Slippery Slope! Tips to Avoid IEP
Missteps
Presentation Objectives
Recognize and avoid 12 of the most common IEP missteps
Target skills to build and maintain trust between schools and parents
Adapted from Lake, S. (2010). Slippery slope! The IEP missteps every team must know – and how to avoid them. Danvers, MA: LRP.
IDEA 2004 In the words of a
principal drafter of the original special education act, Robert T. Stafford (1978), “an individualized education program (IEP) is the central part of this act”
The critical role of the IEP is to improve educational results for children with disabilities
What does IDEA promise?
Mandate to ensure a child with a disability receives access to a free appropriate public education (FAPE)
A written plan – the IEP
Meeting the Rowley Standard In 1982, the Supreme Court
interpreted the lynchpin of FAPE is a child’s access to educational
opportunity, not the specific achievement of
educational results The two prong Rowley test
for FAPE: Has the LEA complied with
procedural requirements of IDEA?
Is the IEP reasonably calculated to enable the child to receive educational benefit?
Board of Education of Hendrick Hudson Cent. Sch. Dist. v. Rowley, 553 IDELR 656 (U.S. 1982)
Misstep 1: Failing to Obtain Informed Parental ConsentPurpose for notice of parental consent
Parent’s involvement in identification and response to a suspected disability is encouraged and facilitated
The school district must make an adequate response to parental concerns about children who may have disabilities
Consent RequirementsDocument attempts to obtainRevocation of informed consent
Strategies for Compliance To Obtain Informed Parental Consent
Provide relevant information in written form and through documented discussion in the IEP
meeting in the parents’ native language or other mode of
communication Document all efforts to obtain in writing Develop specific forms for documentation Fully describe disputed issues about informed consent in the IEP
deliberations Make sure parents know they can revoke consent Follow verbal commitments with written informed consent If the student has reached age of majority and rights are
transferred, make sure the student provides informed consent
Misstep 2: Failing to Ensure Parents’ Meaningful Participating in the IEP Process IDEA “imposes upon the school the duty to
conduct a meaningful meeting with the appropriate parties” 18 IDELR 1019 (9th Cir. 1992)
Parents role Notify parents with sufficient time to ensure opportunity
to attend Schedule the meeting at a mutually agreed time and
place IEP notice
Indicate purpose, time, and location Identify all persons invited Include required components
Strategies for Compliance to Ensure Parents’ Meaningful Participating in the IEP Process Work to ensure amicable agreement about IEP scheduling If the school elects to meet and adopt an IEP for a student
without the parents’ presence, then they need to have carefully documented attempts to ensure attendance
Ensure meetings are scheduled and actually held at agreed to times
Be able to readily show that the parent is an active and effective participant in the IEP development
Attempt to resolve or mediate any communication problems Carefully evaluate and consider all parental requests Encourage school staff to personally contact parents early in
the school year
Misstep 3: Predetermining IEP Services and PlacementAn IDEA placement decision is a
cooperative determination concerning the location where a school will implement the student’s IEP The district is under no obligation to provide the
placement requested by a parent, however must be willing to consider
Avoid predetermining prior to or outside of the IEP meeting
Strategies for Compliance to Avoid Predetermining IEP Services and Placement Make sure the IEP meeting agenda refers to review a “draft”
IEP and that the “draft” is marked or stamped as “draft” Caution district staff members to avoid making any statements
that could be interpreted as predetermining services or placement
Listen carefully to disagreements or concerns and allow enough time to discuss
Examine relevant documents parents may bring to the meeting and document consideration in deliberations
Make changes as appropriate to the “draft” Involve the parents at every stage of the meeting, providing
them with all necessary information to make informed decisions
Ensure the IEP team actually makes a formal, written offer of placement
Misstep 4: Improperly Excusing IEP Team MembersAvoid the temptation to routinely or
unilaterally excuse IEP team members – especially general education teacher
Be sure to meet prior notice and agreement requirements
Review IDEA requirements
Strategies for Compliance to Avoid Improperly Excusing IEP Team Members Prepare standard forms for written input, consent, and
agreement Comply with IDEA consent requirements Document district’s reasonable efforts to obtain parental
consent Anticipate IEP issues Avoid routine use of excusal process Make sure parents understand they are consenting to excuse an
IEP team member Obtain excused member’s written input in advance of the
meeting Exercise caution if the parents change their mind about excusal
Misstep 5: Improper IEP Team MembershipEnsure proper composition of the IEP team
– mandatory and permitted
Strategies for Compliance to Ensure Proper IEP Team Membership Notify parents early enough to allow a reasonable and fair
opportunity to attend Ensure parental meeting notifications include the purpose,
time, and location of the meeting To extent possible, schedule meetings at mutually agreed upon
time and place Keep records of attempts to arrange a mutually agreed upon
time and place Attempt to use methods other than face to face to ensure
parent participation
Misstep 6: Failing to Address Transition to Postsecondary Activities and Independent LivingIDEA requirements
Definition of transition services Transition requirements Child’s interests Age for services Postsecondary goals
Strategies for Compliance to Address Transition to Postsecondary Activities and Independent Living Create a formal written transition plan Incorporate transition planning into the IEP Develop individual transition plans Ensure transition planning process starts and is documented at
least by age 16 for each IDEA eligible child Involve parents and students as much and as early as possible Draft postsecondary goals that accurately reflect the goals that
a child hopes to achieve Review IEPs to make sure they identify important skills needed
for transition goals Avoid drafting generic transition plans
Misstep 7: Failing to Ensure Availability of a Continuum of Alternative Placements Both the Daniel R.R. (1989) and the Oberti (1993)
looked at whether a district complied with the Least Restrictive Environment (LRE) requirement and identified two prongs: Whether the student can be educated in a regular
classroom with the use of supplemental aids and services
Whether the district has mainstreamed the student to the maximum extent appropriate
The continuum of alternative placements ranges from least (general education classroom) to most (residential placement) restrictive environments
Strategies for Compliance to Ensure Availability of a Continuum of Alternative Placements Make sure that space does not drive placement decisions Ensure general educators believe that students with disabilties
can learn content-based curriculum Avoid predetermination of placement Conduct regular in-service training on LRE and continuum of
alternative placement issues Avoid vague, generalized recommendations regarding LRE in
the IEP
Misstep 8: Failing to Consider the 5 “Special Factors”IEP teams must evaluate and consider
Behavior Limited English proficiency Blind/visually impaired Deaf/hearing impaired Assistive technology
Strategies for Compliance to Consider the 5 “Special Factors” Ensure the IEP team specifically reviews all of the 5 special
factors as a part of the IEP team process, with parental participation and approval, each and every time an IEP is developed, reviewed, or revised
Draft and review behavior intervention plans (BIPs) with input from an individual appropriately credentialed
For a child who is blind or visually impaired, consider instruction in and use of Braille
For deaf and hearing-impaired, consider the child’s language and communication needs
Misstep 9: Failing to Follow Proper Procedures for Publicly Placed Private School StudentsIf the district is unable or unwilling to
provide FAPE in the public school, that district shall assume the cost of educating the student in a private school
Strategies for Compliance to Follow Proper Procedures for Publicly Placed Private School Students Initiate and conduct a meeting to develop an IEP for a student
placed in private schools Ensure that staff knows the district remains responsible for the
education of the student who is publicly placed in private school
Ensure a representative of a private school attends the IEP meeting
Misstep 10: Failing to Follow Requirements for Interstate and Intrastate TransfersIDEA requirements
IEPs Transmittal of records
Strategies for Compliance to Follow Requirements for Interstate and Intrastate Transfers
Ensure the district consults with the parents and provides services comparable to those in the previous district
Be familiar with intrastate and interstate IDEA requirements Request transmittal of records
Misstep 11: Failing to Address a Student’s Behavioral and Emotional NeedsAddress behaviors that impact the
student’s educationConsider, when appropriate, when
appropriate, strategies, including positive behavior interventions, strategies, and supports to address behavior
Strategies for Compliance to Address a Student’s Behavioral and Emotional Needs Obtain all the behavioral information the IEP team needs Determine if the student demonstrated behaviors that are
unsafe and/or interfere with the learning environment Carefully review the student’s academic and behavioral history Determine if the student has been routinely removed from the
general education classroom because of inappropriate behavior
Conduct or update a functional behavior assessment (FBA) Develop a behaivor intervention plan (BIP)
Misstep 12: Failing to Establish and Consider Existing Evaluation Data and Present Levels of PerformanceThe IDEA has long required the IEP team,
during initial evaluations and reevaluations to review existing data as well as present levels of academic achievement and functional performance
Strategies for Compliance to Establish and Consider Existing Evaluation Data and Present Levels Ensure the IEP team fully considers all evaluation data Ask parents their concerns Document and discuss the implications of all results from
assessments and evaluations conducted since the last IEP meeting
Analyze precisely what the student knows and is able to do Ensure the IEP contains a summary or explanation of the data
the IEP team considered, so that any reader can easily understand the IEP team’s interpretation of the data
Have the IEP team discuss what the student should know or be able to do bythe time of the annual review
Summary Comply with federal and
state mandates Implement the IEP Once an error is
discovered, the best practice is to admit the mistake, promptly notify parents, and take all reasonable steps to correct
Offer compensatory education for an IEP error
Professional Development
Provide in-service training sessions to avoid mistakes or remedy issues
Work to build relationships with parents and include their input
Review policies, practices, and procedures to avoid IEP missteps
For Technical Assistance and Training
ContactSpecial Education Solutions
Region 4 Education Service Center7145 West TidwellHouston, TX 77092
713.744.6365
Linda De Zell Hall, [email protected]
Jerry [email protected]
713.744.6393