M AKING C ONNECTIONS. For more about identifying students with disabilities, see the Defined sections of Chapters 3 13.

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1 Smith Ch 02 4/1/05 8:00 AM Page 56 normal child development may be delayed. All of these indicators can result in the referral of an infant or toddler to special education. For schoolchildren, referral usually begins when the general education teacher becomes concerned about a particular student s behavior or academic achievement. Candidates for referral are students whose academic performance is significantly behind that of their classmates or who continually misbehave and disrupt the learning environment. Students who are thought to be gifted and talented because of their accelerated academic performance or high levels of creativity may also experience the IEP process. Although education of the gifted is not included in IDEA, many states follow the requirements of IDEA and develop IEPs for gifted students just as they do for students with disabilities. For more about identifying students with disabilities, see the Defined sections of Chapters Step 3: Evaluation The purpose of this step in the IEP process is to determine whether a youngster has a disability, whether special education is required, and what types of special or related services are needed. Evaluations must be conducted by multidisciplinary teams and must assess the student s strengths and needs. If a child is suspected of having a language impairment, an SLP should be a member of the multidisciplinary team. If there may be a hearing problem, an audiologist must be a team member, and so on. All information provided by the parents must be considered by the multidisciplinary team. In many states, the team leader is a school psychologist, an educational diagnostician, or a psychometrician. Many different types of data are used to inform the team about the student s abilities. Medical history, information about social interactions at school and at home, adaptive behavior in the community, educational performance, and other relevant factors are considered. Evaluations must include an array of assessment instruments and procedures. Formal tests tests of intelligence, academic achievement, acuity (vision and hearing), and learning style and less formal assessments classroom observations of social behavior, curriculum based measurements (CBM), and samples of academic performance may be used as well. Information should also be collected about the individual s major life activities: how the child performs at home, at school, in interpersonal relationships, and during leisure time. Thus evaluations may also include interviews of extended family members and of others who know the child well. Because of the potentially negative effect on the individual and the family if an individual is incorrectly identified as having a disability, IDEA is quite specific, stressing that tests must be given in whatever language or form that will yield the most accurate information on the child s abilities. The team must give considerable weight to samples of students classroom work, CBM summaries, and teachers descriptions of social behavior. The details of the identification procedure are established by each state, and teams of professionals must be involved in establishing that process to ensure that the procedures adopted represent the points of view of all culturally and linguistically diverse groups. In all cases, evaluation should contribute to the development of an appropriate education for those students identified as having disabilities. The information gathered about the child during this stage is used throughout the rest of the process. Assessment is the foundation of the planning process. The team s thinking and planning should focus on life goals and outcomes so that instruction will be relevant to the individual s long-term needs (living independently, holding a job, participating in the community). And the result should be a baseline of performance that guides the development of the individualized education program and will later be used to judge the effectiveness of the educational program that was implemented. Step 4: Eligibility The assessment process first identifies whether a student has a disability and then classifies that disability (mental retardation, learning disabilities, emotional or behavioral disorders, low vision or blindness, deafness or hard of hearing, speech or language impairment). Although IDEA and its regulations, which 56 CHAPTER 2 Individualized Special Educational Programs

2 Smith Ch 02 4/1/05 8:00 AM Page 57 were prepared by the U.S. Department of Education, provide definitions of the special education categories, each state has written its own definitions. Typically, children who are younger than 5 years old are not assigned to a disability category, and not using disability or special education categories for mild disabilities (high incidence disabilities) is being suggested (Finn, Rotherham, & Hokanson, 2001). Regardless, once it is determined that a child has a disability be it mental retardation, a learning disability, or an emotional or behavioral disorder the IEP committee needs to determine whether the child also needs special education. IEP Team Members The IEP Team must include: Step 5: Development of the IEP What happens next? A very few of the children who are tested are ineligible for special services because they do not meet the criteria set by individual states (Algozzine, Ysseldyke, & Christenson, 1983; Kroth, 1990). These youngsters continue to be served by general education. Special education is intended only for those students with disabilities. For them, the next step requires decisions about appropriate education, services, and placement. The assessment results are used to help make these decisions. It is at this point that the IEP Team begins its work. Representation on the IEP Team is specified by IDEA (see the What IDEA Says box). Collectively, the members should be knowledgeable about the student, the resources and services available from the school district, the general education curriculum, implications of evaluation results, and the IEP process. At least one team member should be prepared to explain the process and the student s IEP goals and objectives to the parents. If an interpreter is needed for a family that is not proficient in English, one must be provided. Now is the time when the parents, the child (if appropriate), and the IEP Team meet to set goals and objectives, to establish benchmarks (for students taking alternate assessments), and to determine what services are necessary to meet the needs of the child. They design the constel-lation of services and supports that will become part of the student s appropriate education. Step 6: Implementation of the IEP After development of the IEP, the student s services and individualized program begin. Of course, minor changes in students goals and objectives, or in the benchmarks that indicate their achievement, do not signal a need for a new IEP or another IEP meeting. The annual IEP meeting sets the stage for a productive year, and no other meetings are necessary. However, any major change in the student s program or placement does require written notification of the parents and may necessitate a meeting. Most actions related to discipline fall into the category of major change. For students with disabilities who exhibit disruptive or dangerous behaviors, implementation of the IEP can become more challenging (Katsiyannis & Maag, 1998). School personnel must consider each case individually, and consider any unique circumstances when dealing with violations of student conduct codes. School officials can, for no more than 10 school days, remove a student to an interim alternative educational setting (IAES), another setting, or even suspend the student to the same extent as those consequences are applied to students without disabilities. Within the 10 school days allowable under IDEA, the parents, school representatives, and IEP team members must meet to determine if the conduct in question was either a direct result of the student s disability or the school s failure to properly What IDEA 04 Says About At least one general education teacher (if the student is participating in general education) At least one special educator or related service provider A representative of the school district Someone to interpret the instructional implications of the assessment results The parents The student (if appropriate) Other people whom the school or parents invite Individualized Special Education Programs 57

3 Smith Ch 02 4/1/05 8:00 AM Page 58 implement the IEP manifestation determination. If the behavior is not determined to be a manifestation of the disability, then the same disciplinary actions that are applicable to students without disabilities may apply, but the educational services specified in the IEP must continue to be provided to the student, in order to ensure progress toward IEP goals and participation in the general education curriculum. In the case of manifestation determination, the IEP team must: (a) review the current behavioral intervention plan and make necessary modifications, or (b) perform a functional behavioral assessment and use the results to develop a behavioral intervention plan (if no current plan exists). The student can then be returned to the original placement, or the IEP team may modify the behavioral intervention plan to change the students placement to a more restrictive setting. For violations involving weapons, drugs, or the infliction of serious bodily injury, a student can be placed in an IAES for or up to 45 school days, regardless of whether manifestation determination applies. The school or the parents may request an appeal if either party disagrees with the disciplinary or placement decisions. In such a case, an expedited hearing must be held within 20 school days of the hearing request, and a decision must be reached within 10 school days after the hearing. The parents are entitled to their procedural safeguards (resolution session, mediation, due process hearings, and civil action) if disagreements continue. The preschool at the John F. Kennedy Center at Vanderbilt University named after Susan Gray, a pioneer in the Head Start movement remains an active research center. Here, young children with and without disabilities learn together. Step 7: Annual Review The IEP is reviewed annually by the IEP Team and the parents. The purpose of the annual review meeting is to be sure the student is meeting the goals and objectives specified in the IEP. Evaluation is conducted to determine whether the student has achieved or at least is making progress. IDEA 04 is supporting a pilot program of 15 states to test the impact of changing the annual review to a review conducted every three years. Regardless, goals must reflect tasks and skills that the student needs to learn to have greater success with the general education curriculum or for independence and a community presence later in life. Although the IEP process requires only an annual review, the individualized program whether it is for an infant or toddler (an IFSP) or a schoolchild (an IEP) must include frequent evaluations of student performance. A student s individualized program is typically evaluated to guide instruction and to be sure the interventions scheduled are effective; ongoing and frequent assessments in the curriculum are used for these purposes, and to reevaluate the continuing needs of the student. As the student grows and learns, the educational decisions made one year may not be the best for the ensuing years. At the time of the annual review, a new program is developed. Decisions about placement, supportive services, and the goals and objectives for the upcoming year are made. In some cases, a child s progress may have been so great that special services are no longer required. In other cases, the degree of special services may change. For example, a child s progress may indicate that only periodic support from a special educator is necessary to maintain growth and continued progress. In other cases, more intensive special services may be needed. For example, a student with an emotional or behavioral disorder may have been placed in a resource room under a behavior management program. If the student showed insufficient progress 58 CHAPTER 2 Individualized Special Educational Programs

4 Smith Ch 02 4/1/05 8:00 AM Page 59 IFSP Individualized Family Service Plan IEP Individual Education Program IEP + Transition IEP with transition service needs Figure 2.4 The Individualized Education Sequence over the year, this student may need to spend at least part of the upcoming year in a self-contained special education class taught by a teacher who is specially trained to work with children with emotional or behavioral disorders. What are the different kinds of individualized education plans? IDEA specifies that an individualized family service plan (IFSP) be developed for each infant and toddler with disabilities and that an individualized education program (IEP) be developed for all preschool through high school students (students between ages 3 and 21) with disabilities. Older children s IEPs specify the services necessary to help them make successful transitions from school to work. The transition component is initiated at age 16 and continues until the student leaves the public schools. Figure 2.4 shows how these plans fall into a sequence. Let s now look at the IFSP in a little more detail. Individualized Family Service Plans (IFSPs) Infants or toddlers (birth through age 2) who have disabilities or are at risk for disabilities were originally guaranteed the right to early intervention programs through PL , which was passed in 1986, and that right continues through IDEA. Children who are age 3 or older receive an IEP and are served through school districts. The process starts with referral and assessment and, for those who qualify for services, results in development of the plan drawn up by the IFSP. The required contents of the IFSP differ somewhat from those of plans for older children. One key difference is that, like all individualized programs, the plan is evaluated once a year, but the IFSP must also be reviewed with the family every 6 months. The key components of the IFSP include the following descriptions: The child s current functioning levels in all relevant areas (physical development, cognitive development, language and speech development, psychosocial development, and self-help skills) The family s strengths and needs, to assist them in enhancing the development of their child The major outcomes expected, including criteria, procedures, and a time line, so that progress can be evaluated The services necessary and a schedule for their delivery Projected dates for initiation of services The name of the service manager Individualized Special Education Programs To review the IDEA laws, see Table 1.2 in Chapter 1. 59

5 Smith Ch 02 4/1/05 8:00 AM Page 60 For more about early intervention services, see the Early Childhood Education sections in Chapters A biannual review with the child s family of progress made and of any need for modifications in the IFSP Indication of methods for transitioning the child to services available for children ages 3 to 5 To many service managers and early childhood specialists, the IFSP is a working document for an ongoing process in which parents and specialists work together, continually modifying, expanding, and developing a child s educational program. Children and families who participate in early intervention programs often find these years to be an intense period, with many professionals offering advice, training, guidance, personalized services, and care and concern. The transition to preschool at the age of 3 can be particularly difficult and frightening, so IDEA includes transition efforts for these youngsters and their families (CEC, 1999). Individualized Education Programs (IEPs) The IEP is a management tool designed to ensure that schoolchildren with special needs receive the special education and related services appropriate to their needs. First required in 1975 by PL , the IEP remains a cornerstone of every educational program planned for each student with a disability. Congress delineated the minimal contents of the IEP, and it is important that every educator know these key components (CEC, 1999; U.S. Department of Education, 1999; IDEA 04): The student s present levels of educational performance Indications about ways in which the student s disability influences participation and progress in the general education curriculum Statement of measurable annual goals, including academic and functional goals that enable participation in the general education curriculum, as well as to meeting other educational needs resulting from the disability Specific educational services to be provided, including program modifications or supports that will allow participation in the general education curriculum and in extracurricular activities Explanation of the extent to which the child will not participate in general education classes and extracurricular activities with nondisabled peers Description of accommodations in statewide or district-wide assessments (if the student will not be participating, a statement of the reasons for that nonparticipation and of how the student will be assessed must be included) Projected date for initiation of services Expected frequency, location, and duration of those services At age 16, postsecondary goals in the areas of training, education, employment, and independent living skills; transition services needed to help student reach those goals; and information on the child s rights that will transfer upon reaching the age of maturity. Statement of how the student s progress will be measured and how parents will be informed about the progress for at least the same grade-reporting periods as apply to nondisabled peers, as well as how parents will be informed about annual progress made on the IEP. Five important principles should be followed when developing and implementing IEPs (Bateman & Linden, 1998). These principles are included in the law and have been verified and supported through hundreds of rulings from a variety of agencies and the courts. First, all of the student s needs must be met, not just a selected few. Academic areas may be reflected, but so may areas not typically part of educational programs for students without disabilities (e.g., fine and gross motor skills and functional life skills). Second, whether services are available does not determine whether they are included on the IEP. If a student needs the services of an 60 CHAPTER 2 Individualized Special Educational Programs

6 Smith Ch 02 4/1/05 8:00 AM Page 61 assistive technologist, those services shall be made available. Third, the services that the IEP indicates must be provided. Through this process, they become legally binding. They cannot be denied without another IEP meeting and mutual approval by the family and the school district. Fourth, the IEP should be individually determined. Not all students who require the services of an SLP, for example, need have identical IEPs. A fifth important principle should be followed when implementing IEPs: Their contents should be communicated to everyone who should have the information. Too often teachers do not know what the student s IEP comprises, and at the secondary level, many general education teachers of specific students with disabilities do not even know that they have an IEP that spells out accommodations and modifications that should be made (Bateman & Linden, 1998; Lovitt, Cushing, & Stump, 1994; Pautier, 1995). This situation leads one to ask how an appropriate education can be delivered when the educators who interact with students with disabilities do not even know what services, goals, and objectives their education should include. The answer is obvious. An appropriate education cannot be delivered under these circumstances. At least some modifications in instruction and some accommodations in the learning environment are required even for those with the mildest disabilities. Although IEPs are part of the students school records, they are available to those educators who have legitimate educational reasons for consulting them (Bateman & Linden, 1998). IEP Component for Transitional Services IDEA included some changes related to transitional services and adolescents with disabilities. Guidelines about transition were initiated in PL , the 1990 amendments to IDEA, and were expanded in the 1997 and 2004 reauthorizations (see the What IDEA 04 Says box). The law stresses the importance of vocational and life skills for these individuals, and it ensures that transitional services are provided throughout the school years (NICH- CY, 1998; Patton & Blalock, 1996). Beginning at age 16 and every year thereafter, students IEPs must include a statement of transitional services. Transition services include assessments on education, employment, and, if necessary, independent living skills. The IEP Team uses the assessment results to develop appropriate postsecondary goals and training opportunities for the student. The transition plan lays a framework for any training or courses of study that a student needs for successful outcomes such as independent living or employment. A summary of the student s accomplishments and transition needs is provided upon departure from secondary school, along with report cards for those whose IEPs stipulate their use. The summary, along with the transition plan, provides useful information to vocational rehabilitation counselors, who assume responsibility for many students with disabilities when they leave the public school system. These counselors can use the information provided to better prepare these students for community living or the world of work, facilitating the process of becoming independent. The transition component supplements and complements the school based IEP process. Whereas the IEP describes the educational goals and objectives that a student should achieve during a school year, the transitional services part of the IEP addresses the skills and the supportive services that will be required in the future (being able to shop, make leisure time choices, and cooperate with co-workers). It ensures that the Transition Services The IEP in effect when a child turns 16 must See the Transition Through Adulthood sections in Chapters What IDEA 04 Says About Include postsecondary goals that are appropriate, measurable, and based upon the results of transition evaluations in the areas of training, education, employment, and independent living skills (when appropriate) List transition services and necessary coursework required to help the student meet those goals Include (at least 1 year prior to reaching the age of majority) a statement that the student has been informed about the rights that he or she has upon attaining the age of majority Be updated annually thereafter Individualized Special Education Programs 61

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