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Individualized education program (IEP) planning and individualized family service plan (IFSP) planning are the processes of determining, based on assessment data, a child’s or student’s educational needs and then completing a written statement, such as an IEP or IFSP, that is developed, reviewed, and revised by a team of individuals. The team must consist of the required individuals as specified in state and federal law.
Each IEP or IFSP describes the educational program designed by the team to meet the child’s or student’s unique needs and must contain specific information about the child or student, as required by state and federal law. The district has a responsibility to ensure an IEP or IFSP is in effect for each eligible child or student; and is implemented as soon as possible after the team meeting; and is reviewed periodically, but not less than annually, to determine whether the annual goals for the child or student are being achieved. The district must also provide special education and related services to an eligible child or student in accordance with the IEP or IFSP, and make a good faith effort to the assist the child or student to achieve the goals and objectives listed in the IEP or IFSP.
A district must include in its comprehensive, documented TSES plan a description of its method for providing special education services for identified students, including a description of the full range of available educational services, sites available where services may occur, and available instruction and related services.
MN Rule 3525.1100, subp. 2(B).
Through their Interagency Early Intervention Committees, ASEC districts are required to develop and implement policies and procedures related to development of IFSPs and IEPs, and transitional plans. These policies and procedures are documented in this chapter of the TSES plan.
Each ASEC district must develop a policy that describes the district's procedures for implementing the use of conditional interventions with pupils. The policy is included in this chapter of the TSES plan.
The District, in providing for the education of children with disabilities within its jurisdiction, must have in effect policies, procedures, and programs that are consistent with the State policies and procedures established under 300.101 through 300.163, and 300.165 through 300.174.
34 C.F.R. 300201
As used in parts 3525.0210 to 3525.4770, the terms defined in this part have the meanings given them.
"Individualized education program" or "IEP" means a written statement for each pupil that is developed, reviewed, and revised in a meeting in accordance with this part
MN Rule 3525.2810, subp.1(A)
"Individualized family service plan" or "IFSP" means a written plan for providing services to a pupil and the pupil's family through interagency agreements. Procedural and program requirements for the IEP also apply to the educational components of the IFSP.
MN Rule 3525.0210, subp. 28
Individualized education program team or IEP Team means a group of individuals described in 300.321 that is responsible for developing, reviewing, or revising an IEP for a child with a disability.
34 C.F.R 300.23
In determining the educational placement of a child with a disability, including a preschool child with a disability, each public agency shall ensure that:
a. the placement decision is made by a group of persons, including the parents, and other persons knowledgeable about the child, the meaning of the valuation data, and the placement options.
34.C.F.R. 300.116(a)
The district shall assign a teacher or licensed related service staff who is a member of the pupil's IEP team as the pupil's IEP manager to coordinate the instruction and related services for the pupil. The IEP manager's responsibility shall be to coordinate the delivery of special education services in the pupil's IEP and to serve as the primary contact for the parent. The district may assign the following responsibilities to the pupil's EP manager: assuring compliance with procedural requirements; communicating and coordinating among home, school, and other agencies; regular and special education programs; facilitating placement; and scheduling team meetings.
Minn. R. 3535.0550
The district shall designate a team of persons responsible for determining the IEP and authorizing expenditures to implement the IEP of pupils from kindergarten through age 21. The IEP team shall be composed of:
One or both of the learner’s parents (includes a legal guardian or surrogate parent);
NOTE: Parents whose rights have not been terminated but who have not been granted legal custody have the right of access to and to receive copies of important school records and the right to be informed about the pupil’s welfare, educational progress, and status and to attend school and parent-teacher conferences unless otherwise ordered by a court. The school need not hold a separate conference for each parent.
At least one special education teacher, or where appropriate, at least one special education provider who can interpret the instructional implications of evaluation results;
At least one general education teacher (if the child is, or may be participating in the general education environment). The team shall include a teacher or other representative of the general education program where the pupil is enrolled or expected to enroll or for a child of less than school age, an individual qualified by the district to teach children of that age.
The pupil, if appropriate. In cases when transition needs are being considered, the pupil must be invited to the meeting. If the pupil fails to attend, the district must implement procedures to determine the pupil’s preferences;
A representative of the district, other than the pupil’s teacher, who is qualified to provide or supervise the provision of special education services.
If the pupil is receiving special education services outside the resident district, an administrator or designee from the resident district must be invited to the meeting. If the representative from the resident district cannot attend, the providing district may use other methods to ensure participation, such as individual or conference telephone calls. The resident district may appoint a member of the providing district as its administrative designee. If a member of the providing district is appointed as designee, that appointment must be clearly indicated on the IEP;
and
Others at the discretion of the parents or district.
Multidisability Team-All Students
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. Consultation and indirect services as defined in part 3525.0210 must be provided to the general or special education teacher providing instruction if not licensed in the disability. The frequency and amount of time for specific consultation and indirect services shall be determined by the team.
MN Rule 3525.2350,subp. 3
Multidisability Team-DD Students in Grades Kindergarten and 1st
When the student who is in kindergarten or grade one and still retains eligibility under the primary disability category of developmental delay the team must include a licensed early childhood special education (ECSE) teacher. The ECSE teacher is responsible for conducting the student's evaluation and participating at team meetings when an IEP is developed, reviewed, or revised.
The ECSE teacher must provide consultation and indirect services as appropriate to the general or special education teacher providing the instruction if that teacher is not a licensed early childhood special education teacher. The frequency and amount of time for specific consultation and indirect services is determined by the IEP team.
(Per memo dated March 6, 2007 from Barbara Troolin Director MDE)
Specific Learning Disability Suspected
The determination of whether a child suspected of having a specific learning disability is a child with a disability as defined in 300.8, is made by the child's parents and a team of qualified professionals, which must include:
the child's regular teacher; or
if the child does not have a regular teacher, a regular classroom teacher qualified as a teacher of his or her age; or
for a child of less than school age, an individual qualified by the district to teach a child of his or her age; and
at least on person qualified to conduct individual diagnostic examinations of children, such as a school psychologist, speech-language pathologist, or remedial reading teacher.
34 C.F.R. 300.308(b)
Student Enrolled in a Private School
Before a district places a child with a disability in, or refers a child to, a private school or facility, the district shall initiate and conduct a meeting to develop an IEP for the child. When a child with a disability is enrolled in a parochial or other private school and receives special education or related services from a public school, a representative of the private school must be invited to each meeting. If the representative cannot attend, the district shall use other methods such as individual or conference telephone calls to ensure participation by the private school including individual or conference telephone calls. These other methods should be documented in the pupil's phone log.
Out of District Placement Considered
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.
MN Rule 3525.0800, subp 3
Secondary Transition Services Being Considered
For each pupil, the district shall conduct an evaluation of secondary transition needs and plan appropriate services to meet the pupil's transition needs. The areas of evaluation and planning must be relevant to the pupil's needs and may include work, recreation and leisure, home living, community participation, and postsecondary training and learning opportunities. To appropriately evaluate and plan for a pupil's secondary transition, additional IEP team members may be necessary and may include vocational education staff members and other community agency representatives as appropriate
MN Rule 3525.2900, subp. 4(A)
The district must invite a student with a disability to attend the student's IEP Team meeting if the purpose of the meeting is the consideration of the postsecondary goals and transition services needed to assist the student in reaching those goals. If the student does not attend the meeting, the district must ensure that the student's preferences and interests are considered and referenced on the Transition Planning page of the IEP. It is strongly advised that the student should be encouraged and prepared so that the importance of attendance at the meeting is understood by the student.
To the extent appropriate, and with the consent of the parents or student who has reached the age of majority, the district must invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services. This would generally be a representative from county social services and/or Department of Rehabilitative Services. Documentation of those agencies and services occurs on the Transition Services page of the IEP. If an agency invited to send a representative to a meeting does not do so, the district must take other steps to obtain the participation of the other agency in the planning of any transition services. If the case manager is uncertain as to what steps to take, the director or assistant director of special education should be contacted.
Initial IEP Team Meeting for Child Previously Under C
Because ECSE service providers in the ASEC districts serve children birth to Kindergarten entrance, transitioning a children from Part C, birth to age 3 services, to Part B, age 3 to 21 services, occurs in a seamless fashion. If the child will be transitioning into a preschool program the preschool teacher for the program should be invited to the meeting in order learn more about the child's special needs and meet the parents.
Each public agency must ensure that 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.R.R. 300.323 (c)(1)
In most cases, the team is encouraged to hold initial eligibility determination meetings and the IEP meetings at the same time. If holding both meetings together is not feasible, the team has an additional 30 days in which to hold the IEP meeting. The team should attempt to hold the IEP meeting as quickly as possible as a student found eligible for services can not begin services until and IEP has been written and signed by the parents.
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 to opportunity to participate, including: (1) Notifying parents of the meeting early enough to ensure that they will have an opportunity to attend; and (2) Scheduling the meeting at a mutually agreed on time and place.
34 C.F.R. 300.322(a)
Within 30 calendar days after the eligibility determination, and annually thereafter, an IEP/IIIP/IFSP meeting must be held. The IEP/IFSP manager shall contact the parent to arrange a mutually agreeable time and place for the meeting. Formal written notice should be sent to the parents prior to the meeting utilizing the Notice of a Team Meeting form. Because every effort must be made to include parents in all aspects of their child's program, it may be the most time efficient to call the parents prior sending the meeting notice to confirm a mutually convenient meeting date. If you have contacted the parents by phone and they agree to meet with less than 14 days notice, document this agreement on the Notice of a Team Meeting form. If neither parent can attend the IEP meeting, the team may involve parents through the use of individual or conference telephone calls or any other means agreeable to the parent.
When parents choose not to attend an IEP meeting, the IEP Manager must document attempts to arrange a mutually agreeable meeting time through use of contact logs, telephone calls made or attempted and the results of those calls, copies of correspondence and any responses received, and/or records of visits made to the parent’s home or place of employment and the results of those visits.
Because of time line requirements regarding notice, it is extremely critical that IEP meeting plans are made far enough in advance of the IEP due date to allow for un-foreseen delays. It would not be unreasonable to schedule IEP meetings 30 days prior to the expiration of an IEP. That means that planning should start at least 2 months before the expiration date in order to allow for:
the 14 day notice of the meeting,
possible rescheduling of the meeting,
allow10 days for writing and mailing the IEP and
14 days for the parent to review the IEP in order to meet the IEP due date.
If neither parent can attend the IEP Team meeting and the district has documented attempts to provide the opportunity for the parent to participate either through individual or conference calls, a meeting may be conducted without a parent in attendance.
After a child with a disability enters a private school or facility, any meetings to review and revise the child's IEP may be initiated and conducted by the private school or facility at the discretion of the public agency.
34 C.F.R. 300.325
If a participating agency, other than the local school district, fails to provide the transition services described in the IEP in accordance with subpart 1, item A, subitem (7), the district shall reconvene the IEP team to identify alternative strategies to meet the transition objectives for the pupil set out in that program.
MN Rule 3525.2810, subp. 4
If an emergency intervention is used twice in a month or a pupil's pattern of behavior is emerging that interferes with the achievement of the pupil's educational goals and objectives, a team meeting must be called to determine if the pupil's IEP is adequate, if additional evaluation is needed, and, if necessary, to amend the IEP. Districts may use conditional procedures in emergencies until the IEP team meets, provided the emergency measures are deemed necessary by the district to protect the individual pupil or others from harm. The IEP team shall meet as soon as possible, but no later than five school days after emergency procedures have commenced. District administration and parents must be notified immediately when a regulated procedure is used in an emergency situation.
MN Rule 3525.2900, subp. 5(C)
Best practice would suggest that anytime a student's behavior is escalating to the point that interventions such as frequent removal from the classroom, physical restraint, or locked time-out that the staff clearly document each incident. The building principal must be notified within a reasonable time and the case manager should notify the special education director in order to assure that due process procedures are being followed.
A Functional Behavior Assessment (FBA) and/or development a Behavior Intervention Plan (BIP) if one has not been developed should be considered when reviewing a student's IEP should the student's behavior require such interventions.
A frequent frustration for case mangers is the scheduling of a meeting that is convenient for all participants. Staff are encouraged to consider a variety of options such as video conferences and conference calls. At no time should meeting be delayed past the due date without considering alternative options to a traditional face-to-face meeting.
A member of the IEP team described in paragraphs (a)(2) through (a)(t) of this section 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 the member is not necessary because the member's area of the curriculum or related services is not being modified or discussed in the meeting.
A member of the IEP Team described in paragraph (e)(1) of this section may be excused from attending an IEP Team meeting, in whole or in part, when the meeting involves a modification to or discussion of the member's area of the curriculum or related services, if:
The parent, in writing, and the public agency consent to the excusal; and
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)
Although there is still confusion as to how this Regulation should be interpreted, it is the present interpretation of the ASEC that the IEP Team consists of the following members: the parents, a regular education teacher, a special education teacher, a district representative and the student, when appropriate. The question has been frequency asked regarding which teachers, especially at the high school level, should be included on the Notice of a Team Meeting. In some coop districts, it is the district policy to require all teachers to attend IEP meetings. If the district policy requires all teachers serving the student to attend, all teachers could be listed on the Notice of a Team Meeting. In other districts, team membership is left up to the team to determine. Case managers should contact their building administrator if they are unsure of their district policy. Whatever the policy, the parent must give written consent for the absence of a person listed on the Notice of a Team Meeting.
If it is known ahead of time that certain teachers will not be available, it is courteous to inform the parent of those names. Should the parent feel it is important for that teacher or teachers to attend, another date and time can be arranged. Those teachers not in attendance should be provided enough notice so that they may prepare a written narrative of the student's strengths and weaknesses in their classroom and provide input into the development of the IEP.
Common sense should prevail when determining what regular education teacher or teachers should be invited when there are multiple regular education teachers serving the student. Consideration should be given to:
Which teachers are available to attend? If the team feels only one teacher is required possibly pick the teacher with the most knowledge of the student.
In which subjects is the student not making anticipated progress? Those teachers should be in attendance.
If there are accommodations or modifications to the classroom curriculum, in which classes are they not being effective? Those teachers should be in attendance.
In which classes is the student successful? Those teachers may not need to be in attendance.
All students with disabilities are provided the special instruction and services which are appropriate to their needs. Where the individual education plan team has determined appropriate goals and objectives based on the student's needs, including the extent to which the student can be included in the least restrictive environment, and where there are essentially equivalent and effective instruction, related services, or assistive technology devices available to meet the student's needs, cost to the district may be among the factors considered by the team in choosing how to provide the appropriate services, instruction, or devices that are to be made part of the student's individual education plan. The individual education plan team shall consider and may authorize services covered by medical assistance according to section 256B.0625, subdivision 26. The student's needs and the special education instruction and services to be provided must be agreed upon through the development of an individual education plan. The plan must address the student's need to develop skills to live and work as independently as possible within the community. The individual education plan team must consider positive behavioral interventions, strategies, and supports that address behavior for children with attention deficit disorder or attention deficit hyperactivity disorder. By grade 9 or age 14, 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. In developing the plan, districts must inform parents of the full range of transitional goals and related services that should be considered. The plan must include a statement of the needed transition services, including a statement of the interagency responsibilities or linkages or both before secondary services are concluded.
MN Statue 125A.08(a)(1)
"Individualized education program" or "IEP" means a written statement for each pupil that is developed, reviewed, and revised in a meeting in accordance with this part and that includes: a statement of the pupil's present levels of educational performance, including how the pupil's disability affects the pupil's involvement and progress in the general curriculum, or for preschool pupils, as appropriate, how the disability affects the pupil's participation in appropriate activities.
MN Rule 3525.2810, subp. 1(A)(1)
In developing each pupil's IEP, the IEP team shall consider the strengths of the pupil and the concerns of the parents for enhancing the education of the pupil, the results of the initial evaluation or most recent evaluation of the pupil, and, as appropriate, the results of the pupil's performance on any general state or districtwide assessment program.
MN Rule 3525.2810, subp. 2(A)
The Present Level of Performance is the key to a well developed IEP. This is the section that describes current level of functioning and identifies strengths and weaknesses. If the child is clearly described, the team should easily be able to determine goals and level of services. Considerations include:
Describe how the student's disability affects involvement and progress in the K-12 general curriculum. What information does the regular education teacher need in order to work with this student. For students using Braille, including how Braille will be implemented through integration with other classroom activities. For preschool children or students age 18 to 22 describe how the disability affects participation in appropriate activities.
Discuss the learner’s current levels of performance in the areas of presenting problems. Statements of present level of educational performance are concise, meaningful, and identify educational strengths and needs. Describe the student's functional level, both behaviorally and academically, in the school setting. If this is an initial placement or three-year re-evaluation, the student's present level of performance is in the Assessment Summary Report and does not need to be restated. In describing the student's behavior and ability, you may include assessment results, behavioral observation data, previous learning history, relationship of behavior to learning, preferred learning style, interpersonal relationships, status of skill in prior IEP objectives, information obtained from parents and pupil regarding needs, preferences and interests, and impact of health/physical status on learning.
Describe the learner-based special education instructional needs. The needs must be reflected in the present levels of performance on the IEP. Instructional needs refer to skill, functions, or outcomes related specifically to the pupil- not statements about specific special education services, teaching strategies, or prescriptions for therapy. For students who are blind, there is a presumption that proficiency in Braille reading and writing is essential for the student to achieve satisfactory educational progress. The IEP team must determine whether the student’s visual impairment does or does not affect reading and writing performance commensurate with ability. For more information see Eligibility Criteria -Visual Impairment.
In developing an individualized education plan for each blind student the presumption must be that proficiency in Braille reading and writing is essential for the student to achieve satisfactory educational progress. The assessment required for each student must include a Braille skills inventory, including a statement of strengths and deficits. Braille instruction and use are not required by this paragraph if, in the course of developing the student's individualized education program, team members concur that the student's visual impairment does not affect reading and writing performance commensurate with ability. This paragraph does not require the exclusive use of Braille if other special education services are appropriate to the student's educational needs. The provision of other appropriate services does not preclude Braille use or instruction. Instruction in Braille reading and writing must be available for each blind student for whom the multidisciplinary team has determined that reading and writing is appropriate.
Instruction in Braille reading and writing must be sufficient to enable each blind student to communicate effectively and efficiently with the same level of proficiency expected of the student's peers of comparable ability and grade level.
The student's individualized education plan must specify:
(1) the results obtained from the assessment required under paragraph (c);
(2) how Braille will be implemented through integration with other classroom activities;
(3) the date on which Braille instruction will begin;
(4) the length of the period of instruction and the frequency and duration of each instructional session;
(5) the level of competency in Braille reading and writing to be achieved by the end of the period and the objective assessment measures to be used.
(6) if a decision has been made under paragraph (c) that Braille instruction or use is not required for the student:
(i) a statement that the decision was reached after a review of pertinent literature describing the educational benefits of Braille instruction and use; and
(ii) a specification of the evidence used to determine that the student's ability to read and write effectively without Braille is not impaired.
MN Statue 125A.06(c-d)
Deaf/Hard of Hearing
Consider the communication needs of the pupil, and in the case of a pupil who is deaf or hard of hearing, consider the pupil's language and communication needs, opportunities for direct communications with peers and professional personnel in the pupil's language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the pupil's language and communication mode.
MN Rule 2810 , subp. 2(B)(4)
Limited English Proficiency
In the case of a pupil with limited English proficiency, consider the language needs of the pupil as such needs relate to the pupil's IEP.
MN Rule 3525.2810, subp. 2(C)
Student's Behavior Impedes Learning
The individual education plan team must consider positive behavioral interventions, strategies, and supports that address behavior for children with attention deficit disorder or attention deficit hyperactivity disorder.
MN Statue 125A.08(a)(1)
The IEP team shall: in the case of a pupil whose behavior impedes his or her learning or that of others, consider, when appropriate, strategies, including positive behavioral interventions and supports to address that behavior.
MN Rule 3525.2810, subp. 2(B)(1)
The student's needs and the special education instruction and services to be provided shall be agreed on through the development of an individual education plan. The IEP team shall:
Identify one or more annual instructional goals for each identified educational need. These goals must be generated by the learner’s needs and reflect those needs. The goal statements must describe what a child with a disability can reasonably be expected to accomplish within a twelve month period. For learners beginning at grade nine or age 14, use the Transition Program Planning pages to address the learner’s needs for transition from secondary services to postsecondary education and training, employment and community living.
Identify two or more instructional objectives for each annual goal, including the criteria for attainment. If the student is being graded by a method other than the standard grading system, write the specific grading system that will be used in modifications and adaptations section of the IEP.
Describe the special education and related services needed to accomplish the goals and objectives. A statement justifying the need for the related services must be documented on the IEP. Describe the pupil’s need for and the specific responsibilities of a paraprofessional.
Address Minnesota Statewide Testing/Basic Standards Testing and district initiated system of assessment.
Describe the changes in staffing, transportation, facilities, curriculum, methods, materials, equipment and general education that will be made to permit successful accommodation and education of the learner in the least restrictive environment.
If the student will turn 17 years of age during the IEP year, document that the student has been informed of the rights which transfer upon reaching the age of majority (18) unless a legal guardian or conservator has been appointed.
Determine the learner’s need for extended school year services.
After reviewing the proposed IEP/IFSP with the parents, have the parents sign the Parent Consent/Objection form either at the time of the meeting, if they are comfortable with the plan and provide them with a draft of the proposed IEP, or send it home with them to review and return. The parents’ signatures are required by law prior to initiating the original IEP. On subsequent IEP's documentation is require of attempts made to obtain parent signature.
The district must obtain signed parental consent prior to the initial placement of a learner into special education. The IEP manager is responsible for obtaining signed parental consent prior to initial placement, and notifying the parent of subsequent significant changes through the use of the Prior Written Notice forms.
If the parents do not attend the IEP
A meeting may be conducted without the parents in attendance if the district has made multiple efforts to convince the parent to attend. The case manager must have a record of the attempts to arrange a mutually agreed upon time and place such as:
Detailed records of telephone calls made or attempted and the results of those calls;
Copies of correspondence sent to the parent and any responses received; and
Detailed records of visits made to the parent's home or place of employment and the results of those visits.
Send the Prior Written Notice, Parent Rights and Procedural Safeguards, and the Individual Education Plan to the parents within 10 calendar days of the IEP meeting. If the signed Prior Written Notice is not returned within 14 school days of the IEP meeting and it is not the initial IEP, proceed with the program.
An interim IEP may be written for a period of no more than 60 school days when the team needs to determine the appropriateness of a placement or to resolve question regarding the content of the IEP including instructional goals and objectives. (M.R. 3525.2900 Subp. 1.F.)
When a learner with a disability transfers into a district (i.e., the district of residence changes), the district must respond immediately to the fact that the learner had previously been identified as disabled and has an IEP from another district. The building administrator (or designee) shall assign an IEP manager who will immediately schedule an IEP meeting to address the special education needs of the learner. Additionally, the building administrator (or designee) shall immediately undertake efforts to obtain the complete educational record from the previous district. The IEP team shall review the IEP from the previous district. For students with an active IEP transferring from one Minnesota district to another, the new district: must continue serving the student under the existing IEP for an interim period of time until an IEP team meeting can be scheduled and the previous IEP is reviewed and a new IEP is written for the new district. A Prior Written Notice form must be signed by the parent giving the present district permission to provide special education services
As part of the development and content of an annual IEP, the team must discuss ESY needs at each annual IEP and/or periodic review. An Extended School Year (ESY) is not the same as summer school. ESY is a mandatory extension of special education services to learners with a disability over the summer months. Although the specific reason for providing ESY vary from learner to learner, the need arises when it is suspected the learner will suffer a significant loss of a critical academic, behavioral, communication or other skills as a result of a lengthy break in instruction. The district may not limit extended school year services to particular categories of disability or unilaterally limit the type, amount, or duration of those services. The school district will consider an extended school year (ESY) for those learners when it is determined:
That the learner will experience "significant regression" in the absence of an educational program; and
The time required to relearn the skills lost is excessive; or
The effects of the breaks in programming are such to prevent the learner from attaining the state of self-sufficiency that the learner would otherwise reasonably be expected to reach. The amount of service, including a reduction of services, or type of services for summer, must be appropriate to maintain performance in IEP goals.
(M.R. 3525.2900)
The amount and type of service for summer must be appropriate to maintain performance on IEP goals.
Minn. R. 3525.2900 subp 1 (G)
If the team determines that ESY is appropriate based on the above criteria, then the team needs to determine the amount and type of service for summer that is appropriate to maintain performance on IEP goals. It is the responsibility of the special education service provider to document student progress on IEP goals and objectives on a regular basis throughout the IEP year. The IEP team will determine the specific IEP goals and objectives where skill regression/recoupment or self-sufficiency criteria have been documented or is predicted. Present level of performance at the end of the school year should be preserved and used as a baseline for those student's who may be considered for ESY.
When is Extended School Year Service Needed?
Schools are required to provide extended school year (ESY) services to a pupil if the IEP team determines the services are necessary during a break in instruction in order to provide a free appropriate public education.
Definitions
Levels Performance. Means a pupil's progress toward annual IEP goals immediately prior to a break in instruction as seen in progress measurements.
3525.2810, subp. 1.A.9
Regression. Means a significant decline in the performance of a skill or acquired knowledge, specified in the annual goals as stated in the pupil's IEP, that occurs during a break in instruction.
Recoupment. Means a pupil'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.
Self-Sufficiency. Means 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 pupil requiring a functional curriculum. To attain self sufficiency, a pupil must maintain skills consistent with the pupil's IEP goals in any of these skill areas:
basic self-help, including toileting, eating, feeding, and dressing;
muscular control; physical mobility;
impulse control;
personal hygiene;
development of stable relationships with peers and adults;
basic communication; or
functional academic competency, including basic reading and writing skills, concepts of time and money, numerical or temporal relationships.
ESY Criteria
At least annually, the IEP team must determine a pupil is in need of ESY services if the pupil meets the conditions of item A, B, or C.
There will be significant regression of a skill or acquired knowledge form 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;
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; or
The IEP team otherwise determines, given the pupil's unique needs, that ESY services are necessary to ensure that pupil receives a free appropriate public education.
Sources of Information for IEP Team Determination
The IEP team must decide the basis for determining whether a pupil is eligible for ESY services using information including:
Prior observation of the pupil's regression and recoupment over the summer;
Observation of the pupil's tendency to regress over extended breaks in instruction during the school year; and
Experience with other pupils with similar instructional needs.
Other Factors to be Considered
In making its determination of ESY needs the IEP team must consider the following factors, where relevant:
The pupil's progress and maintenance of skills during the school year;
The pupil's degree of impairment;
The pupil's rate of progress;
The pupil's behavioral or physical problems;
The availability of alternative resources;
The pupil's ability and need to interact with nondisabled peers;
The areas of the pupil's curriculum which need continuous attention; or the pupil's vocational needs.
What Extended School Year Service Is Not:
An individual decision. Parents or staff alone cannot determine the need for extended year service. The IEP team needs to agree on this issue as on other programming and service issues.
Respite or day care for families who need or would like those services.
A continuation of the entire special education services or program as written in the IEP.
Summer school. Summer school is permissive and meant to remediate, reinforce, or enrich. Extended year service is meant to retain skills to allow for benefit from a "free appropriate public education".
For only the severely handicapped. Although it is most likely that students with more severe handicaps experience problems with regression, recoupment, or self-sufficiency, other students with handicaps could experience significant programs in these areas also.
To make up credits for failed classes.
To be considered for content area classes that are over after the year or semester. For example, students may lose skills learned in a science or health class, but these are not skills that are indicators of basic self-sufficiency.
ESY Service Examples
The following are some examples of possible ESY service provision. They are not all inclusive as each ESY decision must be made based on the individual needs of the child.
Skill Maintenance Activities- These are written descriptions of activities for parents or other caregivers to provide for the student on a regular basis over the summer break. The activities will be written by the student's school year service providers. Examples might include: parent directed activities to involve the student in when grocery shopping, guidelines for parents to follow when reading to the student, suggestions of community activities and other guidelines for parents to assure necessary skill practice.
Skill Maintenance Packets/Kits- These are school materials prepared and organized for the parent or caregiver to use on a regular basis over the summer break. The materials will be prepared and directions written by the student's school year service providers. Examples might include: worksheets, flashcards, books, computer software, writing assignments, reading assignments, fine motor activities, and social skill activities.
Licensed Staff Telephone Consultation-This service would typically be in addition to use of skill maintenance activities and/or packets. A licensed special education teacher would be available for phone consult regarding use of the activities or packets at specifically scheduled intervals throughout the summer break. Licensed staff telephone consultation could be available to the parent, caregiver, or to some community agency or facility working with that student. Examples might include: arrangements made between a parent and a teacher for a regular bi-weekly pone call to review activities, arrangements between the parent and the summer rec. program to have a phone consult with an D/APE teacher on a regular basis, arrangements between the parent and teacher to talk bi-weekly for social skill activity suggestions, arrangements between the parent, daycare provider, and teacher for regular consults regarding social skill and behavior management strategies.
Licensed Staff In-Person Consultation- This service would involve planned and pre-scheduled consultation sessions provided to parents, caregivers, or a community facility or agency. The teacher would schedule consultation sessions throughout the summer to assist parents and caregivers in providing skill practice opportunities to the student. Examples might include: arrangements for summer rec. staff to schedule consultation with an D/APE teacher when new activities are planned, arrangements between the parent and daycare provider to meet with a licensed teacher on a regular basis to plan and review skill maintenance activities.
Licensed Staff Direct Skill Maintenance Sessions- This service would require parents and the school year staff to design specific skill practice lessons for the student throughout the summer break. The length of the skill maintenance session times must be based on the minimum of practiced needed to maintain a student's performance level on the specific skills determined eligible for ESY service. This service would typically be in addition to the parent providing regular practice of skills through use of practice activities, packets, or consultation services. Examples might include: arrangements for a teacher to meet with the student in a supervised location to collect data on a students performance level following a practice session. School year service providers will design and provide materials for the practice sessions.
Other Specific Maintenance Activities As developed by the IEP Team.
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Transition services for students with disabilities may be special education, if provided as specially designed instruction, or related service, if required to assist a student with a disability to benefit from special education.
34 C.F.R. 300.43(b)
By grade 9 or age 14, 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. In developing the plan, districts must inform parents of the full range of transitional goals and related services that should be considered. The plan must include a statement of the needed transition services, including a statement of the interagency responsibilities or linkages or both before secondary services are concluded.
Minn. Stat. 125A.08(a)(1)
By grade nine or age 14, whichever comes first, the IEP plan shall address the pupil's needs for transition from secondary services to postsecondary education and training, employment and community living.
For each pupil, the district shall conduct an evaluation of secondary transition needs and plan appropriate services to meet the pupil's transition needs. The areas of evaluation and planning must be relevant to the pupil's needs and may include work, recreation and leisure, home living, community participation, and postsecondary training and learning opportunities. To appropriately evaluate and plan for the pupil's secondary transition, additional IEP team members may be necessary and my include vocational education staff members and other community agency representatives as appropriate.
Secondary transition evaluation results must be documented as part of an evaluation report. Current and secondary transition needs, goals, and instructional and related services to meet the pupil's secondary transition needs must be considered by the team with annual needs, goals, objectives, and services documented on the pupil's IEP.
Minn. R. 3525.2900, subp. 4
Beginning not later than the first IEP to be in effect when the child turns 16, or younger if determined appropriate by the IEP tea, and updated annually, thereafter the IEP must include:
Appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and when appropriate, independent living skills; and
The transition services (including courses of study) needed to assist the child in reaching those goals.
Failure to Meet Transition Objectives
Nothing in this part relieves any participating agency, including a State vocational rehabilitation agency, of the responsibility to provide or pay for any transition services that the agency would otherwise provide to children with disabilities who meet the eligibility criteria of that agency.
34 C.F.R. 300.342.(c)(2)
Exception for Students with Disabilities Convicted Under State Law
The following requirements do not apply to children with disabilities who are convicted as adults under State law and incarcerated in adult prisons:
The requirements in 300.320(b) (relating to transition planning and transition services), do not apply with respect to the children whose eligibility under Part B of the Act will end, because of their age, before they will be eligible to be released from prison based on consideration of their sentence and eligibility for early release.
34 C.F.R. 300.324(d)(1)(ii)
The entire IEP, beginning by age 14, is an outcome oriented process. Beginning at age 14, courses of study that are appropriate for the student's long-range plans are identified. It is strongly encouraged that the case manager develop an agenda to assist the team in addressing the IEP with a transition focus. The ASEC has a recommended template for the agenda. To aid the team including parents, in this process, there are numerous resources available in the ASEC Archives on this web site.
A "coordinated" plan is developed that will help the student achieve their post-high school goals. The following steps are suggested:
Identify the Student's Post-school Desired Goals and Visions
Information must be gathered in order to identify a student's preferences, interests and dreams after high school. These dreams might not seem realistic to the educators, but this is often typical of the process young people go through while making plans for their future. Students should be provided experiences around those dreams so they may better clarify their future plans.
Describe the Student's Present Levels of Educational Performance
The student's present level should described and include how the disability affects the child's involvement and progress in the general education curriculum. Transition planning requires that strengths as well as limitations be identified.
The student and the family are critical to the transition planning process. By age 14 (or younger if appropriate), the student must be invited to IEP/IIIP meetings. It is important to plan the IEP/IIIP meeting so that the student can attend, and provide opportunities for the student to fully participate in these meetings. Student led IEP/IIIP training may be necessary for some students. If the student does not attend, other steps must be taken to assure that the student's interest, preferences and needs are considered.
The family is a valuable source of information regarding the student's post-school vision. This information should be included in the PLEP in order to develop the goals and objectives to support the anticipated outcome.
Designing a Statement of Transition Service Needs (age 14 or younger if appropriate)
The statement of transition service needs is required for students by age 14 (or younger if appropriate) and includes a course of study for the high school years. These courses are determined by the student's interests, preferences and needs and may include required, elective, advance placement, modified or specially designed courses as well as experiences in the community. A Course of Study worksheet is available to assist the team in planning.
Transition service needs identify the courses necessary for the student to graduate or complete a school program and provides the necessary experiences for achieving post-school goals. This must occur on the IEP for all students in special education by age 14. The long-range plans are evaluated annually and any necessary adjustment and modification of the course of study are included in the IEP/IIIP.
The statement of transition service needs, beginning at age 14, continues to be reviewed annually by the IEP/IIIP team.
Designing a Statement of Needed Transition Services
By age 16 (or younger if appropriate) the IEP team must include:
instruction;
related services;
community experiences;
the development of employment and other post-school adult living objectives; and
if appropriate, acquisition of daily living skills and functional vocational evaluation.
Each of these areas must be considered in order to identify post-school services, supports, experiences and programs the student might need in order to achieve their post-school goals. Developing a "coordinated set of activities" also means that adult service agencies should be identified and linkages established as part of the needed transition services.
Determine Annual Goals and Short Term Objectives
After developing a comprehensive plan that includes a coordinated set of activities, annual goals and short-term objectives are determined for those activities that are a direct responsibility of the special education providers. There will be many activities identified for a student. Not all of those activities will be educational activities, or the responsibility of special educators. These activities may be provided in a general or special education setting, in the community or in the home. A general education teacher, career and technical teacher, adult service agency provider or parent may provide opportunities and support for a student. It is only those activities that require the need for special education services that will require a goal on the IEP/IIIP.
For example, a student that has identified post-secondary education as the goal after high school may need self-advocacy skills in order to access accommodations on a college campus. These skills might be addressed through a conversation with the student and support at home, or in a general education classroom. Goals addressing self-advocacy would be written for the student if these skills were taught by the special education teacher and required special education services.
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)
"Individualized education program" or "IEP" means a written statement for each pupil that is developed, reviewed, and revised in a meeting in accordance with this part and includes:
when a pupil reaches the age of 18, unless a guardian or conservator has been appointed for the pupil by a court of competent jurisdiction, the following shall occur and be documented in the pupil's IEP:
the district shall provide any notice required under this chapter to the pupil and the pupil's parent's; and
all other rights accorded to the parents under this chapter and Part B of the Act transfer to the pupil, even if the pupil is incarcerated in and adult or juvenile state or local correctional institution.
Beginning at least one year before the pupil reaches the age of 18, the pupil and the pupil's parents must be informed of those rights under this chapter that will transfer to the pupil at age 18.
Minn. R. 3525.2810, subp. 1(A)(8)
The ASEC has a number of resources in the Archives of this web site that may be helpful when providing information to the parent and student regarding transfer of rights at age 18.
Parents are the natural guardians for their minor children (persons age 17 years old and younger). As natural guardians, parents make a variety of decisions on behalf of their children. This includes decisions such as, where their child will go to school, what medical care their child will receive, and in what activities their child will participate. This natural guardianship ends, however, once their child reaches the age of majority, or adulthood (age 18 years). At that age all children become legal adults with the right to make their own decisions. This includes taking responsibility for making special education decisions.
As an adult, a person is granted certain legal and civil rights, including the right to vote, to marry, and to sign contracts. Some individuals may lack the ability to make reasonable decisions for themselves in order to meet their personal needs and manage their finances.
If an adult does lack the capacity to make such decisions on his or her own behalf, he or she may need the support of some type of substitute decision maker. In those cases, the person's parents, other family members, or friends may want to consider which substitute decision making alternatives would be appropriate for the person.
These potential options include, but aren't limited to, Power-of-Attorney for finances, Durable Power of Attorney for Health Care Decisions, Advanced Psychiatric Directives, Social Security Representative payeeship, Trusts, and many other formal and informal supports. The goal of any of these options should be to provide optimal support and opportunities to the person to preserve and protect his or her self-determination and decision making independence as much as possible, while assuring his or her needs are met and the rights are protected. As the student reaches age 17, a portion of the student's IEP planning should deal with informing the student and parents of the implications of reaching adulthood at age 18.
Guardianship
One of the most frequently used alternatives is guardianship or conservatorship. In guardianship, the guardian is given broad powers over the " ward". A person in need of a guardian, is deemed to be incompetent in all areas of decision making. Incompetence is a legal term which means the ward is incapacitated in all areas of decision making. the ward loses all rights, including the right to vote. This is the broadest, most restrictive form of protection and should be sought only when no other less restrictive alternative exists.
Conservatorship
Conservatorship is tailored to transfer decision making power to the conservator only in the areas of life where protection and supervision by a conservator has been proven necessary. Conservatorship is used for substitute decision making in specific areas of the person's life that are necessary to meet the person's needs.
A conservatorship does not assume that the proposed conservatee is incapacitated in all areas of life. There is no finding of general incompetence. The individual can still marry, make a will or vote (unless specified by the courts that the individual is incapable of doing so).
The term individualized education program or IEP means a written statement or each child with a disability that is developed, reviewed, and revised in a meeting and that must include:
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 assessments consistent with section 612(a)(16) of the Act; and
If the IEP team determines that the child must take an alternate assessment instead of a particular regular State or district wide assessment of student achievement, a statement of why the child cannot participate in the regular assessment and the particular alternate assessment selected is appropriate for the child.
34 C.F.R. 300.320(a)(6)
"Individualized education program" or "IEP" means a written statement for each pupil that is developed, reviewed, and revised in a meeting in accordance with this part and includes a statement of any individual modifications in the administration of state or district wide assessments of student achievement that are needed in order for the pupil to participate in such assessment. If the IEP team determines that the pupil will not participate in a particular state or district wide assessment of student achievement or part of such an assessment, a statement of why that assessment is not appropriate for the pupil; and how the pupil will be assessed.
Minn. R. 3525.2810, subp.1(A)(5)
Exception for Students with Disabilities Convicted Under State Law
The following requirements do not apply to children with disabilities who are convicted as adults under State law and incarcerated in adult prisons:
The requirements contained in section612(a)(16) of the Act and 300.320(a)(6) relating to participation of children with disabilities in general assessments.
34 C.F.R. 300.324(d)(1)(i)
For up to date information on the Minnesota's Graduation Standards see the MDE web site. There are two parts to the Graduation Standards::
Basic Standards which are basic skills tests in reading, mathematics and written composition that students must pass in order to be eligible to graduate. They are a "safety net" to ensure that no student leaves high school without learning basic life skills that every adult needs in order to live and work in today's society; and
Minnesota Academic Standards define what students should know, understand and be able to do to demonstrate a high level of achievement. All students must work toward achieving high standards in several areas in order to graduate. To earn credit for a standard, the student must successfully complete a series of assignments. Modifications may be made as needed for students with disabilities and documented through the IEP or 504 planning process.
Basic Standards Testing (BST)
Students with IEPs or Section 504 Accommodation plans may have special consideration on the Basic Standards tests in reading, mathematics and written composition. The IEP or Section 504 team is responsible for determining the type and extent of participation in all testing for the purposes of statewide testing and Graduation Standards requirements. Teams have the authority to make decisions for students based on their individual needs. All decisions must be documented in the IEP or Section 504 plan.
What is an Accommodation?
An accommodation is a change in the administration of an assessment, such as presentation format, response mode, setting, timing/scheduling, or any combination of these that does not change the construct intended to be measured by the assessment or the meaning of the resulting scores. Accommodations provided to a student during state assessments must also be provided during classroom instruction, classroom assessments, and district assessments; however, some instructional accommodations are not appropriate for use on statewide assessments, for example, calculators may not be used on all sections of an assessment even if they are used consistently in the classroom. It‘s critical that educators become familiar with state policies regarding the appropriate use of accommodations during assessments.
What is the Purpose of an Accommodation?
Accommodations play a key role in promoting access to the general education curriculum. The purpose of accommodations is to reduce or eliminate the effects of a student‘s disability, or in the case of a student who is identified as LEP, to eliminate barriers to the Minnesota Academic Standards caused by language differences. Accommodations allow students with special needs to show what they know and can do; they do not reduce learning expectations.
Description of Accommodation Categories
Three accommodation categories are used in Minnesota:
Presentation Accommodations allow students to access information in ways that do not require them to visually read standard print. These alternate modes of access are auditory, multi-sensory, tactile and visual.
Response Accommodations allow students to complete activities, assignments, and assessments in different ways or to solve or organize problems using some type of assistive device or organizer.
Timing and Scheduling Accommodations increase the allowable length of time to complete an assessment or assignment and perhaps change the way the time is organized. While extended time or frequent breaks may be specified as accommodations in a student‘s IEP or 504 Plan, they are considered an accommodation only for a student taking the TEAE which is a timed test. For all other Minnesota assessments extended time and frequent breaks are considered a general practice and are available to all students.
A setting accommodation allows students to complete tasks in different settings or under different conditions than are normally provided. While small group or individual administration may be specified as an accommodation in a student‘s IEP or 504 Plan, there is no need to identify setting accommodations on Minnesota Assessments because they are general practices that are available to all students.
Who May Receive an Accommodation?
Accommodations to NCLB assessments may be considered for three groups of students: students with IEPs, students with 504 Plans and LEP students. When an eligible student demonstrates the need for an accommodation, it must be provided as long as it does not invalidate the assessment.
Who is Responsible for Making Decisions Regarding Accommodations?
For students with IEPs, the IEP Team is responsible for making annual assessment and accommodation decisions which must be based on individual need in accordance with state and federal guidelines. For students with the most significant cognitive disabilities, the IEP Team may determine that the Minnesota Test of Academic Skills (MTAS) is the most appropriate measure of academic skills in reading, mathematics and science. Only students with disabilities under IDEA may be considered for the MTAS.
Students with 504 Plans must be provided accommodations based on individual need as long as the accommodations do not invalidate the assessment. The 504 Team should determine the appropriateness of an accommodation for a particular student and document the decision in the 504 Plan. Students with 504 Plans are not eligible for the MTAS.
For students who are identified as LEP, the ESL teacher should determine and record which assessments and accommodations are most appropriate.
Selecting Appropriate Accommodations
To ensure that students with disabilities are engaged in standards-based instruction and assessment, members of the IEP Team must be knowledgeable about the Minnesota Assessments, the Minnesota Academic Standards and district academic content standards. Making appropriate instructional decisions is facilitated by gathering and reviewing information about the student‘s disability and level of performance in relation to the Minnesota Academic Standards. In essence, the process of making decisions about accommodations is one in which the IEP Team attempts to ―level the playing field so that students with disabilities can participate in the general education curriculum.
The first question asked by those who make accommodation decisions should not be, ―What accommodations are available? This practice does not promote sound decision-making or advance equal opportunities for students to participate in the general education curriculum. Research has demonstrated that more is not necessarily better when it comes to accommodations and that providing students with accommodations that are not truly needed may have a negative impact on their performance.
The better approach when making accommodation decisions is to focus on a student‘s identified needs within the general education curriculum. Some examples of questions that should be considered prior to the selection of an accommodation are:
What specialized instruction (e.g., learning strategies, organizational skills, comprehension strategies) does the student need to achieve grade level content standards?
What accommodations will increase the student‘s access to the general education curriculum? What accommodations address the student‘s learning needs while reducing the effects of the disability?
What accommodations are routinely used by the student during instruction in the classroom and in classroom-, district-, and state-level testing?
The following pages describe accommodations that may be considered by IEP Teams, 504 Teams and ESL teachers. The accommodations in Table 7 are organized under the headings of presentation, timing/scheduling, and response format. Tables 7 and 8 are intended as a reference, and are not an exhaustive list of testing accommodations. If school personnel determine that a student needs a particular accommodation that is not included on these charts, please contact MDE to ensure that the accommodation will not invalidate a specific assessment.
Documenting the Use of an Accommodation
Many accommodations have a special code that should be entered on the student‘s answer book/document or in the online system. Districts will be able to correct errors that were made when entering these codes. Chapter 9 of this manual provides information about the process. These accommodation codes are used by MDE to help analyze test results. Individual Student Reports and Summary Reports do not mention accommodations used.
It is the IEP Team‘s responsibility to determine which testing accommodations are needed by a student who receives special education services. For a student who has a disability under IDEA, specific accommodations are annually documented in the IEP prior to testing. Likewise, a 504 Team should document in the 504 Plan its decision to use an accommodation. ESL teachers should record the use of accommodations for students identified as LEP.
When Accommodations Conflict
Some accommodations can be used together and others cannot be used together. Some examples of accommodations that are not compatible are a Braille book and a Large Print test book, a mathematics MCA-II script and a mathematics MCA-II script read on a CD, or a Spanish version of the mathematics BST and a large print version. Make sure pairs of accommodations that involve a translation or large print are compatible and that you fill in the answer book/document accommodation codes correctly. Table 8 lists the abbreviations for these codes. Contact mde.testing@state.mn.us if you have questions.
Modifications Guidelines
Only Basic Skills Tests may be modified, and then only for some students with an IEP or 504 Plan. When the BSTs were introduced in 1996, the IEP Team or 504 Team was able to make large adjustments in the testing conditions or even in the test itself as long as test security was not compromised. These large adjustments, called modifications, change the meaning of the test score. Some examples of a modification are setting a lower passing score (after the student takes the BST), giving the student a second day of testing, or requiring the student to take only part of the test. No modifications are available for the MCA-II or other accountability test. For more information on modifications for the BST, see the 2004-05 Guidelines for Accommodations in the DAC Corner of the Research and Assessment Website under Policies, Procedures and Guidelines – Content Archives.
Both NCLB and IDEA 2004 require that all students with disabilities be administered the assessments districts use to hold schools accountable for the academic performance of students. IEP Team members are required to engage in a planning process that addresses:
Provision of accommodations that facilitate student access to grade level instruction and Minnesota Assessments
Use of alternate assessments to assess the academic achievement of students with the most significant cognitive disabilities.
All Minnesota students, including students with disabilities, must participate in statewide (e.g., Reading and Mathematics MCA-IIs in grades 3-8, 10, and 11) and district-wide assessments. There are some students with significant cognitive disabilities for whom the regular assessment, even with accommodations, is not an appropriate measure of their academic performance. If a student‘s IEP Team determines that the regular assessment is inappropriate, the student must be administered an alternate assessment linked to grade level Minnesota Academic Standards in reading, mathematics and science. Alternate assessments based on alternate achievement standards such as the Minnesota Test of Academic Skills (MTAS) represent a reduction in the complexity of the standards. The MTAS in reading and mathematics was first administered in the spring of 2006-07. Science will be administered for the first time in 2007-08. The following participation
guidelines provide guidance for an IEP Team determining whether a student should participate in the MTAS.Assessment Decisions for Students with the Most Significant Cognitive Disabilities
It is the IEP Team‘s responsibility to determine how each student who receives special education services will participate in the Minnesota Assessments. In Minnesota, three assessment options for meeting the federal accountability requirements under the 2001 Elementary and Secondary Education Act—commonly referred to as NCLB—are available for students with IEPs:
The Minnesota Comprehensive Assessments – Series II (MCA-II) in Mathematics, Reading and Science;
The MCA-II in Mathematics, Reading and Science with accommodations; and
The Minnesota Test of Academic Skills (MTAS) in Mathematics, Reading and Science (the alternate assessment based on alternate achievement standards).
IEP Teams must first consider whether the MCA-II, with or without accommodations, is an appropriate measure of a student‘s academic progress. If the IEP Team determines that the MCA-II is not an appropriate measure of the student‘s academic progress, and the student meets the requirements established in this document, then it is appropriate that the student be assessed with the MTAS. Care should be taken when making assessment decisions for students served by multiple programs. Additional assessment options are available for students with IEPs who are also identified as Limited English Proficient (LEP). The MTAS may only be administered to a student who meets eligibility requirements under the Individuals with Disabilities Education Act (IDEA).
Beginning in spring 2007, the MTAS became Minnesota‘s alternate assessment based on alternate achievement standards. The MTAS, which is for students with the most significant cognitive disabilities, includes performance tasks in reading, mathematics and science that are linked to grade level Minnesota Academic Standards as required by NCLB. The grade level standards are reduced in complexity to reflect prerequisite skills. Alternate achievement standards describe performance on grade level Minnesota Academic Standards, but the performances and expected achievement levels are different for students with significant cognitive disabilities.
4.03.12 Student is Placed Out-of-District
If the resident district places a pupil in an out of district placement, the resident district is still responsible to assure that an appropriate IEP is developed, that the pupil is placed in the least restrictive environment, and that due process procedures associated with these responsibilities are followed.
It is the responsibility of the providing district, agency, or academy to implement the IEP, conduct periodic and annual reviews, convene and facilitate the IEP team meeting, and assure that due process procedures associated with these responsibilities are followed.
The annual IEP must be developed jointly by the providing district, agency, or academy and resident district. The resident district may appoint a member of the providing district as its representative.
MN. R. 3525.0800, sub. 4
When a district considers placement of a student in another district, the team is strongly encouraged to notify the special education director. Additional options may be available that might allow the student to be served in the resident district.
4.03.13 If the Private School Implements the IEP
4.10 Prior Notice Requirements
A parent must receive prior written notice a reasonable time before the district proposes or refuses to initiate or change the identification, evaluation, educational placement, or the provision of a free appropriate public education to a child with a disability.
A parent must receive prior written notice a reasonable time before the district proposes or refuses to initiate or change the identification, evaluation, educational placement, or the provision of a free appropriate public education to a child with a disability.
MN Statue 125A.091, subd 2When a district proposes or refuses to initiate or change the identification, evaluation, or educational placement of a pupil, or the provision of FAPE to the pupil, the district must serve prior written notice on the parent. The district must serve the notice on the parent within a reasonable time, and in no case less than 14 calendar days before the proposed effective date of change or evaluation. If the notice only includes a refusal of a request, it must be served on the parent within 14 calendar days of the date the request was made.
The notice must meet the requirements of Minnesota Statutes, section 125A.091, subdivisions 3 and 4. The notice must also:
inform the parents that the school district will not proceed with the initial placement and provision of services as defined in part 3525.0210 without prior written consent of the pupil's parents;
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; and
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.
The district must provide the parents with a copy of the proposed individual educational program plan as described in part 3525.2810, subpart 1, item A, whenever the district proposes to initiate or change the content of the IEP.
MN Rule 3525.3600
4.10.01 Contents of Prior Notice
The notice required under paragraph (a) of this section must include:
1. A description of the action proposed or refused by the agency;
2. An explanation of why the agency proposes or refuses to take the action
3. A description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action;
4. 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;
5. Sources for parents to contact to obtain assistance in understanding the provisions of this part;
6. A description of other options that the IEP team considered and the reasons why those options were rejected; and
7. A description of other factors that are relevant to the agency's proposal or refusal.
34 C.F.R. 300.503(b)
The Prior Written Notice is to be used in conjunction with the Parental Consent/Objection form when seeking consent or objection to the proposed IEP. It requires the following five questions to be answered for any proposed action or denial of parental request:
Description of the actions proposed by the district: Some possible examples include:
The district is proposing the attached IEP with behavior goals and a behavior intervention plan.
The attached IEP shows continued work on reading and math with an emphasis in reading comprehension.
The district is refusing the parents request for a one on one paraprofessional throughout the students day.
The district is refusing the parents request to purchase the Chat PC for the students communication needs.
Explanation of why the district proposes to take the action: Provide a brief description of the proposal or refusals. There will often be multiple descriptions of proposals and refusals in a single notice. These descriptions should be clear and succinct. Some possible examples include:
The student is struggling with his behavior issues at this time, but the district is able to meet these needs. With a reduced focus on academics the student is likely to be able to focus more on improving behavior. The intervention plan will allow for consistency across settings.
The student is continuing to make appropriate progress in reading and writing.
The district has collected data that indicates the student's behavior can be managed and not disrupt his or others education through the use of cues from the classroom teacher.
The district considered the Chat PC using the SETT process for assistive technology evaluation. Other devices available in the district were adequate to provide for the students communication.
Description of each evaluation procedure, test, record, or report the district used as a basis for the proposed action: The district must describe each evaluation procedure, test, record, or report it used as a basis for its proposed actions and refusals. Some possible examples include:
Classroom observations, teacher interview.
Classroom assessments
Review of records
Review of data charts
Functional Behavior Assessment
SETT-Setting Environment Task Tool communication device considerations
Description of other options that the team considered and the reasons why those options were proposed or rejected: The district must document other options the team considered in its deliberation over ideas about the proposed IEP. the team's are expected to discuss various options. Given the number of different people required to participate in team meetings, and the different roles they play, there should not be a shortage of options considered. Some possible examples include:
The team considered continuing with the academic goals. Due to significant behavior issues the student is unable to make sufficient gains. The team felt behavior was the higher priority at this time.
The team considered an alternative reading program but the team felt the student was making sufficient progress given his disability.
The team considered para professional support in science class but decided the use of the resource room for academic instruction during study hall would better meet the student's needs.
The team considered the Mini Mo and the Step by Step devises. The student demonstrated skills that best worked with the Picture Exchange process for communication.
Description of other factors affecting the proposal or refusal: The district must document other factors affecting proposals and refusals. These are items that may not have been covered under the description of other options. If there were no other factors, the district may simply say so. Some possible examples include:
There are no other factors.
The child's first language is Spanish.
The student is new the county.
The child's health condition.
Prior Written Notice
The team considered that the child's services could be discontinued at this time.
The child's need could be met by participate in the District Preschool program without special education services.
The child's special education needs could be met in the daycare setting.
Revised 04/01/2008