1. The students will be given an overview of the fundamentals of providing a legal and educationally useful IEP. Students will be introduced to IDEA's requirements to help them understand

   a. how to develop an IEP
   b. how to ensure that the IEP offers FAPE for a child with a disability

2. The students will be introduced to the techniques for fully including parents in the IEP process in a way that facilitates effective communication and trust. This will help students understand the importance of parents' role in

   a. providing critical information regarding their child's strengths and expressing concerns
   b. participating in discussions about their child's need for special education
   c. joining with the other participants in decisions about their child

3. The students will be introduced to the development of the "heart" of the IEP. This lesson will help them understand the following important components of the IEP:

   a. the statement of the child's present levels of performance
   b. a statement of the special education and related services necessary to address the child's unique educational needs
   c. a statement of measurable annual goals to indicate progress

4. The students will be introduced to the remainder of the required IEP content and will gain an understanding of

   a. the emphases in IDEA 1997 regarding parental involvement and ensuring effective services
   b. student participation in district and statewide assessments
   c. behavior intervention plans
   d. transition needs and other considerations

5. The students will be introduced to the major issues involved in FAPE and will gain an understanding of

   a. the terms "education" and "appropriate"
   b. common substantive and procedural errors made by IEP teams
   c. the importance of implementing and revising the IEP once it is developed

1. IEP Fundamentals
   1. Introduction
      1. Letter: typical pre-1975 approach
      2. After 1975, drastically different approach
         1. IDEA
         2. FAPE - free appropriate public education
         3. IEP (Individualized Education Program)
         4. Order essential
      
      
   2. Legal compliance, educational utility
      1. IDEA mandates IEP as means to deliver FAPE
      2. IEPs must be both procedurally and substantively sufficient to provide FAPE
      
      
   3. Purposes of the IEP document and meetings
      1. Communication vehicle between parents and school
      2. Written commitment of resources
      3. Evaluation device
      4. Key ingredients central for developing and implementing IEPs
         1. Child's unique needs
         2. Special education and related services to meet needs
         3. Goals and objectives of services provided
         4. Necessary resources
         5. Extent of child's progress
      
      
   4. IEP Team membership and responsibilities
      1. Mandated members
         1. Parents or legal guardian
         2. Regular education teacher if applicable
         3. Special education teacher
         4. Individual to interpret evaluation results (not widely implemented)
         5. LEA representative
         6. Other individuals with special expertise
         7. When appropriate, the child with the disability
         8. For transition, the student and a representative from other agencies
      2. Responsibilities
         1. To review existing evaluation data, identify additional data needed
         2. To develop IEP
         3. To review and revise IEP
         4. To develop assessment plan to address behavior that led to suspension
         5. To review and modify existing behavioral intervention plan
         6. To determine alternative educational setting
         7. To conduct the manifestation determination review
      
      
   5. Required components of all IEPs
      1. Statement of child's present levels of educational performance
      2. Statement of measurable annual goals, including benchmarks, short-term objectives
      3. Statement of services and program modifications or support to be provided
      4. Explanation of extent to which child will not participate with non-disabled children
      5. Statements related to participation in assessment of student achievement
      6. Projected date for and details about services and modifications
      7. Statement about how progress will be measured and how parents will be informed
      8. Beginning at age 14, statements about transition services
      
      
   6. Access to the general curriculum
      1. General curriculum = curriculum used with non-disabled children
      2. Goals not needed for some parts of general curriculum
         1. If disability does not affect performance
         2. If only modifications or accommodations required
      3. Special education = specially designed instruction, at no cost to parents, to meet unique needs of a child with a disability
      4. Eli, an example
      5. To improve IEP quality, limit goals
         1. One for each distinct aspect of special education
         2. Include what special education instruction is being provided
         3. Include what special education instruction will enable child to do
      6. IEP goals are for special education services, not for general curriculum
      7. IEP addresses services to give special education student access to general curriculum
         1. Reading
         2. Following directions
         3. Paying attention
         4. Asking relevant questions
      
      
   7. Additional components and considerations
      1. Strengths of the child
      2. Parent concerns
      3. Required assistive technology
      4. Communication needs of child
      5. Initial or most recent evaluation
      6. Perhaps, positive behavior interventions, Braille, language and communication needs
      7. Extended school year (ESY) if needed for FAPE
      
      
   8. Minimizing paperwork and maximizing results
      1. Minimizing IEP paperwork
         1. Include only elements required by law
            1. Prioritize goals; include only most important
            2. IEP is minimum, not maximum
         2. Better management of paperwork
            1. Trained clerk, aide, volunteer
            2. Staff training - writing IEPs during meeting
            3. Eliminate preparation of "draft" IEPs
         3. Knowledge to deal with disagreements
      2. Maximizing results of IEP
         1. IEP accessible to all involved teachers and providers
         2. IEP shared with other school personnel without parental consent
         3. IEP written so that substitute/new teacher can see individual's needs
         4. IEP tells parents precisely what services child receives, results expected
      
      
   9. Technology and IEPs
      1. Word processing, database software to facilitate IEP work
         1. Software flexibility
         2. Caution about software programs requiring percentage figure as criteria
         3. Caution about using only goals and objectives found in software catalog
      2. Technology shouldn't sacrifice spirit of IDEA, letter of the law
      
      
   
   
2. Initiating IEP Development
   1. Parents' roles and responsibilities in IDEA
      1. Enforcement by state education agencies and U.S. Office of Special Education
      2. Local enforcement by parents of special education students
      3. Barriers hinder parental participation
         1. Menu-driven district approaches
         2. "Teachers know best" mind sets
      4. Overview of parents' roles
         1. "Equal participants"
            1. Provide information, express concerns
            2. Participate in discussions abut child's need for special services
            3. Join other participants in decisions
         2. Participation in meetings
         3. Referral for evaluation of child
         4. Determination of IDEA eligibility
         5. Manifestation of determination (in case of misconduct)
      5. Parents' roles in IEP process
         1. Active, clear contributor to IEP process
            1. Needs
            2. Expected progress
            3. Measurement of progress
         2. Common sense should guide determination as to whether goal is measurable
         3. Parents can ask valuable questions
            1. Measurement of child's accomplishment
            2. Delivery/implementation of services and accommodations
      
      
   2. Communication and trust
      1. Sample IEP meeting invitations
      2. Tone between school and parent often established prior to meeting
         1. Concern over child's performance
         2. Defensiveness and accusations
         3. Misunderstandings and fear
         4. Emotions such as denial, frustration, and hope
      3. Meeting - an opportunity to clear up confusion, misunderstanding
      4. Parents and schools - same understanding of IDEA ground rules
         1. Parents are equal partners
         2. Parents, district may invite others to meeting
         3. Services based on needs
         4. FAPE must be provided
         5. Entitlement to a service based on necessity
         6. Parents determine whether/how a child under 14 participates
         7. Good idea to tape meetings
      5. Parents and school - a common language
      6. Too many meetings undesirable
      
      
   3. Creating the atmosphere
      1. School staff must consider meeting setting and atmosphere
      2. Comfortable, pleasant atmosphere reflects respect
      3. Using a completed "draft" not a good practice
      4. Prioritized list of child's unique needs best starting place
      
      
   4. Conducting the IEP meeting
      1. Those with brief, specific contributions at the beginning, then leave
      2. Fine line between moving discussion along and making certain parents fully heard
      3. Types of meetings
         1. Initial - ground rules, good communication, clearing up misconceptions
         2. Routine annual review - what's working well, what isn't
         3. Non-routine meetings - necessary revisions
            1. Mediation training helpful
            2. Knowledge of IDEA and special education background needed
      
      
   5. Evaluation of student
      1. IDEA eligibility
      2. Child's unique educational needs
      
      
   
   
3. Developing the Heart of the IEP
   1. Introduction
      1. Most important components of the IEP
         1. Statement of child's present levels of performance
         2. Statement of needed special education and related services
         3. Statement of goals
      2. Fundamental purposes of the IEP - to answer three questions
         1. What are student's needs?
         2. How will we address the needs?
         3. How will we know if services are appropriate?
      3. IEP must be educationally useful and legally correct
      
      
   2. Present Levels of Performance
      1. IEP must state child's present levels of performance (PLOPs)
         1. Inlcude all areas of education affected by disability
         2. Written in objective, measurable terms
         3. PLOPs, services, and goals should be directly interrelated
      2. Selecting PLOPs
         1. Only areas of performance affected by disability
         2. What requires individualization? What are unique needs?
         3. Example: reading performance affected by dyslexia
            1. Reading level appears as a PLOP
            2. Include services to be provided to improve reading performance
            3. State goal to be reached as a result of services
      3. Measurable PLOPs
         1. PLOP is starting point
         2. PLOP must be measured
         3. Measure should be objective and sensitive, easily repeated
      4. Samples to compare - present levels of educational performance
         1. List (sample)
            1. Reading comprehension
            2. Identify a penny & quarter
            3. Persistence
            4. Make inferences
         2. Narrative (sample)
            1. Academic - Jane is able to match colors and shapes
            2. Speech/language - She is starting to express some words verbally . . .
            3. Life skill domain - Jane is toilet trained
            4. Behavior data - She generally sits in a chair
            5. Social/family information - Jane lives with very caring parents
      5. Questions to ask regarding both samples
         1. Is disability discernible?
         2. Are PLOPs appropriate beginning points?
         3. How many goals would you expect to see on IEP?
         4. Which needs are most urgent?
      6. PLOP statement should include how disability affects involvement and progress in general curriculum
      7. Useful PLOPs
         1. Performances affected by disability
         2. Objectively measured
         3. Directly related to services and goals
      8. Case study - sample dialogue representative of effective communication
      
      
   3. Statement of needed services
      1. Statement of special education and related services needed
         1. To advance toward goals
         2. To participate with children with and without disabilities
      2. Not required to include total education program
      3. Must include supplementary aids and services
      4. Statements, not checkmarks
      5. Specifics of needed services
         1. Opens door for brainstorming and problem solving
         2. Distinctions among related services, aids, modifications not required
         3. Focus on individualizing needed service
         4. Rely on research-based practices
         5. Detailed description of service
      
      
   4. Measurable goals and objectives/benchmarks
      1. After developing measurable goals, the IEP team
         1. Can develop effective strategies
         2. Must develop either measurable short-term objectives or benchmarks
         3. Should include dates associated with objectives, benchmarks, annual goals
      2. Examples of goals that are not measurable
         1. "Rebecca will increase her active listening skills"
         2. "Sara will make wise choices in use of leisure time"
      3. Inserting a percentage into a goal makes it neither measurable nor appropriate
      4. A measurable goal, objective, or benchmark must specify
         1. An observable student performance
         2. A standard or criterion
         3. If necessary, the conditions of performance
      5. Examples of goals/objectives/benchmarks
         1. Poor version
         2. Improved version
      6. Tips for writing behavioral goals and objectives
         1. Ask how would you know if . . .
         2. Don't follow the disturbing trend of selecting standards from guides
      7. Heart of the IEP
         1. Expresses what child needs (PLOPs)
         2. Explains services to be provided
         3. Gives expectations for child's accomplishments
      
      
   
   
4. Completing the IEP
   1. Measuring and reporting progress to parents
      1. New statutory requirement
         1. Statement of how progress will be measured
         2. Statement about how parents will be informed
         3. Statement of extent to which progress is sufficient to achieve goals
      2. Advantages of "measuring stick" approach
         1. Easy to use to report progress to parents
         2. After PLOPS and goals established, only have to assess whether objective has been accomplished and report to parents
      
      
   2. District, statewide, and alternative assessments
      1. IEP must contain information about participation in district and state assessments
         1. Individual decision
         2. Participation in assessment, not about reporting scores
         3. How student will be assessed
      2. Primary focus - what is good for student
      
      
   3. Graduation, diplomas, and IEP requirements
      1. Implications of competency testing complex, controversial
      2. Graduation requirements governed by state law
      3. In most states, IEP team decides whether student will attempt to earn a diploma
      
      
   4. Behavior intervention plans (BIPs)
      1. Mandated if behaviors impede learning
      2. Must precisely identify behavior to be changed
         1. Antecedent events should be noted
         2. Unwanted behavior must be described with specificity
         3. Consequence of unwanted behavior must be spelled out clearly
      3. Example: unwanted behavior and teacher response
      4. Must include some positive interventions
      5. ABC sequence in the BIP - Antecedent, Behavior, Consequences
         1. Changing antecedents and/or consequences
         2. BIP should provide for crisis management and review
         3. Essential to discuss plan with student
      6. IEP team may have to conduct functional behavior analysis (FBA)
      
      
   5. Transition
      1. IEPs must include statements of transitions for students beginning at age 14
      2. Students 14 years or older must be invited to attend IEP meetings
      3. Preferences and interests must be considered for students choosing not to attend
      4. Transition service activities
         1. Are outcome oriented
         2. Promote movement from school to post-school
         3. Are based on individual needs, preferences, and interests
         4. Should have measurable goals and objectives if special instruction is involved
      
      
   6. Time not spent with non-disabled children
      1. EP should explain extent that child will be placed in regular classroom
      2. Placement decision should be individualized, selected from mandated continuum
      
      
   7. Special considerations by IEP team
      1. Student's strengths and parents' concerns
      2. Need for behavioral interventions
      3. Limited English proficiency
      4. Instruction in Braille
      5. Mode of communication
      6. Assistive technology
      
      
   8. Avoiding disagreements
      1. Ten points of shared understanding
      2. Avoidable trouble spots
      
      
   9. When disagreements arise
      1. Base program and placement decisions on unique needs, NOT disability label
      2. State how disability affects involvement and progress in general curriculum
      3. Prevent problems by sending sample IEP sent to parents prior to meeting
      4. Ask if service necessary for FAPE
      5. Make placement decisions after completion of IEP
      6. Narrow scope of disagreement, clarify issues
      7. Avoid detrimental practice of multiple meetings
      
      
   
   
5. Does the IEP Provide FAPE?
   1. FAPE defined
      1. An individualized program (IEP) addressing unique educational needs, reasonably calculated, developed, and implemented following IDEA requirements
      2. Special education and related services, not regular education and general curriculum
      3. Student entitled to "Chevrolet," not "Cadillac," level of education
      4. Benefit required determined individually and based on ability
      5. New emphasis on measuring progress from PLOP to objectives and goals
      6. Case studies
      
      
   2. Methodology and FAPE
      1. Instructional methodology
      2. Courts, hearing officers defer to district's choice of methodology
      3. Determination of need for certain methodology
      
      
   3. Errors in IEP development
      1. Errors in IEPs
         1. IEP should provide sufficient educational benefit to constitute FAPE
            1. "Benefit" a floating entitlement based on ability
            2. "Benefit" varies from "some" to "meaningful"
            3. Child of average IQ should progress a year's worth in each school year
         2. Examples of errors
            1. IEP repeats unsuccessful services
            2. Failure to provide essential accommodations
            3. IEP not implemented
            4. Adequately trained staff not provided
      2. Common procedural errors
         1. Equal emphasis on substance and procedure
            1. Errors in parental participation
            2. Limiting parental involvement
         2. Examples - serious procedural deficiencies viewed as denial of FAPE
            1. Not completed at proper time
            2. Lack of objective, measurable benchmarks or goals
            3. Placement decision being made prior to development of IEP
      
      
   4. Implementing the IEP
      1. Must be implemented as written
      2. Essential workers need copies of pertinent portions
      3. Assessment of objectives or benchmarks major part of IEP implementation
      4. Extent of progress reported to parents
      5. Use of "measuring stick" for writing goals and objectives strongly urged
      
      
   
   

Bd. of Ed. of County of Kanawha v. Michael M.,95 F. Supp.2nd 600 (S.D.W.Va. 2000)

Evans v. Rhinebeck Central Sch. Dist., 930 F. Supp 83 (S.D.N.Y. 1996)

Fort Zumwalt School District v. Clynes, 119 F. 3rd 607 (8th Cir. 1997)

Hall v. Vance County Board of Education, 774 F.2nd 629 (4th Cir. 1985).

Hendrick Hudson Central School District Board of Education v. Rowley, 458 U.S. 176 (1982).

Nein v. Greater Clark Co. School Corp., 95 F.Supp.2nd961 (S.D.Ind. 2000).

Selected sections of IDEA Regulations (34 CFR 300.340 - 350) (1999)

Selected sections of Appendix A to 34 CFR Part 300 (1999)

Selected questions from Appendix A

Selected sections of Appendix C to 34 CFR Part 300 (1981)

Selected questions from Appendix C

Bateman, B. D., & Linden, M. A. (1998). Better IEPs (3rd. Ed.). Longmont, CO: Sopris West.

Brolin, D. E. (1997). Life centered career education. Reston, VA: CEC.

Discover IDEA CD 2000 [Computer software]. (2000). Reston, VA: Council for Exceptional Children. (1-888-232-7733).

Field, S., & Hoffman, A. (1996). Steps to self-determination: A curriculum to help adolescents learn to achieve their goals. Austin, TX: Pro-Ed.

Halpern, A. S., Herr, C. M., Doren, B., & Wolf, N.K. (2000). NEXT S.T.E.P.: Student transition and educational planning. Austin, TX: Pro-Ed.

Huefner, D.S. (2000). Getting comfortable with special education law. Norwood, MA: Christopher-Gordon.

Mager, R. F. (1997). Preparing instructional objectives (3rd Ed.). Atlanta, GA: CEP (phone 1-800-588-4CEP).

Rock, M.L. (2000). Parents as equal partners: Balancing the scales in IEP development. TEACHING Exceptional Children, 32(6), 30-37.

Sprick, R., Sprick, M., & Garrison, M. (1993). Interventions: Collaborative planning for students at risk. Longmont, CO: Sopris West.