IEP Meetings and Changes to the IEP

Individualized Education Program (IEP), 
Team Meetings and Changes to the IEP


U.S. Department of Education, Office of Special Education 
IDEA Regulations
INDIVIDUALIZED EDUCATION PROGRAM (IEP) TEAM MEETINGS AND CHANGES TO THE IEP
(See also Individualized Education Program (IEP) and Secondary Transition)


The reauthorized Individuals with Disabilities Education Act (IDEA) was signed into law on Dec. 3, 2004, by President George W. Bush. The provisions of the act became effective on July 1, 2005, with the exception of some of the elements pertaining to the definition of a “highly qualified teacher” that took effect upon the signing of the act. The final regulations were published on Aug. 14, 2006. This is one in a series of documents, prepared by the Office of Special Education and Rehabilitative Services (OSERS) in the U.S. Department of Education that covers a variety of high-interest topics and brings together the regulatory requirements related to those topics to support constituents in preparing to implement the new regulations.1 This document addresses significant changes in final regulatory requirements from preexisting regulations regarding IEP Team meetings and changes to the IEP. 


IDEA Regulations


1. Identify the members of the IEP Team.


The public agency must ensure that the IEP Team for each child with a disability includes:
• The parents of the child;
• Not less than one regular education teacher of the child (if the child is, or may be, participating in the regular education environment);
• Not less than one special education teacher of the child, or where appropriate, not less than one special education provider of the child;
• A representative of the public agency (who has certain specific knowledge and qualifications);
• An individual who can interpret the instructional implications of evaluation results and who may also be one of the other listed members;
• 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
• Whenever appropriate, the child with a disability.


In accordance with 34 CFR 300.321(a)(7), the public agency 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 under 34 CFR 300.320(b).
[34 CFR 300.321(a) and (b)(1)] [20 U.S.C. 1414(d)(1)(B)]


2. Identify instances when an IEP Team member may not need to attend. 


A member of the IEP Team described in 34 CFR 300.321(a)(2) through (a)(5) 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.


A member of the IEP Team described in 34 CFR 300.321(a)(2) through (a)(5) 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:
• The parent, in writing, and the public agency consent to the excusal; and
• The member submits, in writing to the parent and the IEP Team, input into the development of the IEP prior to the meeting.
[34 CFR 300.321(e)] [20 U.S.C. 1414(d)(1)(C)]


3. Provide for inviting representatives from the Part C system.


In the case of a child who was previously served under Part C of the IDEA, an invitation to the initial IEP Team meeting must, at the request of the parent, be sent to the Part C service coordinator or other representatives of the Part C system to assist with the smooth transition of services.
[34 CFR 300.321(f)] [20 U.S.C. 1414(d)(1)(D)]


4. Require that the notice inform parents of other IEP Team participants.


The notice required under 34 CFR 300.322(a)(1) (regarding an IEP meeting), among other things, must inform the parents of the provisions in 34 CFR 300.321(a)(6) and (c) (relating to the participation of other individuals on the IEP Team who have knowledge or special expertise about the child), and 34 CFR 300.321(f) (relating to the participation of the Part C service coordinator or other representatives of the Part C system at the initial IEP Team meeting for a child previously served under Part C of the IDEA).
[34 CFR 300.322(b)(1)] 


5. Revise requirements for when transition content must be included in an IEP meeting notice.


For a child with a disability 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, the notice required under 34 CFR 300.322(a)(1) (regarding an IEP meeting), among other things, must:
• Indicate that a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the child, in accordance with 34 CFR 300.320(b) and that the agency will invite the student; and
• Identify any other agency that will be invited to send a representative.
[34 CFR 300.322(b)(2)] 


6. Set forth provisions regarding consideration of Individualized Family Services Plans (IFSPs) for children aged three through five.


In the case of a child with a disability aged three through five (or, at the discretion of the State educational agency (SEA), a two-year-old child with a disability who will turn age three during the school year), the IEP Team must consider an IFSP that contains the IFSP content (including the natural environments statement) described in section 636(d) of the IDEA and its implementing regulations (including an educational component that promotes school readiness and incorporates pre-literacy, language, and numeracy skills for children with IFSPs under 34 CFR 300.323 who are at least three years of age), and that is developed in accordance with the IEP procedures under Part B. 


The IFSP may serve as the IEP of the child, if using the IFSP as the IEP is consistent with State policy and agreed to by the agency and the child’s parents.


In implementing these IFSP provisions, the public agency must provide to the child’s parents, a detailed explanation of the differences between an IFSP and an IEP. If the parents choose an IFSP, the public agency must obtain written informed consent from the parents.
[34 CFR 300.323(b)] [20 U.S.C. 1414(d)(2)(B)]


7. Require that the IEP be accessible to teachers and others responsible for its implementation. 


Each public agency must ensure that:
• The child’s IEP is accessible to each regular education teacher, special education teacher, related services provider, and any other service provider who is responsible for its implementation; and
• Each teacher and provider described in this provision, is informed of his or her specific responsibilities related to implementing the child’s IEP and the specific accommodations, modifications, and supports that must be provided for the child in accordance with the IEP.
[34 CFR 300.323(d)] 


8. Address the IEP for a student who transfers to a different school district in the state. 


If a child with a disability (who had an IEP that was in effect in a previous public agency in the same State) transfers to a new public agency in the same State, and enrolls in a new school within the same school year, the new public agency (in consultation with the parents) must provide a free appropriate public education (FAPE) to the child (including services comparable to those described in the child’s IEP from the previous public agency), until the new public agency either adopts the child’s IEP from the previous public agency, or develops, adopts, and implements a new IEP that meets the applicable requirements in 34 CFR 300.320 through 300.324.
[34 CFR 300.323(e)] [20 U.S.C. 1414(d)(2)(C)(i)(I)]


9. Address the IEP for a student who transfers from another state.


If a child with a disability (who had an IEP that was in effect in a previous public agency in another State) transfers to a public agency in a new State, and enrolls in a new school within the same school year, the new public agency (in consultation with the parents) must provide the child with FAPE (including services comparable to those described in the child’s IEP from the previous public agency), until the new public agency conducts an evaluation pursuant to 34 CFR 300.304 through 300.306 (if determined to be necessary by the new public agency) and develops, adopts, and implements a new IEP, if appropriate, that meets the applicable requirements in 34 CFR 300.320 through 300.324.
[34 CFR 300.323(f)] [20 U.S.C. 1414(d)(2)(C)(i)(II)]


10. Address transmittal of records for students who transfer.


To facilitate the transition for a child described in 34 CFR 300.323(e) and (f) (who transfers within the State or from another State), the new public agency in which the child enrolls must take reasonable steps to promptly obtain the child’s records, including the IEP and supporting documents and any other records relating to the provision of special education or related services to the child, from the previous public agency in which the child was enrolled, pursuant to 34 CFR 99.31(a)(2) (Family Education Rights and Privacy Act (FERPA)) and the previous public agency in which the child was enrolled must take reasonable steps to promptly respond to the request from the new public agency.
[34 CFR 300.323(g)] [20 U.S.C. 1414(d)(2)(C)(ii)]


11. Add a new provision for AMENDING the IEP without another meeting. 


In making changes to a child’s IEP after the annual IEP Team meeting for a school year, the parent of a child with a disability and the public agency may agree not to convene an IEP Team meeting for the purposes of making those changes, and instead may develop a written document to amend or modify the child’s current IEP. 


If changes are made to the child’s IEP in accordance with 34 CFR 300.324(a)(4)(i), the public agency must ensure that the child’s IEP Team is informed of those changes.
[34 CFR 300.324(a)(4)] [20 U.S.C. 1414(d)(3)(D)]


Changes to the IEP may be made either by the entire IEP Team at an IEP Team meeting, or as provided in 34 CFR 300.324(a)(4), by amending the IEP rather than by redrafting the entire IEP. Upon request, a parent must be provided with a revised copy of the IEP with the amendments incorporated.
[34 CFR 300.324(a)(6)] [20 U.S.C. 1414(d)(3)(F)]


12. Encourage consolidation of IEP meetings. 


To the extent possible, the public agency must encourage the consolidation of reevaluation meetings for the child and other IEP Team meetings for the child.
[34 CFR 300.324(a)(5)] [20 U.S.C. 1414(d)(3)(E)]


13. Provide for the review and, as appropriate, revision of the IEP.


Each public agency must ensure that, the IEP Team reviews the child’s IEP periodically, but not less than annually, to determine whether the annual goals for the child are being achieved and revises the IEP, as appropriate, to address:
• Any lack of expected progress toward the annual goals and in the general education curriculum, if appropriate;
• The results of any reevaluation;
• Information about the child provided to, or by, the parents, as described under 34 CFR 300.305(a)(2) (related to evaluations and reevaluations);
• The child’s anticipated needs; or
• Other matters.


In conducting a review of the child’s IEP, the IEP Team must consider the special factors described in 34 CFR 300.324(a)(2) (development of the IEP).


A regular education teacher of the child, as a member of the IEP Team, must, consistent with 34 CFR 300.324(a)(3) (participation of regular teacher in development of the IEP), participate in the review and revision of the IEP of the child.
[34 CFR 300.324(b)] [20 U.S.C. 1414(d)(4)]


14. Authorize alternative means of meeting participation.


When conducting IEP Team meetings and placement meetings pursuant to subparts D and E of Part 300, and carrying out administrative matters under section 615 of the IDEA (such as scheduling, exchange of witness lists, and status conferences), the parent of a child with a disability and a public agency may agree to use alternative means of meeting participation, such as video conferences and conference calls.
[34 CFR 300.328] [20 U.S.C. 1414(f)]


1 Topics in this series include: Alignment With the No Child Left Behind (NCLB) Act; Changes in Initial Evaluation and Reevaluation; Children Enrolled by Their Parents in Private Schools; Discipline; Disproportionality and Overidentification; Early Intervening Services; Highly Qualified Teachers; Identification of Specific Learning Disabilities; Individualized Education Program (IEP) Team Meetings and Changes to the IEP; Individualized Education Program (IEP); Local Funding; Monitoring, Technical Assistance and Enforcement; National Instructional Materials Accessibility Standard (NIMAS); Part C Amendments in IDEA 2004; Part C Option: Age 3 to Kindergarten Age; Procedural Safeguards: Surrogates, Notice and Consent; Procedural Safeguards: Mediation; Procedural Safeguards: Resolution Meetings and Due Process Hearings; Secondary Transition; State Complaint Procedures; State Funding; and Statewide and Districtwide Assessments. Documents are available on the IDEA Web site at: http://IDEA.ed.gov.


http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CTopicalBrief%2C9%2C

Broken Record Sayings & IEP Meeting Conversation Stoppers

I would like to pull together from my readers ~ the broken record sayings you hear at your IEP meetings. Contact me with your broken record sayings you want to toss in the recycle bin! 
If you attend IEP Meetings ~ this 'newsie' article is 
nothing new to you! 
Click==> IEP Meeting Conversation Stoppers <==Click

All you ever wanted to know about IEP's

IEP's
(Click to go directly to Kids Together, Inc. link)

Here is really great link about IEP's ~ what they are all about! What to expect at your Child's IEP meeting and what not to accept either! This website is so chock full of great stuff! Share this link with your friends!
BOOKMARK THIS WEBSITE!

This is a website called: Kids Together, Inc. nonprofit 501(c)3 Information & Resources for Children & Adults with Disabilities. http://www.kidstogether.org/

Parent Training & IEP Workshop ~ Basic Areas of an IEP Document.

Please join me for a Parent Training & IEP Workshop  ~ To go over the basic areas of an IEP document.

Wed. evening  JUNE 30th, 2010

7PM - 9PM at Kids S.P.O.T. in the Oakwood Plaza. Hollywood, FL

*North of Sheridan St. across the street from the Oakwood Plaza Movies http://www.kidsspotrehab.com/

There is a $10 Training fee

RSVP 5PM 6/29/10 to: nancy.harris@dsadvocate.com

FREE BOOK to those that arrive ON TIME!

Bring your IEP's with you! Meet others and learn new advocacy skills!

Carpool & bring a friend!

*Please Pass This Info To Others That Would Be Interested -Thanks!

BRING YOUR IEP'S WITH YOU!!

Will go over the importance of all the different areas of the IEP Document and why each area is important.

FREE BOOK for those that arrive on time!
RSVP RSVP RSVP

AUDIO ~ Florence County School District Four v. Carter

AUDIO of: Florence County School District Four v. Carter
http://www.oyez.org/cases/1990-1999/1993/1993_91_1523/argument
CLICK ON THIS LINK and listen to the newest SUPREME COURT RULING!! Amazing stuff to listen to and you can also read it as well!

FAPE = FREE AND APPROPRIATE EDUCATION

This has to do with reinbursement to the parent if they enrolled their child in a private school when the public school did not provide FAPE.

This website is interesting...check it out!

Have a great day!

IDEA says about Assistive Technology & English Language Learners

The laws and rules relating to the use of assistive technology for meeting the educational needs of students with disabilities, parental consent REVOKE (new!), and services for English language learners (ELLs) with disabilities.

Assistive technology, Section 300.24(a)(2)(v) of Title 34 of the Code of Federal Regulations (the “yellow book”), the IEP Team must “consider whether the child needs assistive technology devices and services.” Additional related sections of Title 34 CFR are 300.105(a), 300.105(b), 300.113, 300.5, and 300.6. Additionally, Florida State Board of Education Rule 6A-6.03028(3)(g)(10), Florida Administrative Code (F.A.C.) (the “red book”), states that in IEP development, review, and revision the IEP Team shall consider “whether the student requires assistive technology devices and services. On a case-by-case basis, the use of school-purchased assistive technology devices in a student’s home or in other settings is required if the IEP Team determines that the student needs access to those devices in order to receive a free appropriate public education…”

For ELLs with disabilities, 6A-6.03028(3)(g)(10), F.A.C., states that the IEP Team shall consider “in the case of a student with limited English proficiency, the language needs of the student as those needs relate to the student’s IEP.”

In regards to parental consent, section 300.300 of Title 34 CFR describes the procedures school districts must follow in obtaining parental consent for evaluations. Note that in some cases parental consent may not be required (e.g. if the district has made “reasonable efforts” to obtain consent or if the parent has “failed to respond,” or for certain tests or evaluations that are administered to all students). Note also that a district may use dispute resolution procedures to obtain parental consent in some cases. See also state regulation Rule 6A-6.0331.

Below are direct links to the federal and state regulations:

Title 34 CFR (“yellow book”)  ~ IDEA
http://idea.ed.gov/download/finalregulations.pdf

Florida Rules (“red book”)
http://www.fldoe.org/ese/pdf/1b-stats.pdf

IEP after IEP after IEP.....HOW'S IT REALLY GOING IN BROWARD?

So many IEP's being held the last few weeks of school...I find it absolutely amazing that so many IEP meetings get scheduled at 'crunch time' just before the school year ends. I also it find it amazing how many of them are for our Children with Down syndrome....and my goodness what if parents are trying to be active participants in constructing their Child's IEP by making sure their PARENT INPUT is written into the 4 different domains! There must be a new push to try to make sure our parents words and concerns or issues are only allowed to be inserted in just the beginning section of the IEP document, the PARENT INPUT section. Where is it written to say that parents are NOT ALLOWED to provide anymore written words or parent input anywhere else on that wonderful IEP document?


This seems to be the new PUSH for our district here in Broward County that I have come across on a number of occassions...and that is to NOT ALLOW PARENTS the right to be active participants in creating the IEP document, throughout the entire document and that includes anywhere on the IEP document where needed!


So many of the pre-written up IEP DRAFTS have only the SCHOOL staff's side of the PLP=Present Level of Preformance of that child. I would think that the parents percpective would be a vital piece of information that the school would want to know about!...again...it seems our district is trying to do something that certainly does NOT MAKE SENSE...won't be the first time!


What is with that  DRAFT too....being all set up and ready to go before our IEP meetings have ever been held? The supports and services all done...PLACEMENT DECISSIONS being done by...'who' ahead of the meeting?...hmmmm...this seems to be our school principals and our districts way of controlling our IEP meetings and placement decisions and certainly where and what type of supports our Children need. Is inclusion encouraged for our little kiddo's with Down syndrome....ABSOLUTLY NOT!!! Seems Broward County Schools would rather encourage parents to file for a Due Process instead of allowing parents to be active and involved decision makers for their Child's educational needs! I think this is about not wanting to have our Children in General education classrooms anymore! There seems to be a bigger push to exclude and segregate our Children from the General school population with their non-ESE classmates!


Parents, if you haven't attended a parent training near you, it's time to start educating yourselves on how to become a confident advocate for the things you believe in! If I hear that 'there is no funding' one more time..........is it ALL about funding or is about taking away what can be funded because there IS FUNDING for our Children?


The "I" seems to have been taken out of the Educational Plan more and more!!