Table of Contents
There are no specific “cutoff” scores that teams must utilize for decision-making, however, the procedure’s manual provides guidelines that teams need to follow. (Page 51 provides specific guidance on discrepancy.) 1/13
Guidelines regarding where EC evaluations may occur (5/14) - see link
Students that are younger than 5 years old do not qualify for open enrollment unless the student has an instructional Individualized Education Program (IEP), where the student is eligible to be counted for certified enrollment. Students cannot open enroll into Statewide Voluntary Four Year Old Preschool programs. Parents can enroll a student into any district that offers Statewide Voluntary Four Year Old Preschool program whether or not it is their resident district without the need to open enroll. Special Education students with an IEP requirement for services provided in an early childhood special education program are eligible if eligible for certified enrollment Iowa Code section 282.18. 2/5/15
What is the procedure and timeline for placing dropouts/CPI/IPI students back on IEPs when they return to school with an expired IEP? The IEP team should reconvene as soon as possible and the IEP can be done through an interim, an annual review, or a reevaluation. The team should make the decision for which is most appropriate based on the time out of school and the dates of the previous annual and reevaluations. 2/5/15
1) Do they receive services as described in previous IEP until a new reevaluation or annual review meeting is held? Yes, see above
2) What is the timeline for accomplishing this task? As soon as possible, see above
3) Who decides what grade the student should be in? The district determines grade level. 2/5/15
Would the AEA pay for a cab or reimburse a parent (of a 4 year old) for bringing their child here to receive speech services? AEA will reimburse for the purposes of child find/evaluation. If the student is eligible (support only), we must offer to reimburse their transportation or get a cab. 2/5/15
See link for guidance on answering reevaluation questions: - see link
Who signs the excusal form? A school representative signs the excusal form for eligible individuals receiving weighted, instructional programs. An area education agency representative signs the excusal form for eligible individuals receiving unweighted, support services. 3/13
Can LEA reps be excused? Yes. The recommendation would be to assign a designee who meets the procedural requirements (Is qualified to provide or supervise the provision of special education, Is knowledgeable regarding the general curriculum, Is knowledgeable regarding available resources, and Is authorized to commit agency resources). However, they can be excused from the meeting. The district needs to understand that by doing so, they are ultimately agreeing to expenses as deemed appropriate by the IEP team. The excusal form must be completed. 2/5/15
When is a surrogate parent needed and how is one appointed?
Information can be found under Surrogate Parent in the Special Education Procedures Manual. The designated Special Education Coordinator will be the first contact to be made by the team rep for surrogate parent appointments. The Special Education Coordinator will collaborate with AEA designee (Rod Ball) to make surrogate parent appointments. Upon selection of surrogate parent the AEA designee (Rod Ball) will set up appropriate training for the potential surrogate parents. Upon completion of training, a letter will be drafted by the AEA designee (Rod Ball) which requires signatures from both the surrogate parent and the AEA 267 Director of Special Education. A copy of the letter will be provided to the surrogate parent and a copy will be placed in the student IEP file. The AEA designee (Rod Ball) will ensure that the appropriate IMS data entry person places the surrogate parent information in the student’s IEP demographic information screen.
A foster parent may not, by virtue of his or her foster parent status alone, be deemed a person acting as the parent of an eligible individual for special education purposes. In some situations, however, foster parents can serve the parent as long as there is no conflict of interest. For example, a foster parent who has been court-appointed as a guardian able to serve as the parent for IDEA purposes. (Often relatives, such as grandparents, have been granted guardianship – if this is the case, no surrogate is needed.) Furthermore, foster parents are not precluded from acting as a parent and other circumstances may allow a foster parent to serve as a parent:
· A foster parent may act as a parent if assigned as a surrogate parent.
· A foster parent may act as a parent if the foster parent is an individual such as a grandparent, stepparent, or other relative with whom the child lives and is acting in the place of a biological or adoptive parent.
Selection of the surrogate parent may require assistance from the LEA. Choices for surrogate parents are community individuals with a strong interest in the wellbeing of students with IEP’s (such as retired teachers, clergy members of the community). DHS workers cannot be the guardian for IEP purposes or be assigned as the surrogate parent.
If a student is in a residential placement like Pinecrest, Bremwood, youth shelter or detention center, staff of the residential facility cannot serve as a surrogate parent due to conflict of interest.
The surrogate parent is invited to all the students IEP meetings including amendments. 11/14
We are seeing an increasing number of employability goals on IEPs without a specific behavior goal or an FBA or BIP. If a child has no other need area is it acceptable to have only an employability goal based on working needs?? If so, should this also follow our agency stance that a goal in the area of behavior needs to have an FBA and BIP.
Yes, it is acceptable to have a goal for a student who has work needs only. An FBA and BIP may/may not be needed for an employability goal if that data collection/analysis process is necessary to determine an appropriate employability goal. (9-3-15)
When a preschool walks in to an AEA office and they are speech only, how do we answer the LRE question: “Will this individual attend the school he or she would attend if nondisabled?” No, walk in’s are not attending the school they would if they were not disabled. 2/5/15
If a student is ELL (receiving ELL services), does this mean an automatic ‘yes’ on the IEP under special considerations for ELL? No, it means the IEP should consider/discuss it, but does not mean it is an automatic ‘yes’. The IEP team should consider and note information on the B page regarding need and appropriate supports. If there are no needs that would be supported through the IEP the team would check ‘no’ under special considerations but may note this information/decision on the B page. 2/5/15
What is our agency’s guidance on whether team reps can provide direct service to students on an IEP over time or not? AEA team reps should not be listed on the F tab of the IEP because they should not be providing ongoing services. However, they may provide support by seeing a student short-term to gather assessment data, to model a strategy for the LEA staff or address an immediate need such as potential suicide risk. 2/5/15
Can rubrics be used to monitor goals? Yes, they can be used. A handout for specific guidance is under development. 1/13
When doing an amendment to change a goal to a completely different skill, within the same goal area, can the teacher delete the old goal and start new since the original goal will be archived? Go into the goal and mark that the goal has been met and date it IN CAPS, then open up a new goal.
When documenting progress on the R tab, should progress include data from the past 3 years or past year? See link for guidance on answering reevaluation questions: - see link 12/14
Who is responsible for completing the R tab for a reevaluation? AEA support staff are responsible for ensuring the information on the R tab is accurate and comprehensive enough to answer the eligibility question. All members of the IEP team are able to contribute to the information on the R tab. There is no directive on who is responsible for typing the information on the R tab. 12/14
How to document ESYS in the IEP: The procedure’s manual states it must be documented on the services tab (G), the ESYS form, and on the Prior Written Notice. Document on the G that extended year services are required. Then fill out the ESY form found on www.iowaideainfo.org under the IEP/IEP 2013/Templates. Download this form to your computer and then after completion, upload it to the Associated Files for the student. Open the IEP as an amendment or a new IEP, and document the ESY on the F tab as follows:
For SDO services, you will add to the description of the current service the following: It has been determined that this student is in need of extended school services based on regression or rare and unusual circumstances. During June and July of 2014, XX minutes will be provided for “reading”; and XX minutes will be provided for “math”, etc. You will use the appropriate goal area in the description of the service.
For SS0 services you will add to the description of the current service the following: It has been determined that this student is in need of extended school services based on regression or rare and unusual circumstances. During June and July of 2014, XX minutes will be provided for Speech Services. The same description will be added to each service description to be addressed during extended school year. You will NOT change the current minutes listed for each service on the F tab. You will provide a new Prior Written Notice documenting the extended school year services. This procedure will eliminate the need for an amendment during the month of June to move the future service for extended school services to the F tab under current services. (Email from Rod on 2-26-14)
If a student qualifies for ESY, is the district obligated to provide transportation for students who do not receive specialized transportation? What if the parent cannot transport for the ESY service, would this be an access issue or not? The school district needs to provide transportation. This needs to be documented on the Extended School Year form and the Written Prior Notice. If specialized transportation doesn’t exist as a need during the year, it becomes specialized for the extended school year services. (9-3-15)
When is parental consent required for an FBA for an already identified student? Procedures Manual- Parental consent is required in order to collect any data beyond that which is currently available to complete a FBA (see reevaluation section.) If no new data are needed to complete the FBA, then no parental consent is required. For a student who is not currently identified but is receiving general education interventions a consent is not required but parent notification is necessary. 2/5/15
Can we write “ grade level passage” instead of indicating the actual grade level on an IEP goal? This is considered compliant but it is recommended that the IEP team write a specific grade level in the goal or state grade level passage and insert a phase line when the student moves to a new grade level. (revised based on conversation at 11/14 coordinator/admin. mtg)
How do we document support services such as SLP, OT, PT, ITH, VI... on the IEP when there is not a specific goal for that support area? 11/14
Do support staff need to document their services under support for school personnel in their log (case notes for OT and PT)? Yes 11/14
What is the procedure for future services? The future services tab is intended to be used for services that will begin at a future date. When it is time to begin the services, the IEP may be amended, copy the services as listed on the ‘future’ tab, add the services to the appropriate tab, and then delete the information from the future tab. If LRE will not be significantly impacted an amendment is not necessary. 12/14
Do we still answer the first 3 reevaluation questions on page R to add a new goal area to an existing IEP? No, when adding a goal area to an existing IEP, the What Forms to Use When document states the process as follows: New goal/need areas and /or service areas (instructional or support) may be added through a Review, Amendment or Reevaluation. A reevaluation is not required. The team reviews existing data. Goal/need areas and service areas may be added provided there are sufficient data to inform decisions regarding the individual’s progress in general education, current level of performance, and needs requiring special education services. A reevaluation is required if new assessment data (beyond existing data) are needed.
How long do we have to create an Iowa IEP for students who move in from out of state? Create an Iowa IEP for out of state move in - needs to be completed (added to Iowa system) by adding the existing IEP to the system (complete tabs A, F, RSD) OR creating a new IEP by count date or within 30 days of move in to allow for progress monitoring (see p. 12 of What Forms to Use When) 11/14
A student is behind in high school credits needed to graduate, so the team is changing the expected targeted graduation date. Do they also change the grade level on the A page of the IEP? So for example, a 17 year old student that only has 11 credits toward graduation (equivalent to sophomore status) so they change the targeted graduation date from 2014 to 2016. Do they also change the grade level from junior (11) to sophomore (10)? Changing the student’s grade level designation is not the IEP team’s role. The LEA administrator would make that determination. 1/13
What is the process for exiting students when they graduate? Graduation review should occur near the time the student will graduate or may be a part of the student’s annual IEP meeting as it naturally occurs. The process is as follows:
1. Hold the IEP meeting and discuss that the student will be graduating at the end of the year. Discussion of graduation should be documented on the meeting notice. The team would discuss the students’ progress toward meeting graduation criteria at that meeting. The team would ensure the parents and the student understand all services will end at the actual time of graduation.
2. Do the IEP and prior written notice as usual. Indicate on the PWN that the student will graduate at the end of the year and services will end.
3. Ten days prior to graduation, the teacher would need to do the final exit procedures. (This can be done without another IEP meeting.)
· Click final exit on the existing IEP, choose the graduation code, and then do the SAR or the post-secondary summary. The system will require a second SAR before the final exit can occur. If the SAR was completed during the annual review, the team may either cut and paste the information into the new SAR or the team may write “See SAR attached to the IEP dated**.”
· Do a new PWN that notes the change of placement (end of services) and the date it is effective.
· Be sure that these documents are sent to student/parents along with the last progress monitoring on goals.
Reminder: The decision to address graduation at the naturally occurring time should be based on each individual student. In some cases it will be clear that the student is on track to graduate as indicated on the IEP; for other students, graduation may be questionable so the team would take that into consideration. (Note: If the team had discussed graduation at an annual review, and then something happens that causes the student to potentially not graduate, the IEP team needs to be reconvened to document the needed adjustments in the IEP – course of study, graduation date, etc.)
The IEP team creates a SAR or Post secondary form at the exit IEP meeting. However, the system requires another SAR or Post secondary form when I try to exit the student from the system. Do we have to create another one? You will need to add another form, however one of two options are acceptable. 1) The information from the SAR or Post secondary form can be cut and pasted into the new form or 2) a comment such as “See the completed SAR attached to the IEP dated 3-13-14” made be written on the new form.
45 day trial out
Can a 45 day trial reintegration be carried over the summer (initiated in the spring and end in the fall)? Yes, DE website clarifies 45 school days.
Can a district unilaterally remove a student for 45 days for possessing drug paraphernalia (no possession of drugs)? No, procedures specify drugs, not drug paraphernalia. 2/5/15
When used, the signed copy of the Electronic Mail Communication form should be kept in the student’s special education file. 1/13
The Disability Suspected form should be uploaded as an associated file. 1/13
Should a copy of the progress monitoring graphs sent to parents be kept in the cumm file? No, that is not a procedural requirement. 2/13
Where should the student’s medical records be housed? Medical records may be kept with the school nurse or in the special education file. If they are placed in the special education file, the need to be separated from the rest of the records. 2/13
Are EC staff allowed to discuss students who were on an IFSP (but are not currently on an IEP) with district personnel ? Deb Molitor reported being in a meeting with Thomas Mayes. He said that this is covered under FERPA, and in fact, exchanging information among educational entities (AEA 267 for EA and the district for ECSE or students in general) does not require any kind of signed consent.
How should a Health Plan be documented in the IEP? (Rod Ball email, 1/13/15)
PLAAFP Page: Under Health Needs, select “Yes, health is a concern and will be addressed in the IEP” or “Yes, health is a concern and will be addressed in the health plan” or both. If the student will have an IHP, both boxes must be checked. Select the Assess Tab and describe the student’s health needs under “Other Information Essential to the Development of the IEP”.
Page F: On the Services tab select “NR-Nursing Services”. Describe the need for health services and identify the registered school nurse, ARNP, or physician as the position responsible to develop and monitor the individual health service plan in collaboration with the parent, school staff, AEA and other medical services providers. Determine the minutes needed per month for the registered school nurse to provide both the direct service, supervise paraprofessional staff who provides service through nursing delegation, and services provided on behalf of the student. This type of description is required whether or not Medicaid is billed for services rendered. Nursing services do not count towards minutes of the direct removal from general education settings, unless the nurse is providing direct instruction as part of an IEP goal. Note the location of the IHP in this description if the IHP will not be uploaded as an associated file.
IHP clarification- The IHP requires the school nurse or licensed ARNP or medical provider as well as relevant members of the IEP team in the development. It can be uploaded, but you this is not required (if not uploaded, you need to say in the IEP where in the IHP is located). 11/14
Medicaid Update- 1 time signature per agency, allows to bill for services up to 365 days PRIOR to signature (today). 11/14
Is a health plan required when the school dispenses medication? If the administration of those medications requires ongoing professional health judgement an IHP may be necessary (p. 358-359). (9-3-15)
Do parents retain rights when their child is under 18 and are placed in a county jail? Yes.
Do parents retain rights when their child is in a state penitentiary? No, the child will be an emancipated adult, even if under age 18.