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ASEC

4.0 IEP/IFSP Planning Standards

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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.

Required Policies

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).

 

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.

 

Required Policies

Specific policies, procedures and other documentation to demonstrate compliance will be found on each of the fourteen district's policy web page.

 

4.0 IEP/IFSP Planning Standards

Legal Citations


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

 

I. General Individualized Education Program(IEP) Requirements

4.01 IEP Team

Legal Citations

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

4.01.01 Placement Decision Made By an IEP Team

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)

4.1.2 IEP Manager

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

4.1.3 IEP Team Members

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:

1. 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.

2.  At least one special education teacher, or where appropriate, at least one special education provider who can interpret the instructional implications of evaluation results;

3. At least one general education teacher (if the child is, or may be participating in the general education environment). If there are more than one general education teacher, one teacher is designated as the teacher of record on the Team meeting notice. 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.

4. 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;

5. A representative of the district, other than the pupil's teacher, who is qualified to provide or supervise the provision of special education services.

  and

6. Others at the discretion of the parents or district.

 

Minnesota Department of Education

June 2009

Q & A: Autism Consultants at Individual Education Program (IEP) Meetings

The Minnesota Department of Education (MDE) Division of Compliance and Assistance has developed

this document to address questions raised by parents and school districts regarding Autism Consultants at

IEP Team Meetings.

 

 

Team Membership Under Special Situations:

  1. 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

  1. 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)

  1. Multidisciplinary Teams-Early Intervention New

Multidisciplinary means the involvement of two or more separate disciplines or professions and with respect to:

34 CFR 303.24

  1. 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:

  1. the child's regular teacher; or

  2. if the child does not have a regular teacher, a regular classroom teacher qualified as a teacher of his or her age; or

  3. for a child of less than school age, an individual qualified by the district to teach a child of his or her age; and

  4. 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)

  1. 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.

  1. 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

 

Minnesota Department of Education

January 13, 2009

Q & A: Conducting IEP Team Meetings over the Telephone for Children in Care and Treatment Facilities

The Minnesota Department of Education (MDE) Division of Compliance and Assistance has developed this document to address questions raised by parents and school districts regarding conducting IEP team meetings over the telephone for children in Care and Treatment Facilities.

 

 

  1. 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.

  1. Initial IEP Team Meeting for Child Previously Under C

Because Early Intervention service providers in the ASEC districts serve children birth to age 3, transitioning a children from Part C, birth to age 3 services, to Part B, age 3 to 21 services, occurs through coordination of planning with the ECSE center based teacher. The transition planning meeting generally should happen in the school setting so school staff is available to attend and the family has the opportunity to tour the classroom and meet the early childhood teacher and principal.

4.02 Meeting Requirements

4.02.01 General Requirements

Legal Citations

 

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.

4.02.02 Ensuring Parent Attendance at Meetings

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 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. Whatever the situation, the IEP meeting must be held within the IEP timeline.

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 or other documentation of 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:

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.

 

*NOTE: December 2009 Per information from MDE monitors, the date for determining timeliness of an IEP is the IEP meeting date to IEP meeting date.

4.02.05 Private Schools

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

 

Minnesota Department of Education

January 13, 2009

Q & A: Parental Rights Retained Non-Custodial Parent

The Minnesota Department of Education (MDE) Division of Compliance and Assistance has developed

this document to address questions raised by parents and school districts regarding the rights of a noncustodial

parent to participate in the Individual Education Plan (IEP) team process.

 

 

4.02.06 Failure to Provide Transition Services

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

4.02.07 Review of Emergency Use of Restrictive Procedures/Behavior Intervention Procedures

Emergency Interventions

Emergency means a situation where immediate intervention is necessary to protect a child or other individual from physical injury or to prevent severe property damage.

MN Stat 125A.0941(b)

 

Use of a restrictive procedures is always a last resort. Districts in the Area Special Education Cooperative are provided with Crisis Intervention Prevention (CPI) training opportunities for staff on an ongoing basis. This training is required for all crisis teams, and authorized teachers and para's working with students with significant behavior concerns as a means of deescalating behaviors prior to the use of a conditional procedure. CPI training is encouraged for all other district and coop staff as a behavior management strategy for all students. Districts should refer to the ASEC web site for scheduled CPI training dates or should contact ASEC for scheduling other training times.

 

Anytime a student's behavior is escalating to the point that interventions such as frequent removal from the classroom, physical holding, or seclusion the staff must 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. The districts in the Area Special Education Cooperative have the following procedure for reviewing emergency situations where restrictive procedures have been used with a student:

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.

4.02.08 Alternative Means of Meeting Participation

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.

4.02.09 Excused Absence from Team Meeting by Individual Members

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:

1. The parent, in writing, and the public agency consent to the excusal; and

2. 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:

 

Minnesota Department of Education

October 29, 2008

Q & A: Individual Education Plan (IEP) Team Attendance

The Minnesota Department of Education (MDE) Division of Compliance and Assistance developed this document to assist school districts who have raised questions about making determinations regarding who should attend IEP meetings and when the district must obtain written agreement or consent to excuse a team member from an IEP meeting.

 

 

Minnesota Department of Education

June 2009

Q & A: Individual Education Program (IEP) Team Attendance-Regular Education Teachers and Related Service Professionals

The Minnesota Department of Education (MDE) Division of Compliance and Assistance has developed

this document to address questions raised by parents and school districts regarding the attendance of

regular education teachers and related service professionals at IEP Team meetings.

 

 

 

4.03 IEP Content

Legal Citation

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)

 

 

Minnesota Department of Education

April 2009

Q & A: Individualize Family Service Plan (IFSP) Service Delivery

The Minnesota Department of Education (MDE) Division of Compliance and Assistance has developed

this document to address questions raised by parents and school districts regarding IFSP service delivery.

 

 

4.03.01 Present Level of Educational Performance

"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 district wide assessment program.

MN Rule 3525.2810, subp. 2(A)

The Present Level of Academic Achievement and Functional Performance (PLAAFP)  is the key to a well developed IEP and an integrated summary of a data from all sources including parents. 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:

1.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.

2. For students ages 14-21, address the present level of functioning in Post Secondary Education and Training and Employment and when appropriate, in independent living. Discuss how the disability affects involvement and progress in transition to adulthood.

3. 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.  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.

4. 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.

5. If the IEP is generated during an initial or re-evaluation, summarize the data from the evaluation report. Do not write "See Evaluation Report". Because the evaluation report also requires a present level of performance and functional skills, write the present level for the evaluation in such a way that you are able to simply cut and paste the present level into the IEP.

 Communication Needs Under Present Level

Braille Instruction Information

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.

34 C.F.R. 300.324(a)(2)(iv)

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.

34 C.F.R. 300.324(a)(2)(ii)

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)

 

If the IEP team determines that there are special factors that determines that the student needs a particular device or service, including an intervention, accommodation, or other program modification in order for the student to receive a free appropriate public education the team must include a statement to that effect in the IEP. The services, interventions or accommodations should be clearly described however specific names of devices, curriculum, or service providers should not be listed.

 

Assistive Technology

 

The IEP team shall:

consider whether the pupil requires assistive technology devices and services.

MN Rule 3525.2810, subp. 2(B)(5)

 

The Area Special Education Cooperative has an assistive technology specialist who is available to support IEP teams in assistive technology considerations. Contact ASEC to request a consultation.

4.03.02 Short and Long Term Goals and Objectives

"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 measurable annual goals, including benchmarks or short-term objectives, related to meeting the pupil's needs that result from the pupil's disability to enable the pupil to be involved in and progress in the general curriculum, and meeting each of the pupil's other educational needs that result from the pupils disability.

MN Rule 3525.2810, subp. 1(A)(2)

There must be a link from evaluation data and identified needs to the goals on the IEP. The goals should match the needs found in the evaluation report. Goals must be measureable and include:

1. The direction (improve, increase, maintain, reduce);

2. The present percentage of skill;

3. The percentage the student is anticipated to attain by the end of the year.

 

The goal should not be about:

 

1.Completing x number of lessons;

2. passing a class or classes.

Remember: If you can't chart it the goal is likely not measurable. For further guidance in writing appropriate goals read Goal Writing tutorial:K-12 from Minnesota Department of Education

4.03.03 Least Restrictive Environment (LRE)

The term individualized education program or IEP means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting and that must include an explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in the activities described in paragraph (a)(4) of this section.

34 C.F.R. 300.320(a)(5)

The least restrictive environment statement is a description of what regular education classes or activities the student is missing while receiving specialized instruction. If the student will not be participating in regular events, such as field trips, it must state why in the LRE. Students however may not be excluded from extracurricular and nonacademic activities solely because of the needed for modifications or supports.

Children with disabilities must be provided with an equal opportunity for participation in those services and activities. It is the responsibility of the IEP team to determine what supplementary aids and services are necessary and appropriate for participation but not to actually designate or specify the particular activity in the IEP. An example would be:

Team members must remember too that consideration must be given to participation in all school-sponsored extracurricular and nonacademic activities that are made available to nondisabled students, such as after-school programs, field trips, and clubs.

Information taken from In CASE, December 2006

4.03.04 Special Education and Related Services

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 the special education and related services and supplementary aids and services to be provided to the pupil, or on behalf of the pupil, and a statement of the program modifications or supports for school personnel that will be provided for the pupil to advance appropriately toward attaining the annual goals, to be involved and progress in the general curriculum in accordance with subitem (1) and to participate in extracurricular and other non academic activities, and to be educated and participate with other pupils and students in the activities described in this paragraph;

MN Rule 3525.1820, subp. 1(A)(3)

The (multidisciplinary) 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 IEP team.

Pupils may receive instruction and related services from any or all of the (multidisciplinary) team members with appropriate skills. The special education provided by each team member shall be included in the IEP.

MN Rule 3525.2350, subp. 3 & 4

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:

  1. 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 , 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.

  2. 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.

  3. 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 in the Evaluation Report or if the need for the related service occurs after the re-evaluation, the need for the service and the interventions and modifications attempted and not successful must be documented on the IEP. Describe the pupil’s need for and the specific responsibilities of a paraprofessional.

  4. Address Minnesota Statewide Testing/Basic Standards Testing and district initiated system of assessment.

  5. 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.

  6. 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.

  7. 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.

Determining Need for Related Services

Related services means transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education, and includes speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, early identification and assessment of disabilities in children, counseling services, including rehabilitation counseling, orientation and mobility services, and medical services for diagnostic or evaluation purposes. Related services also include school health services and school nurse services, social work services in schools, and parent counseling and training.

34 C.F.R. 300.34(a)

What Makes a Related Service an IEP Service

“In order to qualify as a related service the service must be some particular professional service the individual holding the licensed is licensed to provide that is not provided to all students as a regular education service.”

Jack Reed, MDE Fiscal Monitor November 2008

The ASEC understanding of this quote is that when a related service is provided to all children, it would not be considered an IEP related service and therefore eligible for reimbursement through special education funding. An IEP related service must reach a level of skill and/or  intensity of  service that typically would not be provided. An example of this would be:

Versus

Other examples of this would be:

Related services means services that are required to assist a child with a disability to benefit from special education. If an IEP team has any question regarding whether a service is a general education service or an IEP service please contact your special education director for guidance.

Evaluation and Related Service

Related services help children with disabilities benefit from their special education by providing extra help and support in needed areas, such as speaking or moving. IDEA requires that a child be assessed in all areas related to the suspected disability. This evaluation must be sufficiently comprehensive so as to identify all of the child's special education and related services needs, whether or not those needs are commonly linked to the disability category in which the child has been classified.

The need for a related service must, in most cases, be documented within the Evaluation Report. Generally a need for a related service would not be supported by data on an initial evaluation/IEP because no special education services would have been provided prior to the evaluation. Typical special education services would be the first level of support provided to a student to make progress on the IEP goals.

Possible exceptions to this process might be student's who have significant motor delays (e.g. Cerebral Palsy, Muscular Dystrophy, etc.), students with a significant mental health diagnosis (e.g. Bipolar, Oppositional Defiant Disorder, etc.), students with other significant medical conditions (e.g. apraxia, aphasia, asthma, etc). If the evaluation team believes that the needs of the referred student are of  a significant nature that  require the level and intensity of support from a related service person, a person with that level of skill should be part of the evaluation team and the decision making process.

At re-evaluation or when an Functional Behavioral Assessment (FBA) is conducted, the IEP team anticipates that a discussion may occur regarding the student's lack of progress on goals and possible need to add a related service, someone with that level of expertise should generally be a part of the evaluation or FBA team to determine the intensity of need. The related service provider may not do actual testing but may review previous information (such as medical reports); collect information from parents and teachers through interview or checklists; or consult with other people doing the evaluation.

The Evaluation Report or FBA must document the progress on the previous goals and the describe the types of supports and services provided and found to not meet the level of expected progress. The Report would not indicate the need for a specific service provider (e.g. Occupational Therapist, Physical Therapist, School Social Worker or Speech Therapist) but rather document the intensity of the specific need, which the IEP team may determine cannot be met without the support of specific related service personnel. Some possible examples may include:

School Social Worker Activities on Evaluation Plans

 

The involvement of a school social worker  must be documented on the Notice of Evaluation/Re-Evaluation. Some possible activities provided by a school social worker and listed on evaluation plan may include:

IEP and Related Service

 

Typically related services are only considered after an IEP has been in place for a reasonable time and modifications or adjustments have been made to the program to support the student. Consideration of modifications or adjustments should be triggered during a progress review or at any other appropriate time when the anticipated progress on the goals has not been made.  The team should consider related services after making modifications and adjustments to the students IEP and determining that the typical supports and services provided by special education teaching staff have not been successful.

 

At the annual IEP, the Present Level of Performance statement on the IEP should clearly document the services, modifications and accommodations previously provided and the progress achieved. Only after a need has been identified and a goal written should a discussion occur regarding the level of support needed in order for progress to be made on the specific goal or goals. Documentation of changes attempted and the level of success should be noted in the present level of the IEP. Some examples may include:

A. Extended School Year

School districts 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.

MN Rule 3525.0755, sub. 1

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:

1. 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;

2. 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

3. the IEP team otherwise determines, given the pupil's unique needs, that ESY services are necessary to ensure the pupil receives a free appropriate public education.
 The amount and type of service for summer must be appropriate to maintain performance on IEP goals.

Minn. R. 3525.0755, subp 3

The IEP team must decide the basis for determining whether a pupil is eligible for ESY services using information including:

  1. prior observation of the pupil's regression and recoupment over the summer;

  2. observation of the pupil's tendency to regress over extended breaks in instruction during the school year; and

  3. experience with other pupils with similar instructional needs.

Other factors that may be considered include:

In making its determination of ESY needs under subpart 3, item A, B, or C, the IEP team must consider the following factors, where relevant:

  1. the pupil's progress and maintenance of skills during the regular school year;

  2. the pupil's degree of impairment;

  3. the pupil's rate of progress;

  4. the pupil's behavioral or physical problems;

  5.  the availability of alternative resources;

  6. the pupil's ability and need to interact with nondisabled peers;

  7. the areas of the pupil's curriculum which need continuous attention; or

  8. the pupil's vocational needs.

MN Rule 3525.0755, sub. 5

 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.

Definitions

Levels Performance. Means a pupil's progress toward annual IEP goals immediately prior to a break in instruction as seen in progress measurements.

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:

MN Rule 3525.0755 sub.2(d)

What Extended School Year Service Is Not:

ESY Criteria

SpEd Forms has an Extended School Year work sheet and ESY checklist that may be helpful in determining the need for extended school year services. 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.

A. 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;

B. 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

C. 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

Other Factors to be Considered

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.

B. Cost Considerations

Each district must ensure the following:

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.

MN Stat. 125A.08(a)(1)

C. Role of the Regular Education Teacher

The regular education teacher of the pupil, as a member of the IEP team, shall, to the extent appropriate, participate in the development of the IEP of the pupil, including the determination of appropriate positive behavioral interventions and strategies and the determination of supplementary aids and services, program modifications, and support for school personnel. The regular education teacher of the pupil, as a member of the IEP team, shall, to the extent appropriate, participate in the review and revision of the IEP of the pupil.

MN Rule 3525.2810, sub. 2(D) & 3(B)

 

 

Minnesota Department of Education

February 2009

Q & A: Regular Education Teachers' Responsibilities Related to Implementing IEPs

 

The Minnesota Department of Education (MDE) Division of Compliance and Assistance has developed

this document to address questions raised by parents and school districts regarding regular education

teachers’ responsibilities with respect to implementing Individualized Education Programs (IEPs).

 

 

4.03.05 When IEP Must Be in Effect

At the beginning of each school year, the district must have in effect, for each child with a disability within its jurisdiction, an IEP, as defined in 300.320

34 C.F.R. 300.323(a)

"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:

MN Rule 3525.2810, sub. 1(A)(6)

4.03.06 Review and Revision of the IEP

The district shall ensure that the IEP team reviews the pupil's IEP periodically, but not less than annually to determine whether the annual goals for the pupil are being achieved, and reviews the IEP as appropriate to address:

  1. any lack of expected progress toward the annual goals and in the general curriculum, where appropriate;

  2. the results of any re-evaluation conducted under part 3525.2710

  3. information about the pupil provided to, or by, the parents; or

  4. the pupil's anticipated needs and other matters.

MN Rule 3525.2810, Subp. 3(A)

 

At the time of the annual review it is required to discuss if the pupil will need extended school year services. In most cases the student would be determined to not need extended school years services and that should be noted as such on the Service Grid page of the IEP. If the team cannot make a judgment at the time of the annual IEP, it is required that is also noted on the Service Grid page of the IEP and a process developed to determine at a later date if extended school year services is needed. See  the section on Extended School year for more guidance.

4.03.07 Progress Reporting

"Individualized education program" or "IEP" means a written statement for each pupil that is developed, reviewed, and revised in a meeting and includes:

a statement of how the pupil's progress toward the goals  will be measured, 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, of the pupil's progress toward the annual goals and the extent to which that  progress is sufficient to enable the pupil to achieve the goals by the end of the year.

MN Rule 3525.2810, subp. 1(A)(9)

Progress reviews must be conducted at least 4 times a year (quarterly report cards) either in writing or orally. It is strongly encouraged that even when informing parents orally of their child's progress that a written Progress Report be completed and finalized on SpEd Web. This provides formal documentation of the number of progress reviews completed and the student's progress at each review.

4.03.08 Removal by a Peace Officer

If a pupil who has an individual education plan is restrained or removed from a classroom, school building, or school grounds by a peace officer at the request of a school administrator or a school staff person during the school day twice in a 30 day period, the pupil's individual education program team must meet to determine if the pupil's individual education plan is adequate or if additional evaluation is needed.
MN Statute 121A.67, Subd. 2

When restrictive procedures are used twice in 30 days or when a pattern emerges and restrictive procedures are not included in a child's individualized education program or behavior intervention plan, the district must hold a meeting of the individualized education plan team, conduct or review a functional behavioral analysis, review data, consider developing additional or revised positive behavioral interventions and supports, consider actions to reduce the use of restrictive procedures, and modify the individualized education plan or behavior intervention plan as appropriate. At the meeting, the team must review any known medical or psychological limitations that contraindicate the use of a restrictive procedure, consider whether to prohibit that restrictive procedure, and document any prohibition in the individualized education program or behavior intervention plan.

MN Statute 125A.0942

The IEP team will meet as soon as possible, but no later than five school days after emergency procedures have been used. District administration or Director of Special Education must be notified immediately when physical restraint has been used in an emergency situation. Reasonable efforts will be made to notify the parent on the same day as a restrictive procedure is used.

When a district anticipates that restrictive procedures may be used, the district will comply with the MDE Restrictive Procedures Checklist and document each of the mandated requirements.

Grounds for removal from class

The policy must establish the various grounds for which a student may be removed from a class in the district for a period of time under the procedures specified in the policy. The policy must include a procedure for notifying and meeting with a student's parent or guardian to discuss the problem that is causing the student to be removed from class after the student has been removed from class more than ten times in one school year. The grounds in the policy must include at least the following provisions as well as other grounds determined appropriate by the board:

(a) willful conduct that significantly disrupts the rights of others to an education, including conduct that interferes with a teacher's ability to teach or communicate effectively with students in a class or with the ability of other students to learn;

(b) willful conduct that endangers surrounding persons, including school district employees, the student or other students, or the property of the school; and

(c) willful violation of any rule of conduct specified in the discipline policy adopted by the board.

 

Policy components.

The policy must include at least the following components:

(a) rules governing student conduct and procedures for informing students of the rules;

(b) the grounds for removal of a student from a class;

(c) the authority of the classroom teacher to remove students from the classroom pursuant to procedures and rules established in the district's policy;

(d) the procedures for removal of a student from a class by a teacher, school administrator, or other school district employee;

(e) the period of time for which a student may be removed from a class, which may not exceed five class periods for a violation of a rule of conduct;

(f) provisions relating to the responsibility for and custody of a student removed from a class;

(g) the procedures for return of a student to the specified class from which the student has been removed;

(h) the procedures for notifying a student and the student's parents or guardian of violations of the rules of conduct and of resulting disciplinary actions;

(i) any procedures determined appropriate for encouraging early involvement of parents or guardians in attempts to improve a student's behavior;

(j) any procedures determined appropriate for encouraging early detection of behavioral problems;

(k) any procedures determined appropriate for referring a student in need of special education services to those services;

(1) the procedures for consideration of whether there is a need for a further assessment or of whether there is a need for a review of the adequacy of a current individual education plan of a student with a disability who is removed from class;

(m) procedures for detecting and addressing chemical abuse problems of a student while on the school premises;

(n) the minimum consequences for violations of the code of conduct;

(o) procedures for immediate and appropriate interventions tied to violations of the code;

(p) a provision that states that a teacher, school employee, school bus driver, or other agent of a district may use reasonable force in compliance with section 121A.582 and other laws; and

(q) an agreement regarding procedures to coordinate crisis services to the extent funds are available with the county board responsible for implementing sections 245.487 to 245.4889 for students with a serious emotional disturbance or other students who have an individualized education plan whose behavior may be addressed by crisis intervention.

MN Statue 121A.61

Further information regarding restrictive procedures may be found in the MDE Q & A Related to Restrictive Procedures document

Staff must document behavioral incidents using the Behavior Incident Log. When a restricted procedure is used staff is required to complete a Restrictive Procedures Report Form for each incident. At the end of the year after review by the Behavior Incident Review Committee, the Restrictive Procedures Report forms should be placed in the student's Learner File.

Minnesota Deptment of Education

October 29, 2008

Q & A: Use of Conditional Procedures


The Minnesota Department of Education (MDE) Division of Compliance and Assistance developed this document to assist school districts who have raised questions about use of conditional procedures.

 

4.03.09 Transition Services Beginning at Age 14

Legal Citation

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)

During grade 9, (changed in 2009) 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.

A. 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.

B. 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 team, and updated annually, thereafter the IEP must include:

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

2. 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)

Graduation means that the student has met the criteria for successful movement from secondary education to the next educational, work or community setting. The following are some questions that could be discussed when developing a transition IEP. Upon graduating from high school what are the student's expectations?

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)

Transition Planning Team Considerations

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:

1. Identify the student's post-school desired goals. These are student generated goals

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.

2. 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.

3. Designing a Statement of Transition Service Needs (age 14 or younger if appropriate)

The statement of transition service needs addressing post secondary education and training, employment and when appropriate, independent living skills, 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.

4. Designing a Statement of Needed Transition Services

By age 16 (or younger if appropriate) the IEP team must include:

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 on the IEP as part of the needed transition services.

5. 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.

4.03.10 Notice of Transfer of Rights

Legal Citation

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:

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.

Conservatorship & Guardianship

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).

4.03.11 Modification of State and District-Wide Assessments

Legal Citation

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:

i. 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

ii. 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:

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::

1. 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

2. Minnesota Academic Standards define what students should know, understand and be able to do to demonstrate a high level of achievement.

Minnesota Comprehensive Assessment (MCA)

Students with IEPs or Section 504 Accommodation plans may have special consideration on the MCA 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.

Accommodation Guidelines

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:

1. 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.

2. 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.

3. 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:

  1. What specialized instruction (e.g., learning strategies, organizational skills, comprehension strategies) does the student need to achieve grade level content standards?

  2. 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?

  3. What accommodations are routinely used by the student during instruction in the classroom and in classroom-, district-, and state-level testing?

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.  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 script and a mathematics MCA script read on a CD, or a Spanish version of the mathematics Grad test 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.  Contact mde.testing@state.mn.us if you have questions.

Alternative Assessment

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:

  1. Provision of accommodations that facilitate student access to grade level instruction and Minnesota Assessments

  2. 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 MCAs 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 was 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, four 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:

  1. The Minnesota Comprehensive Assessments – Series II (MCA) in Mathematics, Reading and Science;

  2. The MCA in Mathematics, Reading and Science with accommodations; and

  3. The Minnesota Test of Academic Skills (MTAS) in Mathematics, Reading and Science (the alternate assessment based on alternate achievement standards).

  4. The Minnesota Comprehensive Assessment-Modified

IEP Teams must first consider whether the MCA, with or without accommodations, is an appropriate measure of a student‘s academic progress. If the IEP Team determines that the MCA 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

Legal Citation

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

Each parentally placed private school child with a disability who has been designated to receive services under 300.132 must have a service plan that describes the specific special education and related services that the district will provide to the child in light of the services that the district has determine through the process described 300.134 and 300.137, it will make available to parentally-placed private school children with disabilities.

The services plan must to the extent appropriate:

  1. Meet the requirements of 300.320 or for a child ages three through five, meet the requirement of 300.323(b) with respect to the services provided; and

  2. Be developed, reviewed, and revised consistent with 300.321 through 300.323

34 C.F.R. 300.128(b)

4.04 When IEP Must Be in Effect

Legal Citation

At the beginning of each school year, the district must have in effect, for each child with a disability within its jurisdiction, an IEP, as defined in 300.320

34 C.F.R. 300.323(a)

"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:

MN Rule 3525.2810, sub. 1(A)(6)

4.04.01 Transfer Students

If a child with a disability (who had an IEP that was in effect in a previous district in the same State) transfers to a new district in the same State, and enrolls in a new school within the same school year, the new district (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 district), until the new district either:

  1. Adopts the child's IEP from the previous district; or

  2. Conducts an evaluation (if determined to be necessary by the new district); and

  3. Develops, adopts, and implements a new IEP, if appropriate.

34 C.F.R. 300.323(e) & (f)

 

To facilitate the transition for a child described  in paragraph (e) and (f) of this section:

  1. The new district in which the child enrolls must take reasonable steps to promptly obtain the child's records, including the IEP and supporting documents and any other records relating to the provision of special education or related services to the child, from the previous district in which the child was enrolled; and

  2. The previous district in which the child was enrolled must take reasonable steps to promptly respond to the request from the new district.

When a child with a disability enrolls from another Minnesota district that uses SpEd Forms ( see list of SpEd Forms districts) for due process paperwork, the assigned case manger should immediately (within 3 days) contact that district and have the files transferred electronically. If the previous district is not a SpEd Forms user, the case manager must immediately (within 3 days) contact the district for records.

Within Minnesota

When a student 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 completed and a Parental Consent/Objection form must be signed by the parent giving the present district permission to provide special education services.

Outside Minnesota

When a student with a disability on an IEP transfers from a district outside the State of Minnesota, the new district must immediately provide special education services on an interim basis until Minnesota eligibility can be determined. The assigned case manager must immediately contact the previous district for records if not provided by the parent at time of enrollment. If no records are immediately available the district should, with parent input, attempt to determine the type and scope of services previously received by the student.

An evaluation should be conducted within a reasonable time to determine if the student meets Minnesota eligibility for special education services. A Notice of Educational Evaluation/Re-Evaluation form informing the parent of the evaluation process and that special education services will be implemented during the time an evaluation for special education eligibility is conducted must be completed. A Parental Consent/Objection form must be signed by the parent giving the present district permission to provide special education services and permission to evaluate .

4.05 Accessibility and Accountability of IEPs

4.05.01 Teachers

Each district must ensure that:

  1. The child's IEP is accessible to each regular education teacher, special education teacher, related service provider, and any other service provider who is responsible for its implementation; and

  2. Each teacher and provider is informed of:

    1. His or her specific responsibilities related to implementing the child's IEP; and

    2. The specific accommodations, modifications, and supports that must be provided for the child in accordance with the IEP.

34 C.F.R. 300.323(d)

 

If changes are made to the child's IEP, the district must ensure that the child's IEP team is informed of those changes.

34 C.F.R. 300.324(a)(4)(ii)

Because changes may be made to an IEP, with parent permission, outside of an IEP team meeting, it is especially critical that the case manager keep all team members, including the regular classroom teacher,  informed of any changes made to the IEP during the IEP year. It is suggested the case manager use the IEP Routing Form as a means of notifying staff when changes are made mid-year.

 

Minnesota Department of Education

February 2009

Q & A: Regular Education Teachers' Responsibilities Related to Implementing IEPs

 

The Minnesota Department of Education (MDE) Division of Compliance and Assistance has developed

this document to address questions raised by parents and school districts regarding regular education

teachers’ responsibilities with respect to implementing Individualized Education Programs (IEPs).

 

 

4.05.02 Parents

The district must give the parent a copy of the child's IEP at no cost to the parent.

34.C.F.R. 300.322(f)

The parents of a child with a disability must be afforded an opportunity to participate in meetings with respect to"

  1. The identification, evaluation, and educational placement of the child; and

  2. the provision of FAPE to the child.

34 C.F.R. 300.501(b)(1)

IEP teams are encouraged to use technology such as conference calls, email, etc. as a means of participation for both parents and other team members who may not be able to physically attend a meeting. This may be especially helpful for itinerant team member participation.

4.06 Annual Review and Revision of IEPs

Legal Citations

4.06.01 Review and Revision of an IEP for Students in Public School

Each district must ensure that 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.

34 C.F.R. 300.324(b)(1)(i)

Each district must ensure that the IEP Team revises the IEP, as appropriate, to address:

  1. Any lack of expected progress toward the annual goals, and in the general education curriculum, if appropriate;

  2. The results of any re-evaluation conducted;

  3. Information about the child provided to, or by, the parents;

  4. The Child's anticipated needs; or

  5. Other matters.

34 C.F.R. 300.324(b)(2)

 

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.

  1. 1. 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;

  2. 2. 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

  3. 3. the IEP team otherwise determines, 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

4.06.02 Review and Revision of an IEP for Students in Private Schools

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 district.

34 C.F.R. 300.325 (b)(1)

If the private school or facility initiates and conducts these meetings, the district must ensure that the parents and a district representative:

  1. Are involved in ay decision about the child's IEP; and

  2. Agree to any proposed changes in the IEP before those changes are implemented.

34 C.F.R.. 300.325 (b)(2)

 

Even if a private school or facility implements a child's IEP, responsibility for compliance with this part remains with the district and State Education Agency (SEA).


34 C.F.R. 3000.325(c)

 

The proper document for a student with a disability in a private school is the Individual Service Plan (ISP) rather than the Individual Education Plan (IEP). The IEP document on SpEd Forms can be changed to an ISP by clicking the ISP button on the "Individualized Education Program (IEP)" page.

4.06.03 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 Rule 3525.0800, subp. 4

4.06.04 Modification of the IEP of a Student with a Disability Who is Convicted Under State Law

Subject to paragraph (d)(2)(ii) of this section, the IEP team of a student with a disability, who is convicted as an adult under State law and incarcerated in an adult prison may modify the child's IEP or placement if the State has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated.

The requirements 300.320 (relating to IEPs), and 300.112 (relating to LRE), do not apply with respect to the modifications described in paragraph (d)(2)(i) of this section.

34 C.F.R. 300.324(d)(2)

4.06.05 Significant Change in Program or Placement

"Significant change in program or placement" means:

  1. The IEP goals have been completed or require modification based on a progress report;

  2. There is a need to add or delete a service based on a progress report or evaluation;

  3. There is a change in the type of site or setting in which the pupil receives special education;

  4. The amount of time a pupil spends with nondisabled peers is changed;

  5. The amount of special education to accomplish the goals or objectives needs to be increased or decreased; or

  6. The team determines there is a need for a conditional intervention procedure.

MN Rule 3525.0210, subp.41

 

The Regulations implementing IDEA 2004 provide a procedure whereby an IEP can be amended without having to bring the full IEP Team together (see 34 C.F.R. 200.324(a)(4-6)). Amending an IEP occurs after the annual IEP has been developed,  It does not change the due date when the next annual IEP is due and can only be done when the parent agrees to do so. The SpEd Forms Agreement to Amend IEP form has been developed to use in such situations.

 

The parent and the district must agree in writing to amend the existing IEP without convening the entire IEP Team. The Agreement to Amend the IEP is designed to be printed and filled out at the meeting with the parent. The reason for this is that the parent must agree (and the district must document their agreement) to amend the IEP without the full IEP Team prior to making changes to the IEP. If this discussion to amend the IEP occurs by phone it is critical that the case manager documents the convention with enough detail to support that the parent was in agreement to amend prior to any discussion of the changes to the IEP.

The process to amend the IEP should include the following steps:

  1. The parent and district agree in writing to amend the existing IEP without convening the entire IEP Team by signing the Agreement to Amend the IEP form;

  2. The parent and IEP case manager then discuss the changes to be made to the IEP and the areas to be changed on the IEP are noted on the agreement form;

  3. The case manager (after making sure the existing IEP has been archived in SpEd Forms), checks the "Amendment" checkbox on the Forms menu. When this box is checked:

  4. The case manager makes changes to the IEP as noted on the Agreement to Amend the IEP form. Do not change the IEP meeting Date as this date remains the day the IEP Team met to develop the IEP and serves as the date from which to calculate the annual IEP due date.

  5. After the changes are made to the IEP, a copy of the the Agreement to Amend the IEP form and the amended IEP are sent to the parent along with a copy of a completed Prior Written Notice informing the parent of the proposed changes to the IEP, and a copy of the Parental Consent/Objection form.

  6. Once the signed Parental Consent/Objection form is returned or after the 14 calendar day waiting period for parents to respond, the case manager must:

4.07 Placement Decisions and Least Restrictive Environment (LRE)

Legal Citation

Each district must ensure that:

  1. To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are nondisabled; and
  2. Special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

34 C.F.R. 300.114(a)(2)

Typically IEP teams should carefully review all options when considering the removal of a child with a disability from the regular classroom setting. This is especially important if this is an initial placement. The team should clearly document within the present level of performance the nature or severity of the disability and how it is impacting progress in the general curriculum. The LRE justification statement must then identify what classes/activities the student will be missing if removed from the regular classroom to receive special education and related services and why they must miss those activities.

4.07.01 Requirements for Placement in LRE

In determining the educational placement of a child with a disability, including a preschool child with a disability, each district must ensure that the placement decision:

  1. Is made by a group of persons, including the parents, and other persons knowledgeable about the child, the meaning of the evaluation data, and the placement options; and

  2. Is made in conformity with the LRS provisions of this subpart, including 300.114 through 300.118.

34 C.F.R. 300.116(a)

 

In determining the educational placement of a child with a disability, including a preschool child with a disability, each district shall ensure that the child's placement:

  1. Is determined at least annually;

  2. Is based on the child's IEP; and

  3. Is as close as possible to the child's home.

C.F.R. 300.116(b)

 

In determining the educational placement of a child with a disability, including a preschool child with a disability, each district must ensure that:

C.F.R. 300.116(c)

 

In determining the educational placement of a child with a disability, including a preschool child with a disability, each district must ensure that:

34 C.F.R. 300.116(d)

 

In determining the educational placement of a child with a disability, including a preschool child with a disability, each district must ensure that:

34 C.F.R. 300.116(e)

 

4.07.02 Continuum of Alternative Placements

Each district must ensure that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services.

The continuum required must:

  1. Include the alternative placements listed in the definition of special education under 300.38 (instructions in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions); and

  2. Make provisions for supplementary services (such as resource room or itinerant instruction) to be provided in conjunction with regular class placement.

34 C.F.R. 300.115

 

4.07.03 Provision of Nonacademic and Extracurricular Activities

In providing or arranging for the provision of nonacademic and extracurricular services and activities, including meals, recess periods, and the services and activities set forth in 300.107, each district must ensure that each child with a disability participates with nondisabled children in those extracurricular services and activities to the maximum extent appropriate to need of that child. The district must ensure that each child with a disability has the supplementary aids and services determine by the child's IEP Team to be appropriate and necessary for the child to participate in nonacademic settings.

34 C.F.R. 300117

Children with disabilities must be provided with an equal opportunity for participation in those services and activities afforded non-disabled children.. It is the responsibility of the IEP team to determine what supplementary aids and services are necessary and appropriate for participation but not to actually designate or specify the particular activity in the IEP. An example would be:

Team members must remember too that consideration must be given to participation in all school-sponsored extracurricular and nonacademic activities that are made available to nondisabled students, such as after-school programs, field trips, and clubs.

Information taken from In CASE, December 2006

 

4.08 Administration of Drugs or Medicine

Legal Citations

This section applies only:

  1. When the parent of a pupil requests school personnel to administer drugs or medicine to the pupil; or

  2. When administration is allowed by the individual education plan of a child with a disability.

The request of a parent may be oral or in writing. An oral request must be reduced to writing within two school days, provided that the district may rely on an oral request until a written request is received.

MN Statue 121A.22, subd. 1

 

For drugs or medicine used by children with a disability, administration may be provided in the individualized education plan.

MN Statue 121A.22, subd.5

 

4.09 Behavioral Intervention Procedures

Legal Citations

This policy is intended to encourage the use of positive approaches to behavioral interventions. The objective of any 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. Behavioral intervention policies, programs, or procedures must be designed to enable to pupil to benefit from an appropriate, individualized educational program as well as develop skills to enable them to function as independently as possible in their communities.

MN Rule 3525.0850

4.09.01 District Policy

Each of the ASEC's fourteen districts have adopted a Restrictive Procedures Policy and Restrictive Procedures Plan. The district specific policy and procedure regarding restrictive procedures can be found in the Policy and Procedures section of the TSES.

 

All behavioral interventions not covered in the IEP must be consistent with the district's discipline policy. Continued and repeated use of any element of a district's discipline policy must be reviewed in the development of the individual pupil's IEP.

MN Rule 3525.2900, subp. 5(B)

 

Policy describing the district's procedures for implementing the use of conditional interventions with pupils. Policies must be reviewed regularly and shall include, at a minimum, the following components:

  1. Ongoing personnel development activities for all staff, contracted personnel, and volunteers who work with pupils who are disabled that:

    1. promote the use of positive approaches;

    2. provide an awareness of how to limit the use of aversive and deprivation procedures;

    3. provide an awareness of how to avoid abuse of such procedures;

    4. provide an awareness of specific cautions for the use of conditional procedures with specific populations of pupils or for the use of certain procedures; and

    5. provide staff training requirements for the design and use of all conditional interventions prior to their use;

  2. Documentation procedures of the use of interventions and maintenance and retention of records of use; and

  3. Description of the district's procedure for reviewing emergency situations where conditional procedures are used.

The districts in the Area Special Education Cooperative have the following procedure for reviewing emergency situations where restrictive procedures have been used with a student:

4.09.02 Regulated Intervention Procedures

The commissioner, after consultation with interested parent organizations and advocacy groups, the Minnesota Administrators for Special Education, the Minnesota Association of School Administrators, Education Minnesota, the Minnesota School Boards Association, the Minnesota Police Officers Association, a representative of a bargaining unit that represents paraprofessionals, the Elementary School Principals Association, and the Secondary School Principals Association, must amend rules governing the use of aversive and deprivation procedures by school district employees or persons under contract with a school district. The rules must:

(1) promote the use of positive behavioral interventions and supports and must not encourage or require the use of aversive or deprivation procedures;

(2) require that planned application of aversive and deprivation procedures only be instituted after completing a functional behavior assessment and developing a behavior intervention plan that is included in or maintained with the individual education plan;

(3) require educational personnel to notify a parent or guardian of a pupil with an individual education plan on the same day aversive or deprivation procedures are used in an emergency or in writing within two school days if district personnel are unable to provide same-day notice;

(4) establish health and safety standards for the use of locked time-out procedures that require a safe environment, continuous monitoring of the child, ventilation, adequate space, a locking mechanism that disengages automatically when not continuously engaged by school personnel, and full compliance with state and local fire and building codes, including state rules on time-out rooms;

(5) contain a list of prohibited procedures;

(6) consolidate and clarify provisions related to behavior intervention plans;

(7) require school districts to register with the commissioner any room used for locked time-out, which the commissioner must monitor by making announced and unannounced on-site visits;

(8) place a student in locked time-out only if the intervention is:

(i) part of the comprehensive behavior intervention plan that is included in or maintained with the student's individual education plan, and the plan uses positive behavioral interventions and supports, and data support its continued use; or

(ii) used in an emergency for the duration of the emergency only; and

(9) require a providing school district or cooperative to establish an oversight committee composed of at least one member with training in behavioral analysis and other appropriate education personnel to annually review aggregate data regarding the use of aversive and deprivation procedures.

MN Statue 125A.67

 

Changes to Regulated Procedures will go into effect on August 1, 2011. The term conditional procedures is not used in the new statutory provisions and instead the term "restrictive procedures" is used. The following definitions on Restrictive Procedures will apply as of that date.

 

Restrictive Procedures

Restrictive procedures means the use of physical holding or seclusion in an emergency.

MN Statue 125A.0941(e)

 

Restrictive Procedures Plan

Schools that intend to use restrictive procedures shall maintain and make publicly accessible a restrictive procedures plan for children that includes at least the following. See the Policies and Procedures section of the TSES for specific district plans:

 

(1) the list of restrictive procedures the school intends to use;

(2) how the school will monitor and review the use of restrictive procedures, including conducting post-use debriefings and convening an oversight committee; and

(3) a written description and documentation of the training staff completed

MN Statue 125A.0942, subd.1

 

Staff Authorized to Use Restrictive Procedures

Restrictive procedures may be used only by a licensed special education teacher, school social worker, school psychologist, behavior analyst certified by the National Behavior Analyst Certification Board, a person with a master's degree in behavior analysis, other licensed education professional, paraprofessional under section 120B.363, or mental health professional under section 245.4871, subdivision 27, who has completed the training program outlined below.

MN Statue 125A.0942, subd. 2(a)

 

Staff who use restrictive procedures shall complete training in the following skills and knowledge areas:

 

(1) positive behavioral interventions;

(2) communicative intent of behaviors;

(3) relationship building;

(4) alternatives to restrictive procedures, including techniques to identify events and environmental factors that may escalate behavior;

(5) de-escalation methods;

(6) standards for using restrictive procedures;

(7) obtaining emergency medical assistance;

(8) the physiological and psychological impact of physical holding and seclusion;

(9) monitoring and responding to a child's physical signs of distress when physical holding is being used; and

(10) recognizing the symptoms of and interventions that may cause positional asphyxia when physical holding is used.

MN Statue 125A, subd. 5

 

District staff who are a part of the Area Special Education Cooperative participate in Crisis Prevention Intervention (CPI) training prior to being authorized to use restrictive procedures. CPI aligns with Minnesota Standards for Restrictive Procedures.

 

Physical Holding

Physical holding means physical intervention intended to hold a child immobile or limit a child's movement and where body contact is the only source of physical restraint. The term physical holding does not means physical contact that:

  1. Helps a child respond or complete a task;

  2. Assists a child without restricting the child's movement;

  3. Is needed to administer an authorized health-related service or procedure; or

  4. Is needed to physically escort a child when the child does not resist or the child's resistance is minimal.

MN Statue 125A.0941(c)

 

Seclusion

Seclusion means confining a child alone in a room from which egress is barred. Removing a child from an activity to a location where the child cannot participate in or observe the activity is not seclusion.

MN Statute 125A.0941(f)

 

Emergency Interventions

Emergency means a situation where immediate intervention is necessary to protect a child or other individual from physical injury or to prevent severe property damage.

MN Stat 125A.0941(b)

 

Use of a restrictive procedures is always a last resort. Districts in the Area Special Education Cooperative are provided with Crisis Intervention Prevention (CPI) training opportunities for staff on an ongoing basis. This training is required for all crisis teams, and authorized teachers and para's working with students with significant behavior concerns as a means of deescalating behaviors prior to the use of a conditional procedure. CPI training is encouraged for all other district and coop staff as a behavior management strategy for all students. Districts should refer to the ASEC web site for scheduled CPI training dates or should contact ASEC for scheduling other training times.

 

Positive Behavior Supports

Positive behavioral interventions and supports means interventions and strategies to improve the school environment and teach children the skills to behave appropriately.

MN Stat 125A.0941(d)

This policy is intended to encourage the use of positive approaches to behavioral interventions. The objective of any 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. Behavioral intervention policies, programs, or procedures must be designed to enable a pupil to benefit from an appropriate, individualized educational program as well as develop skills to enable them to function as independently as possible in their communities.

MN R. 3525.0850

 

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 R. 3525.2810, subp.2(B)(1)

 

Positive Behavior Support Plan

 

After the completion of the functional behavioral assessment, the IEP team typically identifies the likely function of the student’s behavior. The IEP team must now develop (or revise) the student’s positive behavioral intervention plan. This process should be integrated, as appropriate, throughout the process of developing, reviewing, and revising a student’s IEP. The behavioral intervention plan will include, when appropriate:

  1. strategies, including positive behavioral interventions, strategies, and supports;

  2. program modifications; and

  3. supplementary aids and services that may be required to address the problem behavior.

Students engage in inappropriate, problem behavior for various reasons. To fully understand the motivation behind student problem behavior, it is useful to consider that problem behavior may be linked to either skill deficits (e.g., Charles cannot do double-digit addition) or performance deficits (e.g., Calvin has the ability, but does not comply with the cafeteria rules). In some cases, problem behavior may be related to both skill and performance deficits (e.g., Mary cannot read maps and is unsure how to ask for help during cooperative activities, though she is able to do so during independent seatwork).

Intervention plans and strategies that emphasize the skills students need in order to behave in a more appropriate manner or plans that motivate students to conform to expected behavioral standards are more effective than plans that attempt only to control behavior. Interventions based upon control often fail to generalize (i.e., continue to be used for long periods of time, in many settings, and in a variety of situations). Many times they serve only to suppress behavior, which may result in a child seeking to meet unaddressed needs in alternative, usually equally inappropriate ways. On the other hand, positive intervention plans that teach new ways of behaving address both the source of the problem and the problem itself.

When an IEP team has determined that a behavioral intervention plan is necessary, the team members generally use information about the problem behavior’s function, gathered from the functional behavioral assessment. A behavior support plan should include these seven components:

         Antecedent and setting event modifications

         Plans for behavioral/social skill acquisition (teaching new skills)

         Plans for reinforcing desired and/or socially appropriate behaviors

         Plans for reducing undesirable behaviors

         Plans for generalizing behavior/social skills

         Supports for team members

         Evaluation plan

 

The resulting behavioral intervention plan generally will not consist of simply one intervention; it will be a plan with a number of interventions designed to (a) teach the student more acceptable ways to get what he or she wants, (b) decrease future occurrences of the misbehavior; and (c) address any repeated episodes of the misbehavior. Most behavioral intervention plans are designed to teach the student a more acceptable behavior that replaces the inappropriate behavior, yet serves the same function (e.g., ways to gain peer approval through positive social initiations; ways to seek teacher attention through nonverbal signals). Since most plans will require multiple intervention options rather than a single intervention, however, IEP teams may want to consider the following techniques when designing behavior intervention plans, strategies, and supports:

Using these strategies, staff can develop a plan to both teach and support replacement behaviors that serve the same function as the current problem behavior.

 

 

4.09.03 Prohibited Procedures

The following actions or procedures are prohibited:

 

(1) engaging in conduct prohibited under section 121A.58;

(2) requiring a child to assume and maintain a specified physical position, activity, or posture that induces physical pain;

(3) totally or partially restricting a child's senses as punishment;

(4) presenting an intense sound, light, or other sensory stimuli using smell, taste, substance, or spray as punishment;

(5) denying or restricting a child's access to equipment and devices such as walkers, wheelchairs, hearing aids, and communication boards that facilitate the child's functioning, except when temporarily removing the equipment or device is needed to prevent injury to the child or others or serious damage to the equipment or device, in which case the equipment or device shall be returned to the child as soon as possible;

(6) interacting with a child in a manner that constitutes sexual abuse, neglect, or physical abuse under section 626.556;

(7) withholding regularly scheduled meals or water;

(8) denying access to bathroom facilities; and

(9) physical holding that restricts or impairs a child's ability to breathe.

MN Statute 125A.0942

4.09.04 Seclusion Procedures

Requirements

Before using a room for seclusion, a school must:

 

(i) receive written notice from local authorities that the room and the locking mechanisms comply with applicable building, fire, and safety codes; and

(ii) register the room with the commissioner, who may view that room.

MN Stat 125A.0942, sub. 3 (6)

 

Seclusion Room Specifications

Time-out procedures that seclude a student in a specially designated isolation room or similar space must meet the following conditions:

    (i) be at least six feet by five feet;

    (ii) be well lit, well ventilated, adequately heated, and clean;

    (iii) have a window that allows staff to directly observe a child in seclusion;

    (iv) have tamperproof fixtures, electrical switches located immediately outside the door, and secure ceilings;

    (v) have doors that open out and are unlocked, locked with keyless locks that have immediate release mechanisms, or locked with locks that have immediate release mechanisms connected with a fire and emergency system; and

    (vi) not contain objects that a child may use to injure the child or others.

MN Statue 125A.0942, Subd.3(5)

 

Districts with or who intend to use a seclusion room must register the room with the State of Minnesota. The district is strongly encouraged to contact the special education director for their district when an IEP team is considering planned seclusion as a part of a student's behavior plan.

4.09.05 Parental Right to Withdraw Consent

A parent has the right to withdraw consent for a behavior intervention plan at any time by notifying the program administrator or designee and the district must stop the procedure immediately. After parental consent is withdrawn and the procedure is stopped, the school must send written acknowledgment to the parent and request parental signature. If a parent's signature to withdraw consent cannot be obtained, the district must document is efforts to communicate and obtain the signature. Parents must be contacted within three school days to determine the need to convene the IEP team to consider a change in program or placement.

MN Rule 3525.2900, subp. 5(E)

 

When consent for a behavior intervention plan is withdrawn by a parent, the district must immediately take steps to obtain parental signature for the change. This documentation should be made through the use of the Prior Written Notice and Parental Consent/Objection form. Part of the proposal contained in the Prior Written Notice should be a request to hold an IEP team meeting to review the present program and address any changes to that program or placement based on the withdrawal of consent for the behavior intervention plan. The district is strongly encourage to contact their special education director for guidance.

 

Minnesota Department of Education

January 13, 2009

Q & A: Revocation of Parental Consent for the Provision of Special Education


The Minnesota Department of Education (MDE) Division of Compliance and Assistance has developed

this document to address questions raised by parents and school districts regarding the revocation of

parental consent for the provision of special education services.

 

 

II. IEP Notice Requirements and Procedural Safeguards

4.10 Prior Notice Requirements

Legal Citation

 

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 2


When 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:

A. 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;

B. 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

C. 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:

1. Description of the actions proposed by the district: Some possible examples include:

2. 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:

3. 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:

4. 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:

5. 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:

4.11 Parental Involvement and Consent

Legal Citations

4.11.01 Parent Attendance at IEP Meetings

The parents of a child with a disability must be afforded an opportunity to participate in meeting with respect to the identification, evaluation, and educational placement of the child; and the provision of FAPE to the child.

34 C.F.R. 300.501(b)(1)

Each district 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:

  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)

Minnesota Deptment of Education

January 13, 2009

Q & A:
Parental Rights Retained by Non-Custodial Parent

The Minnesota Department of Education (MDE) Division of Compliance and Assistance has developed this document to address questions raised by parents and school districts regarding the rights of a noncustodial

parent to participate in the Individual Education Plan (IEP) team process.

 

4.11.02 Notice of IEP Meetings and Subject Matter

Each district must provide notice to ensure that parents of children with disabilities have the opportunity to participate in meetings. A meeting does not include informal or unscheduled conversations involving district personnel and conversations on issues such as teaching methodology, lesson plans, or coordination of service provision. A meeting also does not include preparatory activities that district personnel engage in to develop a proposal or response to parent proposal that will be discussed at a later meeting.

34 C.F.R. 300.501(b)(2)-(3)

The notice must:

  1. Indicate the purpose, time, and location of the meeting and who will be in attendance; and

  2. Inform the parents of the provisions in 300.321(a)(6) and (c) (relating to the participation of other individuals on the IEP Team who have knowledge or special expertise about the child) and  300.332(f) (relating to the participation of the Part C service coordinator or other representatives of the Part C system at the initial IEP team meeting for a child previously served under Part C of the Act).

34 C.F.R. 300.322(b)(1)

For a child with a disability beginning not later than the first IEP to be if effect when the child turns 16 or younger if determined appropriate by the IEP Team the notice also must indicate:

  1. That a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the child; and

  2. That the district will invite the student; and

  3. Identifies any other agency that will be invited to send a representative.

34 C.F.R. 300.322(b)(2)

 

4.11.03 Parent Involvement in Placement Decisions

Each district must ensure that a parent of each child with a disability is a member of any group that makes decisions on the educational placement of the parent's child. In implementing the requirements of this section, the district must use procedures consistent with the procedures described in 300.322(a) through (b)(1).

34 C.F.E. 300.501(c)(1)-(2)

4.11.04 Facilitating Parent Participation in the IEP Process

A. Alternative Participation When a Parent is Unable to Attend the IEP Meeting

If  neither parent can participate in a meeting in which a decision is to be made relating to the educational placement of their child, the public agency must use other methods to ensure their participation, including individual or conference telephone calls, or video conferencing.

34 C.F.R. 300.501(c)(3)

B. Use of Interpreters and Other Actions to Ensure Parent Understanding

The district must take whatever action is necessary to ensure that the parent understands the proceedings of the IEP Team meeting, including arranging for an interpreter for parents with deafness or whose native language is other than English.

34 C.F.R. 300.322(e)

 

Federal laws and state rules require schools to inform all parents of their special education due process rights. This includes parents who do not speak English or who use another communication mode. This necessitates the use of translations and interpretations for parents who are not fluent in English. The underlying goal of federal laws and rules is to enable parents to provide informed consent. In order to give informed consent, parents must receive information in a manner that they can understand. Informed consent also increases school/parent cooperation and understanding. In order to meet the intent of the law, schools should think about both the language of the parent and the best methods of communication.

 

One method of communication is to use the written translations of due process materials. These are available by contacting the ASEC office. Parents, however, have varying abilities to speak and read their native language and English.  For example, some parents are highly literate in their native language but do not speak or read in English. These parents can benefit from translated forms. Other parents may speak some English as well as their native language but not read in either. Oral interpretation may be more meaningful to these parents. The district school social worker along with an interpreter may be a valuable resource to families as the special education process occurs.

The coop has sign language interpreters available to the districts when needed. If the district does not have an interpreter for a language other than English, they are encouraged to contact their director of special education for availability of interpreters.

The following are a variety of steps that schools can use to communicate with families and provide due process documentation.

 

Procedure

Documentation

1. Offer translations of written materials and oral interpretation to all parents when the home language questionnaire and other information indicate that the parents speak a language other then EnglishASEC has a sample form to document that translation and interpreting services were offered. It is also sufficient to place a written note in the special education file.
2. If parents are able to read in a language other than English, districts may comply with due process requirements by utilizing the translated forms. Provide oral interpretation at team meetings.Put copies of translated forms in due process file. Make note of the presence of an interpreter by including their name on due process forms where applicable or by noting their involvement in meeting notes.
3. If the parents are unable to read in their native language or in English, use oral interpretation. An interpreter should call or meet with the family to explain notices as they are sent out. In addition, an interpreter should attend meetings.There should be some form of documentation that written materials were interpreted into the native language. ASEC has a sample forms. Attach this form to an Evaluation Report or IEP. The interpreter should be listed on due process forms and in meeting notes. In addition, school are recommended to tape record oral interpretations so that parents can review the information as needed.
4. The Minnesota Dept. of Education web site has forms in a variety of languages. If parents are able to read in their native language but translated forms are not available, schools have two choices: (1) contract with an individual to prepare a written translation; (2) provide oral interpretation. See #2 and 3 above.
5. If parents are able to read and comprehend English and if they refuse the offer of translation and interpretation, districts may use English language materials.See item #1 above.

C. When a Meeting May be Conducted Without a Parent

A placement decision may be made by a group without the involvement of a parent, if the district is unable to obtain the parent's participation in the decision. In this case, the district must have a record of its attempt to ensure their involvement.

34 C.F.R. 300.501(c)(4)

 

A meeting may be conducted without a parent in attendance if the district is unable to convince the parents that they should attend. In this case, the district must keep a record of its attempts to arrange a mutually agreed on time and place.

34 C.F.R.300.322(d)

 

Every attempt must be made to include parents in meetings. When it becomes apparent that parental agreement to attend or parents do not attend a meeting previously agreed to, the district must document attempts to schedule or re-schedule, and hold the meeting prior to the end of the 30 school days for evaluation or prior to the lapse of the annual IEP date after notifying the parents of the districts intent to do so. The IEP team is strongly encouraged to not go beyond the due process time line as the student may be denied services or changes in services with such a delay. The IEP team should develop a proposed IEP and send to the parents along with a  Parental Consent/Objections form and Prior Written Notice indicating that the district is available to visit with the parent regarding any provisions of the proposed IEP.

 

One method for documenting attempts is mailing the Notice of a Team Meeting form to the parent. Other methods include documentation of phone calls, emails or special visits by the school social worker to get parental agreement to attend a meeting. The case manager is encouraged to document these attempts on the student activity log which is filed in the Learner File at the end of the year or use the Communication Log on SpEd Web.

4.11.05 Parental Consent

A. Definition of Parental Consent

Consent means that:

  1.  The parent has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or other mode of communication;

  2. The parent understands and agrees in writing to the carrying out of the activity for which his or her consent is sought, and the consent describes that activity and lists the records (if any) that will be released and to whom.

34 C.F.R. 300.9(a)-(b)

The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time. If a parent revokes consent, that revocation is not retroactive (i.e., it does not negate an action that has occurred after the consent was given and before the consent was revoked).

34.C.F.R. 300.9(c)

 

B. When Parental Consent is Required

A district that is responsible for making FAPE available to a child with a disability must seek to obtain informed consent from the parent of the child before the initial provision of special education and related services to the child. The district must make reasonable efforts to obtain informed consent from the parent for the initial provision of special education and related services to the child.

34 C.F.R. 300.300(b)

 

Parental consent for initial evaluation must not be construed as consent for initial provision of special education and related services

34 C.F.R. 300.300(a)(1)(ii)

 

The district must not proceed with the initial evaluation of a child, the initial placement of a child in a special education program, or the initial provision of special education services for a child without the prior written consent of the child's parent. A district may not override the written refusal of a parent to consent to an initial evaluation or reevaluation.

 MN Statue 125A.091, subd 5 

 

The notice must also 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 from or otherwise in writing within 14 calendar days after the receipt of the notice.

MN Rule 3525.3600(B)

 

C. Private Schools

If the private school or facility initiates and conducts these meetings, the district must ensure that the parents and a district representative are involved in any decision about the child's IEP; and agree to any proposed changes in the IEP before those changes are implemented.

34 C.F.R. 300.325(b)(2)

 

D. When Parental Consent is Refused

If the parent of a child fails to respond or refuses to consent to services, the district may not use the procedures in subpart E of this part (including the mediation procedures under 300.500 or the due process procedures under 300.507 though 300.516) in order to obtain agreement or ruling that the services may be provided to the child

34 C.F.R. 300.300(b)(3)

 

A district may not use a parent's refusal to consent to one service or activity to deny the parent or child any other service, benefit, or activity of the district.

34 C.F.R. 300.300(d)(3)

 

If the parent of the child refuses to consent to the initial provision of special education and related services, or the parent fails to respond to a request to provide consent for the initial provision of special education and related services, the district:

  1. will not be considered to be in violation of the requirement to make FAPE to the child for the failure to provide the child with the special education and related services for which the district requests consent; and

  2. is not required to convene an IEP team meeting or develop an IEP for the child for special education and related services for which the district requests such consent.

34 C.F.R. 300.300(b)(4)

4.11.06 Copies of the IEP to the Parent and the Resident District

 

The district must give the parent a copy of the child's IEP at not cost to the parent.

34 C.F.R. 300.322(f)

 

4.12 Reinstatement of Special Education Services

Legal Citation

Pupils who are discontinued from all special education services may be reinstated within 12 months. If the data on the pupil's present levels of performance are available and an evaluation had been conducted within three years, the district is not required to document two pre-referral interventions or conduct a new evaluation.

MN Rule 3525.3100

4.13 Granting A High School Diploma

Legal Citation

Upon completion of secondary school or the equivalent, a pupil with a disability who satisfactorily attains the objectives in the pupil's individual education plan must be granted a high school diploma that is identical to the diploma granted to a pupil without a disability.

MN Statute 125A.04

 

Minnesota Department of Education

November 19, 2008

Q & A:
High School Diplomas for Children with Disabilities

The Minnesota Department of Education (MDE) Division of Compliance and Assistance has developed this document to address questions raised by parents and school districts regarding high school diplomas for children with disabilities.

 

Minnesota Department of Education

November 19, 2008

Q & A:
Aging Out of Service

The Minnesota Department of Education (MDE) Division of Compliance and Assistance has developed this document to address questions raised by parents and school districts regarding Aging Out of Services.

 

Minnesota Department of Education

December 1, 2008

Q & A:
When a Child With a Disability Graduates from High School

The Minnesota Department of Education (MDE) Division of Compliance and Assistance has developed this document to address questions raised by parents and school districts regarding when a child with a disability graduates from high school.

 

III. General Individualized Family Service Plan (IFSP) Requirements New

Legal Citation

For each infant or toddler with a disability, the lead agency must ensure the development, review and implementation of an individualized family service plan or IFSP developed by a multidisciplinary team, which includes the parent, that:

  1. Is consistent with the definition of that term in 303.20; and

  2. Meets the requirements in 303.342 through 303.346 of this subpart

34 C.F.R. 303.340

 

In the case of a child with a disability aged three through five (or, at the discretion of the district, a two year old with a disability who will turn age three during the school year), the IEP Team must consider an IFSP that contains the IFSP content (including the natural environments statement) described in section 636(d) of the Act and its implementing regulations (including an educational component that promotes school readiness and incorporates pre-literacy, language, and numeracy skills for children with IFSPs under this section who are at least three years of age), and that is developed in accordance with the IEP procedures under this part. The IFSP, may serve as the IEP of the child, if using the IFSP as the IEP is:

  1. consistent with State policy; and

  2. agreed to by the district and the child's parents.

In implementing the requirements of this section, the district must:

  1. provide the child's parents with a detailed explanation of the differences between and IFSP and an IEP; and

  2. if the parents choose an IFSP, obtain written informed consent from the parents.

34 C.F.R. 300.323(b)

 

Each district or person who has a direct role in the provision of early intervention services is responsible for making a good faith effort to assist each eligible child in achieving the outcomes in the child's IFSP. However, Part C of the Act does not require that any agency or person be held accountable if an eligible child does not achieve the growth projected in the child's IFSP.

34 C.F.R. 303.346

 

The Interagency Early Intervention Committee must develop and implement interagency policies and procedures concerning the following ongoing duties:

  1. Assure the development of individualized family service plans for all eligible infants and toddlers with disabilities from birth through age two, and their families, and individual education plans and individual service plans when necessary to appropriately service children with disabilities, age three and older, and their families and recommend assignment of financial responsibilities to the appropriate agencies.

  2. implement a process for assuring that services involve cooperating agencies at all steps leading to individualized programs.

MN Statue 125A.30(b)(4)-(5)

 

The districts within the coop are a part of the Region 1 IEIC which is responsible for the development and implementation of interagency policies and procedures.

4.14 IFSP Team Meetings

4.14.01 Requirements for Meetings

Legal Citations

Procedures for IFSP Development, Review, and Evaluation New

 

Meeting to develop initial IFSP

 

For a child referred to the Part C program and determined to be eligible under this part as an infant or toddler with a disability, a meeting to develop the initial IFSP must be conducted within the 45-day time period described in 303.310.

 

Periodic Review

 

A review of the IFSP for a child and the child's family must be conducted every six months, or more frequently if conditions warrant, or if the family requests such a review. The purpose of the periodic review is to determine:

  1. The degree to which progress toward achieving the results or outcomes identified in the IFSP is being made; and

  2. Whether modification or revision of the results, outcomes, or early intervention services identified in the IFP is necessary.

The review may be carried out by a meeting or by another means that is acceptable to the parents and other participants.

 

Annual Meeting to Evaluate the IFSP

 

A meeting must be conducted on at least an annual basis to evaluate and revise, as appropriate, the IFSP for a child and the child's family. The results of any current evaluations and other information available from the assessments of the child and family conducted under 303.321 must be used in determining the early intervention services that are needed and will be provided.

 

Accessibility and Convenience of Meetings

  1. IFSP meetings must be conducted:

    1. In settings and at times that are convenient for the family; and

    2. In the native language of the family or other mode of communication used by the family, unless it is clearly not feasible to do so.

  2. Meeting arrangements must be made with, and written notice provided to, the family and other participants early enough before the meeting date to ensure that they will be able to attend.

Parental Consent

 

The contents of the IFSP must be fully explained to the parents and informed, written consent, as described in 303.7, must be obtained, as required in 303.420(a)(3) prior to the provision of early intervention services described in the IFSP. Each early intervention service must be provided as soon as possible after the parent provides consent for that service as required in 303.344(f)(1).

 

34 C.F.R. 303.342

 

Definition of Parent

 

a. Parent means:

  1.  A biological or adoptive parent of a child;

  2. A foster parent, unless State law, regulations or contractual obligations with a State or local entity prohibit a foster parent from acting as a parent (NOTE: in Minnesota, a foster parent is identified as a parent);

  3. A guardian generally authorized to act as the child's parent, or authorized to make early intervention, educational, health or developmental decisions for the child (but not the State if the child is a ward of the State);

  4. An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child's welfare; or

  5. A surrogate parent who has been appointed in accordance with 303.422 or section 639(a)(5) of the Act.

b.1  Except as provided in paragraph (b)(1) of this section, the biological or adoptive parent, when attempting to act as the parent under this part and when more than one party is qualified under paragraph (a) of this section to act as a parent, must be presumed to be the parent for purposes of this section unless the biological or adoptive parent does not have legal authority to make educational or early intervention service decisions for the child.

 

2. If a judicial decree or order identifies a specific person or persons under paragraphs (a)(1) through (a)(4) of this section to act as the "parent" of a child or to make educational or early intervention service decisions on behalf of a child, then the person or persons must be determined to be the "parent" for purposes of Part C of the Act, except that if an EIS provider or a public agency provides any services to a child or any family member of that child, that EIS provider or public agency may not act as the parent for that child.

 

34 C.F.R.303.27

 

Native Language

 

Native language, when used with respect to an individual who is limited English proficient or LEP means:

  1. The language normally used by that individual, or, in the case of a child, the language normally used by the parents of the child, except as provided in paragraph (a)(2) of this section; and

  2. For evaluation and assessments conducted pursuant to 303.321(a)(5) and (a)(6) the language normally used by the child, if determined developmentally appropriate for the child by qualified personnel conducting the evaluation or assessment.

Native language when used with respect to an individual who is deaf or hard of hearing, blind or visually impaired, or for an individual with no written language, means the mode of communication that is normally used by the individual (such as sign language, braille, or oral communication

 

34 C.F.R. 303.25

 

Federal laws and state rules require schools to inform all parents of their special education due process rights. This includes parents who do not speak English or who use another communication mode. This necessitates the use of translations and interpretations for parents who are not fluent in English. The underlying goal of federal laws and rules is to enable parents to provide informed consent. In order to give informed consent, parents must receive information in a manner that they can understand. Informed consent also increases school/parent cooperation and understanding. In order to meet the intent of the law, schools should think about both the language of the parent and the best methods of communication

One method of communication is to use the written translations of due process materials. These are available by contacting the ASEC office. Parents, however, have varying abilities to speak and read their native language and English.  For example, some parents are highly literate in their native language but do not speak or read in English. These parents can benefit from translated forms. Other parents may speak some English as well as their native language but not read in either. Oral interpretation may be more meaningful to these parents. The district school social worker along with an interpreter may be a valuable resource to families as the special education process occurs.

The coop has sign language interpreters available to the districts when needed. If the district does not have an interpreter for a language other than English, they are encouraged to contact their director of special education for availability of interpreters.

The following are a variety of steps that schools can use to communicate with families and provide due process documentation.

 

Procedure

Documentation

1. Offer translations of written materials and oral interpretation to all parents when the home language questionnaire and other information indicate that the parents speak a language other then EnglishContact ASEC for a sample form to document that translation and interpreting services were offered. It is also sufficient to place a written note in the special education file.
2. If parents are able to read in a language other than English, districts may comply with due process requirements by utilizing the translated forms. Provide oral interpretation at team meetings.Put copies of translated forms in due process file. Make note of the presence of an interpreter by including their name on due process forms where applicable or by noting their involvement in meeting notes.
3. If the parents are unable to read in their native language or in English, use oral interpretation. An interpreter should call or meet with the family to explain notices as they are sent out. In addition, an interpreter should attend meetings.There should be some form of documentation that written materials were interpreted into the native language. Contact ASEC for sample forms. Attach this form to an Evaluation Report or IFSP. In addition, the interpreter should be listed on due process forms and in meeting notes. In addition, school are recommended to tape record oral interpretations so that parents can review the information as needed.
4. If parents are able to read in their native language but translated forms are not available, schools have two choices: (1) contract with an individual to prepare a written translation; (2) provide oral interpretation.See #2 and 3 above.
5. If parents are able to read and comprehend English and if they refuse the offer of translation and interpretation, districts may use English language materials.See item #1 above.

 

ASEC Service Model

ASEC believes parents are their child's most important teacher in the first three years of life. Families of children who meet the special education criteria for children age birth to 3, require a strong support system to best meet the needs of their child. ASEC uses the Routine Based Intervention model for intervention which  is focused on the family, on functioning in everyday routines, and on a primary provider approach to intervention.

4.14.02 IFSP Team Members

Initial meeting and annual IFSP Team meeting to evaluate the IFSP must include the following participants:

  1. The parent or parents of the child;

  2. Other family members, as requested by the parent, if feasible to do so;

  3. An advocate or person outside of the family, if the parent requests that the person participate;

  4. The service coordinator designated by the district to be responsible for implementing the IFSP;

  5. A person or persons directly involved in conducting the evaluations and assessments; and

  6. As appropriate, persons who will be providing early intervention services to the child or family.

If a person listed in this paragraph is unable to attend a meeting, arrangements must be made for the person's involvement through other means, including:

  1. Participating in a telephone conference call;

  2. Having a knowledgeable authorized representative attend the meeting; or

  3. Making pertinent records available at the meeting.

34 C.F.R.303.343(a)

 

Periodic Review

Each periodic review must provide for the participation of persons (see above) If conditions warren, provision must be made for the participation of other representatives identified in paragraph (a) of this section.

 

34 C.F.R. 303.343 (b)

 

The Minnesota Department of Education (MDE) has provided clarification that administrator representation at IFSP meetings is not a requirement. If there are anticipated issues or concerns that may require the expenditure of dollars or deal with a due process question, the case manager is encourage to invite a special education director to the meeting.

4.14.03 Required Content of IFSP

A. Information about the Child's Status

The IFSP must include a statement of the infant or toddler with a disability's present levels of physical development (including vision, hearing, and health status), cognitive development, communication development, social or emotional development, and adaptive development based on information from that child's evaluation and assessments.

 

34 C.F.R. 303.344(a)

B. Family Information

With the concurrence of the family, the IFSP must include a statement of the family's resources, priorities, and concerns related to enhancing the development of the child as identified through the assessment of the family under 303.321(c)(2).

 

34 C.F.R. 303.344(b)

 

Because an IFSP is a family document it is critical to understand what priorities and concerns family has. Family issues and concerns are identified through conducting a routines based assessment either during the initial evaluation and updated yearly thereafter. Family resources and supports are often stretched when a child is identified with a disability. Conducting a family needs assessment, with the agreement of the parents, will assist the IFSP team in connecting the family with the appropriate resources.

C. Results or Outcomes

The IFSP must include a statement of the measurable results or measurable outcomes expected to be achieved for the child (including pre-literacy and language skills, as developmentally appropriate for the child)  and family, and the criteria, procedures, and timelines used to determine:

  1. the degree to which progress toward achieving the results or outcomes identified in the IFSP is being made; and

  2. whether modification or revision of the expected results or outcomes or early intervention services identified in the IFSP are necessary.

34 C.F.R. 303.344(c)

 

D. Early Intervention Services

 

The IFSP must include a statement of the specific early intervention services, based on peer-reviewed research (to the extent practicable, that are necessary to meet the unique needs of the child and the family to achieve the results or outcomes including:

  1. The length, duration, frequency, intensity, and method of delivering the early intervention services;

  2. A statement that each early intervention service is provided in the natural environments for that child or service to the maximum extent appropriate, or a justification as to why an early intervention service will not be provided in the natural enviornment;

34 C.F.R. 303.344(d)

 

 

E. Environmental Statement

 

The determination of the appropriate setting for providing early intervention services to an infant or toddler with a disability, including any justification for not providing a particular early intervention service in the natural environment for that infant or toddler with a disability and service, must be:

  1. Made by the IFSP Team (which includes the parent and other team members);

  2. Consistent with the provision in 303.12(a)(8) and 303.126; and

  3. Based on the child's outcomes that are identified by the IFSP Team in paragraph (c) of this section:

    1. The location of the early intervention services; and

    2. The payment arrangements, if any.

34 C.F.R. 303.344

 

To the maximum extent appropriate to the needs of the child, early intervention services must be provided in natural environments, including the home and community settings in which children without disabilities participate.

34 C.F.R. 303.12(b)

 

Preference shall be given to providing special instruction and services to children under age three and their families in the residence of the child with the parent or primary caregiver, or both, present.

 

MN Statue 125A.05(b)

 

F. Starting Date and Duration of Services

Frequency and intensity mean the number of days or sessions that a service will be provided, and whether the service is provided on an individual or group basis;

 

Method means how a service is provided;

 

Length means the length of time the service is provided during each session of that service (such as an hour or other specified time period); and

Duration means projecting when a given service will no longer be provided (such as when the child is expected to achieve the results or outcomes in his or her IFSP).

 

34 C.F.R. 303.344(f

 

Whenever possible, and with the agreement of the parents, services should start within a reasonable time of the IFSP meeting. Reasonable would generally be within a few weeks of the meeting. If extenuating circumstances occur the prevent services from starting in a timely manner, the reason for the delay must be documented  and reported on the October data collection by the State.

 

G. Service Coordinator

The IFSP must include the name of the service coordinator from the profession most immediately relevant to the child's or family's needs (or who is otherwise qualified to carry out all applicable responsibilities under this part) who will be responsible for implementing the early intervention services identified in a child's IFSP including transition services, and coordination with other agencies and persons. In meeting these requirements the term "profession" includes "service coordination."

 

34 C.F.R. 303.344

 

The team developing the IFSP under Minn. Stat.125A.32, must select a service coordinator to carry out service coordination activities on an interagency basis. Service coordination must actively promote a family's capacity and competency to identify, obtain, coordinate, monitor and evaluate resources and services to meet the family's needs. Service coordination activities include:

  1. coordinating the performance of evaluations and assessments;

  2. facilitating and participating in the development, review, and evaluation of individualized family service plans;

  3. assisting families in identifying available service providers;

  4. coordinating and monitoring the delivery of available services;

  5. informing families of the availability of advocacy services

  6. coordinating with medical, health, and other service providers;

  7. facilitating the development of a transition plan at least 90 (calendar) days before the time the child is no longer eligible for early intervention services, if appropriate;

  8. managing the early intervention record and submitting additional information to the local primary agency at the time of periodic review and annual evaluation; and

  9. notifying a local primary agency when disputes between agencies impact service delivery required by an IFSP.

MN Stat. 125A.33(a)

A service coordinator must be knowledgeable about children and families receiving services under this section, requirements of state and federal law, and services available in the interagency early childhood intervention system.

MN Stat. 125A.33(b)

H. Transition to Preschool Services

The IFSP must include the steps and services to be taken to support the smooth transition of the child from Part C service to:

  1. Preschool services under Part B of the Act to the extent that those services are appropriate; or

  2. Part C services under 303.211; or

  3. Other appropriate services.

The steps required include:

  1. Discussions with, and training of, parents, as aprropriate, regarding future placements and other matters related to the child's transition;

  2. Procedures to prepare the child for changes in service delivery, including steps to help the child adjust to, and function in, a new setting;

  3. Confirmation that child find information about the child has been transmitted to the district or other relevant agency and with parental consent if required under 303.414, transmission of additional information need by the district to ensure continuity of services from the Part C program to the Part B program, including a copy of the most recent evaluation and assessments of the child and the family and most recent IFSP.*

  4. Identification of transition services and other activities that the IFSP Team determines are necessary to support the transition of the child.

34 C.F.R. 303.344

*Because Minnesota districts provide preschool services from birth through age 5, step number 3, above, is not an issue.

  1. Transition Conference for Child Eligible for Preschool Services

If a toddler with a disability may be eligible for preschool services under Part B of the Act, the lead agency, with the approval of the family of the toddler, convenes a conference ... not fewer 90 days, and at the discretion of all parties, up to nine months- before the toddler's  third birthday to discuss any services that the toddler may receive under Part B of the Act.

 

34 C.F.R. 303.209(1)

  1. Transition Conference for Child Not Eligible for Preschool Services

If the lead agency determines that a toddler with a disability is not potentially eligible for preschool services under Part B of the Act, the lead agency, with the approval of the family of that toddler, makes reasonable efforts to convene a conference among the lead agency, the family, and providers of other appropriate services for the toddler to discuss the appropriate services that the child may receive.

 

34 C.F.R. 303.209 (2)

 

Some possible agencies or services that might be appropriate for children who are not eligible for special education services include:

Documentation of timely transition planning occurs on the IFSP and is also tracked monthly through generating a transition planning report from SpEd Forms that identifies children who are within 2 years 3 months of turning age 3.. After the transition planning conference has occurred the case manager notifies the district MARSS secretary of the date of the transition conference.

 

I. Other Services

To the extent appropriate, the IFSP must identify:

  1. Medical and other services that the child needs, or is receiving through other sources, but that are neither required nor funded under this part; and

  2. if those services are not currently being provided, include a description of the steps the service coordinator or family may take to assist the child and family in securing those other services.

34 C.F.R. 303.344(e)

 

The IFSP must include: medical and other services that the child needs, but that are not required under IDEA at 20 U.S.C. 1471 et seq.(Part C, Public Law 102-119) including funding forces to be used in paying for those services and the steps that will be taken to secure those services through public or private sources.

 

MN Stat 125A.32(b)(6)

 

J. Payment Arrangements

The IFSP must include: payment arrangements, if any.

 

MN Statue 125A.32(b)(5)

 

School special education services are provided to the child and family at no cost to the family.  Other agency service may be provided through agency sources or at times through medical assistance or private insurance. Those services should indicate the payment arrangement on the IFSP. Generally it is the responsibility of the agency providing the services to indicate on the IFSP the payment arrangements.

 

K. Signatures

The IFSP must include: signature of the parent and authorized signatures of the agencies responsible for providing paying for, or facilitating payment, or any combination of these for early intervention services.

 

MN Statue 125A.32(b)(10)

 

Obtaining the agency signatures authorizing payment is often difficult as the IFSP services page is generally not completed until after the IFSP team meeting and/or the authorizing individual is not at the IFSP meeting. The case manager should attempt to facilitate or coordinate the signatures for service authorization, however it is ultimately the responsibility of the providing agencies to obtain the appropriate signatures necessary for their services.

4.15 Implementation of the IFSP

Legal Citation

In the case of a child with a disability aged three through five (or, at the discretion of the State, a two-year-old child with a disability who will turn age three during the school year), the IEP Team must consider an IFSP that contains the IFSP content (including the natural environments statement) described in section 636(d) of the Act and its implementing regulations (including an educational component that promotes school readiness and incorporates pre-literacy, language, and numeracy skills for children with IFSPs under this section who are at least three years of age), and that is developed in accordance with the IEP procedures under this part. The IFSP, may serve as the IEP of the child, if using the IFSP as the IEP is:

  1. Consistent with State policy; and

  2. Agreed to by the agency and the child's parents.

In implementing these requirement  the district must:

  1. Provide to the child's parents a detailed explanation of the differences between and IFSP and an IEP; and

  2. If the parents choose an IFSP, obtain written informed consent from the parents.

343 C.F.R. 300.323(b)

In Minnesota the Individual Interagency Intervention Plan (IIIP) contains the components of both the IEP and the IFSP. In those situations where there are multiple agencies providing services to the child and family that will be continuing after age three, the IIIP would accomplish the intent of either situation.

 

4.16.01 Parent Consent for IFSP

The contents of the IFSP must be fully explained to the parents and informed written consent from the parents must be obtained prior to the provision of early intervention services described in the plan. If the parents do not provide consent with respect to a particular early intervention service or withdraw consent after first providing it, that service may not be provided. The early intervention services to which parental consent is obtained must be provided.

34 C.F.R. 303.342(e)

 

The early intervention process can be rather overwhelming at times for parents. There is a great deal of information presented to them at the time of the IFSP meeting and the process for receiving services can be confusing to those individuals not familiar with schools. Generally it is recommended that the case manager arrange to meet with the parents at a later date to go over the finalized IFSP and evaluation report in order to answer any questions in a more relaxed setting prior to obtaining consent for services.

 

If consent is not given, the district shall make reasonable efforts to ensure that the parent:

  1. Is fully aware of the nature of the evaluation and assessment or the services that would be available; and

  2. Understands that the child will not be able to receive the evaluation and assessment or services unless consent is given.

34 C.F.R. 303.404(b)

4.16.02 IFSP Timelines

Within 45 days after it receives a referral, the district shall:

  1. Complete the evaluation and assessment activities; and

  2. Hold an IFSP meeting in accordance with 303.342.

34 C.F.R. 303.321(e)(2)

 

For a child who has been evaluated for the first time and determined to be eligible, a meeting to develop and initial IFSP must be conducted within the 45 day time period.

34 C.F.R. 303.342(a)

 

The ASEC has a Birth to Three evaluation team consisting of a school psychologist, an early childhood special education teacher, and others as appropriate. The B-3 team is available for referrals year around. This team makes every effort to complete assessments and hold the IFSP team meeting within the 45 day timeline. Occasionally there are extenuating factors (i.e., illness or hospitalization of the child, unavailability of parent, etc.) that cause either the evaluation or the date of the IFSP to go over 45 days. At those times the team records the reasons for delay which are submitted to MDE during the October reporting time period. The system is continually in review to identify areas for system change as needed.

 

4.16.03 IFSP Periodic Review

A review of the IFSP for a child and the child's family must be conducted every six months, or more frequently if conditions warrant, or if the family requests such a review. The purpose of the periodic review is to determine:

  1. the degree to which progress toward achieving the outcomes is being made; and

  2. Whether modification or revision of the outcomes or services is necessary.

The review may be carried out by a meeting or by other means that is acceptable to the parents and other participants.

34 C.F.R. 303.342(b)

 

 

Minnesota Department of Education

May 2009

Q & A: Individualized Family Service Plan (IFSP): Statement on Reporting Progress

The Minnesota Department of Education (MDE) Division of Compliance and Assistance has developed

this document to address questions raised by parents and school districts regarding Individual Family Service Plan (IFSP) and reporting progress statements.

 

 

4.16.04 IFSP Annual Review

A meeting must be conducted on at least an annual basis to evaluate the IFSP for a child and the child's family and, as appropriate, to revise its provisions. The results of any current evaluations conducted and other information available from the ongoing assessment of the child and family, must be used in determining what services are needed and will be provided.

34 C.F.R. 303.342(c)

4.17 Interim IFSP

Early intervention services for an eligible child and the child's family may commence before the completion of the evaluation and assessment, if the following conditions are met:

  1. Parental consent is obtained;

  2. An interim IFSP is developed that includes:

    1. The name of the service coordinator who will be responsible, for the implementation of the interim IFSP and coordination with other agencies and persons; and

    2. The early intervention services that have been determine to be needed immediately by the child and the child's family.

  3. The evaluation and assessment are completed within the time period required in 303.322(e).

34 C.F.R. 303.345

 

Examples of some possible situations that might suggest an interim IFSP include:

 

Updated December 15, 2010