West Virginia Individualized Education Program (IEP) Questions and Answers

West Virginia Individualized Education Program (IEP) Questions and Answers

March 3, 2008

Prepared by

Betsy Scott and Debbie Ashwell, Office of Assessment and Accountability (OAA)

Karen Ruddle and Sandra McQuain, Office of Special Programs,

Extended and Early Learning (OSP)

The following responses are provided to questions captured during the February 7, 2008 IEP webinar. Additional questions received as of February 25, 2008 have been included. Some similar questions have been combined. The questions are organized by General IEP Questions and IEP Form, Parts I – X. The most recent IEP form and instructions, with a change to IEP Form, Part VII, Statewide Assessment, were posted on the OSP Web siteMarch 3, 2008.

General IEP Questions

1. May we print or download the slides to use in our counties to train our staff?

Yes

1. Will you post all questions and answers later on the Website to save time now?

Yes. If your question was missed please submit it again.

1. Why change forms now and not summer…seems like a very confusing time of year to switch over.

The OAA and OSP have a directive to collect data on student achievement. Students with disabilities as a group have been making slow progress toward mastery of Content Standards and Objectives, and linking IEPs to assessment data is seen as an important way to focus attention on improving achievement in reading language arts and mathematics. Many districts will be completing the bulk of their IEPs in April/May. To ensure IEP teams begin to use formative and summative assessment data to drive IEP development and track student progress, the change was made effective March 15, 2008. Waiting until summer or fall could result in delaying this tracking process for another year.

1. As far as eligibility do you still only mark one area of eligibility on the IEP form?

Yes.

1. If we write IEPs tomorrow, will information be transferred over to new forms 3-15-08?

No. Once the district has begun to implement the new IEP forms, use them from that point forward but no later than 3-15-08.

1. With the new IEPs it would make much more sense to do the annual at the beginning of the year when we get the WESTEST results back for middle and high school students. I feel like we are using outdated data doing them in the spring. Is there a legal way to adjust this?

IEPs may be scheduled any time during the year, provided they are reviewed annually. Some districts choose to schedule IEPs in the fall, some in the spring and some on the anniversary date of the last IEP, which may occur at any time during the year.

1. Is the office of special programs going to provide a student services plan for use with private school students?

This will be considered when the online IEP is developed.

1. IEP requirements are that 3 county employees are to be present at the meeting. Does the meeting need to be reconvened if the principal or their designee cannot attend? How about if the general education teacher cannot attend and there has been no excuse form completed? What are some circumstances when an IEP must be reconvened?

To be in compliance with Policy 2419, the required members must be in attendance. Meetings should be scheduled to ensure members can attend. Membership requirements vary with the purpose of the IEP meeting. Policy 2419 provides flexibility in determining who may serve as the district representative. The principal or designee and other county administrators or professional special education personnel may serve this role. At least one general education teacher of the student and one special education teacher/provider must be present, unless the excusal process is followed. Members may participate by alternate means, such as conference calls. If the required members cannot attend, it may be necessary to reconvene the IEP.

IEP Form, Part I

1. Where is the category of eligibility on page 1?

“Primary eligibility” is listed directly under the telephone space in Part I.

1. We are concerned that listing primary eligibility on the first page of the IEP implies that the IEP should be written based upon label rather than need. Can you clarify in the directions the importance of writing the IEP based on needs?

The primary eligibility is completed at the discretion of the district. The IEP instructions and the Connecting to the CSOs Technical Brief both emphasize basing the IEP on individual student needs, not on exceptionality labels, as they relate to the mastery of grade-level CSOs.

1. If the school name is entered on the IEP, does the IEP have to be rewritten when the student moves to another school in the county?

No, just mark out the old school name and write in the new school name.

1. In Part I, Student Information, discuss “amendment”. When do we check this box?

This box denotes that this copy of the IEP has incorporated, at the parent’s request, the amendments made to the IEP without a meeting. It is not marked if the one page amendment form is attached to the amended IEP, and the changes were not incorporated into the IEP document. This does not document a meeting but a type of IEP.

IEP Form, Part III A

1. Part III A, when would behavior not be applicable?

Behavior must be considered for every student with an IEPwhether or not the student is eligible as a result of an emotional/behavioral disorder. If the student’s behavior has an effect on the student’s learning and academic progress, it should be addressed. Behavior would not need to be addressed if it is not an issue for the student.

1. How much notice do we have to have to get permission from parents/student to invite an agency?

Permission may be obtained at any time prior to releasing individual student information about the meeting to the representative. If a representative happens to be in the building during the time of the IEP meeting and the parent gives permission, the representative could join the meeting at that time.

1. We cannot invite a post-secondary agency to a meeting without the parent permission beforehand…correct?

Correct.

1. Does information need to be given each year for agency representatives to attend an IEP meeting? Once you have permission for specific agencies to attend and you have documented it, do you need to get permission again annually? Or may you invite that agency again in the future without anotherconsent?

Parent consent needs to be obtained prior to agency representatives attending a meeting, and this may be obtained at the IEP meeting each year. Consent may also be obtained for a specific time period or for specific IEPs. For example, consent could be obtained to invite a vocational rehabilitation representative to the student’s IEP meetings for the 9th, 10th, 11th and 12th grade years.

1. If a parent signs off that they are not attending the IEP meeting and to hold it without them, what do you do about getting permission to invite outside agencies a year in advance? Is their signature that they are not attending covering this as well?

If outside agencies will be invited to the next IEP meeting, parent written consent must be obtained prior to notifying those personnel of the meeting or sharing any personally identifiable information about the student. The IEP form or another release of information form may be used, and consent may be obtained independent of whether the parent attended the IEP meeting.

1. Is there a form to get parent consent to invite outside agencies?

No. Part III A, Considerations section has a place to obtain parent or adult student permission to invite other agencies. It would be wise to get this no later than the IEP in effect at age 15, so the team may invite agencies to the next IEP meeting. Another method to obtain consent to invite would be to use the consent to release information form used by the district, since the permission to invite is required because the “invitation” is a release of information that the student has an IEP.

1. What documentation needs to be kept, and where do you keep the documentation that permission has been given from either the student and/or the parent to invite outside agencies?

The documentation required is a copy of the IEP containing the parent and/or adult student’s initials giving consent to invite another agency, which would be kept in the student’s special education file.

1. How do you address extended school year on an initial IEP?

Extended school year (ESY) decisions may be deferred when the IEP team does not have enough information to determine eligibility for ESY. Then data would be collected and the IEP team would reconvene at a later date to address the data. For example, data may be collected over long breaks (Thanksgiving, Christmas or spring break) to support a decision.

1. In Part III A shouldn’t “additional evaluations needed, if any” be in the same section as most recent evaluation results?

Yes, this has been moved.

IEP Form, Part III B

1. Do we complete Part III B for students who do not meet the criteria stated at the top of the page?

Part III B must be completed for students who will be age 16 or older during the span of the IEP. It may be completed for younger students at the discretion of the IEP Team. For example, it is appropriate to document Policy 2510 requirements beginning at grade 8 (diploma, educational pathway, career cluster, review of the ACT EXPLORE) on this page prior to age 16.

1. What are our options for obtaining parent initials on the age of majority section on Part IIIB as well as Part IIIA consent for outside agency? Does prior written notice suffice if the parent defers attendance at the meeting?

Prior written notice does not suffice. IDEA regulations at 34 C.F.R. §300.320(c) require beginning not later than one year before the student reaches the age of majority under state law, the IEP must include a statement that the student has been informed of rights under IDEA, Part B that will transfer on reaching the age of majority. Although it is important for the parent to receive this information, the requirement is to inform the student. The age of majority in West Virginia is 18. Rights will transfer unless a court has appointed a legal guardian to represent the student’s educational interests. Policy 2419 states this will be discussed at the IEP team meeting no later than the student’s 17th birthday. If the student does not attend the IEP meeting, this information must be provided to the student by other means and documented.

Additionally, 34 C.F.R. §300.520 andPolicy 2419 requirethe parent and student will be informed when rights have transferred.

1. So a student can be on modified diploma but take the WESTEST?

Yes.

1. Modified diploma does not automatically mean APTA?

Correct.

1. Does APTA automatically assume modified diploma?

Yes, if the student is age fourteen or older, modified diploma is a participation criterion for APTA. If the student is working on the extended standards and being assessed using the APTA, that student would not be taking the courses needed to complete credits for graduation with a standard diploma.

1. Can you add standard/modified diploma to considerations page as opposed to the transition page?

This change will be considered for the online IEP. Even though diploma is listed in Part IIIB, the diploma decision is made prior to age 16. Policy 2510 requires all students develop an Individualized Student Transition Plan during the eighth grade for grades 9 and 10. At this point the decision about diplomas is made, because the student begins earning credits for graduation in grade 9. It is appropriate to document Policy 2510 requirements, including the diploma decision, prior to age 16 at the end of grade 8.

1. How does an individual address the transition page if the child is age 3-15? Can teachers mark DNA across this page? Can this page simply be left out of the IEP?

The IEP team isnot required to address transition before age 16 (prior to the IEP that will be in effect at age 16). The page may be omitted if the student is not of transition age and transition issues are not being addressed. For some students the IEP team may want to address transition issues at an earlier age. It is appropriate to document Policy 2510 requirements beginning at grade 8 (diploma, educational pathway, career cluster, review of the ACT EXPLORE) on this page prior to age 16.

1. Karen Ruddle (Adolescent Coordinator, OSP) did a workshop for RESA VII recently, and she gave the impression that transition should begin at a much younger age. Which way should we do the transition?

Transition may be addressed earlier than age 16 (as the form notes, earlier if appropriate). Best practice would be to begin at a younger age. The law requires transition be addressed no later than the IEP in effect when the student is 16 years old. However, Policy 2510 requires some decisions that impact transition planning (diploma, educational pathway, career cluster, review of the ACT EXPLORE) to occur at grade 8.

1. Referring to” Part III BPlanning Considerations”, can you suggest a parent or student survey form that counties may be using?

Methods for collecting student interests and preferences include interview, observation, student ratings, simulated and situational assessments, work samples and internet inventories. County special education directors have been provided the book from ProEd, Informal Assessments for Transition Planning to assist with identifying transition needs. The book provides actual assessments (permission to copy) that might be helpful in this process. (See pages 64-65 and 85-86.)

1. Anticipated post-secondary goals - should these be written out in a complete sentence? The short blank may give teachers the idea that one word is sufficient. If independent living skills are not something that will be addressed in the IEP, would you leave this blank?

The post secondary goals are the student’s post secondary education and work/career goals. One word would not be sufficient. If independent living skills are not needed for an individual student, this may be left blank. The post secondary education goal should describe the type of setting and course of study or degree area of interest. The work/career goal should describe at least one specific occupational field and job.

1. On the description of services Part III B page could you provide an example of what would be a description of service for an LD student in the activities/linkages noted as employment and independent living?

As with other parts of the IEP, services are based on individual needs, not disability label. The activities/linkages in Part III B apply to students with mild disabilities as well as those with more significant disabilities. While not every box will be completed every year, in reviewing IEPs throughout high school, one would expect to see a progression of coordinated activities leading toward the post secondary goal. Activities may overlap into multiple areas in this section. Consider activities for students that can occur both in the school setting and in the community setting. These activities might be embedded into courses or separate activities in school and in the community. Other linkages/activities could relate to developing specific workhabits or job performance skills, such as being prompt, completing assignments, good attendance, cooperative learning skills and social skills.

1. Regarding “activities and linkages”, what would be the description of service for instruction/education. Would this be specific courses?

Will transition services for most of our students be instruction? Is this referring to the same instructional goals we develop based on their performance levels identified in WESTEST data, benchmark results and other formative assessments? Would you actually state a goal that refers to their schedule the following year and how it relates to the cluster and pathway they have chosen? I guess I would like to see some good examples of this for students with mild disabilities. Our lower incidence population does have daily living, community experience and job training goals most of the time, but I don’t see this as applicable to most of our students.

Instruction/education: This section would list specific activities and linkages that relate to instruction or education. Most students would have activities or linkages related to instruction. Instructional linkages may include specific courses required for the student’s chosen cluster, courses to meet requirements for college entrance or to move the student toward the post secondary goal. Examples for instruction include preparation/application support for college entrance testing, application toDivision of Rehabilitation Services (DRS) for academic scholarship, individual conferencing regarding ACT assessments (EXPLORE, PLAN, ACT, WORKKEYS), meeting with the career technical education (CTE) counselor to apply for adult training programs, exploring opportunities to build academic skills after high school (through Adult Basic Education, DRS, Workforce). Consider any activity that might occur during the course of the year that would be specific to supporting the student’s progress from school to postschool.