Oakland Schools IEP Coach the Coach Q & A

Disclaimer: The Oakland Schools Compliance Unit will continue to stress the important distinction between compliance and recommended practice in technical assistance and training. Individuals with Disabilities Educational Act (IDEA) has broad Regulations, Michigan Administrative Rules for Special Education (MARSE) has more specific Rules, and then districts may have more stringent procedures to allow for added protections for both the student and the district.

Demographic Information Section 1

If the IEP team is making a program change to a more restrictive environment, must “change of placement” be identified as the purpose of the meeting in IEP and Notice?  To ensure compliance, the IEP must be identified as an initial, annual, or reevaluation. If the IEP will be in effect when the student is 16 or older, then it must also be identified as a secondary transition IEP.  A “change of placement” IEP occurs for the following two reasons; when a change in placement has occurred due to a disciplinary removal(s), or if the student is expected to graduate during the course of the IEP year.  Any change in a student’s LRE (program/placement) is determined during the IEP process; this would not be identified prior to the IEP team meeting.

Must the district representative be knowledgeable about the general education curriculum?  Yes. Here is the exact wording from the IDEA, Sec. 300.321 IEP Team: (a) General. The public agency must ensure that the IEP Team for each child with a disability includes-- (4) A representative of the public agency who-- (i) Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities; (ii) Is knowledgeable about the general education curriculum; and (iii) Is knowledgeable about the availability of resources of the public agency.

May a service provider serve multiple roles for the IEP team meeting?  Yes. It is allowable for a service provider to serve multiple roles at an IEP team meeting. For example, a SLP may serve as the special education provider, district rep and the individual who can interpret the instructional implications of evaluation results.  That said, many districts have procedures regarding which staff serve which roles. Confirm with your local district special education administrator regarding district procedures.  One person may not serve as both the general education teacher and special education provider; a person may only serve in the role for which they are employed.

Must the district representative and/or general education teacher be present for the whole IEP team meeting?  Yes. See excusals of IEP team members, in whole or in part, below Sec. 300.321(e).

Who needs excusals?  Here is the exact wording from the IDEA, Sec. 300.321 IEP Team: (a) General. The public agency must ensure that the IEP Team for each child with a disability includes-- (1) The parents of the child; (2) Not less than one regular education teacher of the child (if the child is, or may be, participating in the regular education environment); (3) Not less than one special education teacher of the child, or where appropriate, not less than one special education provider of the child; (4) A representative of the public agency; (5) An individual who can interpret the instructional implications of evaluation results;

Last updated: March 2017 Page 1 of 18 Oakland Schools IEP Coach the Coach Q & A

(6) At the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and (7) Whenever appropriate, the child with a disability. (e) IEP Team attendance. (1) A member of the IEP Team described in paragraphs (a)(2) through (a)(5) of this section is not required to attend an IEP Team meeting, in whole or in part, if the parent of a child with a disability and the public agency agree, in writing, that the attendance of the member is not necessary because the member's area of the curriculum or related services is not being modified or discussed in the meeting. (2) A member of the IEP Team described in paragraph (e)(1) of this section may be excused from attending an IEP Team meeting, in whole or in part, when the meeting involves a modification to or discussion of the member's area of the curriculum or related services, if-- (i) The parent, in writing, and the public agency consent to the excusal; and (ii) The member submits, in writing to the parent and the IEP Team, input into the development of the IEP prior to the meeting.  Many districts have procedures regarding “attendance not necessary” and “excusals.” Confirm with your local district special education administrator regarding district procedures

We know an excusal is required when an IEP team member is absent for PART of the IEP team meeting. What would constitute PART of a meeting?  Stepping out briefly to handle an emergency should not require an excusal, especially if upon that IEP team member’s return, s/he was allowed to review and provide input on the sections missed that pertain to his/her role. If that person stepped out and did not return, depending on that person’s role, then the IEP could be adjourned or an excusal would be needed.  If an IEP team member must leave early or joins the meeting late, the same suggestion would apply. Each IEP team member needs to provide input on the sections of the IEP that pertain to his/her role. If that person would not be present to address his/her role in every section of the IEP, then the IEP could be adjourned or an excusal would be needed.

What if the parent is unable to attend the IEP before the IEP due date?  This is the ultimate compliance versus recommended practice question. Current MDE guidance is to ensure the IEP and Notice is completed by the due date. In fact, the district will be penalized for every IEP that goes beyond the annual timeline. Many district procedures include starting the scheduling process weeks or months earlier to avoid going past a due date.  Documentation of parent contact will be required if the district is chosen for monitoring or if a state complaint is filed. Good communication with the parent is key in this situation.  Here is the exact wording from the IDEA, Sec. 300.322( d) Conducting an IEP Team meeting without a parent in attendance. A meeting may be conducted without a parent in attendance if the public agency is unable to convince the parents that they should attend. In this case, the public agency must keep a record of its attempts to arrange a mutually agreed on time and place, such as-- (1) Detailed records of telephone calls made or attempted and the results of those calls; (2) Copies of correspondence sent to the parents and any responses received; and (3) Detailed records of visits made to the parent's home or place of employment and the results of those visits.

Student was evaluated for SLD and another area, and found not eligible for SLD, but eligible in the other area, is the statement for why the student did not qualify for SLD still required?  Only if the evaluation was conducted for this IEP (initial or reevaluation IEP).

PLAAFP – Factors to Consider Section 2A Refer to the Oakland Schools PLAAFP resources for compliance and recommended practice guidance

Clarify what type of information is appropriate for the academic/pre-academic achievement results of the most recent evaluation(s). What is written here versus the PLAAFP baseline data?  Any relevant assessments or data that identifies current student ability and needs are appropriate. The key is to ensure that the PLAAFP includes current data that was collected during the IEP year.  Depending on your district’s IEP form, district procedures would dictate what is written in this section versus what is written in the data portion of the PLAAFP. It is explicitly stated in IDEA that there is no requirement that the IEP team include information under one component of a child's IEP that is already contained under another component of the child's IEP.

We know we must consider the communication and assistive technology needs of the student in every IEP. Does this mean we really have to address both considerations elsewhere in the IEP, even if they really don’t need them?  The communication and assistive technology needs of the student are required to be considered at every IEP. If there is no data to consider and there is no impact or resulting needs in either of these areas, then the Notice must include a statement to that effect in the options considered but not selected section.

How do you follow through in the IEP for students who do not speak English? Should ELL supports be written in the IEP?  If the student with a disability has limited English proficiency, then the IEP team must consider the language needs of the student. The student’s disability-related data, impact and resulting needs regarding the language barrier should be documented in the PLAAFP. If the data indicated that there are language needs, they would be followed through in the goals and/or supplementary aids and services. If no disability-related language needs exist, then the Notice must include a statement to that effect in the options considered but not selected section.  ELL services are general education support services governed by their own rules and regulations; they are not specialized instruction as defined by the IDEA. District ELL services should not be written into an IEP because they are not special education services.

PLAAFP – Data, Impact, and Resulting Needs Section 2B Refer to the Oakland Schools PLAAFP resources for compliance and recommended practice guidance

Clarify the difference between the “academic” versus “general education” rows in the PLAAFP.  The MDE model form has separate “Academic/Pre-Academic Achievement” and “General Education Curriculum” rows.  The rows in the PLAAFP table are designed to guide IEP teams to comprehensively consider all educationally relevant areas of student need, they are not based on Rule or Regulation.  Local practice guides how to differentiate the areas of the PLAAFP page.

If a student has an emotional impairment or other health impairment, does the PLAAFP need to have data in the general education (reading, writing or math) section?  It is dependent upon whether the student has needs in those areas. It is not recommended to identify “considered, not applicable” for the entire general education section of the PLAAFP for any student. After all, the IEP is supposed to be meaningfully created to provide the child educational benefit. One would think there would be some academic concerns for any child with an IEP, if not leading to goals, at least leading to SAS/accommodations in the general education environment.

If a student is evaluated in an area (speech, social emotional, fine/gross motor) but does not qualify for service in that area, should the data in those areas still be included in the PLAAFP to identify data, impact and resulting needs?  Once a student is identified as a student with an IEP, the IEP must be created to provide the child an educational benefit. If concerns in the areas listed above exist despite not meeting the discipline-specific and/or professional guidelines, the data, impact and resulting needs must be identified in the PLAAFP.  It is recommended that the results of recent evaluations be documented and explained in the PLAAFP. Based on that data, the IEP team may determine that there is no resulting need.

How specific should the impact and resulting needs be? Should the suggested goals, supplemental aids & services, related services and/or programs be specified as a resulting need in the PLAAFP?  The impact statement identifies how the area of need will impact the student in learning and/or in the educational environment. Suggested wording would be “The student’s low reading ability will impact her ability to participate in and complete grade level work where reading grade level content is expected.”  The resulting needs statement identifies whether specialized instruction and/or services are necessary to ensure the student receives FAPE. o If the data indicates that a student would require a goal for reading, our suggested wording for resulting needs would be “The student will need specialized instruction to improve reading skills.” o If the data indicates that a student would require supplementary aids and services, our suggested wording for resulting needs would be “The student will need accommodations to assist when reading grade-level content is required.” o It is not recommended to identify the specific goal or accommodation that will be developed for the student at this point in the IEP process.

What if there is no medical data? What would you write in that section of the PLAAFP?  It is appropriate to identify that certain sections of the PLAAFP are considered and not applicable based on the individual needs of each student.

For preschool children, where do you write the pre-academic data, impact, and resulting needs on the PLAAFP?  Depending on your district’s IEP form, district procedures would dictate what is written and where for preschool children in the data portion of the PLAAFP. It is explicitly stated in IDEA that there is no requirement that the IEP team include information under one component of a child's IEP that is already contained under another component of the child's IEP. It may be appropriate to include functional data in the academic sections of the PLAAFP for preschool-aged students.

Can SE Teachers provide intervention outside of the student’s areas of need? If so, how is this documented in the IEP, if at all?  Once a student is identified as a student with a disability, all needs of the student must be considered and an offer of FAPE is provided in the IEP process. For example, a student who is eligible as SLD in reading, may have needs in math with problem solving but didn’t qualify for SLD in math. If the IEP team determines a need for specialized instruction or accommodations in math due to the reading deficiencies, then services for math can also be provided.  Areas of need are documented in the PLAAFP using data and identifying the impact and resulting needs. Resulting needs are then followed through on the remaining sections of the IEP.

Secondary Transition Section 3 Refer to the Oakland Schools Secondary Transition resources for compliance and recommended practice guidance

When does transition have to be considered in an IEP?  According to IDEA, beginning no later than the first IEP to be in effect when the child turns 16, or younger if determined appropriate by the IEP Team. The IEP must include: o Appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment and, where appropriate, independent living skills; o The transition services (including courses of study) needed to assist the child in reaching those goals; and o Beginning not later than one year before the child reaches the age of majority under State law, a statement that the child has been informed of the child’s rights under Part B, if any, that will transfer to the child on reaching the age of majority under §300.520 [see 20 U.S.C. 1415(m)].

If a student is going from 8th grade (middle school/junior high) to 9th grade (high school), do we have to consider transition?  Transition is often considered at the move-up from 8th grade to 9th grade to start thinking about the student’s post-school goals and to begin planning for programs, services, course of study options, and connecting transition service activities. This is considered best practice, and is not required at this time.

What if the parent doesn’t want the student to attend the IEP where transition is being considered?  The parent of a student who has not yet reached the age of majority (18 years of age) and/or has documented guardianship of the student can exclude the student from attending the IEP.  However IDEA Sec 300.321(b)(1) requires the student be invited to the IEP where transition is considered: The LEA must invite a child with a disability to attend the child’s IEP Team meeting if a purpose of the meeting will be the consideration of the postsecondary goals for the child and the transition services needed to assist the child in reaching those goals.

Do you need parent permission for student’s input & transition?  IDEA Sec 300.320(b) states beginning not later than the first IEP to be in effect when the child turns 16, or younger if determined appropriate by the IEP Team, and updated annually thereafter, the IEP must include: o Appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment and, where appropriate, independent living skills; o The transition services (including courses of study) needed to assist the child in reaching those goals; and o Beginning not later than one year before the child reaches the age of majority under State law, a statement that the child has been informed of the child’s rights under Part B, if any, that will transfer to the child on reaching the age of majority under §300.520 [see 20 U.S.C. 1415(m)].  If the student is not present at the IEP, the district is required to obtain student input and document in the IEP how their input was obtained.  There is no language requiring parent permission for student input.

Is there a required age when an agency representative must be invited to the IEP?

 The need to invite an agency, and the age to initiate that process, is dependent on the student’s postsecondary goals, PLAAFP, and identified transition needs. For high school students, referral to vocational rehabilitation services typically occurs in the Junior year (11th grade). For students with developmental disabilities who will be continuing in adult transition programs/services, there is a checklist of benefits & services including application for Medicaid, SSI, and determining eligibility for services through Community Mental Health. The two main categories of agencies are: o Vocational Rehabilitation Services (MI Rehabilitation Services (MRS) and Bureau of Services for Blind Persons (BSBP)) o Community Mental Health for developmental disabilities (MORC, INC., Community Living Services (CLS)) and mental health/serious emotional disturbances (Easter Seals, Oakland Family Services) o See the Transition Resource Navigator (hot linked) for more information.

Regarding an agency representative: what if there isn’t an open case, but there may be a need? How would this be addressed in the IEP?  If during the course of conversation at the IEP meeting the team determines there is a need for agency involvement, it would be noted in the transition services section. For example, noting under the Development of Employment section that you would be referring the student to MI Rehabilitation Services to meet with the counselor assigned to your district.

Help us understand the difference between a goal related to transition and a transition service.  Transition services are the coordinated activities that connect the PLAAFP with next steps during that IEP year to support movement toward the postsecondary goal. The transition services areas include instruction, related services, community experiences, development of employment, daily living skills, and functional vocational evaluation.  It is required to have an annual goal related to the transition services, and that can include academic goal(s) related to instruction and/or annual goal(s) connected to the other transition services areas.  Please reference the following definitions where goals & transition services are used: o Postsecondary goal: There must be appropriate measurable postsecondary goals based on age-appropriate transition assessments related to training/education, employment, and where appropriate independent living skills. The postsecondary goals are the post-school vision or targets for the student to enable the IEP team to align services, programs, transition activities, and course of study. o Measurable annual goals: There must be a statement of measurable annual goals, including academic and functional goals, designed to meet the child's needs that result from the child's disability to enable the child to be involved in and make progress in the general education curriculum; and meet each of the child's other educational needs that result from the child's disability. o Transition services: There must be a coordinated set of activities for a student with a disability that is designed to be within a results-oriented process that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child’s movement from school to post-school activities, including postsecondary education, vocational education, integrated employment (including supported employment); continuing and adult education, adult services, independent living, or community participation. [34 CFR 300.43 (a)] [20 U.S.C. 1401(34)]

When should Course of Study be selected? What grade?  Given that all students are general education students first, with some students receiving special education services & programs through an IEP, the course of study is the general

education curriculum, also known as the MI Merit Curriculum (MMC) for secondary students. With the MMC as the standard for all students, the selection of a Course of Study would come with the decision of an IEP team to move the student away from the general education curriculum to a modified or alternate curriculum. Neither IDEA nor MARSE identify a grade, timeline, or criteria for that determination. An IEP team needs to be aware decisions that limit exposure to the general education curriculum at early grades, impact the educational foundation for a student that may prohibit their ability to meet the MMC & district requirements for a diploma.  The identification of the Course of Study is not required until the IEP where the student will be turning 16 and transition will be considered. An IEP form will typically identify Course of Study as Michigan Merit Curriculum (MMC) which leads to a high school diploma or Course of Study leading to a Certificate of Completion or other (fill in the blank), which is not a diploma.

What data should be utilized in determining a Course of Study?  Since Course of Study is included as part of transition, this answer will be focused on considerations for the secondary student. Each student situation must be considered on an individual basis. Determining a Course of Study or the decision to move the student from the general education curriculum and the opportunity to earn a regular high school diploma may include consideration of the following: Data Sources Factors to be considered in the analysis of Course of Study Student Profile results  State and district-wide assessment  Current evaluation results K-12 Transcript History  Courses and grades  On track to meet MMC requirements? Attendance / Discipline  IEP supports are adequate if behaviors are disability related? Present Level of Academic  Work Habits Achievement  Rote vs. abstract reasoning, generalization, problem solving  State and district assessment as compared to classroom assessment  Performance of student with disability and typically developing peers in comparison to exiting 8th grade standards and relation to skills needed to earn 9th grade credits  Activities of Daily Living Transition Goals/EDP  What is the student's postsecondary vision for education, training, employment, and independent Living? Goals/Objectives  Progress Data Accommodation History  For each accommodation previously provided, identify  What student need addressed  Whether the accommodation was aligned with the need  Resulting student performance  Are there any additional accommodations that should be considered prospectively? Modification History  Any evidence of modified or alternate curriculum  State Assessment/Alternate Assessment Personal Curriculum  Have there been any prior PC requests?  Did the student satisfactorily complete the PC(s)  Resource: MDE Michigan Merit Curriculum & High School: http://www.michigan.gov/mde/0,4615,7-140-28753_38924---,00.html

What is a Personal Curriculum?  The Personal Curriculum (PC) is an option any student or family can explore as a way to modify certain graduation requirements and earn a diploma. The purpose of secondary education is to

prepare students for life after high school. Any modification to a student’s graduation requirements needs to be consistent with this purpose. The high school diploma is documentation that the student has met the expectations and possesses the knowledge and skills necessary for postsecondary success. Students who are not pursuing a diploma or students who are unable to meet modified MMC requirements do not need a PC. Purpose of the Personal Curriculum The PC is a process to modify specific credit requirements and/or content expectations based on the individual learning needs of a student. It is designed to serve students who want to accelerate or go beyond the MMC requirements and students who need to individualize learning requirements to meet the MMC requirements.  There are four types of PCs, one of which is specific for students with an IEP. To determine the need to for a PC for a student with an IEP consider: o A documented need to make modifications because the student’s disability affects access to and/or demonstration of proficiency in the curriculum. o Lack of progress on the MMC despite documented interventions, supports, and accommodations  Keep in mind the PC falls under general education; typically the high school counselor or an administrator will coordinate PC in a district, with the special education staffs working with them on behalf of a student with an IEP. The function of the PC is to modify the MMC whether it’s through adjustments in content or through an exchange of courses. It is up to the local district to set the framework for allowable modifications and the standard for receiving course credit toward the MMC requirements for a diploma.  The IEP would continue to provide the needed services for a student to support progress in the MMC, just as they would if the student didn’t have a PC. Commonly, this is reflected in accommodations through supplementary aids & services. The IEP team may choose identify Personal Curriculum in the description of the Course of Study – MMC leading to a diploma.  Resources: o Parent and Educator Guide for Personal Curriculum http://www.michigan.gov/documents/mde/PC_Guide_1_2015_482101_7.pdf o Oakland Schools Personal Curriculum Resources +- https://oakland.k12.mi.us/instructional/curriculum-instruction/Pages/Personal- Curriculum.aspx

Should Personal Curriculum be addressed in the PLAAFP?  The PLAAFP information would reflect the student’s current level of academic status including baseline, strengths, and needs. The needs would support the consideration for a Personal Curriculum (PC), but there is not a requirement (nor is it suggested) to specifically identify the PC in the PLAAFP.  If the PC is identified in the IEP, the appropriate placement would be in the Course of Study section. Keep in mind, an IEP team does not dictate the use of a PC, there is a district process that must be followed for request, review, and granting of a PC.

Measurable Annual Goals & Objectives Section 4 Refer to the Oakland Schools Goals & Objectives resources for compliance and recommended practice guidance

Must a student have a minimum of 2 goals per eligibility need, or 2 goals per IEP?  The IDEA Regulation is plural, indicating that there must be at least two goals per IEP.  The amount of goals needed per resulting needs identified in the PLAAFP would vary depending on the individual student’s needs.

Is there a requirement to base goals on the state standards?  Although there is no requirement to align IEP goals with state standards, it is recommended practice.

Is there a requirement to base goals for students taking MI-Access on the essential elements?  For students with disabilities who take alternate assessments aligned to alternate achievement standards, it is recommended that goals and benchmarks or short-term objectives are aligned with alternative standards.

Must the baseline data be identified in the goal statement?  The baseline data is required to be provided in the PLAAFP of an IEP, along with an explanation of what that data means in general terms, and a statement of the impact and resulting needs of the student based on that data.  The IDEA provides a rule of construction, which states that what is written in one part of an IEP does not necessarily need to be repeated in another part of the IEP. That said, some districts have developed a practice to include baseline data in the writing of the measurable goals and objectives. Although including the baseline data in a goal is a good practice, it is not required to make a goal measurable.

Can a goal be written to achieve or complete a task, versus acquire a skill or competency?  Goals are written to measure student progress when provided specialized instruction by a certified special education provider. Measurable goals can be written in multiple ways depending on the resulting need of a student as identified in the PLAAFP.

We understand that often, for students with significant needs, it is beneficial to prioritize goals. For students with multiple areas of need (i.e. ASD), if academics are a need, should at least one goal still address academics?  It may be easier to answer this question with a reminder of the IDEA Regulation that defines a goal: “A statement of measurable annual goals, including academic and functional goals designed to meet the child's needs that result from the child's disability to enable the child to be involved in and make progress in the general education curriculum; and meet each of the child's other educational needs that result from the child's disability.”  The IEP team may prioritize goals for students with more significant needs, and the resulting goals would be decided upon on a case by case basis depending on the individual student’s needs.

Must a student with a Cognitive Impairment (CI) have adaptive behavior goals?  It depends on the individual student’s need. An evaluation of the student’s adaptive behavior is required for CI eligibility. A goal would need to be written if a need for specialized instruction has been identified in the area of adaptive behavior/functioning.

Do all related services require a goal?

 If a student is receiving specialized instruction in the related services provider’s area of expertise, then a goal would be required.  The goal belongs to the student, not the related service providers. Multiple related services providers may work on the same goal, as appropriate.

Must academic or support goals be written for consultative services (such as TC)?  If a Teacher Consultant is providing specialized instruction to the student, then a goal would be required.  If TC is the only service offered on the IEP and there is a question whether the student needs a goal, then the IEP team ought to reconsider the student’s eligibility. Eligibility for special education requires that a student meet the definition of a student with a disability, which includes the need for specialized instruction.  IDEA Sec 300.39(b) (3) Specially designed instruction means adapting, as appropriate to the needs of an eligible child under this part, the content, methodology, or delivery of instruction-- (i) To address the unique needs of the child that result from the child's disability; and (ii) To ensure access of the child to the general curriculum, so that the child can meet the educational standards within the jurisdiction of the public agency that apply to all children.

Must a measurable goal identify a specific due date?  All annual goals must include the 4 areas of measurability: (1) By date, (2) the student will (demonstrate skill) (3) when/at (accuracy/condition/criteria) on (4) (type of assessment)  The date can be the specific date one year from the IEP date. However, to reduce the amount of typos or clerical errors, other appropriate examples may include “Within a year, the student will…” or “By June 2017, the student will…”

Must the type of assessment in a measurable goal be specific to a methodology?  All annual goals must include the 4 areas of measurability: (1) By date, (2) the student will (demonstrate skill) (3) when/at (accuracy/condition/criteria) on (4) (type of assessment)  IDEA guidance does not recommend identifying a specific methodology anywhere in the IEP unless it is imperative to do so. Methodology should be left to the discretion of the educational professional with regard to lesson planning and assessing student progress.  For the type of assessment in a measurable goal, appropriate examples may include: “teacher selected assessment” “classroom work” or “documented observations,” to name a few.

Must the objectives follow the 4 components of measurability as well?  Yes. All annual goals and short-term objectives or benchmarks must include the 4 areas of measurability: (1) By date, (2) the student will (demonstrate skill) (3) when/at (accuracy/condition/criteria) on (4) (type of assessment).

What is the difference between an objective and a benchmark?  Either short-term objectives or benchmarks, or a combination, are allowed in an IEP.  Objectives are pieces and parts of the goal, that when put together, will lead to obtainment of the overall goal.  Benchmarks are incremental steps that allow for progress monitoring and identify a progression of skills leading to the overall goal.

If benchmarking is used, is it ok to only report progress on the current benchmark?  Districts must report progress at least as often as the general education does.  If a goal or a benchmark is not due to start yet based on the identified dates in the IEP, then it makes sense that progress would not yet need to be reported and that benchmark may be identified as not yet applicable.

Supplementary Aids & Services (SAS) Section 5 Refer to the Oakland Schools Supplementary Aids & Services resources for compliance and recommended practice guidance

If accommodation are built into a program (i.e. ASD or SXI), does anything need to be written in the SAS to address this?  All accommodations that a student truly needs should be captured on the IEP. Although the support may be universal in a specific special education program, that may not be the case in the general education environment. Therefore, if a student’s disability-related need requires a support or accommodation in order to access or participate in the general education environment, then it should be documented on the IEP.

How do you specify a modified or accommodated curriculum when a student is not diploma- bound?  First, it is important to provide clarity on the terms “accommodated” and “modified” o Accommodations are the delivery of instruction or method of student performance that does not significantly change the content or conceptual difficulty of the curriculum. o A Modified curriculum can potentially result in changes in the conceptual difficulty of the curriculum.  All accommodations and modifications identified in the SAS must result from a data-based need specified in the PLAAFP.  For a high school student, a non-diploma/alternative curriculum would be identified in course of study in the transition section of the IEP. The IEP team may also specify and include a description of the course of study, such as preparation for employment or independent living skills.

Must the specific accommodation (i.e. AAC device) be identified?  IDEA guidance does not recommend identifying a specific methodology anywhere in the IEP unless it is imperative to do so. Methodology should be left to the discretion of the educational professional with regard to lesson planning and assessing student progress.  Instead of a specific methodology in a supplemental aid and service, appropriate examples may include: “use of a computer, laptop or iPad for written assignments,” “an electronic picture communication device,” “a picture communication system, ”or “a voice output device.”

Where do consultative services get recorded – in SAS or related services?  Either would be compliant – follow your district procedures

What is the definition of “condition” in the SAS?  IDEA Sec 300.320(a)(7) requires identification of the projected date for the beginning of the services and the frequency, location and duration of the services and modifications.  Condition is not defined in Rule or Regulation, but Sec 300.503(c)(1)(i) specifies that written notice (essentially the whole IEP) must be provided in language understandable to the general public. The word “condition” was a header added to many IEP forms to assist staff with being clear / understandable to the general public.

What is the definition of “location” in the SAS?  IDEA Sec 300.320(a)(7) requires identification of the projected date for the beginning of the services and the frequency, location and duration of the services and modifications.  Location is where the special education services will be provided. The intent of the IDEA Regulation was not to identify the district or building, but whether the services would be in the

least restrictive environment (LRE) – provided in the special and/or general education environment.

Do teachers really have to document provision of SAS every single time?  The provision of SAS must be documented; however documentation is dependent on the nature of the SAS identified.  Examples of documentation may include, a seating chart, an asterisk in the grade book indicating extended time, schedule of student’s day including break time(s), to name a few.  Keep in mind, this documentation provides the data that supports the need for SAS to continue.

Can a BIP be reviewed and revised without convening an IEP team meeting?  Yes. Members of an IEP team my meet to review or revise a behavior plan without an IEP. The exception to this would be if the behavior plan would necessitate change in the programs or services to be provided from what is specified in the IEP.

What must be written in the Least Restrictive Environment (LRE) section versus what goes in Notice?  IDEA Sec 300.114(a)(2) states that the district must ensure to the maximum extent appropriate, children with disabilities are educated with children who are nondisabled; and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.  Consideration of the LRE section must include a rationale as to why the student is unable to be successful in a less restrictive environment. When an exception to the least restrictive environment is necessary, the rationale must be identified in the LRE section of the IEP.  As an example of recommended practice, there is a state target that 80% of students with IEPs will spend 80% of their day in the general education setting. If a student is spending less time in general education, then a rationale should be considered.  Notice must include the options of LRE that were discussed and considered, but not selected.

What is the appropriate way to address LRE for a preschooler?  IDEA requires that LRE be addressed for all students (including preschoolers). Specifically, IDEA stipulates that a child will only be placed in a special education setting if the child cannot access, participate and make progress in the general environment even with supplementary aids and services and specialized instruction. The LRE part of the IEP should be used to address the needs of the child that would drive placement decisions. The IEP team must consider a full continuum of placements for children and document the decision.  Refer to https://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/preschoollre22912.pdf for further information.

State & District Assessment Section 6 Refer to the Oakland Schools State Assessment resources for compliance and recommended practice guidance

Do state and district assessment accommodations also need to be identified in the PLAAFP and SAS?  The need for an accommodation in a state or district assessment should definitely result from a need in identified in the PLAAFP.  IEP teams need to consider the need for accommodations across all assessment situations. There is not requirement in Rule or Regulation that what is identified as an accommodation for a state assessment must also be identified as an accommodation for SAS.

If a student only needs the standard allowable accommodations on the state assessment, do they need to be itemized on the IEP?  All accommodations that a student truly needs should be captured on the IEP, regardless of whether the support is universal, designated or an accommodation per the supports and accommodations table. If a student truly needs the support or accommodation per their disability, then it should be documented on the IEP to ensure that they get it relative to implementation of that IEP. If it is not listed on the IEP, just because it is available, does not mean the student will get it. This should ring true for assessment and instructional needs. (per John Jaquith, BAA, MDE)

When an IEP covers two grade levels, should the state assessments be listed for both years?  An IEP generally covers one grade level for the time frame in which the assessment is given. For example, the IEP may take place at the end of grade 9, but covers the test given in grade 10. If the IEP is done in the fall, the same grade level testing cycle will be current.  Unless a student’s needs change, the approval given by College Board for a student for a previous program (such as PSAT-8/9) are automatically approved for all future College Board programs (PSAT-10, SAT, AP exams, etc.) without having to re-apply each year.

Can a child not take the WIDA if the student is nonverbal? Must it be written in the IEP?  Sections of the WIDA could be appropriate for a nonverbal student. There are 4 language domains (sections) in the WIDA and WIDA-Access, an exception from one or more domains can be requested through MDE. Although accommodations and exceptions should be noted in the IEP, this request is made outside of the IEP process.

Special Education Services & Programs Section 7 Refer to the Oakland Schools Special Education & Related Services resources for compliance and recommended practice guidance

Must we identify services as “direct,” or is that implied and we just identify if “consult?”  Yes you must identify whether the services provided by a related service provider will be direct and/or consult.

What is the definition of “location” in the services and programs section?  IDEA Sec 300.320(a)(7) requires identification of the projected date for the beginning of the services and the frequency, location and duration of the services and modifications.  The location should identify where/how the special education services will be provided. For example, will they be pushed in to the general education environment, or will the student be pulled out to a special education setting? The intent of the IDEA was not to identify the district or building as the location, but whether the services would be provided in the least restrictive environment (LRE) – meaning in the special education setting, general education environment, or a combination of the two.

We know we need to write “special education” and/or “general education” as the location. But, do we need to specify the “community” for CBI? What about when an OT works with a student on hygiene in the bathroom? This came up with regard to Medicaid billing and SE/GE was not specific enough for the community or nontraditional settings.  The location as specified on the IEP is directly related to the environment where the student is receiving instruction. If instruction is provided (pushed in) to the general education setting, or co- taught, then the location would be identified as general education. If the instruction is provided by special education staff only (pulled out), whether in a special education classroom, related service personnel’s office, in a bathroom, or out in the community, then the location would be special education. If a combination of approaches is used for the same student, then the location would be identified as both general and special education. *emailed Susan Powell for verification

If the IEP follows the school calendar, do we need to identify “duration?”  IDEA Sec 300.320(a)(7) requires identification of the projected date for the beginning of the services and the frequency, location and duration of the services and modifications.  Duration is a required element of the IEP; however, some IEP forms have an asterisk in the duration box that the programs and services will follow the school calendar unless otherwise noted.

Is it possible to write an IEP for social work services only?  It is possible, but very rare. We suggest you check with your Special Education Director and/or district procedures first. This may be an instance where a 504 is considered instead of an IEP, depending on the severity of the student’s needs.

Must specialized transportation be identified for schools of choice and open enrollment students, or Project Search candidates?  Once a student has been enrolled by a public school district via schools of choice or open enrollment, it is the district’s responsibility to provide FAPE. This would include specialized transportation if the student requires it as determined by the IEP team.  The Project SEARCH model supports true transition including teaching young adults to use public transportation, as available, and/or skills in arranging transportation options. Project SEARCH Cincinnati operates under the premise that since Project SEARCH has an application/selection process; those selected are choosing to follow the model including the transportation other than

the yellow school bus. Given that, if the IEP team determines that FAPE for a young adult includes the Project SEARCH experience that lack of transportation can’t be a barrier to access and participation in the one year program. o Examples include: Transportation is handled many different ways across MI Project SEARCH sites – some provides bus cards/passes for public transportation, some gas cards, some families/students car pool, some have a meeting spot at a student’s house that’s within a public transportation or specialized transportation route, some districts have offered ‘transportation scholarships’ and some students drive themselves. Whenever possible the students receive travel training via their MRS/Project SEARCH case services. o Resources  Project SEARCH - www.projectsearch.us  Oakland County Transition Assistance Moodle (OCTA) – see the Project SEARCH section http://moodle.oakland.k12.mi.us/os/course/view.php?id=894

Does suspension from the bus really = school suspension?  If a student with an IEP is suspended from the regular bus, and there is NO indication of specialized transportation on the IEP, then that would not be counted as a day of removal from school. The parents would be responsible to get their child to school, just like any general education student in the district.  If a student is suspended from “specialized transportation” written into the IEP and was unable to get to school in some other agreed-upon form, then (and only then) it would also count as a day of removal from school. The key is if a district identifies specialized transportation on the IEP; then the district is responsible for that transportation (above and beyond a general education student requirement). If the student is suspended from the bus, then the district remains responsible to get the student to school, or it would be counted as a removal from school as well.

If a fall IEP determines that Extended School Year (ESY) services are necessary, is it okay not to specify the details of the service yet?  ESY services must be considered at every IEP team meeting. If ESY services are determined to be necessary, the IEP must reflect the details of those services.

If an October IEP determines that ESY services are necessary, when would the ESY services begin?  IDEA Sec 300.320(a)(7) requires identification of the projected date for the beginning of the services and the frequency, location and duration of the services and modifications.  If ESY services are determined to be necessary, the IEP must reflect the details of those services. Keep in mind, ESY services must be considered for any break in instruction.  Here is a link to Oakland School’s ESY consideration chart: https://oakland.k12.mi.us/instructional/technical-assistance/special-ed-compliance/iep- development/Documents/9.%20ESY%20Form2%20SY2015-2016.pdf

If a student receives all services in the general education environment, how is the FTE calculated for pupil accounting (1.0 FTE)?  FTE is determined by the amount of time the student receives special education instruction, regardless of the location.  If a student receives related services only (such as SLP, SSW, etc.), the FTE would be reported as 1.0 general education.  For preschool aged students, no general education FTE can be claimed.

Notice of an offer of FAPE Refer to the Oakland Schools Notice resources for compliance and recommended practice guidance

What is considered demographic data on Notice?  The information on Notice must match the information on the demographic section of the IEP.  All demographic information on the IEP does not need to be repeated on Notice.

What is the true IEP date?  Notice of FAPE is the “IEP date” that must be reported to MSDS.  All required IEP timelines are driven by the prior Notice of FAPE.  Here is the link to Oakland Schools IEP/date flowchart: https://oakland.k12.mi.us/instructional/technical-assistance/special-ed-compliance/iep- development/Documents/The%20Annual%20Review%20of%20the%20IEP.pdf

30 day timeline for initials: Do we need to have the IEP meeting within 30 school days, or does Notice need to be provided within 30 school days?  Notice

If parents sign consent for initial services on Notice, can you implement the services before the date listed on the IEP as the implementation date?  No – must follow date specified on the IEP or an agreed-upon Amendment to change that date.

If you offer FAPE for a student with an ECSE program and the parent refuses to consent to services, can you agree to provide speech walk-in service (what the parent wants) instead? Is it all or nothing?  Parents are a member of the IEP team, and as such are a part of the team that determines what FAPE is for a specific child. For preschool aged children, it is understood and expected that parents have an extensive amount of data regarding how the child accesses, participates, and makes progress in typical daily routines.  Parents do not have the right to consent to pieces and parts of FAPE. However, districts are cautioned in making decisions about removing a child from the least restrictive environment without have adequate data that the child cannot be successful, even without supplementary aids and services and specialized instruction.

Other relevant questions not directly associated with the IEP

Is there a timeline that dictates when a parent must sign consent on a REED?  IDEA does not impose timelines on parent.  It is suggested that all attempts to contact and communicate with parents are documented.

If multiple areas of eligibility are considered during an evaluation, are MET eligibility forms required for all areas discussed, or just for the area of primary disability?  Written evaluation reports should be thorough and include all areas of eligibility suspected and considered.  MET eligibility forms are a convenient way to document the considerations and recommendations of the MET. Follow your district procedures regarding the precise use or MET eligibility forms.

Oakland Schools Compliance Unit Contacts If you have further questions, please contact the Compliance Consultants at Oakland Schools:

Kelly Friedland, 504, PSA, and Central Coordination Consultant  248-209-2179, [email protected]

Matt Korolden, K-8 Compliance Consultant and Parent Liaison  248-209-2552, [email protected]

Lydia Moore, Early Childhood Special Education Consultant  248-209-2308, [email protected]

Cathy Schmidt, High School & Adult Transition Special Education Consultant  248-209-2504, [email protected]

Michelle Wolschlager, Monitoring & State Complaint Compliance Consultant  248-209-2089, [email protected]

Last updated: March 2017 Page 18 of 18