CESA 7  Special Education letterhead

Memorandum

August 28, 2006

TO: Special Education Teachers and Coordinators
FR: Nissan B. Bar-Lev, Director of Special Education
RE: Special Education Procedures for an IEP Re-evaluation (Incorporating the realignment of Chapter 115 with IDEA 2004

 


Steps

Status

IEP Form & Description

Step 1

Contingent

RE-1   NOTICE OF REEVALUATION

This notice is used when a child with a disability is going to be reevaluated.  Any evaluation which takes place after an initial evaluation in which a child has been determined eligible (determined to be a child with a disability) is considered a reevaluation.  For example, a student has been identified as a child with a learning disability (LD), and now is going to be evaluated in the areas of ED and S/L.  Even though the child was not previously identified as either ED or S/L, this is a reevaluation. A good practice would be for the coordinator to contact the parents to discuss IEP team composition.  It would also be good practice to inquire whether the parents have any particular preferences with respect to IEP team participants. Based on the gathered information and parents' preferences, the coordinator and the case manager jointly select the IEP team members.  It is the responsibility of the primary special education teacher to initiate the reevaluation process by contacting the coordinator and assisting the coordinator to complete this form.    The purpose of this form is to notify the parents that their child is going to be reevaluated, that notice of reevaluation has been made and that IEP team participants have been appointed. The coordinator sends copies of (RE-1 form) to the parents (or adult student with a copy to the parents), and to all other IEP participants.

Step 2

Contingent

RE-2   NOTICE OF AGREEMENT TO CONDUCT A REEVALUATION MORE THAN ONCE A YEAR

Reevaluations do not need to occur more frequently than once a year, unless the parent and the local educational agency (LEA) agree otherwise.  This form RE-2 would be used when the parent and LEA would agree that a child be evaluated two or more times in the same year.  The parent and LEA would communicate about the need for a reevaluation and come to agreement.  This notice would then serve as a follow-up, and document the date and manner in which the agreement took place, e.g. face to face conference, phone conversation or exchange of emails.  The reason(s) for reevaluation would need to be specified along with any other options and relevant factors.

Step 3

Contingent

RE-3   NOTICE OF AGREEMENT THAT A THREE YEAR REEVALUATION NOT NEEDED

Reevaluation shall occur at least once every 3 years, unless the parent and the LEA agree that a reevaluation is unnecessary.  Notice of Agreement That the Three Year Reevaluation process is not Needed.  This form will be used) when the parent and LEA would agree not to conduct a 3-year reevaluation.  The parent and LEA would communicate in advance about the need for a reevaluation and come to agreement.  The notice would then serve as a follow-up, and document the date and manner in which the agreement took place, e.g. face to face conference, phone conversation or exchange of emails.  The reason(s) that the 3-year reevaluation is not needed will be specified along with any other options and relevant factors.

Step 4

Mandatory

(EW-1) WORKSHEET FOR CONSIDERATION OF EXISTING DATA TO DETERMINE IF ADDITIONAL TESTS OR EVALUATION MATERIALS ARE NEEDED

Since the LEA is not required to hold a meeting to consider existing data when determining whether additional tests are needed, the LEA must still be able to document how decisions were made by an IEP team and how parents participated.  If no meeting is held, then this form could be used to document the input of IEP team participants, including the parents (input could be by phone). The input from all participants is documented by the case manager on this form. The EW-1 form should include: (1) information reviewed; (2) Action taken; (3) Dates & method of parents involvement, and (4) List of the individuals involved (must resemble an IEP composition), including individual names, input & date of input. It is the responsibility of the case manager to retain this form and all subsequent IEP forms throughout this initial evaluation process.

Step 5

Contingent

RE-4   NOTICE OF REEVALUATION:  DETERMINATION THAT  NO ADDITIONAL TESTS NEEDED

This notice is used for a reevaluation when the IEP team has considered (reviewed) the existing data including information provided by the parent (on the EW-1 form) and determined that no additional tests or other evaluation materials are needed for the team to determine if the child continues to be a child with a disability.  The IEP team participants are considering the existing information sources at this point to answer the question “do we have sufficient and relevant documentation or materials to allow us to address the issues we need to discuss as part of the reevaluation?” The coordinator, with input from the case manager, will complete this form and send a copy to the parents.

Step 6

Contingent

RE-5   REEVALUATION:  NOTICE AND CONSENT TO CONDUCT ADDITIONAL TESTS

This form would be used when a child is being reevaluated and the IEP team has determined (on the EW-1 form) that additional tests or other evaluation materials are necessary to determine if the child continues to be a child with a disability.  When additional tests or other evaluation materials are necessary, parent consent is required.  If the LEA can demonstrate that it has taken reasonable measures to obtain that consent and the child’s parents have failed to respond, the LEA need not obtain that consent. This form is to be completed by the coordinator, with input from the case manager, and all other IEP participants. The coordinator will send a copy to the parents

Step 7

Mandatory

I-1       INVITATION TO A MEETING OF THE INDIVIDUALIZED EDUCATION PROGRAM (IEP) TEAM

This form is used whenever the IEP team is going to hold a meeting. Check as many of the boxes in this section as apply to the purpose(s) of the proposed meeting.  For example, if the LEA is proposing that the purposes of the meeting are to determine continuing eligibility for special education, develop an annual IEP including transition, and determine continuing placement, all of those areas should be checked.  If, during the meeting, either the LEA or the parents feel that additional time is necessary, the meeting would be stopped at that point.  Another invitation would then be necessary when the meeting has been rescheduled.  If, on the invitation, “Conduct a manifestation determination” or “Determine an interim alternative educational setting (IAES)" is checked, it is also necessary to check “Review/revise IEP” and “Determine continuing placement”. This form is to be completed by the coordinator with input from the case manager.  The coordinator sends copies to all IEP participants

Step 8

Contingent

I-2        AGREEMENT THAT IEP TEAM PARTICIPANT NOT REQUIRED TO ATTEND IEP MEETING

Under certain conditions, and with the written agreement of the parent, the non-attendance of some IEP team participants at IEP meetings is allowed.  One such condition is when an IEP team participant’s area of curriculum or related services is not being modified or discussed at the meeting.  The other is when an IEP team participant’s area of curriculum or related services is going to be modified or discussed at the meeting.  Prior to the IEP meeting, the participant submits in writing to the IEP team information that can be used in developing or revising the child’s IEP. The I-2  would serve as a follow-up documenting the date and manner in which the agreement took place, e.g. face-to-face conference, phone conversation or exchange of emails.  The reason for the nonattendance of IEP team participants would need to be identified along with any other options considered and relevant factors.  Since parent agreement must be in writing space is provided for parent signature.

Step 9

Mandatory

I-3        COVER SHEET

The cover page is designed to document the demographic information on the student, the purpose(s) of the meeting, and the IEP team participants in attendance at the particular meeting.  While IEP team participants in attendance must be indicated, IEP team participant signatures on the cover page are not required.  If an IEP team meeting is stopped and resumes on another date, an additional cover sheet must be completed for that later meeting.  Each time an IEP team meeting is held, a cover sheet must be completed and attached. This form is to be completed by the case manager. It is the responsibility of the case manager to retain this form and all subsequent IEP forms in this particular process.

Step 10

Mandatory

ER-1   EVALUATION REPORT

When a purpose of the IEP meeting is to determine whether a child is or continues to be a child with a disability (impairment and need for special education), as part of an evaluation or reevaluation, the top portion of this page allows the IEP team to indicate which forms are completed and attached. The first step in both initial evaluations and reevaluations is to review the existing data and information provided by parents.  Areas to be considered include information from any previous evaluations, previous interventions and the effects of those interventions, current classroom-based assessment and observations, and observations by teacher and related service providers.

Page 2 contains the documentation that IEP team members determine whether the child is a child with a disability (impairment and a need for special education). The documentation MUST include how the child meets the criteria, and whether the child needs special education services (page 3). The use of the checklist for determining eligibility criteria is required for the following disabilities: Cognitive Disability, Emotional Behavioral Disability, Specific Learning Disability, Speech & Language, Visual Impairment, Hearing Impairment, Autism and Other Health Impairment. It is the responsibility of the case manager to retain this form and all subsequent IEP forms.

The LEA must offer a placement within 30 calendar days of this date. 

This form is to be completed by the case manager. It is the responsibility of the case manager to retain this form and all subsequent IEP forms.

Step 11

Contingent

ER-2   EVALUATION REPORT:  ADDITIONAL DOCUMENTATION REQUIRED FOR LEARNING DISABILITIES

This form will only be used when a child is being evaluated or reevaluated in the area of learning disabilities (LD).  This form is to be completed by the case manager. It is the responsibility of the case manager to retain this form and all subsequent I-forms.

Step 12

Contingent

ER-3   EVALUATION REPORT:  DOCUMENTATION FOR DETERMINING BRAILLE NEEDS FOR A CHILD WITH A VISUAL

This form will only be used when a child has a visual impairment.  This is necessary to comply with the requirement that a determination that a child with a visual impairment does not require instruction in Braille or the use of Braille may be made only as the result of an evaluation.  This page documents consideration of issues related to Braille in the evaluation.  Note: This page will also be attached to the IEP as noted on the special factors I-5 if it is determined that the child does not need instruction in Braille or in the use of Braille.  When discussing the child’s future need for instruction in Braille or the use of Braille, it may not be possible to make a determination in some cases (such as when the child is preschool age and/or has a degenerative disease of the eye). This form is to be completed by the case manager. It is the responsibility of the case manager to retain this form and all subsequent IEP forms.

Step 13

Contingent

ER-4   NOTICE OF IEP TEAM FINDINGS THAT CHILD IS NOT A CHILD WITH A DISABILITY

This form is only used when an IEP team determines upon initial evaluation that a child does not have a disability, or upon reevaluation that a child no longer continues to be a child with a disability. This form is to be completed by the Coordinator, who will send a copy of all IEP forms including this form to the parents.

Step 14

Mandatory

I-4       IEP: PRESENT LEVEL OF EDUCATIONAL PERFORMANCE 

This page will be used in all cases when developing or revising a student’s IEP.   The section related to consideration of the student strengths and parent concerns. This form must include baseline data corresponding to each of the measurable annual goal statements. If test scores (e.g., grade-equivalent or percentile scores) are used, they must be presented in a manner that is understandable to all, including parents.

This section must also address how the child’s disability affects the child’s involvement and progress in the general curriculum (the curriculum taught to non-disabled children) or, for preschool children, how the disability affects the child’s participation in appropriate activities (referring to age-relevant developmental abilities or milestones that typically developing children of the same age would be performing or would have achieved.  Developing one present level of educational performance that relates to all annual goals allows for consideration of the whole child and for a more unified approach to addressing needs and eliminates duplication and redundancy of information. This form is to be completed by the case manager. It is the responsibility of the case manager to retain this form and all subsequent IEP forms.

Step 15

Contingent

I-5       IEP:  SPECIAL FACTORS     

This form will be used when the IEP team has answered “Yes” to the special factors question at the bottom of I-4 (Present Level form). When considering these special factors, such as Behavior, ELL, VI or Communication, the IEP team must describe any devices or services (including an intervention, accommodation, or other program modification) that are necessary for the student to receive FAPE.  The results of considering these factors must, if appropriate, be reflected in the IEP. This form is to be completed by the case manager. It is the responsibility of the case manager to retain this form and all subsequent IEP forms.

Step 16

Mandatory

I-6       IEP:  ANNUAL GOAL

This page will be used in all cases when developing and revising a student’s IEP.  Additional pages may be inserted for each additional annual goal. The annual goals are to be measurable and have 3 parts: direction of behavior, area of need, and level of attainment.  The annual goals are related to meeting the child’s disability to enable the child to be involved in and progress in the general curriculum (in the case of preschool children, participate in age-appropriate activities), and to meet each of the child’s other educational needs that result from the child’s disability.  The starting point for measuring progress toward the annual goal is the present level of performance.

It is not a requirement that there be a goal in every curricular content area.  The requirement is meant to focus on the accommodations and adjustments necessary for children with disabilities to access the general education curriculum and the special services needed due to the nature of the child’s disability.

Benchmarks or short-term objectives are only required for students who participate in alternate assessments.

This form is to be completed by the case manager. It is the responsibility of the case manager to retain this form and all subsequent IEP forms.

Step 17

Mandatory

I-7       PARTICIPATION IN STATEWIDE ASSESSMENTS

Or

I-7A    ALTERNATE ASSESSMENT PARTICIPATION CHECKLIST

The I-7 form documents the participation of students with disabilities in statewide and district wide assessments. Students must participate in the assessment with modifications/accommodations if necessary. The (I-7A) form documents the participation of students who require alternate assessment.  The case manager completes the (I-7) or the (I-7A) form. It is the responsibility of the case manager to retain either of these forms and all subsequent IEP forms.

Step 18

Contingent

I-8       IEP:  SUMMARY OF TRANSITION SERVICES

This page will be used for all students age 14 or over. This form is to be completed by the case manager. This form documents the measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills. 

Step 19

Mandatory

I-9       IEP:  PROGRAM SUMMARY

This page will be used in all cases when developing or revising a student’s IEP.
Statements for special education; related services; aids, services and other supports provided to or on behalf of the student; program modifications or supports for school personnel:

These are the services that will allow the student to (a) advance appropriately toward attaining the annual goals; (b) to be involved and progress in the general curriculum; (c) to participate in extracurricular and other nonacademic activities, and (d) to be educated and participate with other students with disabilities and non-disabled students to the extent appropriate.  The statements must include frequency, location (the type of environment that is the appropriate place for provision of the service. For example, a service may be provided in the child’s regular classroom or in a special education resource room.) and duration, if different from the IEP beginning and ending dates.  There are 4 general areas of needed services: special education; related services; aids, services and other supports provided to or on behalf of the student in regular education or other educational settings; and, program modifications or supports for school personnel.  The IEP team must address the needed services.  Not all students will need services in all 4 areas.

Special education is defined as specially designed instruction, regardless of where the instruction is conducted, that is provided at no cost to the child or the child’s parents, to meet the unique needs of a child with a disability, including instruction in physical education.

Related services means transportation and such developmental, corrective and other supportive services as may be required to assist a child with a disability to benefit from special education. The list of related services is not exhaustive.

Supplementary aids and services means aids, services and other supports that are provided in regular education classes or other education-related settings to enable a child with a disability to be educated with nondisabled children to the maximum extent appropriate.  Examples of supplementary aids and services include highlighted texts, audiotaped texts, modified assignments, FM systems, and so on.

Program modifications or supports for school personnel could include team teaching, weekly consultation between regular and special education teachers, training, or assistance modifying an assignment or highlighting a textbook.

There is a close correlation between supplementary aids and services for children and program modifications or supports for school personnel.  The two are interrelated.  For example, if a student needs assistance transferring from one chair to another (supplementary service), a teacher or paraprofessional may need some instruction or training from the physical therapist on how to transfer a student (program support for school personnel).

Participation in the regular education environment: This section addresses the environment(s) in which the student will participate.  If the student will participate full-time with non-disabled peers in regular education (or for preschoolers, in age-appropriate activities), then the first box in V. is checked and no further explanation is necessary.  The second box would be checked if a location other than regular education is listed under “location” in parts I, II, and/or III of (I-9).  In that case, an explanation why the student will not participate full-time in regular education environment is required.

Step 20

Contingent

I-11     IEP:  EXTENDED SCHOOL YEAR

This page will be used when the IEP team considers whether extended school year (ESY) is necessary to provide FAPE to the child.  As with the need for other services, this is an individualized determination. This page is not a stand-alone document, and must be attached to the student’s IEP. This form is to be completed by the case manager. It is the responsibility of the case manager to retain this form and all subsequent IEP forms.

 

Step 21

Contingent

EC-1   DATA WORKSHEET FOR DETERMINING ENVIROMENT

Case manager needs to document the percent of time the student will be removed from non-disabled peers or the student’s educational setting.  If the student will participate full-time with non-disabled peers in the regular education environment, or for preschoolers, in age-appropriate settings, mark box ‘A’ , unless the child is a preschooler in which case mark box ’L’.

Step 22

Mandatory

P-2      DETERMINATION AND NOTICE OF PLACEMENT:

This page will be used for continuing placements. "Date parent provided with notice of placement" serves as the end date for the 30-day timeline (which begins with the determination of disability). Form P-2 is to be completed by the case manager.  The entire student file (all IEP forms), is provided to the coordinator by the case manager. The coordinator will send copies of the IEP forms to the parents (unless parents requested and received a copy of the IEP at the IEP meeting). Copies of the IEP are also provided by the coordinator to all IEP staff including regular education teachers.

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