What academic goals are required for students with disabilities?
Identified areas of academic need; In addition to academic goals, any other areas of need (e.g., behavior, communication, study skills, time management, social skills, affective skills, motivation); and Transition goals for students age 16, or younger if appropriate.

 

What academic goals are required for students who are struggling in school, but who are not below grade level academically (e.g., students identified with emotional disability, orthopedic impairment, or other health impairment)?
Please remember in order to qualify for special education a student must need specially designed instruction.

Specially designed instruction means adapting, as appropriate, to the needs of an eligible child under these rules, the content, methodology, or delivery of instruction:

1. To address the unique needs of the child that result from the child’s disability; and
2. To ensure access of the child to the general curriculum, so that the child can meet the educational standards within the jurisdiction of the public agency that apply to all children.

Most students with disabilities will require instruction in prerequisite academics and therefore need standards-based academic goals. Obviously, students identified with emotional disability, orthopedic impairment, or other health impairment, who are dually diagnosed with Specific Learning Disability, Intellectual Disability, etc., would need standards-based academic goals.

In some rare cases, there may be students whose disability adversely affects their educational performance, not due to their academic achievement level, but rather due to emotional/behavioral, orthopedic, or medical issues that interfere with progress in the general education curriculum. Academic goals based on a course of study standards may not be necessary for students who test on grade level. Instead, goals might be focused on behavior, motivation, completing assignments, social interactions, communication, etc.

 

What grade level should be used for developing academic IEP goal(s)?
The Alabama State Department of Education (ALSDE) recommends IEP Teams start with the student’s grade level of enrollment, consider the standards from the grade level of enrollment, and standards from one or two grades back.

**PLEASE NOTE:

Simultaneous to considering the standards for the grade level and up to one or two grades back, it is strongly suggested the Local Education Agency (LEA) offer a reading and/or mathematics intervention program for students who are substantially below grade level.

**PLEASE NOTE ALSO:

It is problematic when there is an entire class, school, and/or LEA where all students have goals based only on grade-level standards. IEP Teams are required to consider students’ needs when developing IEPs. Ignoring the fact that a student is performing on a much lower grade level and developing goals strictly for the grade level of enrollment does not meet the requirement for providing a free appropriate public education and places the LEA in a very vulnerable litigious situation.

 

How can students be supported in general education classrooms?
Educators are encouraged to use the Alabama Curriculum Guides to prepare students for the study of the grade level and course content standards through the teaching of prerequisites and enabling skills necessary for learning each content standard. The curriculum guides can be used to assist students in learning content in smaller increments, catching up on content they may have missed in previous years, and/or reviewing content related to grade-level academic standards. (The Alabama Curriculum Guides can be accessed at: https://alex.state.al.us/index.php

**PLEASE NOTE:

Supplementary Aids and Services must be considered for all students with disabilities. Supplementary Aids and Services are crucial, in particular, for general education curriculum participation. They include accommodations that consist of aids, services, and other supports that are provided in general education classes or other education-related settings to enable a student with a disability to be educated with nondisabled students to the maximum extent appropriate in accordance with their least restrictive environment. For students with disabilities, accommodations are provided during instruction and assessments to help promote equal access to grade-level content.

 

How many goals are needed for each student?
The number of goals for all students must be based on individual needs. The IEP Team must make certain the number and variety of goals provide the student a free appropriate public education.

 

What should be included in the Present Level of Academic Achievement and Functional Performance?
Strengths, Needs and How the Student’s Disability Affects Performance in the General Education Curriculum (for Preschool Children, How the Disability Affects the Child’s Participation in Age Appropriate Activities) are the three components that are required in the Present Level of Academic Achievement and Functional Performance. Strengths and Needs must be individualized. For academic goals, Strengths and Needs must be based on data related to the standards. These might be things the student can and cannot do in relation to the standard being considered for the goal; or things from past standards that relate to the standard being considered for the goal the student can and cannot do. Strengths and Needs are specific to each goal and are not typically repeated in more than one Present Level.

How the Student’s Disability Affects Performance in the General Education Curriculum is based on characteristics of the student that are a result of his or her disability (e.g., difficulty with comprehension, slow reading rate, difficulty memorizing facts, poor generalization of skills, poor organization of notes and other written materials, impulsivity, low attention span). How the Student’s Disability Affects Performance in the General Education Curriculum might be repeated in more than one Present Level depending on the nature of the standards being addressed.

**PLEASE NOTE:

IEP Teams must know the Present Level of Academic Achievement and Functional Performance in order to determine where the student can reasonably be expected to perform within 12 months.

 

What should be included in IEP goals?
Who, Time Frame, Conditions, Behavior, and Criterion are the five components that are required in IEP goals.

**PLEASE NOTE:

Copying and pasting standards into the goal are not individualized and place the LEA in a very vulnerable litigious situation. In order for academic goals to be individualized, the present level and the goal must reflect specific information from the standards that the student can or cannot do. For instance course of study standard M. 4.26: Draw points, lines, line segments, rays, angles (right, acute, obtuse), and perpendicular and parallel lines. Identifying these in two-dimensional figures requires the student to do multiple things. The present level might say the student: (a) can do curriculum guide objectives M. 4.26.4: model shapes in the world by building shapes from components; and M. 4.26.3: recognize one-dimensional points, lines, and line segments; (b) cannot do curriculum guide objectives M. 4.26.1: define points, lines, line segments, rays, right angle, acute angle, obtuse angle, perpendicular lines, and parallel lines; or M.4.26.2: define the two-dimensional figure, and (c) has memory and attention problems. The goal will include the Who, Time Frame, Conditions, Behavior, and Criterion for the parts the student cannot do; M. 4.26.1: define points, lines, line segments, rays, right angle, acute angle, obtuse angle, perpendicular lines, and parallel lines; and M.4.26.2: define the two-dimensional figure. (This student is receiving instruction in third and fourth-grade prerequisite skills through the curriculum guide objectives. In addition, this student would likely be in a math intervention program).

 

Which students are required to have benchmarks?
Benchmarks are not required by the Alabama State Department of Education for students working toward Alabama Course of Study Standards (or Essentials Course Objectives).

 

What are interventions and why are they strongly suggested for students who are performing substantially below grade level on general education standards?
An intervention is an educational program, product, practice, or policy aimed at improving student outcomes www.ies.ed.gov/ncee/wwc.

Depending on a child’s age and challenges, interventions are available to focus on specific areas of need. Instruction for grade level standards (and prerequisite skills one or two years back) is required by No Child Left Behind and is a given. LEAs can and should use interventions to try and bridge the achievement gap for students who are substantially below grade level.

Both the Individuals with Disabilities Education Act (IDEA) and Elementary and Secondary Education Act (ESEA) require that schools use programs, curricula, and practices based on “scientifically-based research” “to the extent practicable.” This means that whenever possible, the educational interventions being used must be strongly supported by evidence from well-conducted research studies (National Parent Technical Assistance Center, 2011). Teachers need to be armed with “evidence-based” programs, products, practices and policies that have been proven effective in improving outcomes for students with disabilities. There are numerous reading and mathematics interventions for elementary age students with disabilities. Evidence- based reading and mathematics interventions for middle school and high school students are becoming increasingly more available.

Having more than one intervention available for each grade cluster is not required, but it does allow for the intervention to be determined on a case by case basis and allows teachers to switch to something else if what is tried initially does not yield results. It is important to keep in mind decisions related to the need for an intervention and which intervention to use must be made on a case by case basis. There will be a wide range of needs, in particular when students get to high school. One 17 year old high school student with a disability may need instruction for grade-level standards (or Essentials Course Objectives); an intervention (e.g., Language!, Read 180, or TransMath); and transition services. While another 17 year old high school student with a disability may need instruction in grade-level standards (or Essentials Course Objectives); and an increased amount of transition services.

 

How should mastery for students with disabilities be addressed?
This should be an individual decision based on the content and the student’s individual needs. The IEP Team must consider how each unmastered skill impacts the student’s progress in the general education curriculum when deciding goals from year to year. Needs that have the greatest impact on progress should be considered for further development through standards instruction and/or an intervention. Progress is monitored by the Case Manager and reported to the parent(s). Lack of progress during an IEP implementation phase or from year to year should always be reported to the IEP Team and addressed by adjusting/adding services, adjusting/adding accommodations, or as a last resort, rethinking the goals.

 

When must an IEP be in effect for a student with a disability?

• At the beginning of each school year, each public agency must have in effect, for each student with a disability within its jurisdiction, an IEP.
• A meeting to develop an IEP for a student is conducted within 30 days of a determination that the student needs special education and related services; and
• As soon as possible following the development of the IEP, special education and related services are made available to the student in accordance with the student’s IEP. The IEP may be developed at the same meeting at which eligibility is determined, as long as prior written notice was provided.
• For a child transitioning from early intervention, an IEP must be developed and implemented on the child’s third birthday.

 

Who are the required members of an IEP Team?
The public agency must ensure that the IEP Team for each child with a disability includes the following:

1. 1. 1. 1. The parents of a child with a disability.
         2. Not less than one regular education teacher of the child if the child is, or may be, participating in the regular education environment. The regular education teacher must, to the extent appropriate, participate in the development, review, and revision of the child’s IEP, including assisting in the determination of appropriate positive behavioral interventions and supports and other strategies for the child and the determination of supplementary aids and services program modifications, and supports for school personnel.
         3. Not less than one special education teacher of the child, or where appropriate, not less than one special education provider of the child.
         4. A representative of the public agency who:
            1. Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of students with disabilities.
            2. Is knowledgeable about the general education curriculum.
            3. Is knowledgeable about the availability of resources of the public agency. The public agency may designate an LEA member of the IEP Team to also serve as the public agency representative, if the criteria for serving as a public agency representative are met.
            4. Has the authority to commit agency resources and be able to ensure that IEP services will be provided.
         5. An individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in sections (b) through (d) above.
         6. At the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel, as appropriate. The determination of the knowledge or special expertise of any individuals made by the party who invites the individual to be a member of the IEP Team.
         7. Whenever appropriate, the student with a disability.
         8. Secondary Transition Services Participants. In addition to the participants specified in(a) through (f) above, if a purpose of the meeting is the consideration of the postsecondary goals for the child and the transition services needed to assist the child in reaching those goals, the public agency must invite the child and, with the consent of the parents or a child who has reached the age of majority, a representative of any other agency that is likely to be responsible for providing or paying for transition services. If the child does not attend the IEP Team meeting, the public agency must
         9. take other steps to ensure that the child’s preferences and interests are considered.
         10. Early Intervention Representatives. In the case of a child who was previously served under Part C/Early Intervention (EI), an invitation to the initial IEP Team meeting must, at the request of the parent, be sent to the EI service coordinator or other representatives in the EI system to assist with the smooth transition of services.

 

Must those invited to the IEP Team meeting be present for the entire IEP meeting?
A member of the IEP Team is not required to attend an IEP Team meeting, in whole or in part, if the parent of a student with a disability or student (age 19 or older) and the public agency agree, in writing, that the attendance of the member is not necessary because the member’s area of the curriculum or related services is not being modified or discussed at the meeting.

A member of the IEP Team may be excused from attending an IEP Team meeting, in whole or in part, when the meeting involves a modification to or discussion of the member’s area of the curriculum or related services, if the parent, or student (age 19 or older), and the public agency consent to the excusal in writing; and the member submits, in writing to the parent or student (age 19 or older) and the IEP Team, input into the development of the IEP prior to obtaining consent for the excusal of the IEP Team member.

 

If service providers such as Occupational Therapists (OTs) and Physical Therapists (PTs) cannot attend the IEP Team meeting, do they have to get consent in writing to be excused from IEP Team meetings?
No. Only the required public agency IEP Team members must have written consent to be excused from the IEP Team meeting. The required public agency IEP Team members are as follows:

• Not less than one regular education teacher of the student (if the student is, or may be, participating in the regular education environment).
• Not less than one special education teacher of the student, or where appropriate, not less than one special education provider of the student.
• A representative of the public agency who-
• Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of students with disabilities; Is knowledgeable about the general education curriculum; Is knowledgeable about the availability of resources of the public agency; has the authority to commit agency resources and be able to ensure that IEP services will be provided.
• A public agency may designate a public agency member of the IEP Team to also serve as the agency representative, if the above criteria are satisfied.
• An individual who can interpret the instructional implications of evaluation results, who may already be one of the above mentioned IEP Team members. The IEP Team is encouraged to seek input from service providers who do not attend. Each public agency must ensure the student’s IEP is accessible to each service provider who is responsible for its implementation and is informed of his or her specific responsibilities related to the implementation of the student’s IEP; and, the specific accommodations, modifications, and supports that must be provided for the student in accordance with the IEP.

 

Who can serve as a public agency representative?
Any representative of the public agency who:

• Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of students with disabilities.
• Is knowledgeable about the general education curriculum.
• Is knowledgeable about the availability of resources of the public agency.
• Has the authority to commit agency resources and ensure that IEP services are provided.

A public agency may designate a public agency member of the IEP Team to serve as the agency representative, if the above criteria are satisfied.

 

Must there be a public agency representative present at each IEP Team meeting?
A representative of the public agency should be in attendance for each annual IEP Team meeting. However, according to the excusal clause a public agency representative is a member who may be excused. SES highly recommends that public agency representatives attend all IEP Team meetings.

 

Which regular education teachers should attend the IEP Team meeting?
A regular education teacher who has knowledge of the general education curriculum for the grade the student will be in during the implementation of the IEP and who may be a regular education teacher of the student (if the student is or may be participating in the regular education environment) should participate as a team member in the development, review, and revision of the IEP. If more than one regular education teacher will be working with the student, the public agency representative may designate who will attend the meeting. The IEP Team is encouraged to seek input from teachers who do not attend. Each public agency must ensure that the student’s IEP is accessible to each regular education teacher who is responsible for its implementation and each teacher is informed of his or her specific responsibilities related to implementing the student’s IEP; and the specific accommodations, modifications, and supports that must be provided for the student in accordance with the IEP.

 

Who should be invited as the regular education teacher for a preschool child with disabilities?
The requirement is to have the teacher of the child. If a child attends a program in the community, a licensed service provider of the child (i.e., Head Start teacher, day care provider, church personnel) must be invited. If there is not a regular teacher of the child, someone who meets state certification requirements such as a kindergarten teacher or other qualified personnel who can provide services to this age group must be invited.

 

Preschool teachers are invited to attend IEP Team meetings but may not be able to attend. How do we go about meeting the requirement to have a regular education teacher at the IEP Team meeting?
The requirement is to have the teacher of the child. However, if this person cannot attend the IEP Team meeting, maybe they can participate by conference call. The IEP Team should have input from the teacher of the child. Teacher input may be gained through such methods as the Natural Environment Observation/ELPP Documentation, Family Focus Interview/ELPP Documentation, teacher records, etc.

 

What is the role of the regular education teacher at an IEP Team meeting?
Any service provider(s) who is responsible for implementing services identified in the IEP may be invited to the IEP Team meeting. If the service provider(s) does not attend the meeting, the IEP Team should seek input from the service provider(s). The public agency must ensure that the service provider(s) is informed of his or her specific responsibilities related to implementing the student’s IEP.

 

Can an OT or a PT serve as the special education teacher at an IEP Team meeting?
No. In Alabama, OT and PT are not considered special education (specially designed instruction). Therefore, an OT or a PT may not serve in the capacity of the required special education teacher or special education provider.

 

Does a parent and public agency have the option of inviting any individual of their choice to be participants on a student’s IEP Team?
The parent or the public agency may include individuals who have knowledge or special expertise regarding the student. The determination as to whether an individual has knowledge or special expertise shall be made by the parent or public agency who has invited the individual. The public agency must get consent from the parent or a student who has reached the age of majority to invite transition agency representatives who would be responsible for providing or paying for transition services. The public agency also determines which individuals from the public agency will fill the required IEP Team member’s position.

 

If the parent indicates on the request to attend an IEP Team meeting that he/she will attend, but then calls the day before the meeting and wants to reschedule, what is the public agency’s responsibility?
The public agency has the responsibility to hold the IEP meeting at a mutually agreed upon time and location. Therefore, if the parent informs the public agency before the scheduled meeting that the time, date, or location needs to be changed, the public agency has the responsibility to reschedule the meeting. If after attempts to reschedule with the parent the rescheduling would prohibit the public agency from meeting a timeline (i.e., before the IEP lapses), the public agency should inform the parent that the IEP Team must meet before the specified timeline.

 

If the parent indicates on the request to attend an IEP Team meeting that he/she will attend, but then does not come to the meeting, what is the public agency’s responsibility?
If the parent checks that he or she will meet as scheduled but does not attend, the meeting may be held as scheduled. Only the purposes of the meeting checked on the Notice of Proposed Meeting/Consent for Agency Participation may be discussed.

 

What are the requirements for public agencies in regard to parent participation in the IEP Team meeting?
Each public agency must take steps to ensure that one or both of the parents of a child with a disability are present at each IEP Team meeting or are afforded the opportunity to participate, including notifying the parent of the meeting early enough to ensure that he/she will have an opportunity to attend; and scheduling the meeting at a mutually agreed on time and place. If neither parent can attend an IEP Team meeting, the public agency must use other methods to ensure parent participation, including individual or conference telephone calls or alternative means such as video conferences. A meeting may be conducted without a parent in attendance if the public agency is unable to convince the parent that he/she should attend. In this case, the public agency must keep a record of reasonable efforts (at least two attempts) to arrange a mutually agreed on time and place such as detailed records of telephone calls made or attempted and the results of those calls, copies of correspondence sent to the parent and any responses received, and detailed records of visits made to the parent’s home or place of employment and the results of those visits. The public agency must take whatever action is necessary to ensure that the parent understands the proceedings of the IEP Team meeting including arranging for an interpreter for a parent with deafness or whose native language is other than English. The public agency must provide the parent a copy of the child’s IEP at no cost to the parent.

 

What if a parent continues to check “I want to reschedule a meeting” time after time and the timeline is running out?
Document all attempts to schedule a mutually agreed upon time for an IEP Team meeting. If neither parent can participate in a meeting where a decision is to be made relating to the educational placement of their child, the public agency must use other methods to ensure their participation, including individual or conference telephone calls or a video conference. If rescheduling prohibits the public agency from meeting a specified timeline, the public agency should inform the parent that they must determine eligibility by a certain date or they must have an IEP Team meeting by a certain date before the IEP lapses.

 

What is the role of the parent at an IEP Team meeting?
The parent should participate as an equal partner with school personnel in developing, reviewing, and revising the IEP. This is an active role in which the parent (1) provides critical information regarding the strengths of the child and expresses concerns for enhancing the education of the child; (2) participates in discussions about the student’s need for special education and related services; and (3) joins with other participants in deciding how the student will be involved in the general education curriculum and participate in state and district-wide assessments, and what services will be provided and in what setting.

 

At what age can a student attend the IEP Team meeting?
Whenever appropriate, and at the discretion of the parent, the student with a disability should be invited to attend the IEP Team meeting. The public agency must invite a student with a disability to attend the student’s IEP Team meeting if a purpose of the meeting will be the consideration of the postsecondary goals for the student and the transition services needed to assist the student in reaching those goals.

 

What must be considered when an IEP is developed, reviewed, or revised?
In developing each student’s IEP, the IEP Team must consider the strengths of the student; the concerns of the parent for enhancing the education of the child; the student’s preferences and/or interests; the results of the initial or most recent evaluation of the student; and the academic, developmental, and functional needs of the student. The IEP Team must also consider “special instructional factors” for the student each time the IEP is reviewed.

 

Does a student continue to receive special education services even though he or she is making A’s and B’s but may have some areas in the standards where he or she is below grade level?
In order to be eligible for special education, a student must have a disability that has an adverse effect on educational performance and is in need of special education and related services. Educational performance means academic, social/emotional, and/or communication skills. Each public agency must ensure that FAPE is available to any individual student with a disability who needs special education and related services, even though the student has not failed or been retained in a course or a grade, and is advancing from grade to grade. The determination that a student is eligible must be made on an individual basis by the group responsible within the student’s public agency for making eligibility determinations.

 

If a student qualifies for services in the area of Developmental Delay in one domain, is that the only domain that may be addressed in the IEP for services?
No. Once the student is eligible for special education services, he or she may receive any service(s) that the IEP Team deems appropriate after appropriate evaluations have been completed.

 

At what point in the IEP process is the least restrictive environment (LRE) determined for a student?
The LRE should be determined when the IEP Team meets and identifies the type and amount of services for the student and determines how and where those services will be implemented. The IEP Team must consider each LRE option and move down the continuum to determine the appropriate LRE.

 

What information should be included in the profile of a student’s IEP?
The profile must include:

1. The strengths of the student
2. Parental concerns for enhancing the education
3. Student preferences and/or interests that include transition information beginning no later than the first IEP to be in effect when the student turns 16 or younger, if determined appropriate by the IEP Team
4. The results of the most recent evaluations
5. The academic, development, and functional needs of the student
6. Other
7. For a child transitioning from EI to preschool, justify if IEP will not be implemented on the child’s third birthday

 

Should medical information be included in the profile?
Medical information should be included in the profile when it is pertinent to the student’s progress and involvement in his or her educational program or if it is a concern of the parent.

 

If an area of concern is addressed in the profile, do we need goals for that area?
Any needs addressed on the profile page must be addressed as either a goal or in other components of the IEP. If the student’s needs are more than what could realistically be addressed in one academic year, the IEP Team should prioritize the student’s needs in the profile.

 

What do we mean by the term general education curriculum?
The general education curriculum is the curriculum for nondisabled students. The general education curriculum in Alabama is based on content standards listed in the College & Career Ready Standards. For preschool age children, the Developmental Standards for preschool children are used as the curriculum.

 

Is it necessary for a student’s IEP to address involvement in the general education curriculum regardless of the nature and severity of the student’s disability and the setting in which the student is educated?
Yes. The IEPs of all students with disabilities must address the extent to which the student will be involved and progress in the general education curriculum. The Individuals with Disabilities Education Act (IDEA) recognizes that some students with disabilities have educational needs which cannot be fully met by the general education curriculum; therefore, the IEP Team must make an individualized decision as to the extent appropriate for the student to participate in the general education curriculum and whether the student has other educational needs which cannot be met by the general education curriculum.

 

Does lunch and break time count as time “inside the regular education environment”?
Yes, if indeed the student is with nondisabled peers during lunch and break.

 

Can a student with a disability be in a regular education classroom with different but related work/activities?
Yes.

 

Is the goal now for children with severe cognitive delays to spend 80% of their time in the regular education classroom?
The goal is to include all students with disabilities in the regular education environment to the greatest extent appropriate. The LRE is an IEP Team decision that should be based on the individual needs of the student. The Office of Special Education Programs (OSEP) has asked states to work towards having all students with disabilities spend at least 80% of their time in the regular education environment. This is a goal to work toward. LRE decisions should be made on a case-by-case basis according to the student’s individual needs.

 

Why do special education students have to be taught by highly qualified teachers?
Both No Child Left Behind Act of 2001 (NCLB) and the IDEA are federal laws that require all students to have access to the general education curriculum. Additionally, current federal laws state that students with disabilities who are taught the core academic subjects must be taught by a highly qualified teacher.

 

Will the Student Profile continue to address state testing?
Yes. The Student Profile should include the results of the initial or most recent evaluation(s) of the student stated in meaningful terms as they relate to the needs of the student in order to write an appropriate standards-based IEP.

 

How can state assessment data be useful in writing standards-based IEPs?
State assessments are designed to measure progress toward academic content standards; therefore, results from state assessments can be used to identify concerns to be addressed when developing a standards-based IEP.

 

Can you elaborate on the collection of discipline referrals and attendance reports for making data-based IEP decisions?
In the case of a student whose behavior impedes the student’s learning or the learning of others, positive behavioral interventions and support, and other strategies to address that behavior should be developed and implemented. If a student has discipline referrals, the IEP Team should consider and discuss the need for behavior goals and/or a behavioral intervention plan (BIP) or other services to address the behavior. If a student has truancy problems, that too should be addressed by the IEP Team.

 

What is meant by “consideration of Special Instructional Factors”?
Special Instructional Factors must be reviewed and considered at each annual IEP Team meeting and may be reviewed and considered if a revision is being made to the IEP. If “yes” is checked on any one of the Special Instructional Factors it should be addressed in the IEP.

 

If a student has a behavior problem and a BIP will be written, is the BIP considered part of the IEP?
Yes. According to OSEP, for a child with a disability whose behavior impedes his or her learning or the learning of others, and for whom the IEP Team has decided that a BIP is appropriate, or for a child with a disability whose violation of the code of student conduct is a manifestation of the child’s disability, SES strongly suggests that the BIP be attached using documents on the SETS program.

 

If a student’s behavior in the regular education classroom would significantly impair the learning of others, can the IEP Team determine that placement in the regular education classroom is inappropriate for that student?
The IEP Team is required to consider positive behavioral interventions and supports, and other strategies to address the behavior of a student with a disability whose behavior impedes his or her learning or the learning of others. The determination of appropriate placement for a student whose behavior is interfering with the education of others requires careful consideration of whether the student can appropriately function in the regular education classroom if provided appropriate behavioral interventions, supports, and strategies. If the student can function in the regular classroom when provided appropriate behavioral interventions, supports, and strategies, placement in a more restrictive environment would be inconsistent with the LRE provisions of the IDEA.

 

If you mark Yes for transportation, do you need to address it elsewhere in the IEP?
Transportation does not need to be addressed further unless an instruction is being provided. (e.g., teaching a student how to use public transportation).

 

Should the bus driver be aware of the IEP?
If “yes” is checked regarding the student’s need for transportation accommodations or modifications, a representative from the Transportation Department should be included in the discussion and decision-making for this section of the IEP. Each public agency must ensure that the student’s IEP is accessible to any service provider who is responsible for its implementation; each provider is informed of his or her specific responsibilities related to implementing the student’s IEP; and, the specific accommodations, modifications, and supports that must be provided for the student in accordance with the IEP. Therefore, if the student has a medical, behavioral, or other need of which the bus driver should be made aware, it is the public agency’s responsibility to inform the bus driver of his or her responsibilities to implement the student’s IEP and any specific accommodations, modifications, and/or supports the student may need.

 

In the area of Nonacademic and Extracurricular Activities, what do you check if the student is a private school student only receiving speech services through the public school?
If a student is a private school student and only receiving speech or language services from the public agency based on the public agency’s private school plan, Nonacademic and Extracurricular Activities should be addressed as “No” with an explanation provided that the student only receives speech or language services from the public agency based on the public agency’s private school plan.

 

 

If nondisabled students receive progress reports every 4.5 weeks, should students with disabilities receive progress reports on the same frequency?
Students with disabilities should receive progress reports the same as students without disabilities. However, progress of annual goals on the IEP only need to be provided concurrent with the issuance of report cards.

 

 

Could teachers and service providers who are in charge of implementing an IEP be involved in a due process hearing primarily because the student did not master all of the IEP goals written for the duration of an IEP?
It is possible. However, the agency, teacher, or other persons who are responsible for implementing the IEP are not held accountable if a student with a disability does not achieve the growth projected in the annual goal(s), as long as good faith effort is made to assist the student toward achieving the goal(s). Public agencies providing special education services to a student with a disability must provide the services in accordance with the IEP and should keep documentation of the services provided to individual students.

 

Does the transition page of the IEP have to be a part of the IEP if it is not applicable for a student?
If a student will not be entering ninth grade or will not be 16 or older during the implementation of an IEP and the IEP Team does not think transition should be addressed for a student not yet 16, the transition page does not have to be included with the IEP.

 

What are the transition requirements at age 16?
Beginning not later than the first IEP to be in effect when the student turns 16, or if the student is entering ninth grade, or younger, if determined appropriate by the IEP Team, and updated annually, thereafter, the IEP must include appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills, and transition services (including courses of study) needed to assist the student in reaching those goals. If transition is being addressed before age 16 the same transition requirements that apply for students age 16 and older apply to younger students as well.

 

Do requirements for transition services apply to eligible students in adult prisons?
The requirements apply to the same extent as for eligible students in public schools with one exception. Transition planning and services do not apply to students whose eligibility will end, because of their age, before they will be eligible to be released from prison based on consideration of their sentence and eligibility for early release.

 

Can you check the box for exit option on the transition page of the IEP if the student is not yet 16?
If the student is in the ninth grade and earning program credits the answer is yes. If a student is still in middle school and not earning program credits the statement, “This student is in a middle school course of study that will help prepare him/her for transition” should be checked in lieu of exit option anticipated date of exit, and program credit to be earned.

 

If a student is age 16 or older and is receiving speech services only, does the transition page have to be included in the file? If yes, what has to be completed?
Yes, a student who is eligible for speech or language impairment is considered to be a student with a disability under the IDEA. Therefore, beginning not later than the first IEP to be in effect when the student turns 16 the entire transition page must be completed.

 

If a student is working toward the Alabama Occupational Diploma (AOD) and is successful in the program and has the transition page completed in the IEP, is it appropriate to have an IEP without a goal page?
No. Even if the transition goals on the transition page are addressed, every IEP must include at least one goal(s) page that addresses the academic or unique needs of the student. And, there must be a goal to address any Transition Services that are checked on the transition page.

 

Once you fill out the transition page, are transition goals still required on the goal page of the IEP?
Yes. Transition Services that have been identified on the transition page of the IEP require a Measurable Annual Goal to be written.

 

Who can pursue the AOD?
A student who can pursue the AOD is a student who qualifies for special education services and the IEP Team determines the AOD is the appropriate diploma option. Each student with a disability that is pursuing the AOD must be provided the opportunity to continue working toward earning the AOD if that student is determined, through the reevaluation process, to no longer qualify for special education services.

 

How do you document “program credit to be earned”?
IEP Teams should code program credit according to the credit earned. General education courses should be coded on the Alabama High School Diploma line. AOD courses should be coded on the AOD line. Extended standards should be coded on the Graduation Certificate line.

 

How should the transfer of rights at the age of majority be documented on the signature page of the IEP?
Beginning not later than the IEP that will be in effect when the student reaches 18 years of age, the student should be informed of his or her rights and that the rights will transfer to him or her upon reaching the age of majority which is age 19. Document the date the student is informed of the rights being transferred. The initial date that the student is informed of the rights being transferred should be used and carried over in subsequent IEPs.

 

Can a parent deny his/her child the process of transferring rights due to the student’s low cognitive skills?
When a student with a disability reaches age 19, which is the age of majority in Alabama (except for a student with a disability who has been determined to be incompetent under Alabama law), the public agency shall provide all notices to both the adult student and the parent. All other rights accorded to the parent transfer to the student. The public agency shall notify the student and the parent of the transfer of rights. If, under Alabama law, a student with a disability who has reached the age of 19, who has not been determined to be incompetent, but who is determined not to have the ability to provide informed consent with respect to the educational program of the student, the state shall establish procedures for appointing the parent of his/her child, or if the parent is not available, another appropriate individual, to represent the educational interests of the student throughout the period of eligibility of the student. Those procedures can be found on the ALSDE Web site under Special Education/programs in a document titled Procedures for Determining Inability to Provide Informed Consent.

 

If a student has a birthday of August 31, and turns 21 on that date, can the student attend school in the fall?
Yes. Students with disabilities who have not earned an Alabama high school diploma and who have not reached their twenty-first birthday by August 1 are entitled to services up to age 21, even if it means that instruction is provided in excess of 12 years. A student who turns 21 on or after August 1 is entitled to begin and complete the school year.

 

Has a process been set up for the exit IEP Team conference that is mandated by IDEA 2004?
IDEA 2004 does not require an exit IEP Team meeting. In Alabama, the Summary of Academic Achievement and Functional Performance (SOP) must be completed for every student that exits with a high school diploma, or who will be exceeding the age of eligibility for FAPE. SES strongly encourages public agencies to complete the SOP for all other students exiting high school. Also, the Notice of Intent Regarding Special Education Services must be completed to document that the student will not be returning to school the next school year because:

• The student will be graduating from high school with the Alabama high school diploma.
• The student will be age twenty-one prior to August 1.
• The parent or student, who has reached the age of majority, has been notified that the student who is exiting school with an AOD or before age 21 has the right to receive services to age 21.

 

If a student exits school at age 18 with an AOD or a graduation certificate, may he/she return to school to work toward completing the requirements to earn a regular diploma?
Yes. The AOD and a graduation certificate are not considered to be terminal diplomas that cease services. A student with a disability is entitled to FAPE up to the age of 21. A student who turns 21 on or after August 1 is entitled to begin and complete the school year. Students with disabilities who have graduated from high school with a regular high school diploma no longer have a right to FAPE.

 

If the student does not attend the IEP Team meeting, when are transition services discussed?
The public agency should take steps to ensure the IEP Team is aware of the student’s needs, interests, and preferences because these must be considered in order to develop an appropriate transition plan. Also, after the meeting there should be a follow-up meeting with the student to let him/her know what was discussed at the IEP Team meeting if the student was not in attendance.

 

What happens if the parent or student who has reached the age of majority (age 19) does not give consent for a transition agency representative to participate in the IEP Team meeting?
If the public agency is unable to get consent from the parent or student (age 19 and older) to invite transition agency representatives after two attempts, the agencies responsible for transition services may not be invited to the IEP meeting. If the parent or student (age 19 and older) check on the Notice of Proposed Meeting/Consent for Agency Participation I DO NOT GIVE CONSENT, the public agency may not invite any agencies that would be responsible for paying or providing transition services.

 

If a representative that is likely to be responsible for providing or paying for transition services (e.g., job coach) is partially funded by the public agency and partially funded by another agency does the public agency have to get parental consent?
No.

 

What happens if another agency fails to provide agreed-upon transition services?
If a participating agency, other than the public agency, fails to provide the transition services described in the IEP, the public agency must reconvene the IEP Team to identify alternative strategies to meet the transition goals for the student set out in the IEP.

 

If other agencies (such as DHR or Mental Health) not affiliated with transition are invited to the IEP Team meeting by the public agency does the IEP Team need permission from the parent or student, who has reached the age of majority, to invite the other agencies that may be providing or paying for transition services?
Consent from the parent or the student who has reached the age of majority is only needed when inviting agency representatives that may be providing or paying for transition services. The purpose for inviting other agency representatives not providing or paying for transition services should be considered. The IEP Team should consider if the agency representatives have knowledge or special expertise regarding the child and the reason for inviting other agency representatives not affiliated with providing or paying for transition services. Parental consent is required before personally identifiable information is released to parties including those providing or paying for transition services.

 

What should be considered in the Present Level of Academic Achievement and Functional Performance?
The Present Level of Academic Achievement and Functional Performance should be written in terms that are observable, specific, and based on evidence and include the strengths and needs of the student and how the student’s disability affects the student’s performance in the general education curriculum. For preschool children, as appropriate, the Present Level of Academic Achievement and Functional Performance should include how the disability affects the child’s participation in age-appropriate activities.

 

What are Measurable Annual Goals?
Measurable Annual Goals are related to needs resulting from the student’s disability that directly affect involvement and progress in the general education curriculum. Goals should be specific, based on the student’s Present Level of Academic Achievement and Functional Performance. Goals should be measurable. Goals should be realistically achievable and related to the most critical needs. Goals should be results-oriented by being developed with an outcome in mind, and goals should be time-bound by clearly defining the length of time in which the student should be able to master each goal. Academic goals must be written to general education content standards, or Alabama Extended Standards for students with significant cognitive disabilities who are being assessed with the Alabama Alternate Assessment, or Developmental Standards for preschool children with disabilities.

 

Should the Measurable Annual Goals be stated in terms of percentages or trials?
As long as the goals are written in measurable terms to the extent that they can be used to monitor progress and assess the appropriateness of special education services, goals can be stated in terms of percentages or trials. SES highly recommends that goals are reviewed on a regular basis.

 

Can we write only one measurable annual goal?
The amount of goals written should be based on the student’s needs. (For students working on extended standards at least one goal in the area of reading, math, language arts, science, and social studies are required).

 

Do we write a measurable annual goal for all academic areas or just for the area(s) of the student’s weakness?
Goals should address the area(s) of need for the student.

 

Do we write goals for classes taught by regular education teachers?
Goals should be written to address the student’s needs, not the classes taught. Goals should not restate the standard.

 

Would there ever be a reason to have the student’s measurable annual goal read “the student will maintain A’s and B’s on grade-level standards”?
No. Goals should be written based on the student’s deficit areas in working toward grade-level standards.

 

Must all IEPs have a reading and math goal?
Students should have goals that address the student’s area of need which may or may not be reading and/or math.

 

Do goals need to be written for specially designed physical education (PE)?
If the student receives specially designed PE which is an area of instruction, the IEP must have goal(s) if the PE curriculum is being modified. If only accommodations are provided for PE, goals are not required unless specially designed PE is the only goal being addressed in the student’s IEP.

 

If a student with physical disabilities requires specially designed PE whose job is it to provide this service?
If specially designed PE is prescribed in a student’s IEP, the public agency responsible for the education of that student must provide the services directly or make arrangements for them to be provided through other public or private programs.

 

Do goals need to be written for OT or PT services?
Goals should not be written for OT and PT services. The OT and PT services are related services that are needed to assist the student who qualifies for special education services. Address OT and PT services under Related Services in the IEP.

 

Is it appropriate to have fluency goals for a high school student?
Yes, if this is an area of need for the student.

 

Does speech need to be written as a goal or as a related service?
If SLI is the disability area and the student qualifies in articulation, voice, or fluency there must be a speech goal(s) and speech should be addressed as “Special Education” under the Special Education and Related Service(s) section of the IEP. If a student qualifies for SLI in the area of language, the IEP team should have a language goal, reading goal, or other goals with a language component embedded in the goal, and services should be addressed as “Special Education” under the Special Education and Related Service(s) section of the IEP. If SLI is not identified to be the area of disability on the student’s eligibility report, goals may or may not be written in the area of articulation, voice, or fluency. That will be an IEP Team decision. When SLI is not the area of disability as stated on the eligibility report, it should be addressed as a “Related Service” under the Special Education and Related Service(s) section of the IEP.

 

What is meant by the term peer-reviewed research?
The term peer-reviewed research means there is reliable evidence that the program or services are effective. The IEP Team should have strong evidence (i.e., journal publications, programs that are known to be scientifically based research, teacher data) of the effectiveness of instructional programs and other services before proposing them in an IEP. Peer-reviewed research also applies to nonacademic areas such as behavioral interventions. Before the IEP Team lists specially designed services and/or programs under Special Education and Related Service(s), the IEP Team must validate that the services and/or programs have been proven to be effective based on peer review research.

 

Where would you list a scientifically based reading research program on an IEP?
A program used for all students does not need to be addressed in the IEP. If it is a program used specifically to meet an individual student’s needs, the program would be identified under the Special Education and Related Service(s) section of the IEP. Naming a specific program in the IEP is not recommended because a specific program may change (i.e., the program isn’t working, the student transfers) within the implementation and duration dates of the IEP.

 

How do we work toward eliminating deficits in reading and math when the students are required to be in a regular class?
For students with deficits in reading and math, the regular education teacher and special education teacher should collaborate to provide differentiated instruction during regular education time as well as during the supplemental and intervention time that should be built into the master schedule.

 

What is meant by Benchmarks?
Benchmarks are targeted sub-skills or steps (levels of achievement) that lead to the achievement of the overall annual goal and should contain clear indications of how the student’s progress will be evaluated.

 

If a child is in all regular classes, are Benchmarks required?
Benchmarks are required only for those students who participate in alternate assessments aligned to alternate achievement standards and for those students where the public agency requires benchmarks for all students.

 

Can Measurable Annual Goals and/or Benchmarks be changed without initiating another IEP Team meeting?
Changes in the IEP can only be made through an IEP Team meeting or through the allowable amendment process. Regardless, notice must be provided to the parent explaining the changes made.

 

What is meant by the terms anticipated frequency of service(s), amount of time, beginning/ending date, and location of service(s)?
The term Anticipated Frequency of Service(s) indicates how often the service(s) will be provided (e.g., annual, bi-monthly, daily, weekly). The term Amount of Time refers to the total Amount of Time for each area. Amount of Time is required for Special Education and Related Services. If the IEP Team knows the Amount of Time for other needed services, it should be included. The Beginning/Ending Date is the start to finish of service(s) and may be different for each goal listed and may be different from IEP Initiation/Duration Dates. Location of Service(s) should list the specific location where the services will be provided (e.g., regular education classroom, resource room, school bus, lunch room, gym).

 

When putting the minutes on related services, do you put a cumulative amount for those areas where the services are not provided daily?
The Amount of Time must be documented for all related service areas. There are various ways to document the Amount of Time. All IEP Team members should understand what services will be provided and ensure that the services are documented and implemented as per the IEP Team’s understanding.

 

How are supplementary aids and services defined?
This refers to the aids, services, and other supports that are provided in regular education classes, other education-related settings, and in extracurricular and nonacademic settings to enable students with disabilities to be educated with nondisabled students to the maximum extent appropriate.

 

If the student does not receive any services with nondisabled peers, does the box for supplementary aids and services remain blank?
Not necessarily. Students should be included in the regular education environment to the greatest extent possible. Although a student may not be in any regular education classes, he/she may need accommodations when they are at lunch, traveling through halls, attending school programs, or in other scenarios.

 

What is the difference between accommodation and a modification?
Accommodations lessen the impact of the student’s disability in the teaching/learning environment in order to level the playing field but do not change the content of the standard. When accommodations are made for the student with disabilities, the content has not been altered and the student can earn course credit.

Modifications are changes made to the content of the curriculum due to the unique needs arising from the student’s disability. When course content is modified, the student is not pursuing the content prescribed in the applicable course of study and cannot earn course credit.

 

Would a computer-based reading program be considered assistive technology?
A computer-based reading program could be considered as part of the student’s Special Education, Related Services, Supplementary Aids and Services, or as Assistive Technology (AT) if the IEP determines the program is needed for the student to receive FAPE. If it is a program available to all students, it is not considered to be AT.

 

Does assistive technology include support for the function of a surgically implanted medical device and if so, is this considered a related service?
Public agencies must ensure that the external components of surgically implanted medical devices are functioning properly; but for a student with a surgically implanted medical device who is receiving special education and related services, a public agency is not responsible for the post-surgical maintenance, programming, or replacement of the medical device that has been surgically implanted (or of an external component of the surgically implanted medical device). The AT may be documented on the IEP as a goal and also under the Special Education and Related Service(s) area as Special Education, Related Services, Supplementary Aids and Services, or as Assistive Technology.

 

If the student requires support from personnel in the general education curriculum, where do you document this?
Support for personnel should be documented in the Special Education and Related Service(s) section on the goal page of the IEP under “Support for Personnel” and should be indicated on the IEP only when training or support is being provided to public agency personnel regarding a student’s specific need.

 

When the special education teacher collaborates with the regular education teacher by meeting with him or her to discuss the student’s special education services, is that considered Special Education or Support for Personnel?
That is considered Special Education and should be documented under “Special Education” in the Special Education and Related Service(s) section of the IEP.

 

When should extended school year (ESY) services be provided?
The IEP Team must consider ESY services at least annually as part of the provision of FAPE. The ESY services must be provided only if a student’s IEP Team determines that the services are necessary for the provision of FAPE. If ESY services are needed, the IEP must clearly specify which goals and services are being extended, the beginning and ending dates for services, the location, and the amount of time committed.

 

Why is the IEP Team required to include an explanation of the extent to which a student will NOT participate with nondisabled students in the regular class and in extracurricular and nonacademic activities?
The IDEA requires that each student with a disability be educated with nondisabled students to the maximum extent appropriate. A student with a disability may be removed from the regular education environment only when the nature or severity of the disability is such that education in the regular education classroom with Supplementary Aids and Services cannot be satisfactorily achieved. To the maximum extent appropriate, students with disabilities should participate with nondisabled students in nonacademic and extracurricular services and activities. The IDEA assumes that the majority of students who are eligible for special education and related services are capable of participating in the general education curriculum to some degree with accommodations and/or modifications. The IEP Team must consider the needs of the individual student and decide the extent to which the student is able to participate appropriately in the general education curriculum.

 

If a student receives intermittent services at home or in the hospital, could more than one LRE be noted?
No. The IEP Team should determine where the student spends most of his or her time and choose the LRE based on that information. If the amount of time is equally spent at home and in the hospital only choose one LRE. The IEP Team should explain why a student receives services in more than one environment in the Least Restrictive Environment section of the IEP.

 

Under what circumstances can you justify a separate school as a student’s LRE?
The justification of LRE is written for the student not for the separate school. The justification should be based on the needs of the student. Students enrolled in separate schools should still be afforded the opportunity for interaction with age-appropriate non-disabled peers. Also, physical education services, specially designed if necessary, must be made available to every student with a disability receiving FAPE, unless the public agency enrolls students without disabilities and does not provide physical education to students without disabilities in the same grades.

 

Are public agencies required to have a continuum of services available?
Yes. A public agency may not say that the only option is full inclusion.

 

Is a parent’s signature required on the IEP?
There is not a requirement in the IDEA statute or the federal regulations that a parent sign an IEP for it to be implemented. The parent signature is a way of documenting parent participation.

 

If a parent participated in the IEP meeting via conference call, should a signature page for the IEP be mailed to the parent for their signature?
No. Simply document how the parent participated in the IEP Team meeting in the space provided for the parent’s signature. The parent must be provided a copy of the IEP.

 

If the parent and the public agency are unable to reach an agreement at an IEP meeting, what steps should be followed until an agreement is reached?
The IEP Team meeting serves as a communication vehicle between the parent and school personnel, and enables them, as equal participants, to make joint, informed decisions regarding the: (1) child’s needs and appropriate goals; (2) extent to which the child will be involved in the general education curriculum and participate in the regular education environment and state and districtwide assessments; and (3) services needed to support that involvement and participation and to achieve agreed-upon goals. The parent is considered an equal partner with school personnel in making these decisions; and, the IEP Team must consider the parent’s concerns and the information provided by the parent regarding the child in developing, reviewing, and revising IEPs. The IEP Team should work toward consensus, but the public agency has the ultimate responsibility to ensure that the IEP includes the services that the student needs in order to receive FAPE. It is not appropriate to make IEP decisions based upon a majority “vote.” If the IEP Team cannot reach a consensus, the public agency must provide the parent with prior written notice of the public agency’s proposals or refusals, or both, regarding the student’s education program, and the parent has the right to seek resolution of any disagreements by initiating an impartial due process hearing. Every effort should be made to resolve differences between the parent and school staff through voluntary mediation or some other informal step, without resorting to a due process hearing. However, mediation or other informal procedures may not be used to deny or delay a parent’s right to a due process hearing or to deny any other rights afforded under the IDEA.

 

What if the parent gets upset and leaves the IEP meeting?
If the parent gets upset and leaves the IEP meeting, the meeting may continue. An IEP Team member should document that the parent was present during part of the meeting. Each IEP Team member should document his or her participation and position(s) he/she is serving in by signing and dating on the appropriate line(s). The parent must be provided a copy of the IEP if this was an annual IEP Team meeting. If this was an IEP amendment meeting, the parent must receive a copy of the revised IEP and a Notice of Intent Regarding Special Education Services form explaining the changes.

 

Is it permissible for the public agency to have the IEP completed before the IEP meeting begins?
No. Public education agency staff may come to an IEP meeting prepared with evaluation findings and proposed recommendations regarding the IEP content, but the public agency must make it clear to the parent at the beginning of the meeting that the services proposed by the public agency are only recommendations for review and discussion by the IEP Team. The best practice would be to seek input from the parent prior to the meeting and/or send a draft of the IEP to the parent so he/she has time to review the proposed IEP prior to the meeting.

 

Are state assessment forms required for preschool?
No.

 

How many pages will be in an IEP?
The number of pages in an IEP would depend on the needs of the student and what the IEP Team determines the student can reasonably be expected to do during a school year.

 

Who should have a copy of the IEP?
The special education teacher and/or case manager of the student must have a copy of the IEP. The public agency is also required to provide a copy of the IEP to the parent at no cost. Others responsible for implementing parts of the IEP (e.g., regular education teacher(s), related service providers, and any other service provider) must be informed of their specific responsibilities related to implementing the IEP and the accommodations, modifications, and supports that must be provided in accordance with the student’s IEP. The IEP must be “accessible” to these other providers but it is not a requirement that a personal copy of the entire IEP be provided. If a personal copy of the IEP is provided to other service providers, they must be made aware that the IEP document in whole or in part must be protected in a secure location and treated as a confidential document.

 

Should a paraprofessional assigned to a student sign the Persons Responsible for IEP Implementation?
Yes. Each regular education teacher, special education teacher, related service providers, and any other service provider must first be informed of his or her specific responsibilities related to implementing the student’s IEP and the specific accommodations, modifications, and supports that must be provided for the student in accordance with the IEP. Secondly, once informed of his or her responsibilities each individual responsible for the implementation of the student’s IEP must sign the form Persons Responsible for IEP Implementation. The student’s case manager must keep a copy of the form Persons Responsible for IEP Implementation with the individual signatures on file.

 

Who is responsible for serving a student with disabilities who is residing in a local detention/jail facility?
The local education agency where the detention/jail facility is located should ensure that special education and related services are provided to students with disabilities.

 

How often must the IEP and placement be reviewed?
The IEP must be reviewed at least annually. The IEP and placement may be reviewed more often if needed. The parent or the teacher may request an IEP Team meeting if there is a need to review or revise the IEP.

 

Will a transitional IEP be developed for students who are no longer eligible for special education services?
No.

 

When a student transfers from another public agency within the state do you have to honor the IEP from the other agency?
If a student with a disability (who had an IEP that was in effect in a previous public agency in Alabama) transfers to a new public agency in Alabama and enrolls in a new school within the same school year, the new public agency (in consultation with the parent) must provide FAPE to the student (including services comparable to those described in the student’s IEP from the previous public agency) until the new public agency either:

• Adopts the student’s IEP from the previous public agency; or;
• Develops, adopts, and implements a new IEP

 

What if a student whose IEP has not been subject to a timely annual review, but who continues to receive services under that IEP, transfers to another public agency in the same state? Is the new public agency required to provide FAPE?
If a student with a disability was receiving special education and related services pursuant to an IEP in a previous public agency even if that public agency failed to meet the annual review requirements and transferred to a new public agency in the same state and enrolls in a new school within the same school year, the new public agency (in consultation with the parent) must provide FAPE to the student (including services comparable to those described in the student’s IEP from the previous public agency), until the new public agency either:

• Adopts the student’s IEP from the previous public agency; or
• Develops, adopts, and implements a new IEP

 

When a student transfers from another state do you have to honor the IEP from the other state?
No. The receiving public agency would implement the out-of-state IEP until such time that a new IEP is developed if the student is eligible according to the AAC.

 

Is the receiving public agency required to write an IEP on Alabama forms for out-of-state transfers who have a current IEP?
No. The receiving public agency would implement the out-of-state IEP until such time that a new IEP is developed if the student is eligible according to the AAC.

 

What options are available when an out-of-state transfer student cannot produce an IEP, and the parent is the source for identifying “comparable” services?
The federal regulations require that to facilitate the transition for a student the new public agency in which the student enrolls must take reasonable steps to promptly obtain the student’s records, including the IEP and supporting documents and any other records relating to the provision of special education or related services to the student, from the previous public agency in which the student was enrolled; and the previous public agency in which the student was enrolled must take reasonable steps to promptly respond to the request from the new public agency. If, after taking reasonable steps to obtain the student’s records from the public agency in which the student was previously enrolled, including the IEP and any other records relating to the provision of special education or related services to the student, the new public agency is not able to obtain the IEP from the previous public agency or from the parent, the new public agency is not required to provide services to the student. This is because the new public agency, in consultation with the parent, would be unable to determine what constitutes comparable services for the student, since that determination must be based on the services contained in the student’s IEP from the previous public agency. However, the new public agency must place the student in the regular school program and conduct an evaluation pursuant to, if determined to be necessary by the new public agency. If there is a dispute between the parent and the new public agency regarding whether an evaluation is necessary or regarding what Special Education and Related Services are needed to provide FAPE to the student, the dispute could be resolved through the mediation procedures or, as appropriate, the due process procedures. Once a due process complaint notice requesting a due process hearing is filed, the student would remain in the regular school program during the pendency of the due process proceedings.

 

What if a student transfers from an out-of-state agency to a public agency without an IEP, yet it is obvious he/she is in need of special education services?
If the parent and the new public agency agree on services that the student needs until records are received from the previous public agency, those agreed upon services may be provided. If the parent and the public agency do not agree on the services to provide, the student is enrolled in the regular education program along with any Special Education and Related Services on which the parent and the public agency agree. The public agency may also ask the parent for consent to conduct an initial evaluation.

 

Is it permissible for a public agency to require that a student with a disability who transfers from another state with a current IEP that is provided to the new public agency remain at home without receiving services until a new IEP is developed by the public agency?
No. If a student with a disability (who had an IEP that was in effect in a previous public agency in another state) transfers to a public agency in a new state, and enrolls in a new school within the same school year, the new public agency (in consultation with the parent) must provide the student with FAPE (including services comparable to those described in the student’s IEP from the previous public agency), until the new public agency:

• Conducts an evaluation (if determined to be necessary by the new public agency); and
• Develops, adopts, and implements a new IEP, if appropriate.
• The public agency must provide FAPE to the student when the student enrolls in the public agency in the new state, and the public agency may not deny services to the student pending the development of a new IEP.

 

Do you have to get consent from the parent to request records from the sending public agency?
Parental consent is not required for the transmission of special education records between public agencies. Parental notice is required. SES will be placing a sample form on our Web site for transfer of records.

 

Do public agencies have a time limit on facilitating the transfer of student records?
The new public agency in which the student enrolls must promptly obtain the student’s records, including the IEP and supporting documents and any other records relating to the provision of special education or related services to the student, from the previous public agency in which the student was enrolled. The previous public agency in which the student was enrolled must promptly respond to the request from the new public agency. If paper copies of records are requested by the new public agency, SES recommends the records be delivered within ten days of the request.

 

What is the timeline for the receiving public agency to adopt an IEP from a previous public agency or to develop and implement a new IEP?
The federal regulations do not establish a timeline for the new public agency to adopt, develop, and implement the student’s IEP from the previous public agency. However, the new public agency must take these steps within a reasonable period of time to avoid any undue interruption in the provision of required services.

 

How do we document parent participation in a meeting if they participated by phone?
In hard copy forms and in STISETS, on the parent signature line write, “parent participated by phone.”

 

How do we document the parent chose to participate by phone but at the time of the meeting they did not answer the phone?
If the parent said he/she was going to participate in the meeting by phone and did not participate, document that the parent was unavailable by phone.

 

Do you have to develop a new IEP for each senior even if the annual review signature date is in March or April?
According to OSEP, an “annual review” of the IEP must be conducted every 365 days. The IEP that carries the student through the last day of school would be okay as far as the implementation/duration dates. However, you will still need to review the IEP by the annual review date (signature date of the IEP) to document that the IEP has been reviewed in a timely manner. Here are some suggested ways to meet this requirement for exiting seniors (exiting with a regular diploma or will be 21 before August 1):

Option 1

Provide the Notice of Proposed Meeting/Consent for Agency Participation form checking the purpose of the meeting is to “Review the IEP.” If the IEP Team decides to complete the Summary of Academic Achievement and Functional Performance (SOP) during the meeting that purpose should be added on the Notice of Proposed Meeting/Consent for Agency Participation. Hold an IEP Team meeting, review the IEP and if the student is indeed exiting (exiting with a regular diploma or will be 21 before August 1) complete a Notice of Intent Regarding Special Education Services, documenting the review of the IEP and also providing notice again that the student is expected to exit in May. If the SOP will be completed with the student at a later date that should be indicated on the Notice of Intent Regarding Special Education Services form. The case manager would go into the student folder in STISETS and manually enter the date of the meeting in the field called Date of Most Recent Annual IEP Signature. The IEP Team could use a hard copy of the signature page of the IEP to document attendance at the meeting. The Notice of Intent Regarding Special Education Services form should indicate who was in attendance. Do not open a new IEP process.

Option 2

Provide the Notice of Proposed Meeting/Consent for Agency Participation indicating the purpose of the meeting is to “Revise the IEP”. If the IEP Team decides to complete the Summary of Academic Achievement and Functional Performance (SOP) during the meeting that purpose should be added on the Notice of Proposed Meeting/Consent for Agency Participation. Hold an IEP Team meeting, amend the Student Profile to document that the IEP Team met on ______ (add date) to review the IEP and that the student will graduate as scheduled in May with a regular diploma or that the student has reached the age of 21. Update goals that may have been mastered, amend the signature page with new signatures and date. Send a copy of the amended IEP along with the Notice of Intent Regarding Special Education Services form informing the parent of actions taken. If the SOP will be completed with the student at a later date that should be indicated on the Notice of Intent Regarding Special Education Services form.>

The case manager would go into the student folder in STISETS and manually enter the date of the meeting in the field called Date of Most Recent Annual IEP Signature. The IEP Team could use a hard copy of the signature page of the IEP to document attendance at the meeting. The Notice of Intent Regarding Special Education Services form should indicate who was in attendance. Do not open a new IEP process.

Option 3

If there is any doubt that the student will be exiting in May, the IEP Team should develop an IEP so that an IEP is in place on the first day of school in the fall. Follow process 4 in. If the IEP Team decides to complete the Summary of Academic Achievement and Functional Performance (SOP) that purpose should be added to the Notice of Proposed Meeting/ Consent for Agency Participation. If the SOP will be completed with the student at a later date that should be indicated on the Notice of Intent Regarding Special Education Services form.

 

What are the ALSDE’s policies for promotion and retention?
The AAC does not contain regulations for promotion and retention. Each public agency should have its own policies regarding promotion and retention based on the number of credits required for graduation from high school. The same applies to elementary grades with the school/system deciding what classes, number of classes, etc., must be passed in order to progress from one grade to the next grade.