1 You supply the passion & dedication. IEP AMENDMENTS AND IEP CHANGES We ll support your daily practice.
2 Who s here? ~ Something you want to learn more about
3 10 Basic Steps in Special Education Child is identified Child is reevaluated Child is evaluated IEP is reviewed and updated Child is eligible Progress is reported IEP is scheduled Services are provided IEP meeting is held 10 Basic Steps in Special Education: Our daily WHAT
4 The WHAT of IDEA IDEA Sec Purposes. The purposes of this part are-- (a) To ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living; (b) To ensure that the rights of children with disabilities and their parents are protected; (c) To assist States, localities, educational service agencies, and Federal agencies to provide for the education of all children with disabilities; and (d) To assess and ensure the effectiveness of efforts to educate children with disabilities. The WHY of IDEA IDEA Sec. 601 Findings (c) Findings.--Congress finds the following: (1) Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities. (2) Before the date of enactment of the Education for All Handicapped Children Act of 1975 (Public Law ), the educational needs of millions of children with disabilities were not being fully met because-- (A) the children did not receive appropriate educational services; (B) the children were excluded entirely from the public school system and from being educated with their peers; (C) undiagnosed disabilities prevented the children from having a successful educational experience; or (D) a lack of adequate resources within the public school system forced families to find services outside the public school system.
5 Overview Federal & State Law Amendment Policies Illuminate Case Law Review Scenarios & Practice
6 Resources Additional Resources: Michigan Administrative Rules for Special Education (MARSE): Michigan Quick Reference Guide (IEP Amendments): Other Michigan Quick Reference Guides: LISD IEP Resources and Toolkits: Michigan IEP Amendment Podcast PowerPoint: Illuminate instructions for creating an Amendment Meeting Invitation:
7 Sometimes we need to change IEPs Why do an Amendment? The student s needs change during the school year but the annual IEP review date doesn t align to the needed change The team wants to make a change to one section of the IEP instead of reviewing the entire IEP outside of the annual review What types of Amendments do you do the most?
8 Federal & State Law Amendment Policies Illuminate Case Law Scenarios & Practice
9 Fundamental Principle: Parent Participation IDEA guarantees parents have the right to participate in educational decisionmaking about their child From ParentCenterHub.org: The Power of Parent Participation The evidence is clear and consistent: When schools and families work together, student learning and outcomes improve. So do: children s attitudes toward school, their social skills and behavior, and the likelihood that they will take more challenging classes and pass them. This holds true across families of all economic, ethnic/racial, and educational backgrounds and for students of all ages. Given the power that family involvement has to influence how our children achieve in school and in life, it s not surprising that the nation s special education law, the Individuals with Disabilities Education Act (IDEA), strongly supports parents right to be involved in the special education their child receives. As IDEA states: Almost 30 years of research and experience has demonstrated that the education of children with disabilities can be made more effective by strengthening the role and responsibility of parents and ensuring that families have meaningful opportunities to participate in the education of their children at school and at home. Overview One of IDEA s foundational principles is the right of parents to participate in educational decision making regarding their child with a disability. The law is very specific about what school systems must do to ensure that parents have the opportunity to participate, if they so choose. Parental rights of participation can be summarized as follows: Parents have the right to participate in meetings related to the evaluation, identification, and educational placement of their child. Parents have the right to participate in meetings related to the provision of a free appropriate public education (FAPE) to their child. Parents are entitled to be members of any group that decides whether their child is a child with a disability and meets eligibility criteria for special education and related services. Parents are entitled to be members of the team that develops, reviews, and revises the individualized education program (IEP) for their child. If neither parent can attend the IEP meeting, the school must use other methods to ensure their participation, including individual or conference calls.
10 Parents are entitled to be members of any group that makes placement decisions for their child. If neither parent can attend the meeting where placement is decided, the school must use other methods to ensure their participation, including individual or conference calls, or video conferencing. At a glance, you can see how comprehensively IDEA supports parental involvement in school-related decision making. Parents have the right to be involved at virtually every step along the way from their child s identification as possibly having a disability to the special education and related services he or she receives and where those will be provided. Parents are not required to participate, however; that is their choice. What IDEA guarantees is that parents are given the opportunity to participate. The rest whether to participate, how much to participate is up to them. Parents vary in the amounts and ways in which they become involved in their child s education; many have written eloquently about its challenges and benefits. It s especially interesting to note that successful partnerships between schools and families grow over time in a climate of mutual respect and consideration, where there s a strong common focus on the well-being of the child.
11 Parents have the right to participate in meetings related to their child Notice of Meeting IDEA Sec & Provide a written meeting invitation Document all parent contacts & contact attempts Offer alternate methods of participation including telephone calls and interpreters Provide a copy of the IEP From ParentCenterHub.org: Parental Right to Participate in Meetings The right to participate in meetings related to their child is one of the most important and powerful of parent rights. Parents have the right to participate in meetings with respect to the: their child s identification, their child s evaluation, their child s educational placement, and provision of FAPE (free appropriate public education) to their child. This includes the right to participate in meetings to develop, review, or revise their child s individualized education program (IEP). Parents also have the right to be part of: any group that determines if the child is a child with a disability and, for that reason, is eligible to receive special education and related services under IDEA; the IEP team (which develops, reviews, and revises the IEP of their child); and any group that makes decisions related to the educational placement of their child. Responsibilities of the School System (2) Each public agency must provide notice consistent with (a)(1) and (b)(1) to ensure that parents of children with disabilities have the opportunity to participate in meetings described in paragraph (b)(1) of this section. [ (b)(2)] When must the school notify parents? The school must notify parents about upcoming meetings early enough to ensure they have the opportunity to attend. It must also schedule the meeting at a mutually agreed on time and place. What information must the notice to parents include? When the school notifies parents of an upcoming meeting with respect to their child with a disability, it must: indicate the purpose, time, and place of the meeting; indicate who will be attending the meeting; and inform parents of IDEA s provisions regarding the participation of others on the IEP team who have knowledge or special expertise about the child.
12 What happens if neither of the parents can attend the meeting? If neither parent can attend the IEP team meeting, the school must use other methods to ensure their participation, including individual telephone calls or conference calls. May the school hold the meeting without the parent(s) in attendance? Yes, the school may hold the meeting without the parent(s) attending, if it s unable to convince the parent(s) to attend. In this case, the school just document its attempts to arrange a mutually agreed upon time and place for the meeting, such as: a detailed record of all phone calls made or attempted, and the results of each; copies of correspondence sent to parents and whatever reply was received; and a detailed record of visits made to the parents house or place of employment, and the results of these visits. What is not considered a meeting? IDEA stipulates the limits of the term meeting and what we can consider a meeting that s subject to IDEA s requirements with respect to parent notification and participation. A meeting does not include: informal or unscheduled conversations that involve school personnel; conversations on topics such as teaching methodology, lesson plans, or the coordination of service provision; or preparatory activities that school personnel engage in to develop a proposal or response to a parent proposal that will be discussed at a later meeting. Parents are entitled to a copy of their child s IEP at no charge, and all school personnel responsible in some way for implementing the IEP must know what their roles and obligations are and be given access to the child s IEP.
13 Parents have the right to participate in decisions made about their child IEP Teams IDEA Sec & Parents are members of the IEP team School staff may prepare for meetings & create drafts School staff may NOT predetermine From ParentCenterHub.org: The IEP Team To write an effective IEP for a child with a disability, parents, teachers, other school staff and often the child come together at a meeting to look closely at the child s unique needs. These individuals combine their knowledge, experience, and commitment to design an educational program that must help the child to be involved in, and progress in, the general education curriculum that is, the same curriculum as for children without disabilities. The IEP guides the delivery of special education and related services and supplementary aids and supports for the child with a disability. Without a doubt, writing and implementing an effective IEP requires teamwork. Parents on the IEP Team Parents have been recognized as vital members of the IEP Team since the passage of Public Law in Everyone agrees that parents have an enduring and passionate interest in the well-being and education of their child. So it makes perfect sense that Congress would ensure that parents are represented on the IEP Team, front and center. The school must invite the parents to the IEP meeting early enough to ensure that one or both parents have the opportunity to attend and participate. The notice must include: the purpose of the meeting, its time, and location, and who will attend. Typically, parents know their child very well not just the child s strengths and weaknesses, but all the little qualities that make their child unique. Parents knowledge can keep the team focused on the big picture of the child; they can help the team to create an IEP that will work appropriately for the child. Parents can describe what goals are most important to them and to their child, share their concerns and suggestions for enhancing their child s education, and give insights into their son or daughter s interests, likes and dislikes, and learning styles. By being an active IEP team member, parents can also infuse the IEP planning process with thought about long-term needs for the child s successful adult life. Being actively involved in developing their child s IEP is a parent s right and a parent s choice. This means that the school system must: notify parents of the meeting early enough to ensure that one or both of the parents have an opportunity to attend [ (a)(1)]; schedule the meeting at a mutually agreed on time and place [ (a)(2)]; and
14 take whatever action is necessary to ensure that the parent understands the proceedings of the meeting, including arranging for an interpreter for parents with deafness or whose native language is other than English [ (e)].
15 Parents have the right to respond to proposed action or inaction Prior Written Notice IDEA Sec & Give a reasonable time before initiating, changing, or refusing to initiate or change a student s identification, evaluation, educational placement, or provision of FAPE Include a description & explanation of the action, information used to make the decision, other options considered & reasons rejected, & other relevant factors Must be in the parent s native language, understandable to the general public, & include information about parent rights & sources for parent assistance From ParentCenterHub.org: Right to Receive Prior Written Notice Parental rights under IDEA include the right to receive prior written notice from the school each time that the school proposes to take (or refuses to take) certain actions with respect to your child. Specifically, the school must provide parents with prior written notice each time that it: proposes to initiate or change the identification, evaluation, or educational placement of your child; proposes to initiate or change the provision of FAPE to your child (that s a free appropriate public education); refuses to initiate or change the identification, evaluation, or educational placement of your child; refuses to initiate or change the provision of FAPE to your child. Purpose of Prior Written Notice Prior written notice serves as a vehicle of communication between schools and families. It is very important that parents are always well informed about whatever action the school intends to take (or intends not to take) about their child. Through prior written notice, the school can ensure that parents are up to date on what it s proposing or refusing to do, as early as possible so that parents can participate in the school s proposed actions or respond to its refusals. Content of the Prior Written Notice Prior written notice must contain a comprehensive description of the action proposed (or refused) by the school system. According to IDEA, the notice must include: 1 a description of the action proposed or refused by the school; 2 an explanation of why the school proposes or refuses to take the action; 3 a description of each evaluation procedure, assessment, record, or report the school used as a basis for their decision; 4 a statement that the parents of a child with a disability have protection under the procedural safeguards and, how the parents can obtain a copy of them; 5 sources for parents to contact to obtain assistance in understanding these provisions; 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 relevant to the school s proposal or refusal. [ (b)] When Parents Should Receive Prior Written Notice As we ve said, you, as parents, must receive prior written notice from the school a reasonable time before the school plans to take (or refuses to take) actions related to the identification, evaluation, or educational placement of your child. Parents should also receive prior written notice a reasonable time before the school plans to take (or refuses to take) actions related to the provision of FAPE to your child.
16 Examples of when parents should receive Prior Written Notice: when the school would like to conduct an initial evaluation of their child; when they ve asked for their child to be evaluated and the school denies the request; when the school wants to begin or change their child s identification as a child with a disability ; when the school proposes or refuses a particular educational placement for their child; when the school wants to change their child s educational placement; when the school wants to change aspects of the special education or related services that their child is receiving; and when the school refuses a request from them, as parents, with respect to the educational services their child is receiving. How Prior Written Notice Is To Be Written All written correspondence from the school must be in a form that the general public can understand. For example, it must be written in the native language of the parent, if the parent does not read English, or in the mode of communication that the parent normally uses, such as Braille or large-print, unless it is clearly not feasible to do so. If the parents native language or other mode of communication is not a written language, the school must take steps to ensure: that the prior written notice is translated orally (or by other means) to the parent in his or her native language or other mode of communication; and that the parent understands the content of the notice. [ (c)(2)] there is written evidence that these requirements have been met. (22)
17 IDEA Sec (excerpt) Annual IEP Review Requirements (b) Review and revision of IEPs. (1) General. Each public agency must ensure that, subject to paragraphs (b)(2) and (b)(3) of this section, the IEP Team-- (i) Reviews the child's IEP periodically, but not less than annually, to determine whether the annual goals for the child are being achieved; and (ii) Revises the IEP, as appropriate, to address-- (A) Any lack of expected progress toward the annual goals described in Sec (a)(2), and in the general education curriculum, if appropriate; (B) The results of any reevaluation conducted under Sec ; (C) Information about the child provided to, or by, the parents, as described under Sec (a)(2); (D) The child's anticipated needs; or (E) Other matters.
18 IDEA Sec (excerpt) IEP Amendment Requirements (4) Agreement. (i) In making changes to a child's IEP after the annual IEP Team meeting for a school year, the parent of a child with a disability and the public agency may agree not to convene an IEP Team meeting for the purposes of making those changes, and instead may develop a written document to amend or modify the child's current IEP. (ii) If changes are made to the child's IEP in accordance with paragraph (a)(4)(i) of this section, the public agency must ensure that the child's IEP Team is informed of those changes. (6) Amendments. Changes to the IEP may be made either by the entire IEP Team at an IEP Team meeting, or as provided in paragraph (a)(4) of this section, by amending the IEP rather than by redrafting the entire IEP. Upon request, a parent must be provided with a revised copy of the IEP with the amendments incorporated. Note: MARSE does not have any requirements for amendments beyond what is required in IDEA.
19 If you focus only on the letter of the law, then your point of view will be narrow. This means focusing only on the minimum requirements under IDEA to comply with federal and state regulations. The result is that your approach will most likely have a narrow impact on students. In contrast, an approach that applies the spirit of the law considers the purpose of special education more broadly. With this perspective, attaining quality educational outcomes for students becomes the focus of your planning, and your actions are more likely to lead to greater success for students with disabilities. Effective implementation of special education laws and policies requires that you focus on both complying with the letter of the law and also understanding the spirit and intent of IDEA to help students to achieve quality educational outcomes. Although paperwork is a necessity, the goal is to successfully plan for student success. The real measure of your work will be how successful your students are in real life!
20 Federal & State Law Amendment Policies Illuminate Case Law Scenarios & Practice
21 Both parents and schools can request an IEP amendment Change is requested School or parent identifies the needed change and contacts the other party Context for the change is established School identifies supporting data for the proposed change What school personnel are responsible for coordinating the amendment? It depends on the proposed changed and the extent of proposed changes. The designated case manager or related service provider may coordinate the amendment depending on these factors. Make changes based on supporting data Supporting data is: Presented in specific, objective terms Presented with meaningful context More than just a feeling Supporting data helps identify how the disability affects the child s ability to engage and progress in the general education and why the IEP needs to be amended to better address the student s educational needs Data Sources Teacher, Parent, and Student Input Documented observations written, systematic, and ongoing Classroom performance work samples, classroom assessments, curricular probes, writing samples Service Providers logs, observations Evaluations initial, reevaluation, FBAs, etc. Community Providers & Evaluations Assessments diagnostic, standardized, rating scales, criterion-reference, curriculum-based, benchmark, screening, progress monitoring, formative, state, district, etc. Checklists behavior, homework, materials Behavior and Discipline Logs (SWIS, eschool) Attendance records Data Types Academic achievement. According to the Department: Academic achievement generally refers to a child s performance in academic areas (e.g., reading or language arts, math, science, and history). We believe the definition could vary depending on a child s circumstance or situation, and therefore, we do not believe a definition of academic achievement should be included in these regulations. (71 Fed. Reg. at 46662)
22 Thus, when we re talking about academic achievement, we re talking about the academic subjects a child studies in school and the skills the student is expected to master in each: reading and language arts, writing, math and the various skills expected there, science, history, and so on. Children s circumstances will vary, as the Department notes, which means that the examination of the child s academic achievement and performance is an individualized consideration. Where does that child stand academically, and a critical question how does the child s disability affect his or her involvement and progress in the general education curriculum? The present levels statement must contain a description that answers these questions. Functional performance. With respect to the meaning of functional performance, the Department of Education points to how the term is generally understood as referring to skills or activities that are not considered academic or related to a child s academic achievement. This term is often used in the context of routine activities of everyday living. The reason that examples of functional skills were not included in IDEA was because the range of functional skills is as varied as the individual needs of children with disabilities (71 Fed. Reg. at 46661). But we can understand that routine activities of everyday living refer to skills and activities of daily living skills such as: -dressing, eating, going to the bathroom; -social skills such as making friends and communicating with others; -behavior skills, such as knowing how to behave across a range of settings; and -mobility skills, such as walking, getting around, going up and down stairs.
23 There are 2 ways to make an amendment Meeting No Meeting
24 The first is to Amend via an IEP team meeting The full IEP team meets, reviews the proposed amendment and supporting data, and completes the Amendment together if determined appropriate The parent is able to review the Amendment including the Prior Written Notice and respond if appropriate All IEP team participation, documentation, and Notice requirements apply From ParentCenterHub.org: The IEP team may meet periodically throughout the course of the school year outside of the annual IEP review, if circumstances warrant it. For example, parents may feel that their child is not making good progress toward his or her annual goals. Or on the positive side the special educator on the team may want to write new goals, because the student has made such great progress! Parents must be notified of each meeting in plenty of time to arrange their participation. If a parent needs an interpreter at the meeting to ensure full involvement and understanding, he or she should inform the school system ahead of time, so that arrangements can be made to have an interpreter present. This includes sign language interpreters.
25 The second is to Amend without a meeting The IEP team and parent discuss the proposed amendment The IEP team and parent agree to amend the IEP without a meeting The IEP team completes the Amendment and Prior Written Notice and gives it to the parent The parent is able to review the Amendment including the Prior Written Notice and respond if appropriate Parents are still a part of the process even if there isn t a meeting! From ParentCenterHub.org: Meeting without a Meeting If parents or the LEA want to amend or modify the IEP, does the team have to actually, physically, meet? No, not necessarily, subject to certain conditions. This possibility of meeting without a meeting is new; it was added in the 2004 reauthorization of IDEA. Now, IEP teams have the option of drafting a written amendment to the IEP, agreeing to the amendment, and incorporating this modification into the IEP. However, before the IEP team can use this new alternative to gathering in person, specific conditions must be met. Main conditions. Three primary conditions must be met in order for the IEP team to not have to actually, physically, meet to make changes to the IEP. These are: This option cannot be used with the IEP meeting that is required at least annually to review and revise the IEP. This option applies only to modifications the team might want to make after the annual IEP meeting has been held in person. Parents and LEA must agree to not meet but to take this approach instead. The amendment or modification to the IEP must be in writing. Additional Considerations: IDEA s protections are still in effect. This means that a child s IEP cannot be changed without prior notice by the school system and an opportunity for parents to discuss any changes with the school system. Agreement between the parent and the school system to use this new option does not have to be in writing. The parent is not required to provide consent (as defined in 300.9) to amend the IEP without an IEP meeting. The parent does not have to agree to the school system s request to amend the IEP without an IEP team meeting.(71 Fed. Reg. at 46685) With respect to the agreement between parents and school system to amend the IEP without meeting, the Department of Education observed that... it would be prudent for the public agency to document the terms of the agreement in writing, in the event that questions arise at a later time. Of course, changes to the child s IEP would have to be in writing (Id.). TIP: Careful consideration needs to be made when a parent and the LEA decide to amend an IEP without holding an IEP meeting. The IEP team decision making and informed parent consent are important processes. If there is any question about the significance of the change in relationship to FAPE, then it is a legal and best practice to hold an IEP team meeting. In other words,
26 if there is a question about whether a meeting should or should not be required, err on the conservative side of having an IEP team meeting.
27 All amendments have additional requirements The IEP team and other necessary personnel are informed of the changes ASAP The parent can request a copy of the IEP with the changes incorporated The amendment must be attached to the IEP From ParentCenterHub.org: Informing the IEP team. In keeping with IDEA s requirements that all service providers of the child must have access to the child s IEP and must be informed of their responsibilities for implementing it, the school system must ensure that the child s IEP team is informed of any changes made to the child s IEP. The team must also be informed when and how the IEP has been changed. Modifications to the document, especially to the services or supports enumerated there, may directly affect their involvement and responsibilities. From The Michigan IEP Amendment Podcast PowerPoint: The IDEA requires that the IEP team be informed of any amendments made to an existing IEP The document should be shared with all team members as soon as possible after the amendment is developed Changes must be written so that every IEP team member can read and understand the changes and be able to fully implement the provisions in the IEP If a parent asks, a revised copy of the IEP which incorporates the amendments MUST be provided to the parent This copy should be made available to the parent as soon as possible after the request is received The amendment should be attached to the IEP it is amending
28 Changes have a start date Changes take effect on the Amendment start date Changes are NOT retroactive USDE OSERS Letter to Jones June 6, 2006: In making changes to a child s IEP after the annual IEP meeting for a school year, the parent of the child with a disability and the local educational agency may agree not to convene an IEP meeting for the purpose of making such changes and, instead, may develop a written document to amend or modify the child s current IEP. IEPs describe how services should be provided in the future and would not have a retroactive effect.
29 An amendment doesn t change the annual IEP due date The next IEP must still be held no more than 365 days following the previous annual review date The Amendment does NOT change, replace, or extend the current IEP s annual review date
30 IDEA says any change can be made without a meeting*. The IDEA does not define the types of changes made to an IEP using an amendment Federal Register Commentary on IDEA pg , Agreement ( (a)(4)): Section (a)(4), consistent with section 614(d)(3)(D) of the Act, allows a parent and a public agency to agree not to convene an IEP Team meeting to make changes to the child s IEP, and instead, to develop a written document to amend or modify the child s current IEP. The Act does not place any restrictions on the types of changes that may be made, so long as the parent and the public agency agree. Accordingly, we do not believe it would be appropriate to include restrictions on such changes in the regulations. We do not believe that an amendment to an IEP can take the place of an annual IEP Team meeting. It is unnecessary to regulate on this issue because section 614(d)(4)(A)(i) of the Act clearly requires the IEP Team to review the child s IEP annually to determine whether the annual goals for the child are being achieved. We believe that the procedural safeguards in through 520 are sufficient to ensure that a child s IEP is not changed without prior notice by a public agency and an opportunity to discuss any changes with the public agency.
31 *The state of Michigan has more parameters The MDE OSE strongly advises that an amendment not be used to make substantial changes to an IEP The MDE OSE considers a substantial change to be either: A change of placement A change in eligibility category MDE quick reference guide IEP Amendments: When substantial or comprehensive changes need to be made to a student s IEP, it is recommended that an IEP team meeting be convened to develop a new IEP.
32 MDE-OSE recommends an Amendment only when making less substantial changes Individual changes may be less substantial, depending on content, when: Updating present level statements, goals, or progress reporting; Making changes to state and/or district assessments Updating transition plans (e.g. changes in the agency responsible for transition services) Making changes to supplemental aids and services Making changes to programs and services that don t involve placement or identification (e.g. changes in the frequency of a program or service) TIP: Consider using an amendment to correct a typing error when the change makes a difference in the implementation of the IEP Example: typing 600 words per minute in a reading fluency goal instead of 60 words per minute Example: For a January 2016 IEP, typing January 2016 as the goal timeframe instead of January 2017
33 IEP changes allowed via Amendment Under IDEA* PLAAFP Notice [Transition Plan] LRE Annual Goals Special Education and Related Services Supplementary Aids and Services
34 *Permissible & not permissible changes under Michigan policy PLAAFP Notice [Transition Plan] LRE Annual Goals Special Education and Related Services Supplementary Aids and Services
35 How much can you change before you are changing too much?
36 What if? The parent requests an Amendment and the school doesn t agree with the proposed change The parent doesn t respond to documented contacts about the proposed amendment and/or having a meeting The parent wants a meeting but the school doesn t Hold a meeting to review the proposed Amendment OR HOLD AN IEP MEETING After agreeing to not have a meeting, the parent receives the Amendment and Prior Written Notice but then doesn t agree to the Amendment
37 Federal & State Law Amendment Policies Illuminate Case Law Scenarios & Practice
38 Illuminate Sandbox Considerations for Illuminate: Illuminate instructions for creating an Amendment Meeting Invitation: TIP: Use the Rationale, or Other Considerations box to document parent contacts and that the parent agreed to not having a meeting to make the amendment TIP: If the proposed change is related to revising the types or amounts of specialized instruction or related services, provide written input from the appropriate related service provider or teacher in the Rationale or Need box TIP: Always fill out the Notice page of the Amendment!
39 Federal & State Law Amendment Policies Illuminate Case Law Scenarios & Practice From &Rendition=primary: 2014 Minnesota State Compliant Findings: C 7/2/2013 MINNETONKA PUBLIC SCHOOL DISTRICT The District failed to amend the Student s IEP and memorialize agreements in a prior written notice when the Complainant and the District agreed upon changes to the IEP after the annual IEP team meeting. The District failed to ensure the Student had an IEP that included the Student s present levels of academic achievement and functional performance and measurable goals and objectives designed to meet the Student s identified needs. The District also failed to provide quarterly written progress reports in accordance with the Student s IEP C 4/10/2014 MENAHGA PUBLIC SCHOOL DISTRICT The District failed to provide the Student services in conformity with the Student s IEP. The District also failed to provide monthly progress reports as written in the Student s amended IEP. From The Maine Department of Education recently investigated a complaint that alleged, in part, that the District violated the IDEA by failing to provide a student with a 1:1 aide in accord with his IEP, and by attempting to amend the student s IEP outside of the Team process. Regional School Unit #23, 54 IDELR 179 (Maine SEA Jan. 14, 2010). [ ] The Maine DOE also investigated whether the District violated the IDEA by failing to obtain parental permission to amend the Student s IEP without convening an IEP team meeting. The DOE found that the Student s IEP team met in November The parents walked out of that meeting because they were displeased with the team s recommendations regarding the level of support to be provided to the Student. Shortly thereafter, the Special Education Director invited the parents to meet with her to further discuss the issues. That meeting lasted for approximately three hours, and would have restored the 1:1 support that the parents wanted, as well as set in motion a process for further assessing the student s needs with regard to the 1:1 aide and for developing a program for increasing independence. At the end of the meeting, the Special Education Director believed that she and the parents were in agreement. However, the Student s mother had decided not to accept what the Director had offered. Three days later, the Student s mother ed the Director, and informed her that the parents were not in agreement with the proposals discussed at their meeting. The next day, the District sent the parents a Written Prior Notice containing an addendum setting forth the proposed IEP amendments with which the parents were not in agreement.
40 A few days later, the District sent the parents an amended IEP that had been developed in accord with the parents discussions with the Director, rather than with the discussions that occurred during the Team meeting. The DOE found that the District violated the IDEA by attempting to amend the IEP without receiving permission from the parents to do so outside of the Team process.
41 Federal & State Law Amendment Policies Illuminate Case Law Scenarios & Practice
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