Section A: Legal Requirements for each stage of the IEP Process

Stage 1: Pre-Referral, Referral

Procedural Requirements
(cite requirement with OAR/district policy and reference # here) / Case Manager’s Responsibilities
(case manager interviews) / Paperwork (Forms)
(names/descriptions of forms) / Implementation Challenges
(case manager interviews and review of ODE complaints)
581-015-2080
Child Find / Identify, notify and referral / “Prior Written Notice with Consent to Eval” / ODE: when parents move into area, want to register, you must maintain contact and make good effort to establish their child in the district.
581-015-2085
Child Find for Children Attending Private Schools / If within school district, provide eval every 3yr.
581-015-2090
Consent for initial evaluation and services / Talk to people dealing with student- get consent is responsib. Of secretary. At any change to IEP. 10 days from referral contact parents / “Prior to Written Notice about Eval/Consent for Eval”
“Notice of Team Meeting’ / ODE: Get written consent from parent before evaluation, if no response, document reasonable measures to obtain consent.
581-015-2095
Exceptions to Consent / “Surrogate Parent Application”
581-015-2310
Prior Written Notice / “Prior Written Notice”

Stage 2: Identification: Evaluation / Eligibility

Procedural Requirements
(cite requirement with OAR/district policy and reference # here) / Case Manager’s Responsibilities
(case manager interviews) / Paperwork (Forms)
(names/descriptions of forms) / Implementation Challenges
(case manager interviews and review of ODE complaints)
581-015-2100
Responsibility for Evaluation and Eligibility Determination / Conduct testing- WIATT, assessm, teacher made data and observations. 60 days to complete and report findings / “Prior Notice of Special Education Action”
“Notice of Eval”
581-015-2105
Evaluation and Reevaluation Requirements / “Progress Monitoring Data Forms” for SLD
581-015-2110
General Evaluation and Reevaluation Procedures / “Progress Monitoring” Eval Reports, Statement of Elig. Health and/or Med Assessment, Meeting Minutes
581-015-2115
Evaluation Planning / 3 yr make sure done and have data, all team members, schedule meetings and all service providers involved
581-015-2120
Determination of Eligibility / “Statement of Eligibility” / ODE: Provide a copy of evaluation/ eligibility report to the parents
581-015-2125
Interpretation of Evaluation Data / Be able to interpret data on IEP / Evaluation reports, psych educational reports

Stage 3: Planning & Drafting IEP (Documents & Meeting)

Procedural Requirements
(cite requirement with OAR/district policy and reference # here) / Case Manager’s Responsibilities
(case manager interviews) / Paperwork (Forms)
(names/descriptions of forms) / Implementation Challenges
(case manager interviews and review of ODE complaints)
581-015-2190
Parent Participation - General / Must include, through communication prior, during and after. Three communication attempts. / “Notice of Team Meeting”
581-015-2200
Content of IEP / 30 days to have IEP meeting / IEP Forms - ODE / ODE: describe impact of disability on involvement in general curriculum
ODE: use current info.
ODE: extended school year criteria
ODE: specially designed instruction well defined
ODE: non-participation needs to be described- amt of removal and should be consistent with other parts of IEP
581-015-2215
Oregon Standard IEP

Stage 4: IEP Meeting (Determining LRE)

Procedural Requirements
(cite requirement with OAR/district policy and reference # here) / Case Manager’s Responsibilities
(case manager interviews) / Paperwork (Forms)
(names/descriptions of forms) / Implementation Challenges
(case manager interviews and review of ODE complaints)
581-015-2195
Additional Parent Participation Requirements for IEP and Placement Meetings
581-015-2210
IEP Team / Invite proper members and supplemental / IEP demographics coversheet
581-015-2205
IEP Team Considerations and Special Factors / IEP Special Factors, PLAAFP
581-015-2240
Requirement for Least Restrictive Environment / Make team determination placement, provide options on IEP / Service Summary, PLAAFP, Special Education Placement Determination
581-015-2245
Alternative Placements and Supplementary Aids and Services / Service Summary
581-015-2250
Placement of the Child / Special Education Placement Determination
581-015-2255
Nonacademic Settings

Stage 5: Implementation (Progress Notes & Annual Reviews)

Procedural Requirements
(cite requirement with OAR/district policy and reference # here) / Case Manager’s Responsibilities
(case manager interviews) / Paperwork (Forms)
(names/descriptions of forms) / Implementation Challenges
(case manager interviews and review of ODE complaints)
581-015-2220
When IEPs Must Be In Effect
581-015-2225
Review and Revision of IEPs / “Notice of Team Meeting” “Prior Notice for Sped Action” “IEP Demographic Page with Revision Date” “Meeting Minutes” plus any page that is changed
581-015-2230
Transfer Students / See handout, “Special Ed Move-In Process for SLC or Special School”

Stage 6: Transition

Procedural Requirements
(cite requirement with OAR/district policy and reference # here) / Case Manager’s Responsibilities
(case manager interviews) / Paperwork (Forms)
(names/descriptions of forms) / Implementation Challenges
(case manager interviews and review of ODE complaints)
581-015-2050
Graduation
581-015-2235
School District and Participating Agency Responsibilities for Transition Services / “Transition Page”
581-015-2210 part h
IEP Team / “IEP Demographic Coversheet” / ODE: students 14 and older, indicate that transition services will be addressed and invite student
ODE: students 16 and older, transition services will be addressed and student is invited so are other agencies.
581-015-2200 part 2
Content of IEP / ODE: if student does not attend, document steps taken to ensure that preferences and interests are considered
581-015-2195 part 4
Additional Parent Participation Requirements for IEP and Placement Meetings
581-015-2325
Transfer of Procedural Rights at Age of Majority / “Transfer of Rights” / ODE: provide Transfer of Rights at IEP one year prior to 18th birthday
ODE: provide written notice to student and to the parent at the time of the transfer
581-015-2330
Notice of Transfer of Rights at Majority / Do this three times: before 16, at 16, at 17 before student turns 18 or more. / “Transfer of Rights”

Stage 7: Procedural Safeguards

Procedural Requirements
(cite requirement with OAR/district policy and reference # here) / Case Manager’s Responsibilities
(case manager interviews) / Paperwork (Forms)
(names/descriptions of forms) / Implementation Challenges
(case manager interviews and review of ODE complaints)
581-015-2030
Procedures for Complaints as Required by IDEA Regulations / ODE – Procedural Safeguards
581-015-2315
Notice of Procedural Safeguards / Give to parents and explain if they want at each meeting / Procedural Safeguards
581-015-2335
Mediation / Procedural Safeguards and ODE
581-015-2340
Procedural Rules for Due Process Hearings / same
581-015-2345
Hearing Request and Response / same
581-015-2350
Sufficiency of Hearing Request / same
581-015-2355
Resolution Process / same
581-015-2360
Pre-Hearing Conference, Notice of Hearing and Hearing Rights