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Special Education Nuts and Bolts

Information for Principals

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Consider …

In 2004, Oakland was fined 21 million by the state for out of compliance IEP’s. Oakland was at a 9% non-compliance rate. The state standard is that less than 2% of IEP’s will be out of compliance.

The fine is imposed on the SELPA. ABCUSD is concerned because they would be impacted by our lack of compliance.

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30 EC 56043 - Primary Timelines Affecting Special Education

Programs

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Assessment

15 Days – Assessment Plan: upon parent/guardian request written or oral.

15 Days – The parent or guardian shall have at least 15 days from the receipt of the proposed assessment plan to arrive at a decision.

60 Days to assess and present the results to the parent/guardian (IEP mtg.).

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30 EC 56321 - A proposed assessment plan shall be developed within 15 days of the referral for assessment …unless the parent or guardian agrees, in writing, to an extension (pursuant to Section 56344).

Timelines for Proposed Assessment plan between

sessions, terms, etc.

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If a referral has been made 10 days or less prior to the end of the regular school year…

…the assessment plan shall be developed within 10 days after the commencement of the new school year.

In the case of pupil school vacations, the 15-day time shall recommence on the date that the pupil's regular schooldays reconvene.

Timelines for Proposed Assessment plan between

sessions, terms, etc.

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IEP Notice

(c) A parent or guardian shall be notified of the individualized education program meeting early enough to ensure an opportunity to attend, pursuant to subdivision (b) of Section 56341.5.

In order to meet compliance, NLMUSD has mandated a 10 day notification.

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IEP Implementation

A pupil's individualized education program shall be implemented as soon as possible following the individualized education program meeting, pursuant to Section 3040 of Title 5 of the California Code of Regulations.

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Annual IEP An individualized education program team shall

meet at least annually to review a pupil's progress, the individualized education program, including whether the annual goals for the pupil are being achieved, the appropriateness of the placement, and to make any necessary revisions, pursuant to subdivision (d) of Section 56343, subdivision (a) of Section 56380, and Section 3068 of Title 5 of the California Code of Regulations. This meeting must be held on/before the date of last year’s meeting.

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Triennial IEP A reassessment of a pupil shall be

conducted at least once every three years or more frequently, if conditions warrant a reassessment and a new individualized education program to be developed, pursuant to Section 56381. This meeting must be held on/before the date of the last triennial meeting.

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Annuals and Triennials IEPs

In order to maintain compliance, developing a schedule for IEPs at the start of a school year is mandated for each school site.

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IEP Meeting Parent Request

A meeting of an individualized education program team requested by a parent or guardian to review an individualized education program pursuant to subdivision (c) of Section 56343 shall be held within 30 calendar days, not counting days in July and August, from the date of receipt of the parent's or guardian's written request, pursuant to Section 56343.5.

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30 Day Interim Placement

Whenever a pupil transfers into a school district from a school district not operating programs under the same local plan in which he or she was last enrolled in a special education program, the administrator of a local program shall ensure that the pupil is immediately provided an interim placement for a period not to exceed 30 calendar days, pursuant to Section 56325.

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Request for Records

The parent / guardian or parent’s attorney shall have the right and opportunity to examine all school records of the child and to receive copies within five calendar days after a request is made by the parent or guardian, either orally or in writing, pursuant to Section 56504 and Chapter 6.5 (commencing with Section 49060) of Part 27.

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Transition Beginning in the IEP year that the student will turn 14,

a statement of the transition service needs of the pupil shall be included in the pupil's individualized education program, pursuant to subdivision (a) of Section 56345.1. This plan must be updated annually.

Beginning at age 16, or younger, and annually thereafter, a statement of needed transition services shall be included in the pupil's individualized education program, pursuant to subdivision (b) of Section 56345.1.

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Transfer of Rights

No later than the pupil's 17th birthday, a statement shall be included in the pupil's individualized education program that the pupil has been informed of his or her rights that will transfer to the pupil upon reaching 18 years of age pursuant to Section 300.517 of Title 34 of the Code of Federal Regulations, Section 56041.5, and paragraph (8) of subdivision (a) of Section 56345.

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Prior to the Meeting Staff must have assessed the student’s

progress toward previous goals/benchmarks and drafted new goals based upon the student’s needs prior to the IEP meeting.

Identify and notify the IEP team:Case Carrier, Administrator, DIS, Parent, Student (as appropriate), Outside Agencies, Attorneys.

Staffing at the school site to review the IEP. Refer requests for additional/continuing

paraeducator support, behavior support, occupational therapy, or other outside supports to the special education administrative team prior to IEP.

Prepare for a

Successful IEP

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Prior to the Meeting

Identify a meeting room (for the full length of the IEP).

Establish a starting and ending time for the IEP meeting.

Establish an agenda for the meeting. Make arrangements for the general

education teacher to fully participate in the entire IEP.

Make sure all team members have reviewed the previous IEP and are prepared to discuss the child’s needs for the next year.

Verify the team’s attendance the day before the IEP.

Prepare for a

Successful IEP

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Prior to the Meeting

Hold a staffing meeting 15 to 30 minutes prior to the IEP to talk about what is to be discussed, possible options, to insure the team is present, required forms are available, tape recorder and tape (as needed), to identify who will take notes, facilitate, etc.- not to predetermine the outcome of the IEP.

Prepare for a

Successful IEP

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During the Meeting

Start on time. Set a tone for the meeting which is

collaborative, non-adversarial, student-centered, and positive.

Introduce the team and each member’s role and responsibility at the meeting.

Give the parent the Procedural Safeguards (rights) and ask them if they need clarification or if they agree to waive the reading of the rights. If waived, note this in the IEP notes.

Prepare for a

Successful IEP

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During the Meeting

State the purpose of the meeting by way of the agenda.

Work through the agenda – for topics not directly related to the agenda or IEP issues, chart them and provide a forum for them to be addressed at another time.

Present documentation to support the student’s growth or lack of progress.

Prepare for a

Successful IEP

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During the Meeting Review the notes to the IEP. If there are points of disagreement,

attempt to have parent state what they will agree to and document this by initialing areas of agreement.

Offer to reconvene if more information is needed.

Offer to involve District or SELPA staff to resolve issues.

Note: we also have a legal obligation to inform the parent of their right to file for due process mediation/hearing.

Prepare for a

Successful IEP

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During the Meeting

Do not offer specific programs such as Reading Program X – identify the areas in which the student needs support and indicate those needs. The district/school has the charge and authority to determine how to meet the student’s needs.

If we don’t have the resources we may have to outsource – in this instance work through the district special education administrative team (SEAT).

Prepare for a

Successful IEP

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After the Meeting Distribute copies of the IEP to all team

members in a timely manner. Send a copy of the IEP to the Special

Education Office within 3 days of the meeting. The original should be kept in the school office with the student’s other records.

Monitor the implementation of the IEP. Insure that every staff member who is

responsible for the IEP has read the IEP and follows through with their responsibility.

If there are any changes/additional services, indicate changes on the cover sheet to the IEP (MIS sheet).

Prepare for a

Successful IEP

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Phrases Guaranteed to Create Problems.

We don’t do that here. It’s not fair to provide this for your child

and not for others. The problem is with the student – he is

just not trying… he is unmotivated… We don’t believe in… We don’t do accommodations here. I don’t know this kid. I don’t know what

he needs. I have another meeting. I can only stay

for five minutes. We’re the professionals. We know what

to do.

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Progress reports on all IEP's are required.

…the pupil's parents or guardians will be regularly informed, at least as often as parents or guardians are informed of their non-disabled pupil's progress…

Case carriers should enter the dates for progress reports on the Goals page(s).

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Parent Rights Pertaining to Assessment and the

IEP Process

Parents will be fully informed of their rights. EC 56321

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Parent Rights for Assessment and IEP’s Such notices shall be written in a manner

that is understandable to the general public and in a language other than English as appropriate to the parent’s native language to the extent feasible and in the language of choice, as requested by the parent. The IEP shall also be translated into the parent’s language of choice except where no reasonably feasible alternative exists, due to no interpreter available for specific infrequently identified languages.

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Parent Rights

1. Right to be informed of the purpose of the IEP conference---assessment, recommendations, and rationale for the recommendations.

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2. Right to parental consent for assessment/placement and to receive assessment plan.

3. Right to obtain information regarding availability of independent assessments.

4. Right to an independent assessment at public expense, under certain conditions.

5. Parent’s independent assessment to be considered by public agency.

6. Right to present information, including independent assessments, to

assessment teams and to participate in meetings and/or have a representative participate.

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7. Right to protections in assessment and to receive a copy of findings of the assessment report.

8. Right to maximum interaction of their child, as appropriate,

with non-disabled peers.

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9. Assurance of confidentiality and protections.

10. Right to due process hearings and civil court appeals.

11. Right to examine records and received copies upon request at a reasonable cost.

12. Right to court costs, under certain circumstances.

13. Right to amend records. 14. Right to file a formal

complaint.

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15. Right to be informed about amendments to or destruction of student records.

16. Right to receive a copy of the IEP in the primary language of the parent.

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What This Means

Parents do have rights. Parents must be informed of their rights.

At each IEP meeting the parent is provided with a copy of the Procedural Safeguards (Parent Rights, Responsibilities and Due Process Procedures).

If a parent needs to have part of the

booklet read to them at the IEP meeting, this should take place prior to the discussion.

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Any questions related to the Parent Rights should be discussed at the beginning of the meeting.

Have parents sign acknowledgement of their rights before proceeding with the IEP.

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Build Positive Relationships

Strive to: Focus on the student. Return phone calls/emails in a

timely fashion. Be responsive. Follow through and follow-up. Convey organization. Problem solve. Be positive.

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Discipline of Special Education Students

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A) An individual with exceptional needs, as defined in Section 56026, may be suspended or expelled from school in accordance with subsection (k) of Section 1415 of Title 20 of the United States Code, the discipline provisions contained in Sections 300.519 through 300.529 of Title 34 of the Code of Federal Regulations, and other provisions of this part that do not conflict with federal law and regulations.

Discipline of Pupils with Exceptional Needs Enrolled in Special Education Programs

27 EC 48915.5.

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(B) A free appropriate public education (FAPE) for individuals with exceptional needs suspended or expelled from school shall be in accordance with paragraph (1) of subsection (a) of Section 1412 of Title 20 of the United States Code and subsection (d) of Section 300.121 of Title 34 of the Code of Federal Regulations.

Discipline of Pupils with Exceptional Needs Enrolled in Special Education Programs

27 EC 48915.5.

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(C) If an individual with exceptional needs is excluded from school bus transportation, the pupil is entitled to be provided with an alternative form of transportation at no cost to the pupil or parent or guardian provided that transportation is specified in the pupil's individualized education program.

Discipline of Pupils with Exceptional Needs Enrolled in Special Education Programs

27 EC 48915.5.

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48900.5. Suspension shall be imposed only when other means of correction fail to bring about proper conduct. However, a pupil, including an individual with exceptional needs, as defined in Section 56026, may be suspended for any of the reasons enumerated in Section 48900 upon a first offense, if the principal or superintendent of schools determines that the pupil violated subdivision (a), (b), (c), (d), or (e) of Section 48900 or that the pupil's presence causes a danger to persons or property or threatens to disrupt the instructional process.

Suspension; Restrictions on Imposition; Exception - 27 EC 48900.5

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Principal's designee for disciplinary procedures - 27 EC 48911

Any one or more administrators at the school site specifically designated by the principal, in writing, to assist with disciplinary procedures.

A certificated person at the school site may be specifically designated by the principal, in writing, as a "principal's designee,"

The principal may designate only one person at a time as the principal's primary designee for the school year.

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An additional person may be designated by the principal, in writing, to act for the purposes of this article when both the principal and the principal's primary designee are absent.

The name of the person, and the names of any person or persons designated as "principal's designee," shall be on file in the principal's office.

Principal's designee for disciplinary procedures - 27 EC 48911

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Manifestation Determination IEP (A) If a disciplinary action is contemplated for a child

with a disability or if a disciplinary action involving a serious action, e.g. drugs or weapons, or a change of placement for more than 10 days is contemplated for a child with a disability who has engaged in other behavior that violated any rule or code of conduct of the local educational agency that applies to all children.

(i) not later than the date on which the decision to take that action is made, the parents shall be notified of that decision and of all procedural safeguards accorded under this section; and

(ii) immediately, if possible, but in no case later than 10 school days after the date on which the decision to take that action is made, a review shall be conducted of the relationship between the child's disability and the behavior subject to the disciplinary action.

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The psychologist will assess the student. At the IEP the team will determine if the incident

was a manifestation of the student’s disability. Criteria to be reviewed include: Was the IEP appropriate. Was the student properly placed. Were services rendered. Was the action related to the disability.

Manifestation Determination IEP

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(A) School personnel under this section may order a change in the placement of a child with a disability --

(i) to an appropriate interim alternative educational setting, another setting, or suspension, for not more than 10 school days (to the extent such alternatives would be applied to children without disabilities); and

(ii) to an appropriate interim alternative educational setting for the same amount of time that a child

without a disability would be subject to discipline, but for not more than 45 days - if -

(I) the child carries a weapon to school or to a school function under the jurisdiction of a State or a local educational agency; or

(II) the child knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function under the jurisdiction of a State or local educational agency.

Manifestation Determination IEP

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(i) if the local educational agency did not conduct a functional behavioral assessment and implement a behavioral intervention plan for such child before the behavior that resulted in the suspension, the agency shall convene an IEP meeting to develop an assessment plan to address that behavior; or

(ii) if the child already has a behavioral intervention plan, the IEP Team shall review the plan and modify it, as necessary, to address the behavior.

Manifestation Determination IEP

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Was it a Manifestation of the Disability?

No General Ed Procedures may

apply. The IEP team can

recommend the student to District Guidance for further action.

If the child's parent disagrees the parent may request an expedited hearing.

Child remains in interim placement pending hearing (45 days max).

Child must get FAPE.

Yes The team should: Review / Revise the IEP Develop a Behavior Support

or Intervention Plan. FBA or FAA Consider a more

appropriate placement.

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Basis of Knowledge

The parent of the child expressed concern in writing that the child is in need of special education and related services;

The behavior or performance of the child demonstrates the need for such services;

The parent of the child has requested an evaluation of the child pursuant;

The teacher of the child, or other personnel of the local educational agency, has expressed concern about the behavior or performance of the child.

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If a request is made for an evaluation, the evaluation shall be conducted in an expedited manner.

If the child is determined to be a child with a disability, the agency shall provide special education and related services in accordance with the provisions of this part, except that, pending the results of the evaluation, the child shall remain in the educational placement determined by school authorities.

Basis of Knowledge

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REFERRAL TO AND ACTION BY LAW ENFORCEMENT AND JUDICIAL AUTHORITIES

Nothing in the law shall be construed to prohibit an agency from reporting a crime committed by a child with a disability to appropriate authorities or to prevent State law enforcement and judicial authorities from exercising their responsibilities with regard to the application of Federal and State law to crimes committed by a child with a disability.

An agency reporting a crime committed by a child with a disability shall ensure that copies of the special education and disciplinary records of the child are transmitted for consideration by the appropriate authorities to whom it reports the crime.

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(A) CONTROLLED SUBSTANCE- The term 'controlled substance' means a drug or other substance identified under schedules I, II, III, IV, or V in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)).

(B) ILLEGAL DRUG- The term 'illegal drug' – (i) means a controlled substance; but (ii) does not include such a substance that is legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under that Act or under any other provision of Federal law.

(C) SUBSTANTIAL EVIDENCE- The term 'substantial evidence' means beyond a preponderance of the evidence.

(D) WEAPON- The term 'weapon' has the meaning given the term 'dangerous weapon‘.

REFERRAL TO AND ACTION BY LAW ENFORCEMENT AND JUDICIAL AUTHORITIES

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All changes in placement must go through an IEP meeting.

Placement changes for all students with an IEP must involve a central office special education administrator, when they involve a change between schools or programs, e.g. to a more restrictive setting, as a disciplinary action.

Change of Placement

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Accountability

STULL Bill Evaluation Monitor Lesson Plans Classroom observations Meeting timelines Documentation of student progress

or lack of progress, aka educational benefit

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General Education Teacher Role

The general education teacher is a required member of the IEP, if the student is or may be participating in the general education environment ( E.C. 56341).

General Education teacher shares knowledge of the Calif. State standards.

Know the student. Meet with the special education prior to the meeting. Bring work samples to the IEP. Report on student progress. Implement the IEP goals and objectives. Implement the accommodations and modifications as stated in the IEP. Read the IEP. Note: this list is not comprehensive.

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Special Education Department Support

The superintendent has given authority to the special education

administrative team to provide direction, support, and expertise in the development, implementation,

and assessment of all special education programs and staff.

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Special Education Department Support

No changes in special education programs to be implemented without consultation with the special education administrative team.

No changes in personnel in special education programs to be implemented without consultation with the special education administrative team.

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Special Education Department Support

Requests for additional services to be referred to the special education administrative team prior to the IEP.

Direct feedback will be given to site administrators.

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Special Education Department Support

How Can We Help  1. Provide “Quick Look” or “IEP at a

Glance” templates. 2. Provide IEP feedback to

administrators and site administrators 3. Provide classroom walk-through

feedback to administrators 4. Offer training for special education

teachers

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5. Offer training for paraeducators 6. Offer training for general education

teachers 7. Offer training for administrators 8. Provide revised Special Education

Policies and Procedures Handbook 9. Provide timeline flowchart and

narrative 10. Provide information to principals on

the status of mediations – issues and outcomes

Special Education Department Support

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11. Support administrators in the evaluation process for special education staff

12. Provide format for documentation of follow through on mediation settlements

13. Offer training on facilitating positive IEP’s

14. Support administrators in clarifying expectations for evaluating special education staff

Special Education Department Support

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We need everyone’s help!