. § 300.530(f)(1)(i)

D - If a behavioral intervention plan already has been developed, review the behavioral intervention plan, and modify it, as necessary, to address the behavior.

34 C.F.R. § 300.530(f)(1)(ii)



15.9 Protections for Students Not Yet Eligible

A child who had not been determined to be eligible for special education and related services under this part and who has engaged in behavior that violated a code of student conduct, may assert any of the protections provided for in this part if the public agency had knowledge (as determined in accordance with paragraph (b) of this section) that the child was a child with a disability before the behavior that precipitated the disciplinary action occurred.

34 C.F.R. § 300.534(a)



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