KEEPING COMPLIANT

ResolutionIEPTCHILDREN

DOCUMENTATION

Delivery of Services

IDEA

Due Process

COMPLIANCE

MARSE

Who needs to KNOW?

Let’s talk about special education policies and procedures

You

Central Office

Parents

Service Providers

Principals

Written Procedures

SIP w/SPED Components Documentation

Due Process Hearing Requests• Filed with State: RESA not involved.• Assigned to Hearing Officer (H.O.) or

Administrative Law Judge (ALJ).• Conference calls with ALJ, District Rep and

District Attorney, complainant (and their attorney if represented).

• Resolution meeting required unless both parties waive.

• Schedule: Evidence, Witness List, Hearing Dates. • Big Costs to District: Portion of ALJ, Court

Reporter, Transcripts, District Attorney, possibly complainant attorney.

• ALJ makes determination that is final unless parties appeal.

State Complaints• Filed with State and investigated by

State and RESA within 60 school days.

• Interviews: Complainant, District staff and administration

• Collect documentation• Report determines violations or

compliance• Corrective action determined if

violations occur (by MDE)• Parties may appeal if they disagree

with findings and have NEW INFORMATION to present

The Complaint Process

The Investigation…Connecting with the District

The AllegationComplainant states that the district failed to review and revise the IEP when the student continuously failed classes and lacked progress towards annual IEP goals & objectives.

Complainant states that the district failed to provide resource program services as written in the IEP.

CASE: 1

The InvestigationResource Program Teacher stated…1. Academic support was provided two hours per day.2. Support was provided in the resource program and general education

setting.3. Student did not show up for services during scheduled support times.4. Student refused to complete daily assignments.5. Student was absent often.6. A written IEP request was never received. 7. Additional time on tests and daily assignments were provided to the student.8. Consultation with general education teachers indicated that he was failing all

classes.9. No copies of service logs were kept.10. Progress reports were completed and sent home via the student during

report card period.11. Additional support time and interventions were not offered.12. The student’s IEP is current and not due for three months.

General Education Teachers stated…1. Student was not completing classroom assignments on time

and at times not at all.2. Resource Program Teacher provided push-in support and

provided additional time on tests and assignments in the resource program.

3. The resource program teacher did not call for the student for support, but a support schedule was in place.

4. Student had many unexcused absences. 5. Unaware of a written request for a new IEP.6. Parent was notified of failing grades, but did not participate in

any scheduled conferences.7. Student continues to fail his classes.

The Investigation

WHAT THE DOCUMENTS REVEALED

Convened 9 months prior

Failing all classes

Moderate progress towards objectives

17 absences and tardy 7 times

Failed all first quarter classes

Documentation Collected

DOCUMENTS

Most Current IEP

General education progress reports

IEP progress reports

Attendance records

Report cards

No service logs available

No documentation of accommodations provided

Key Points:

Documentation

How service is written

Responsible to implement

Provide programs and services in

accordance with the IEP

R 340.1722a Implementation of individualized education program.

Timelines7 days - Offer Notice of FAPE

15 days – District must initiate IEP 10 days – Time parent has to accept

initial provision of service

Key Points:

Reconvene or Amend

Supplementary Aids and Services,

Accommodations

Special Factors

If any changes are made

Behavior

Lack of Progress in GE Curriculum and

IEP Goals/Objectives

§ 300.324 Development, review, and revision of IEP.

Participation of General Ed. Teacher

Parent Participation

Noncompliance!

Lack of Progress Lack of Documentation of ServicesLack of Service Provided

Objectives Services LogSelect ProviderSelect

Objectives

PRINT FORM!

The AllegationComplainant states the district failed to provide Resource Program service of 10 hours per week and the Related Service of School Social Work for 3 to 5 times per month as written in the IEP

CASE: 2

The Investigation

Resource Program Teacher states…

1. Student has an attendance issue.2. When the student is present in school, a minimum of two hours

per week is provided to address the deficit area of need. 3. When student returns to school after a period of being absent,

make-up work is provided.4. Calls are made to the home to check-in on the student.5. Support was delivered within the general and special

education settings. 6. Direct Instruction was provided to the student to develop

reading skills per IEP goals & objectives7. A communication log and service logs were kept.8. Parent participated in PT conferences where information was

shared and copies of progress reports were given.

The InvestigationSchool Social Worker states…1. Student was seen during the times stated on the IEP.2. Copies of service logs are kept in the student’s educational file.3. Student states that he has difficulties sleeping at night, so he

sleeps in the next day.4. Discussed sleeping patterns and possible root causes with the

student.5. Communicated the concerns with parent and parent indicated

that she would address the problem.6. Student indicated that study habits are poor and he does not

focus because he’s tried. 7. Progress reports were kept and copies were provided to the

parent and resource program teacher.

Convened 6 months priorNot making progress in 3 out of 6 classesModerate progress towards IEP objectives27 absences and tardy 17 timesFailed 3 first quarter classesService provided weekly as stated in the IEPExtended time on assignments and test; additional make-up support given.

Documentation Collected

Most Current IEPGeneral Education Progress Reports IEP progress Reports Attendance ReportsReport CardsService LogsDocumentation of Accommodations Provided

Key Points:

Documentation

How service is written

Responsible to implement

Provide programs and services in

accordance with the IEP

R 340.1722a Implementation of individualized education program.

Timelines7 days - Offer Notice of FAPE

15 days – District must initiate IEP 10 days – Time parent has to accept

initial provision of service

Compliance!

Documentation of Services

The AllegationComplainant states the district failed to convene a MDR to determine if the behaviors were due to the disability and did not hold an IEP to determine the appropriate services for the student once removed from school; all the student received was homework.

CASE: 3

The InvestigationThe Principal states…

1. The student was removed from school for pulling the fire alarm.2. The student was removed for a total of five days.3. The student was given a homework packet with access to the

resource program teacher. (Via scheduled telephone calls).4. The parent was provided with a schedule for resource program

support via the telephone.5. The parent was provided with a suspension letter that indicated

number of days removed and return day.6. Parent did not attend re-entry meeting as scheduled.7. The student did not return to school until required re-entry

meeting was held three days after the date indicated on the suspension notice.

The InvestigationThe Resource Program Teacher states…1. The student was removed from school for pulling the fire alarm.2. The student was removed for a total of five days.3. The student was given a homework packet with access to her. (Via scheduled telephone

calls).4. The student and/or parent did not take advantage of the conference call option.5. Once the student returned to school, the assigned homework packet was not submitted

and when asked about the assignments, the student stated that he did not attempt to complete them.

6. The parent stated that she was going to find a new school for the student because he was not being treated fairly.

7. Prior to this suspension, the student had been removed for a total of 8 days for unrelated offenses.

8. A MDR had not been convened due to the incidences not being related to one another and not related to the disability; however, this was not discussed with anyone else and is only my opinion why an MDR was not scheduled.

9. A re-entry meeting was required with parent.10. Parent was unable to attend until three days later; student returned at that time.11. No additional make-up work was provided when student returned.

Convened 3 months priorNot making progressLimited progress towards IEP objectives26 Total absences Removed from school four times for a total of 13 days for a variety of offenses.Re-entry meeting required for student’s return

Failed 2 first quarter classesService provided weekly as stated in the IEPExtended time on assignments and test

Documentation CollectedMost Current IEPGeneral Education Progress Reports IEP progress Reports Attendance ReportsSuspension Record

Principal’s Suspension NoticeNo additional documentation regarding removalsReport CardsService LogsDocumentation of Accommodations Provided

§ 300.530 Authority of school personnel.

Keep Points:Must provide services after 10 days of removal in year.

No change of placement: School personnel and teacher

determine services

Change of placement: IEP team determines services

MDR: Held with parent and relevant team members

within 10 days of decision to change placement

Give Parent Notification on the date the decision is made for removal that constitutes

change of placement

§ 300.536 Change of Placement:(Determined on case-by-case basis)• Removal more than 10

consecutive school days OR

• Series of removals that constitute a pattern (All 3 criteria below must be met) :

Totals more than 10 school days in a school year.

Behavior is substantially similar to behavior in previous incidents.

Additional factors considered: 1)Length of each removal, 2)total amount of time removed, 3)proximity of removals to one another.

Supporting Rules and Guidance Documents…

§ 300.503 Prior notice by the public agency; content of notice.§ 300.504 Procedural safeguards notice.§ 300.531 Determination of setting.MDE Discipline Procedures (January 2011)WRESA Discipline Procedures for Students with Disabilities

MDE will look for…MDE Discipline Procedures – January 2011

Pattern of Removals•Written Procedures – Specify who constitutes the team to make the decision for the determination of a “pattern of removals” so staff are informed and make decisions based on same criteria, and if challenged, could support the decision-making process.•Documentation of Pattern – Be prepared to provide evidence of decision-making process when determining whether there was a pattern of removals.

(Use RESA’s Discipline documents to be compliant)

Noncompliance!

Lack of Written Procedures for Determining Pattern of RemovalsLack of Evidence of Consideration of Pattern

Discipline Tracking Record

Discipline Services RecordDiscipline Services Record

Student’s Name:_______________________ School:_____________________________

Case Manager:________________________ Service Provider(s):_________________ __

Once a student with a disability has reached 10 days of suspens ion in a school year, services must be provided during any additional days of suspension/removal (i.e., beginning with the 11th day) so as to enable the student to continue to participate in the general education curriculum and to progress toward meeting t he goals set out in the student’s IEP.

The student’s case manager in consultation with the student’s other teachers/service providers and the school administrator will determine the extent of services to be provided and document below.

In cases of Specia l Circumstances or removals that result in a Change of Placement , the determination of services to be provided is made by the IEPT and is documented on the Interim Alternative Educational Setting (IAES) form.

Description of services to be provided for th e removal which began on date of _____________ : To begin on ____________________through_____________________.

Description of services to be provided for the removal which began on date of _____________ : To begin on ____________________through____ _________________.

Description of services to be provided for the removal which began on date of _____________ : To begin on ____________________through_____________________.

Description of services to be provided for the removal which began on date of _____________ : To begin on ____________________through_____________________.

Discipline Services Log

Notice of Change of Placement

NOTICE OF A CHANGE OF PLACEMENT AS A RESULT OF A DISCIPLINARY REMOVAL Dear (Parent/Guardian): Date: You are receiving this notice to inform you that (student’s name ) suspension issued on ( date) constitutes a change in placement and requires the IEP Team to convene a Manifestation Determination Review (MDR) meeting.

The purpose of the MDR meeting will be to make a determination as to whether ( student’s first name) conduct was a manifestation of ( his/her ) disability.

The MDR meeting: _ Is scheduled for ( date). Enclosed you will find a formal meeting invitation requesting your participation. _ Will be convened within the next 5 to 10 school days. You will be sent a formal meeting invitation regarding the specific date. We have enclosed a copy of the Procedural Safeguards Notice and a list of the available resources to assist you in understanding your rights. The Proced ural Safeguard Notice includes information regarding the MDR process. Sincerely,

MDR Form

MANIFESTATION DETERMINATION REVIEW (MDR)

DEMOGRAPHIC INFORMAT ION MDR Date:

Name: Primary D isability:

S tudent ID : S chool: D OB: G rade: Mos t R ecent IE P D ate:

PAR T IC IPANT S

District R epresentative (required) S tudent (if appropriate)

R elevant Member of the IE P T eam P arent/G uardian/S urrogate

R elevant Member of the IE P T eam O ther/T itle

R elevant Member of the IE P T eam O ther/T itle

S ection I. D escribe in detail the behavior subject to disciplinary removal: D ate suspens ion issued :_______________

S ection II. R eview the following information and include a brief summary: T he most recent diagnostic evaluations T he student’s current IE P Any additiona l relevant information in the student’s file

Any teacher obs ervations of the student D iscipline incident reports

R elevant information provided by the parent

S ection III. On the bas is of the ab ove review and the relationship of the behavior subject to discipline and the student’s disability, respond to both of the following s tatements, and g ive the rationale for the response: 1. T he conduct in ques tion

was caus ed by or had a direct and substanti al relations hip to the student’s disability.

Yes (D escribe the relationship between the dis ability and the behavior.)

No (D escribe why there is no relationship between the dis ability and the behavior.)

2. T he co nduct in question was the direct res ult of the school dis trict’s failure to implement the current IE P.

Yes (Lis t the areas of non -implementation and the impact on the behavior.)

No (Lis t the areas of non -implement ation. S tate why there is no impact on the behavior.)

No IE P was fully implemented.

If the determination of the team is “yes” to either of the statements, then the behavior must be considered a manifestation o f the student’s disa bility, and the student returns to the previous placement (except in S pecia l C ircumstances or if the parent and district agree to a change in placement and convene an IE P T meeting ).

S ection IV. T he determination of the IE P team is that behavior subject to discipline is : Not a manifestation of the disability - s tudent s ubject to general education dis ciplinary procedures ; records

forwarded for further dis ciplinary cons ideration. E ducational s ervices will be provided for the duration of th e disciplinary removal and are docu mented on the D iscipline S ervices R ecord or the IAE S form.

A manifestation of the disability - records forwarded for termination of the disciplinary action; student reins tated into his/her s chool placem ent; and a functional behavior ass ess ment/behavior intervention plan is initiated. E xceptions: A) s pecial circumstances necess itate a 45 day interim alternative educational setting (conduct an IAE S meeting); or B) parent and s chool district agree to a chan ge in placement (conduct an IE PT meeting).

Revised August 2011

Services

Parent Contacts

Service Logs Delivery of

Understanding what’s getting Districts in TROUBLE…

Lack of:•Documentation•Written Procedures•Implementation of written procedures

FYI…IEP timelinesIEEEvaluation Procedures Eligibility

Teach your special education providers routines to preserve

• Checking In: You must create and maintain a system of monitoring your student’s progress

• Updating Stakeholders: Parents, Students, and School Staff

• Filing System that You and Others Can Understand and Locate: Maintaining accurate records will support you with justifying the need to maintain or eliminate a service and have evidence of service implementation.