MMSD – Department of Educational Services

Revised, September2007

TO:Special Education Teachers, Support Services Staff, and Building Principals

FROM:Jack Jorgensen, Executive Director, Educational Services

A number of changes have occurred relative to the procedures used to establish special education placement for students with disabilities who are pre-kindergarten through grade 12. IDEA 2004 and Implementation Memo #5, issued in January, 2005, provide the most current and relevant information on the subject of a student’s placement to receive special education and related services. The guidance provided in this updated implementation memo is primarily intended for use by IEP teams when nine circumstances arise affecting a student’s special education placement. (The nine circumstances are listed under “WHEN TO USE THE PLACEMENT GUIDELINES” on page three).

SPECIAL EDUCATION PLACEMENT

Placement is guided by the Least Restrictive Environment (LRE) provision found in IDEA. Placement reflects the student’s educational program with special education and related services and where those services will be provided.

A student’s special education placement is a combination of four factors. The factors are:

  1. The physical location where the student will receive special education and related services.
  2. The extent to which the general education program, i.e. curriculum, instruction, non-academic activities and extra curricular activities, will require accommodations and modificationsor for a pre-kindergarten student accommodations and modifications to activities provided in his/her natural environment.
  3. The extent to which an alternate curriculum is necessary for any content area for a student, kindergarten through grade 12, or for a pre-kindergarten student to meet the early learning standards.
  4. The extent to which the student is removed from his or her same age/grade level peers who do not have disabilities or for a pre-kindergarten student removal from their natural environment and removal from peers who do not have disabilities.

A student’s special education placement is an outcome of an IEP team determining physical location, i.e. school or site and making changes to the general education program, including non-academic and extra curricular activities. Changes are made to the general education program that all students otherwise receive at that age/grade level.For a pre-kindergarten student the physical location isher natural environment and the general education program are the activities provided to all students in that natural environment.

All special education placements for students prekindergarten through grade 12, are based on theLeast Restrictive Environment(LRE) provision.The LRE provision ensures thateach student receives a “free, appropriate public education” (FAPE). In addition all IEP teams develop placements in accordance with a key set of fundamental beliefs and values.

FUNDAMENTAL BELIEFS AND VALUES

There are four fundamental value and beliefs underlying the decision-making process each IEP team uses to arrive at a student’s special education placement. The placement guidelines worksheets are provided at the end of this memo to assist IEP teams in honoring these beliefs and values when arriving at a placement decision. The beliefs and values are:

  1. Special education and related services are provided so that a student can attend and participate in schoolin order to have the knowledge and skills needed for academic achievement and a successful life. For a pre-kindergarten student special education and related services are provided so that the student can attend and participate in his natural environment along with her peers and participate in appropriate activities leading to development and learning necessary for academic achievement and a successful life.
  2. IEP teams work best when they reach consensus on their underlying values and beliefs and when they work collaboratively and make collective decisions.
  3. When the IEP team proposes a change outside of the student’s general education programand setting,the team needs to document access to same age/grade level peers who do not have disabilities through alternate opportunities. When the IEP team proposes a change outside of the natural environmentfor a pre-kindergarten student, the team needs to document access to peers without disabilities through alternate opportunities.
  4. Students receive special education and related services in the general education programand settingsas long as educational benefit can be derived from those services. Pre-kindergarten students receive special education and related services in their natural environments with appropriate activities as long as educational benefit can be derived from those services.
LOCAL EDUCATION AGENCY (LEA) REPRESENTATIVE ROLE AND RESPONSIBILITIES

The decision regarding placement is equally shared by allIEP team participants. However, the LEA representative on the IEP teamassumes a leadership role in the placement decision by guiding the discussion and decision-making process leading to the student’s special education placement.The LEA representative is responsible for committing the necessary resources to support the special education and related services and the placement.

The placement of a student with a disability in general education classroom settings, atage/grade appropriate levels, and at the school of residenceis required by IDEA.Settings mean those classrooms and school environments the student would attend if not disabledSchool of residence means the school he or she would attend if not disabled. Likewise IDEA requires the natural environment setting for a pre-kindergarten student which is the setting(s)he would attend if not disabled. If the IEP team develops a placement option other than a general education classroomsetting at the student’s age/grade appropriate level and/or school of residence, or for a pre-kindergarten student the natural environment, the special education coordinator/designeemust serve as the LEA representative on the IEP team.When necessary the special education coordinatorconsultswith other district personnel who have knowledge of district-wide placement options.

If the IEP team develops a placement outside of the school of residence, or for pre-kindergarten students outside of the natural environment, the special education coordinatoracting as the LEA representative works with the IEP chairperson to arrange specialized transportation and to finalize the student’s transition to the new placement. (See Implementation Memo #8 for guidance on specialized transportation as a related service.)

PLACEMENT GUIDELINES

The Madison Metropolitan School District Special Education K-12 PlacementGuidelinesinclude a placement standard and directions for use. TheSpecial Education K-12 Placement Guidelinesare attached to this memo and apply to students, kindergarten through grade 12. There is a separate set of placement guidelines and a placement standard for pre-kindergarten students. Allplacement guidelines and standards provide a framework for the IEP team and LEA representative to use when considering a placement outside of the school of residence, removal from the general education program, including non-academic or extracurricular activities,removal from age/grade level peers without disabilities, or for pre-kindergarten students removal from the natural environment and activities provided in that environment.

All of the placement standards and placement guidelinesare supported by three worksheets. The worksheets are attached to this memo. The worksheets will assist IEP teams in making placement decisions when placement is being considered outside a general education classroom setting at the student’s age/grade appropriate level, outside of the student’s school of residence or for pre-kindergarten students, outside of the natural environment. The worksheets are: 1) Change in Age/Grade Appropriate Placement Guidelines Worksheet; 2) Non-School ofResidence Placement Guidelines Worksheet; and 3)Early Childhood Special Education (ECSE) PlacementGuidelines for Pre-Kindergarten (three, four and five year old)Students. The worksheets are attached and have been developed as tools to be used by the LEA representative to assist IEP teams in making placement decisions when placement outside of the school of residence, or for pre-kindergarten students outside of their natural environment.

Change in Age/Grade Appropriate Placement Guidelines WorksheetThis worksheetserves as a guide when the IEP team is considering whether the student should receive special education and related services in a setting that is different from the age/grade level appropriate general education setting that the student would typically attend if not disabled. The alternate age/grade level setting may or may not be at the student’s school of residence.

Non-School of Residence Placement Guidelines WorksheetThis worksheet includes factors that the IEP team should consider when recommending a placement outside of the school of residence. The worksheet should be used when a school(s) or site(s) other than the student’s school of residence is being considered by the IEP team.

Early Childhood Special Education (ECSE) Placement Guidelines for Pre-Kindergarten (three, four and five year old) Students This worksheet serves as a guide when the IEP team is considering whether the student should receive special education and related services in a setting that is different from their natural environment.

With input from the IEP team the LEA representativecompletes the worksheet(s) to document the team’s placement decision.The informationon this worksheet is summarized in writing on the student’s Notice ofPlacementunder options considered. The worksheet information supports the rationale for the placement decision. The IEP chairperson completes the notice summarizing the information from the worksheet(s).A copy of the worksheet(s) is/are maintained by the special education coordinator.

WHEN TO USE THE PLACEMENT GUIDELINES

Before considering a setting other than a general education classroom setting at the age/grade appropriate level or a school other than the student’s school of residence, a good faith effort must first be made by school staff at the student’s current school to implement the student’s IEP program and special education and related services. A good faith effort must also be made by school staff at the student’s current school to resolve any disputes which may have arisen with the parents/guardians. Before considering a setting outside of the natural environment for pre-kindergarten students, a good faith effort must first be made by school staff and adults from the student’s natural environment to implement the student’s IEP program and special education and related services. A good faith effort must also be made to resolve any disputes which may have arisen with the parents/guardians or representatives from the natural environment.

There are nine circumstances whereby placement in a setting other than a general education classroomat the age/grade appropriate level; a school other than the student’s school of residence; or for pre-kindergarten students, a setting other than the natural environment; may be considered. The circumstances are:

  1. The IEP program cannot be implemented in a general education setting at the age/grade appropriate level that the student would typically attend if not disabled.
  2. The special education and related services listed on the IEP program cannot be implemented at the student’s school of residence.
  3. The IEP program for the pre-kindergartenstudentcannot be implemented within the student’s natural environment.
  4. The school does not have the physical resources.
  5. The school is not physically accessible to the student.
  6. A court order, a hearing decision or a mediation agreement dictates or restricts the student’s placement.
  7. A disciplinary process is in progress.
  8. A parent/guardian applies foraninternal transfer.
  9. A parent/guardian/studentapplies for an alternative school/program.
  1. The IEP program cannot be implemented in a general education setting at the age/grade appropriate level that the student would typically attend if not disabled.

This circumstance occurs only when the IEP team determines that the special education and related services(IEP program)cannot be implemented in a general education setting at the student’s age/grade appropriate level and at the school of residence.The IEP team must document in the IEP evaluation report and the IEP program the extent to which the student will access and participate 1) in the general education curriculum; 2) in the general education environment; and 3) in non-academic and extracurricular activities.

Providing special education services in the LRE is based on the following assumptions.

  • Every school in the MMSD uses an instructional design process to develop a fluid, flexible and effective special education service delivery.
  • Each IEP programaddresses the educational needs of the student and is not written to fit the current special education service delivery at the student’s school of residence.
  • The LEA representative on theIEP team is knowledgeable and qualified to commit the resources necessary to implement the specially designed instruction, related services, supplementary aids and services, and program modifications or supports for school personnel.
  1. The special educationand related services listed on the student’s IEP cannot be implemented at theschool of residence.

This circumstance occurs only when the IEP team determines that the special education and related services found on the IEP program cannot be implemented at the student’s school of residence. The IEP team clearly documents the reasons why the special education and related services cannot be provided at the student’s school of residence.

In documenting that the school of residence cannot implement the special education and related services on the student’s IEP, the IEP team uses the following assumptions to guide their decision.

  • Every school in the MMSD uses the instructional design process to develop a fluid, flexible and effective special education service delivery.
  • Each IEP program addresses the educational needs of the student and is not written to fit the current special education service delivery (instructional design) at the student’s school of residence.
  • The LEA representative on the IEP team is knowledgeable and qualified to commit the resources necessary to implement the specially designed instruction, related services, supplementary aids and services, and program modifications or supports for school personnel.
  1. The IEP program for the pre-kindergartenstudent cannot be implemented within the student’s natural environment.

This circumstance occurs when the IEP team determines that the IEP program cannot be implemented within the student’s natural environment. The IEP team clearly documents the reasons why the special education and related services cannot be provided within the student’s natural environment. This documentation occurs on the IEP Determination and Notice of Placement (initial placement or continuing placement). Every time an IEP team considers placement, the team must assume placement is in the student’s natural environment. If the placement is changed the IEP team must use the worksheet and fully document the reason for changing the student’s placement from her natural environment.

  1. The school does not have the physical resources to provide the special education and related services listed on the student’s IEP.

The LEA representative contacts and consults with the special education coordinator when the special education and related services exceed the resource capacity of the school. The special education coordinator may serve as LEA representative.

  1. The school of residence is not physically accessible to the student.

This circumstance occurs when the IEP team questions whether the student can access the building facilities and navigate safely in the school of residence.

The LEA representative contacts and consultswith the special education coordinator to determine which school is closest to the school of residence, is safely accessible, and can provide the special education and related services listed on the IEP. The special education coordinator may serve as LEA representative.

  1. A court order, mediation agreement or hearing decision changes the student’s placement.

This circumstance occurs when a hearing officer, court official, or mediation agreement designates or restricts the placementfor a student with a disability.

Decisions by a hearing officer, court official or a mediation agreement supersede the placement decision made by the IEP team. Within the parametersset by the hearing officer, court official or mediationagreement the IEP team may use the Placement Guidelines to developa placement at a school or site other than the school of residence.

  1. A disciplinary process is in progress.

This circumstance occurs when a student is expelled or ordered to an Interim Alternative Education Setting (IAES). The IEP team considers placements for the student other than the student’s school of residence. In these instances, school staff consults with the principal or the special education coordinator regarding the procedures for developing a change of special education placement.

  1. A parent/guardian applies for an internal transfer. (Board of Education Policy 4023)Applications Resulting From a Change in Residence

The school district Internal Transfer Policy 4023 provides for intra-district transfers wherein a student can attend a district school outside the student’s school of residence. If a parent’s/guardian’s residence changes but the parent/guardian wishes the student to remain at the school in which the student had been enrolled, the transfer will be granted under Policy 4023 subsection 2 following the completion of the Application forStudent Internal Transfer form.

No specialized transportation is listed in the current IEP:

Subsection 3c of policy 4023 places the responsibility for transportation with the parents/guardians.The parents’/guardian’s responsibility extends from the new residence (address) to school and back to the new residence.This policy applies to all students. Students with disabilities are treated no differently under this internal transfer policy.