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IDEA and Gifted Requirements File Review Cohort 2 (SY2025-2026)

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Agenda

  • 8:30-9:00       Registration​
  • 9:00-9:15       Welcome and Review of the day ​
  • 9:15-9:45       KIAS Overview ​
  • 9:45-11:30     IDEA and Gifted Self-Assessment Requirements​
  • 11:30-12:30   Lunch​
  • 12:30-2:45     IDEA and Gifted Self-Assessment Requirements continued​
  • 2:45-3:00       Wrap up​

  • Breaks may be taken as often and as needed throughout the day

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Learning Objectives

  • Participants will learn about the Kansas Integrated Accountability System that is used for IDEA and Gifted File Review and develop an understanding of the monitoring process.
  • Participants will learn about the 23 IDEA and Gifted File Review Self-Assessment Questions and the criteria for demonstrating compliance on each question.
  • Participants will have the opportunity to work with their teams and review files for each self-assessment question, asking for feedback if needed.
  • Participants will leave with a variety of examples and resources to assist their district in writing compliant IEPs and correcting any non-compliance that they may find.

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Education Benefit Review Opportunity

  • In an effort to provide results-based technical assistance, KSDE is offering Administrators an exciting opportunity to work with us through the Education Benefit Review Process. 

  • If interested contact Doug Tressler or Ann Matthews.

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Norms

  • General:
    • Step up, step back
    • Listen for understanding
    • All questions are welcome

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KIAS

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Kansas Integrated Accountability System (KIAS)

KIAS is both a process for monitoring federal programs and state requirements, and an authenticated web application used as a tool to report data.

    • The Kansas Integrated Accountability System (KIAS) is KSDE's general supervision system and integrated monitoring protocol to improve outcomes for students and ensure compliance with state and federal law. This includes oversight and support of federal Title programs, federal and state special education programs, and certain state programs.

    • Some of the federal programs and state requirements monitored through KIAS include federal title programs, IDEA, Kansas Special Education for Exceptional Children Act (which includes gifted), and emergency safety intervention.

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Definition and Purpose

  • KSDE implements and oversees an integrated monitoring protocol for programs.
  • In response to general supervision oversight expectations from DOE.
  • Integrated 3-year monitoring cycle
  • Aligns with Kansas Exceptional Childrens Act (2007), IDEA (2004), ESEA (2015) general supervision requirements for student outcomes and results

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KIAS: The KSDE Web Application

  • New users must register for a new Common Authentication Login.
  • Users will be notified when access is approved.
  • Depending on the new user’s account type, after approval, they may need to be promoted (see Quick Start Guide).
  • Never share login information with anyone.

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Directory Updates

  • KIAS pulls in contact information from KSDE’s Directory Updates web application.
  • If the Directory Updates web application is not updated appropriately, you will not receive KIAS notifications!
  • Only Special Education Director receive KIAS notifications about IDEA/Gifted File Review.

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Who Should Conduct the Review?

  • Personnel who are familiar with the IEP process and how the files are organized
  • Personnel who could be included
    • Gifted facilitators or special education teachers
    • Special education/gifted coordinators
    • School psychologists
    • Administrators
    • Related services providers
    • MIS clerk
    • Principals

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KIAS: The IDEA and Gifted Requirements File Review Monitoring Process

Data Collection

Completed by all LEAs in the current Cohort (1, 2, or 3) Cohort 2 -Files completed between June 30, 2024, and July 1, 2025

Data & Compliance Verification

Completed by only LEAs reporting noncompliance and random sample of LEAs reporting 100% compliance in Data Collection phase

District & Individual Corrective Action

Completed by only LEAs who have noncompliance in Data & Compliance Verification phase

Updated Data

Incentives and Sanctions

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Timeline

  • June 5: Notice of Initial Data Collection  (SSID available in KIAS)
  • July 1- September 15: Initial Data Collection Window
  • September 20: Notice of Random District Selection
  • Sept. 20 - Oct. 2: Data Verification Window
  • Oct. 11: Notice of Potential Noncompliance
  • Oct. 10 - 24: Compliance Verification Window
  • Oct. 31: Compliance Status Letters sent
  • Nov. 3 - Dec. 2: DCAP Window
  • Nov. 3 – April 1: ICA Window
  • May 5-29: Updated Data Window
  • May 22: Correction of Noncompliance Letters sent

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Why does the LEA have more KIDS IDs than the maximum pulled?

  1. KIAS pulls the KIDS ID for any student a Kansas LEA had placed outside the state (change for 2025 – 3 files will be pulled)
    1. If a Kansas LEA determined the best placement for a student was in another state, that should lead KSDE to monitor
    2. If OSEP asked how does KSDE ensure it is providing general supervision when a Kansas LEA places a child outside of Kansas, we can respond by saying this was our highest criteria when pulling KIDS IDs for monitoring
  2. KIAS pulls the KIDS IDs for students placed in an Alternative School by a district outside of Kansas (change for 2025 – 3 files will be pulled)
    • KSDE is monitoring out of state students the LEA voluntarily enrolls. If the LEA chooses to enroll the students to receive funding for the students, they are responsible for FAPE and the monitoring that comes with that responsibility.

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Virtual Schools

  • Beginning with cohort 2 (2025-2026 SY) KIAS will pull KIDS ID for students attending a virtual school.
  • KIAS will pull 3 additional SSIDs for students enrolled in a district virtual program. These students will not count towards the limits based on the District Size Calculator but in addition to.

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Timeframe for Self-Assessment Stage- Cohort 2

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Data Verification (9/20/25-10/2/25) and Compliance Verification (10/10/25-10/24/25)

  • Any district that initially reports non-compliance can submit documentation that they have located showing they are compliant.
    • This does not include documentation showing they have corrected the non-compliance after submitting initial data collection
  • 20 districts that report 100% compliance will be randomly selected for data verification.
    • These districts will be required to submit documentation on 5-7 questions that KSDE has chosen for random data verification.
    • One IDEA and one gifted SSID will be pulled from the original SSID pull
  • A submit button will be added to both of these tabs.

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To Redact or Not to Redact? FERPA & IDEA exceptions

  • When uploading student records into the KIAS web application for Data Verification, it is not necessary to redact personally identifiable information.
  • FERPA regulations state: “An educational agency or institution may disclose personally identifiable information from an education record of a student without consent if the disclosure is to authorized representatives of state and local education authorities…. Authorized representatives of the officials or agencies may have access to education records in connection with an audit or evaluation of Federal or State supported education programs, or for the enforcement of or compliance with federal legal requirements that relate to those programs.” See 34 C.F.R. 99.31(a)(3)(iv); 99.35(a)(1)
  • IDEA regulations state: “Parental consent is not required before personally identifiable information is released to officials of participating agencies for purposes of meeting a requirement of this part.” See 34 C.F.R. 300.622(b)(1)

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IDEA & Gifted File Review Continuous Improvement Monitoring Consideration Chart: A Technical Assistance Tool for LEAs Conducting KIAS IDEA & Gifted File Reviews and/or Internal System Reviews

File Review Question

Documentation Requirements

Acceptable Practices

Question #1:

Was a copy of parent rights/procedural safeguards provided to both of the student’s parents (or legal education decision-maker) and the student (if the student is 18 or older) in all required instances and in the native language of the parents/adult student or other mode of communication used by the parents/adult student?

  • Documentation that copy of parent rights/procedural safeguards was provided to both of the student’s parents (or legal education decision-maker) when parents are living in separate households and student (if 18 or older) in ALL required instances, AND
  • Evidence that parent rights/procedural safeguards provided were written in the native language or other mode of communication used by the parents/adult student.
  • Gather documentation that one parent cannot be located.
  • Provide parent rights to both parents when parents are living in separate households; AND
  • Provide parent rights in native language or other mode of communication used by parents/adult student;
  • Offer to convene the team to reconsider the action taken by the LEA with the parent.

Question #2:

Were evaluation materials selected and administered so as to not be discriminatory on a racial or cultural basis?

  • There must be documentation to show that elimination of racial and cultural discrimination was considered when selecting and administering evaluation materials for the particular student.

 

NOTE: A checkbox or boiler plate language does not meet this requirement.

  • Document the assessment selection and administration thought process used, including how racial and cultural bias was considered for the particular student (e.g., review of relevant evidence from technical manuals and other demographic information considered by the team for this particular student) OR
  • Provide PWN and obtain parent consent and conduct non-discriminatory evaluation.

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IDEA & Gifted File Review Continuous Improvement Monitoring Consideration Chart: Reviewing files of Students who graduated

  • Helpful documentation on Graduated students is often found on the Summary of Performance (SOP)
  • A Summary of Performance (SOP) is required for a child with a disability whose eligibility under special education terminates due to graduation with a regular diploma, or due to exceeding the age of eligibility. The local education agency must provide the child with a summary of the child’s academic achievement and functional performance, which must include recommendations on how to assist the child in meeting the child’s postsecondary goals (K.S.A. 72-3428(m); 34 C.F.R. 300.305(e)(3).

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IDEA & Gifted File Review Continuous Improvement Monitoring Consideration Chart: Move-in Students and review of existing data

  • The first activity the reevaluation team is to conduct is a review of existing data. The reevaluation team needs to consider all data that is currently available including evaluations and information provided by the parents, current classroom-based, local, or State assessments, and classroom-based observations; and observations by teachers and related service providers; and the child’s response to scientifically, research-based interventions, if implemented. The review of existing data, as part of the evaluation, may be conducted without a meeting and without consent from the parents (K.A.R. 91-408(c)(d); K.A.R. 91-40-27(e); 34 C.F.R. 300.305(b); 34 C.F.R. 300.300(d)(1)).

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Questions

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Initial Data Collection

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  1. Was a copy of parent rights/procedural safeguards provided to both student’s parents (or legal education decision-maker) and the student (if the student is 18 or older) in all required instances and in the native language of the parents/adult student or other mode of communication used by the parents/adult student? 34 C.F.R. 300.504(a), (d); 34 C.F.R. 300.520(a)(1)(i); K.S.A. 72-3430(e); K.S.A. 72-3431(a)

METHOD

First, determine the native language or other mode of communication used by the parents (or legal education decision-maker) and student (if 18 years or older). 

Next, check the student’s file to determine whether a copy of parent rights/procedural safeguards was provided to both parents (or legal education decision-maker) if they do not reside in the same household and the student (if 18 or older) in all required instances and in their native language or other mode of communication. To do this, determine all instances when the provision of parent rights/procedural safeguards was required. Parent rights/procedural safeguards must be provided one time each school year AND in EACH of the following instances:

*SPECIAL NOTE: If a copy of the parent rights/procedural safeguards was not sent to both student’s parents, then the student’s file should contain documentation indicating why (e.g., one parent’s rights have been terminated or despite documented reasonable efforts to locate a parent, school staff are unable to, etc.). 

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When Are Parent Rights Given?

  • Annually
  • Upon initial referral or parent request for evaluation
  • Upon receipt of the first state complaint in a school year
  • Upon receipt of the first due process complaint in a school year
  • On the date the decision is made to subject a student with a disability (not applicable to gifted) to a disciplinary change of placement because of a violation of a code of student conduct
  • Upon request by a parent

YES

Select YES if documentation shows ALL of the following:

• A copy of parent rights/procedural safeguards was provided to both of the student’s parents (or legal education decision-maker) and student (if 18 or older) in ALL required instances.

AND

• The parent rights/procedural safeguards provided were written in the native language or other mode of communication used by the parents/adult student.

NO

Select NO if documentation DOES NOT show ALL of the following:

  • A copy of parent rights/procedural safeguards was provided to both of the student’s parents (or legal education decision-maker) and student (if 18 or older) in ALL required instances.

AND

  • The parent rights/procedural safeguards provided were written in the native language or other mode of communication used by the parents/adult student.

Kansas Special Education Process Handbook, Chapter 1, Sections B., C., H., Questions and Answers – Q.3.United States, Office of Special Education and Rehabilitative Services. 71 Federal Register 46,568 (Aug. 14, 2006).

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Process Pitfalls from Julie Weatherly (JW) Legally Defensible IEPs (CEC 2023)

Failure to properly notify parents of their rights/safeguards. Recommendations

    • A copy of the IDEA procedural safeguards must be given to parents one time per school year, generally.
    • Provide the rights at the beginning of the IEP meeting, be sure to document the date that they were provided and consider keeping a copy of the first page of the rights in the file (some districts even require parents to sign the copy indicating receipt).
    • Check for understanding on the part of the parents that the document presented is a copy of the parent rights and ask whether they would like an explanation of those rights (Note: the explanation does not have to occur at the IEP meeting). Don’t just read them to parent during the meeting. Make an appointment with someone who can explain those rights.
    • Consider the development and use of “parent friendly” versions of the rights to accompany the formal and somewhat non-user-friendly version.
    • Even if posted on the website they still need to give a physical copy to the parent one time per year.

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Acceptable Documentation Q1 

  • Documentation that the Parents (educational decision makers) live in the same household and at least one was provided Parent Rights OR
  • Evidence that the Parent Rights were presented to both parents (educational decision makers) 

OR

  • Documentation indicating why the other parent did not receive them (parent rights terminated, parent is unknown, parent location unknown)    

Additionally required:

  • Evidence that the Parent Rights were given in the native language of the parents (educational decision makers) AND
  • Evidence that the Parent Rights were delivered on all required occasions AND
  • If student 18 years old, evidence that the student also received rights in native language

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Q1 Examples

Missing Primary language

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IDEA & Gifted File Review Self-Assessment: �Evaluation and Eligibility

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Responding to Scenarios

If a school district has not conducted any initial evaluation or reevaluation for a student selected for file review because the student transferred in after their initial evaluation or the most recent reevaluation was completed by a previous district and the student’s 3-year reevaluation has not yet come due, the school district will not be held responsible for an evaluation conducted in another district.

    • Answer “Yes” to each of the evaluation/eligibility Self-Assessment questions (2 through 9)
    • Explain in the LEA Comment Box that the school district has not had the opportunity to conduct an initial evaluation or reevaluation for the student.
    • Include the date of the students most recent evaluation conducted in the previous school district and the date of the student’s transfer to the current school district.

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Responding to Scenarios - continued

If the student’s initial evaluation or most recent reevaluation was conducted by a previous district and the current school district and parent agreed that the 3-year reevaluation was not necessary (waiver) for the student when it came due, the school district will use the most recent evaluation or reevaluation to answer the self-assessment questions. Further, the district may use any other data it relied on to determine that the reevaluation was unnecessary.

A district may consider conducting a reevaluation using currently available information.  This approach may provide documentation for File Review Questions. If the team reviews the student’s file and other currently available information, and documents they considered the requirements of the File Review Questions when completing the review, then the documentation may meet File Review requirements. The reevaluation does not need to include assessments, unless otherwise indicated upon review of the student’s file and data.   

Please note a review of existing evaluation data is not a waiver of a reevaluation. See 34 C.F.R. 300.305 and K.S.A. 72-3428(i) and (k). In addition, such review of existing evaluation data alone may constitute a complete reevaluation if the IEP Team and other appropriate, qualified professionals determine, on the basis of the review and input from the parents, that no additional data are needed to establish continuing eligibility and to determine the child’s current educational needs See OSEP Letter to Redacted, Question 3, Feb. 6 2007. If the IEP team makes this determination, the parents must be provided with notification of the determination, the reasons for the determination and the right of the parents to request an assessment See 34 C.F.R. 300.305(d)(1) and K.S.A. 72-3428(k).

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2. Were the assessments and other evaluation materials used to assess the student (for an initial evaluation or reevaluation) selected and administered so as not to be discriminatory on a racial or cultural basis? 34 C.F.R. 300.304(c)(1)(i); K.A.R. 91-40-9(a)(1)(A)��METHOD: Review the education record to determine whether there is evidence that the group of people responsible for conducting the student’s most recent evaluation/reevaluation selected and administered assessments and other evaluation materials so as not to be discriminatory on a racial or cultural basis. There must be documentation to show that elimination of racial and cultural discrimination was considered when selecting and administering evaluation materials. This information could be found in assessment technical manuals, a prior written notice form, an evaluation/eligibility report, teacher/provider notes, or other documentation in the education record. Staff who conduct assessments could cite relevant information from the assessment technical manual, or refer to that information in professional notes, or provide some other type of documentation about how those findings were taken into consideration.

YES

Select YES if documentation shows that the assessments and other evaluation materials used to assess the student, for the initial evaluation or most recent reevaluation, were selected and administered so as not to be discriminatory on a racial or cultural basis.

NO

Select NO if documentation DOES NOT show that the assessments and other evaluation materials used to assess the student, for the initial evaluation or most recent reevaluation, were selected and administered so as not to be discriminatory on a racial or cultural basis.

Kansas Special Education Process Handbook, Chapter 3, Section E.1. and Questions and Answers Section, Q&A 5.; Chapter 7, Section E.

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Acceptable Documentation Q2

  • Documentation indicating how potential cultural and racial discrimination was addressed for a particular student when selecting and administering evaluation materials. This documentation could be found in PWN for evaluation consent, MDT report, case notes for planning the evaluation, PWN for placement, or other places in the educational records. 

Evaluation teams need to consider potential racial or cultural bias in relation to the student’s similar peers, so that it is clear what the needs are due to the presence of the exceptionality and what are needs due to the student’s difference in racial or cultural circumstances….(IDEA & Gifted Requirements File Review:  Frequently Asked Questions)

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Question prompt

How were the assessments and other evaluation materials used to assess the student (for an initial evaluation or reevaluation) selected and administered so as not to be discriminatory on a racial or cultural basis? 

 ….XXX was assessed in her native language, which is YYY. The standardized assessment ZZZ was selected as part of this evaluation and was determined to be nondiscriminatory on a racial and cultural basis for this student based on professional understanding of the assessment and bias mitigation as noted in the ZZZ technical manual ...Multiple measures were used to mitigate the impact of bias in this evaluation and will be further described in this report. Any limitations that may exist and result in bias due to racial or cultural factors were reviewed and considered as part of this evaluation and determined to not be a significant factor in current eligibility determination. 

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Compliant District Examples Q2

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Compliant District Example Q2

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Minimally Approved District Example Cohort 2

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District Example

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Sample Process For Question 2: �What might this process look like in evaluation/reevaluation?

Step 1:  MDT gathers and documents information regarding student's demographics and background as part of evaluation/reevaluation process.

Demographic information includes relevant information about the student's racial and cultural characteristics, native language, KELPA scores and language proficiency levels (if not a native English speaker), school attendance/moves,  etc. 

Step 2:  MDT reviews the student's demographic information and background and considers how team will address potential cultural and racial bias in the evaluation/reevaluation process.  (E.g., team considers specifically how they will select and administer assessments and evaluation materials for this student, in light of this student’s demographics.) �

Step 3:  MDT documents how the team will use/did use the student's demographic information to guide the selection and administration of assessments and tools to ensure non-biased evaluation. This documentation of approach should be included in the education record (e.g., PWN for evaluation consent, evaluation/reevaluation report, case notes for planning the evaluation, PWN for placement, or other places in the student's record).  

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Examples for Question 2

Because the technical manuals for nationally normed tests showed group mean differences for this student’s racial/cultural group, it was decided to conduct the initial evaluation using non-verbal culture-free tests…

Because the professional literature regarding nationally normed tests (or because the district's placement data) show biased outcomes for this student’s racial/cultural group, it was decided to conduct the initial evaluation using authentic assessment practices…

Because of the impact of this student’s cultural background on opportunities for prior learning, it was decided to conduct the initial evaluation using a Response to Intervention (RTI) approach…

OR

The multidisciplinary team members considered the student's demographics in selecting and 

administering the evaluation assessments and materials. Because this student’s racial/cultural background (as described previously in this report) is the same as the majority of the population on which these cognitive and academic assessments were normed, the battery of tests selected should not result in a biased evaluation.

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3. Were the assessments and other evaluation materials used to assess the student (for an initial evaluation or reevaluation) provided and administered in the student’s native language or other mode of communication? 34 C.F.R. 300.304(c)(1)(ii); K.A.R. 91-40-9(a)(1)(B) ��METHOD: First, review the education record to determine the student’s native language or other mode of communication. Next, review the education record to determine whether the assessments and other evaluation materials used for the student’s most recent evaluation or reevaluation were provided and administered in the student’s native language or other mode of communication. If the assessments and other evaluation materials were not provided and administered in the native language or other mode of communication, review the education record for information showing that it was clearly not feasible to do so. This information could be found in a prior written notice form, an evaluation/eligibility report, teacher/provider notes, or other documentation in the education record.

YES

Select YES if documentation shows that the assessments and other evaluation materials used to assess the student, for the initial evaluation or most recent reevaluation, were provided and administered in the student’s native language or other mode of communication.

OR

Select YES if documentation shows that it was clearly not feasible to provide or administer the assessments and other evaluation materials in the student’s native language or other mode of communication

NO

Select NO if documentation DOES NOT show that the assessments and other evaluation materials used to assess the student, for the initial evaluation or most recent reevaluation, were provided and administered in the student’s native language or other mode of communication.

KSDE Special Education Process Handbook, Chapter 3, Section and E.1, Chapter 7, Section E.

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Past findings

  • Evaluations conducted entirely in English for students whose primary mode of communication or preferred/native/home language is described in the MDT report or elsewhere as “non-English”
  • Lack of consistency between what is described in the MDT and what is listed in the IEP as student’s language
    • Such as "parent reported student' language is X language on enrollment form and indicates that student speaks primarily Vietnamese  in the home.
  • For students in ELL programs, scores/proficiency on KELPA and other measures of the student’s English proficiency not included as part of the MDT report
    • Currently, student is proficient in English per KELPA score of X obtained on x date, and student was exited from ELL program due to proficiency on X date...Student interview indicates that student reports he is most comfortable speaking and reading English at school at this time. Teachers report that in class, student ..."

  • ELL teacher typically is NOT present at the IEP team meetings (KSDE recommends ELL teachers attend).

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Approved District Example from Cohort 2

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Examples of documentation for Q3

  • If assessments are available in the student’s native language: The student’s primary language is Spanish and the student’s second language is English. The student’s competency in both languages will be assessed. Also, the student’s cognitive skills will be assessed in both Spanish and English (for example, using the WISC-V Spanish and the WISC-V in English). In addition, the student’s academic skills will be assessed in both languages (for example, using DIBELS and IDEL or the Woodcock-Johnson IV and the Bateria IV). Additional non-verbal measures will also be administered.

  • If assessments are not available in the student’s native language: The student’s primary language is Russian and the student’s second language is English. Evaluation of his English skills show that he is fluent in English. His parents speak only Russian, and the student often translates for his parents when shopping or using professional services. He began learning English prior to starting kindergarten from an older brother and took English classes as soon as starting school in Russia, before the family’s move to the U.S. The evaluation of his high ability will be accomplished through a combination of formal and informal assessment in English. Test interpretation will emphasize the non-verbal components of cognitive tests to limit the possible negative impact of language acquisition. Similarly, academic test interpretation will emphasize the areas least impacted by language acquisition, which are also observed to be his areas of strength in the classroom setting.

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Definitions

  • Native Language - In most cases, the term native language refers to the language that a person acquires in early childhood because it is spoken in the family and/or it is the language of the region where the child lives.
  • Preferred Language - The language most preferred for communication.
  • Primary Language- Primary language is the language that someone uses most frequently to communicate with. It is the language a person uses in most situations. For many people, their primary language is their first language, but for others their primary language might be their second language.
  • Home Language - A home language is a language (or the variety of a language) that is most commonly spoken by the members of a family for everyday interactions at home.

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Breakout Discussion�and Question

25 minutes

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4. During the most recent evaluation or reevaluation of the student, was the student assessed in ALL areas related to the suspected exceptionality, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities? 34 C.F.R. 300.304(c)(4); K.A.R. 91-40-9(b)(1)(A)-(H)��METHOD: First, review the education record to determine the student’s suspected needs and areas of concern that were observed or contemplated at the time of the referral for evaluation or reevaluation. This information could be found in communications or information provided by the parent, teacher notes and observations, Student Intervention Team (SIT) notes/documents, discipline records, emergency safety intervention (ESI) records, health and vision screenings, etc. Next, review the education record to determine whether the evaluation assessed the student in ALL suspected needs and areas of concern that were observed or contemplated at the time of the referral for evaluation or reevaluation, whether or not commonly linked to the disability category in which the child has been classified. If ALL areas were not assessed, review the education record for information showing which areas were selected and why those not selected were not assessed. This information could be found in a prior written notice form, an evaluation/eligibility report, teacher/provider notes, or other documentation in the education record.

YES

Select YES if documentation shows that during the most recent evaluation or reevaluation, the student was assessed in ALL areas related to the suspected exceptionality, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities.

NO

Select NO if documentation DOES NOT show that during the most recent evaluation or reevaluation, the student was assessed in ALL areas related to the suspected exceptionality, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities.

SPECIAL NOTE: The list of areas in the question (health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities) is not an exhaustive list of areas that must be assessed. Decisions regarding the areas to be assessed are determined by the suspected needs of the child.

Kansas Special Education Process Handbook, Chapter 3, Section E.1.; Chapter 7, Section E.

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5. If the school required the parent to obtain a medical diagnosis as part of the evaluation or re-evaluation, did the public agency pay for it? 34 C.F.R. 300.17(a), 300.34(c)(5); K.A.R. 91-40-1(z)(1), 91-40-1(nn)��METHOD: First review the education record for documentation indicating whether the parent was required to obtain a medical diagnosis for the student as part of the evaluation or re-evaluation. If documentation shows that a medical diagnosis was required, review the education record for documentation that the public agency paid for the medical diagnosis or reimbursed the parent for the cost of obtaining the medical diagnosis.

YES

Select YES if documentation shows that the parent was required to obtain a medical diagnosis AND the public agency paid for it.

NO

Select NO if documentation shows that the parent was required to obtain a medical diagnosis and the public agency did NOT pay for it.

N/A

N/A Select N/A if documentation shows:

• This is a file for a gifted-only student.

OR

• The public agency did not require the parent to obtain a medical diagnosis for the student as part of the evaluation or re-evaluation.

SPECIAL NOTE: A medical diagnosis may be considered as supporting information. However, a diagnosis is not required by law, nor necessarily determinative, in eligibility decisions. If the parent elected to unilaterally obtain a medical diagnosis at any time, the public agency is not required to reimburse the parent.

Kansas Special Education Process Handbook, Chapter 3, Questions and Answers Section, Q. 13. Kansas State Department of Education Eligibility Indicators

.

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6. Upon completing the most recent evaluation or reevaluation of the student, did a team of qualified professionals AND the parent determine whether the student is a student with an exceptionality? 34 C.F.R. 300.306(a)(1); K.S.A. 72-3428(e)(1)��METHOD: Review the education record for documentation indicating who was included as part of the group responsible for determining the student’s initial or continued eligibility. This information could be found in the evaluation/eligibility report, a meeting attendance record, meeting notes, etc. Note that K.A.R. 91-40-10(a)(2) requires each member of the team of qualified professionals (but not the parent) to certify in writing whether the evaluation report reflects the team member’s conclusion; this certification document would serve as evidence of who was on the team. Documentation must show that all professionals on the team provided input and contributed to the decision. For evidence of the parent’s involvement in the eligibility determination, look for documentation that they had the opportunity to provide input in the preparation of the evaluation report and at the eligibility meeting.

YES

Select YES if documentation shows that the most recent (initial or continued) eligibility determination was made by ALL of the following:

• A team of qualified professionals

AND

• The parent

NO

Select NO if documentation DOES NOT show that the most recent (initial or continued) eligibility determination was made by ALL of the following:

• A team of qualified professionals

AND

• The parent

SPECIAL NOTE: A team of qualified professionals – refer to pg 40 of the Process Handbook for definition of “Evaluation Team” member

Kansas Special Education Process Handbook, Chapter 3, Sections C. and F.; Chapter 7, Sections D. and F.

.

N/A

Select N/A if documentation shows:

File is for a student that is suspected to have a specific learning disability.

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Question 7

7. If the student was suspected to have a specific learning disability, did the group responsible for determining (initial or continued) eligibility include ALL of the following?: 34 C.F.R. 300.308; K.A.R. 91-40-11(a)��• The student’s parents; and�• The student’s regular teacher; or if the student does not have a regular teacher, a regular classroom teacher qualified to teach a student of his or her age; or for a child of less than school age, an individual qualified by the SEA to teach a child of his or her age; and�• At least one person qualified to conduct individual diagnostic examinations of children, such as school psychologist, speech-language pathologist, or reading specialist

METHOD: First, review the education record to determine if the student was suspected to have a specific learning disability when the evaluation or reevaluation was conducted. This information could be found in a parent’s or teacher’s/provider’s referral, Student Intervention Team (SIT) notes/documents, a prior written notice form, an evaluation/eligibility report, the IEP, etc. Next, review the education record for documentation indicating who was included as part of the group responsible for determining the student’s initial or continued eligibility. This information could be found in the evaluation/eligibility report, a meeting attendance record, meeting notes, etc. Note that K.A.R. 91-40-10(a)(2) requires each member of the team of qualified professionals (but not the parent) to certify in writing whether the evaluation report reflects the team member’s conclusion; this certification document would serve as evidence of who was on the team. For evidence of the parent’s involvement in the eligibility determination, look for documentation that they had the opportunity to provide input in the preparation of the evaluation report and at the eligibility meeting.

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Question 7 Continued

YES 

Select YES if documentation shows that the group responsible for determining initial or continued eligibility included ALL of the following: 

• The student’s parents; 

AND 

• The student’s regular teacher, or if the student does not have a regular teacher, a regular classroom teacher qualified to teach a student of his or her age, or for a child of less than school age, an individual qualified by the SEA to teach a child of his or her age; 

AND

 • At least one person qualified to conduct individual diagnostic examinations of children, such as school psychologist, speech-language pathologist, or remedial reading teacher.

NO

Select NO if documentation DOES NOT show that the group responsible for determining initial or continued eligibility included ALL of the following:

• The student’s parents;

AND

• The student’s regular teacher, or if the student does not have a regular teacher, a regular classroom teacher qualified to teach a student of his or her age, or for a child of less than school age, an individual qualified by the SEA to teach a child of his or her age;

AND

• At least one person qualified to conduct individual diagnostic examinations of children, such as a school psychologist, speech-language pathologist, or remedial reading teacher.

N/A

Select N/A if documentation shows:

• This is a file for a gifted-only student.

OR

• This is a file for a student who was not suspected to have a specific learning disability.

Kansas Special Education Process Handbook, Chapter 3, Sections C. and F (pg 40-41)., Chapter 7, Sections D. and F..

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8. When interpreting evaluation data to determine if the student is or continues to be a student with an exceptionality and the educational needs of the student, did the team of qualified professionals and the parent draw upon, document, and carefully consider information from a variety of sources including aptitude and achievement tests, parent input, teacher recommendations, physical condition, social or cultural background, and adaptive behavior? 34 C.F.R. 300.306(c)(1)(i)-(ii); K.A.R. 91-40-10(d)(1)-(2)��METHOD: Review the evaluation/eligibility report, team meeting notes, prior written notice forms, and other documentation in the education record to determine if the team and the parent drew upon, documented, and carefully considered information from a variety of sources when determining eligibility and the educational needs of the student. A checklist of these sources alone would not be sufficient to show that the information was carefully considered and documented.

YES

Select YES if documentation shows that when determining initial or continued eligibility and the educational needs of the student, the team of qualified professionals and the parent drew upon, documented, and carefully considered information from a variety of sources.

NO

Select NO if documentation DOES NOT show that when determining initial or continued eligibility and the educational needs of the student, the team of qualified professionals and the parent drew upon, documented, and carefully considered information from a variety of sources.

Kansas Special Education Process Handbook, Chapter 3, Section E.1.; Chapter 7, Section E.

.

SPECIAL NOTE: The list of sources in the question (aptitude and achievement tests, parent input, teacher recommendations, physical condition, social or cultural background, and adaptive behavior) is not an exhaustive list of sources that must be drawn upon, documented and carefully considered. The point of 34 C.F.R. 300.306(c)(1)(i)-(ii) and K.A.R. 91-40-10(d)(1)-(2) is to ensure that more than one source is used in interpreting evaluation data and making these determinations, and although these regulations include a list of examples of sources that may be used, the public agency would not have to use all the sources in every instance. 64 Federal Register 12,636 (Mar. 12, 1999).

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9. Did the group responsible for determining the student’s (initial or continued) eligibility ensure that NONE of the following were the determinant factor? 34 C.F.R. 300.306(b)(1)(i)-(iii); K.A.R. 91-40-10(c)��• Lack of appropriate instruction in reading, including the essential components of reading instruction (as defined in section 1208(3) of the ESEA as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act (December 9, 2015)); or�     o “The term ‘essential components of reading instruction’ means explicit and systematic instruction in-- (A) Phonemic awareness; (B) Phonics; (C) Vocabulary development; (D) Reading fluency, including oral reading skills; and (E) Reading comprehension strategies” Federal Register, Vol. 71, August 14, 2006, p.46646.��• Lack of appropriate instruction in math; or�• Limited English proficiency��METHOD: Review the evaluation/eligibility report to determine whether the team and the parent examined ALL of these exclusionary factors before determining the student is or continues to be a student with an exceptionality.

YES

Select YES if documentation shows that NONE of the following were a determinant factor when determining the student’s initial or continued eligibility:

• Lack of appropriate instruction in reading including explicit and systematic instruction in phonemic awareness, phonics, vocabulary development, reading fluency, oral reading skills, and reading comprehension strategies.

OR

• Lack of appropriate instruction in math.

OR

• Limited English proficiency.

Select YES if student is gifted only.

NO

Select NO if documentation DOES NOT show that NONE of the following were a determinant factor when determining the student’s initial or continued eligibility:

• Lack of appropriate instruction in reading including explicit and systematic instruction in phonemic awareness, phonics, vocabulary development, reading fluency, oral reading skills, and reading comprehension strategies.

OR

• Lack of appropriate instruction in math.

OR

• Limited English proficiency.

Kansas Special Education Process Handbook, Chapter 3, Section F.1.(a)-(b); Chapter 7, Section F.

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Q 9-did the group responsible for determining the student’s (initial or continued) eligibility ensure that NONE of the following were DETERMINANT factor?

These factors are sometimes referred to simply as “exclusionary factors”.

  • The multidisciplinary evaluation team, including the parent, must consider these factors for any area of exceptionality, including gifted.
  • This does not mean the team must conclude the absence of exclusionary factors. Rather, the team must determine the degree to which each factor affects the student’s performance. The fundamental question is whether the poor performance (or the need for advanced instruction through special education in the case of gifted service) is primarily the result of any of these factors.
  • There are additional factors that must be considered and documented for a specific learning disability as described in the Eligibility Indicator document found on the KSDE website

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Q9 Examples

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Q9 Strategies

  1. Eligibility document includes the consideration of the exclusionary factors.
  2. Re-evaluation on existing data report includes the consideration of the exclusionary factors.

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Breakout Discussion�and Question

25 minutes

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Lunch

11:30-12:30

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IDEA & Gifted File Review Self-Assessment: IEP Development, Revision, & Review�

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IEP content pitfalls- PLAAFPs (JW)

Failure to Ensure the Gathering of Sufficient and Current Evaluative Data

    • Making IEP recommendations based upon inappropriate evaluative data can result in a finding of a denial of FAPE, in and of itself. When there’s debate, evaluate!
    • Prior to an IEP meeting, be sure that staff has obtained all updated achievement and/or other evaluative data (formal and informal) necessary to define present levels of performance.
    • Prepare for IEP meetings by asking all service providers (and parents) whether they believe that any evaluations might need to be suggested and considered at the upcoming IEP meeting, particularly if the student is not progressing as expected, needs have changed, etc. (they don’t have to be formal evaluations)
    • If sufficient and current evaluative data are not available, ask for/insist upon the right to conduct evaluations/re-evaluations or to collect more data. If the parents refuse to allow an evaluation or re-evaluation, be sure to document that refusal. Kansas does not allow teams to move forward on an re-evaluation if parents fail to respond (refer to the Process Handbook)

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IEP content pitfalls - PLAAFPs(cont.)

Failure to include appropriate/meaningful student profile and present levels statements.

    • The description of a student’s present levels of performance is a very important piece of the IEP and vital to measuring progress.
    • Make sure that the IEP team uses up-to-date information, rather than old or “recycled” information. A new service provider should be able to review a student’s IEP and have a good overall feel for the student’s educational challenges, strengths, and current levels of academic and functional performance (i.e., stranger test).
    • Remember that the student profile/Present levels statement is a link to the rest of the IEP content and that the strengths and challenges set forth are to be considered when determining and prioritizing goal areas and proposed services.

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PLAAFP Example

In January 2019, G.H. was identified as a student with a learning disability in the area of math calculation. Current data, indicate that G.H. continues to need specially designed instruction in the areas of math calculation to benefit from grade level math curriculum. On recent standardized math benchmark tests conducted in January 2022, G.H. scored at the 9th percentile, which is well below average. On three standardized measures of mixed-math fact fluency administered on 2/7 and 2/8, G.H. accurately recalled, on average, 18 facts compared with grade-level expectations of 75 facts in 2 minutes. Specifically, G.H. recalled about three multiplication mixed facts (0–9), 15 addition facts (0–9), and 0 division and subtraction facts (0–9) in the 2 minutes. This affects his ability to complete sixth-grade math assignments at the same rate as his peers and efficiently use mental math calculation skills to complete word problems. To complete grade-level math assignments, G.H. currently benefits from shortened assignments, peer support, and the use of a calculator. Increasing his math fact proficiency would increase his ability to independently access and benefit from grade-level math instruction. Review of current intervention implementation data suggests that G.H. benefits from daily direct one-on-one instruction distributed across the school day. G.H. would like to graduate with his peers and attend college.

  1. Student Needs
  2. Effect on Progress in General Education
  3. Baseline
  4. Connection to Goals and Services

example taken from the recent Prepping for Progress 2023 Conference on the ABC’s of IEPs

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Sample PLAAFP Statement Structure

Data from (sample source) indicates Student (performs in this way (objective data)) which affects (must include impact on involvement and progress in the general education curriculum). As a result, the student needs (justifies proposed services and supports).

example taken from the recent Prepping for Progress 2023 Conference on the ABC’s of IEPs

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Connecting the PLAAFP to the Parts of the IEP

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PLAAFP

Annual Goals

Measuring Progress Toward Annual Goals

Date, Frequency, Duration, and Location of Services

Statement of Special Education and Aids and Services

Participation Outside Regular Education and in State and Districtwide Assessments

“There should be a direct relationship between the present levels of performance and the other components of the IEP. Thus, if the statement describes a problem with the child’s reading level and points to a deficiency in reading skills, the problem should be addressed under both goals and specific special education and related services provided to the child.” [U.S. Department of Education, Code of Federal Regulations, 1999, Appendix C, Question 36. emphasis added]

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10. Does the IEP include a description of the student’s present level of academic achievement as part of the Present Levels of Academic Achievement and Functional Performance (PLAAFPs)? 34 C.F.R. 300.320(a)(1); K.S.A. 72-3429(c)(1)��METHOD: Review the IEP to determine if it includes information about the student’s current academic achievement.

Examples of What Current Performance Could Include:

Standardized Assessments

Instructional Preferences

Screening Data

Learning Rate & Strengths

Progress Monitoring Data

Diagnostic Assessments

Writing rubric

Results of recent re-evaluation

YES

Select YES if the IEP includes a description of the student’s current level of academic achievement.

NO

Select NO if the IEP DOES NOT include a description of the student’s current level of academic achievement.

Kansas Special Education Process Handbook, Chapter 4, Section E.2.a..

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Example of Current Academic Achievement and Functional Performance

  • Jeremiah is a 9-year-old fourth grade student with average ability, whose achievement testing shows relative strength in reading and weakness in math. Jeremiah is reading at grade level and has good comprehension. He likes to read, and he also enjoys science activities. His most recent Curriculum Based Measurement (CBM) testing showed that he read 111 words per minute, which is at the 65th percentile on local norms. Math CBM testing showed that he scored 9 digits correct in a two-minute timing, which is at the 17 percentile on district fourth grade norms. Mom reports that he brings home assignments requiring reading, but he forgets his math homework. 
  • In his general education 8th grade math classroom, Mike is currently turning in about half of his assignments, and only about a third of those assignments are completed. Accuracy of his turned-in work fluctuates markedly. Because of his poor assignment completion, Mike received a mid-quarter failing warning letter. Mike’s completion of assignments in other curricular areas is not a concern.  

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11. Does the IEP include a description of the student’s present level of functional performance as part of the PLAAFPs? 34 C.F.R. 300.320(a)(1); K.S.A. 72-3429(c)(1)��METHOD: Review the IEP to determine if it includes information about the student’s current functional performance. If there are no current concerns about functional performance, the IEP must include a statement that functional performance was considered.

Examples of What Functional Performance Could Include:

Social/Emotional Skills

Motor Skills/Mobility

Communication

Memory

Perception or Attention Abilities

Vocational/Career Interests

Task Persistence/Completion

Independent Living Skills

YES

Select YES if the IEP includes a description of the student’s current level of functional performance or a statement that functional performance was considered and there are no current concerns.

NO

Select NO if the IEP DOES NOT include a description of the student’s current level of functional performance or a statement that functional performance was considered and there are no current concerns.

Kansas Special Education Process Handbook, Chapter 4, Section E.2.a.

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What might functional performance include for Gifted-Only IEP?

The IEP Boot Camp for Gifted (on the TASN website) provides these examples of functional performance in the slides:

  • Social/emotional Issues
  • Social skills with peers (e.g.: can the student work with a group in the classroom to complete a project?)
  • Career interests and skills related to those interests
  • Task persistence
  • Memory issues
  • Communication with adults and peers
  • Impact of perceptual or attention issues
  • Time management (e.g., turning projects in on time)
  • And parent concerns

The handout for IEP Boot Camp for Gifted lists the following examples on page 4:

Examples of information related to Functional Performance

  • Observation reporting student’s task persistence across domains/environments
  • Observation of student’s interaction with peers during classroom group project
  • Teacher report regarding student’s time management (e.g., rate of turning in projects on time)
  • Observation shows ability to concentrate intensely
  • Reports of student’s ability or willingness to communicate with adults or peers
  • Emotional issues (e.g., perfectionism, frustration, feeling different, etc.)
  • Score on problem-solving rubric
  • Interview indicates interest in social/political issues
  • Participation in community activities
  • Results of Career Cruising (or other general education career inventory)

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12. Does the IEP describe how the student’s disability or giftedness affects the student’s involvement and progress in the general education curriculum as part of the PLAAFPs? For preschool children, as appropriate, does the IEP describe how the disability affects the child’s participation in appropriate activities as part of the PLAAFPs? 34 C.F.R. 300.320(a)(1)(i); K.S.A. 72-3429(c)(1)(A)-(B)��METHOD: Review the IEP for a specific description of how the student’s disability or giftedness affects the student’s involvement and progress in the general curriculum. For preschool children, review the IEP for a description of how the disability affects the child’s participation in appropriate activities.

YES

Select YES if the IEP includes a specific description of how the student’s disability or giftedness affects the student's involvement and progress in the general curriculum.

For preschool children, select YES if the IEP describes how the disability affects the child’s participation in appropriate activities.

NO

Select NO if the IEP DOES NOT include a specific description of how the student’s disability or giftedness affects the student's involvement and progress in the general curriculum.

For preschool children, select NO if the IEP DOES NOT describe how the disability affects the child’s participation in appropriate activities.

Kansas Special Education Process Handbook, Chapter 4, Section E.2.a..

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Examples of What Impact of Exceptionality Could Look Like:

  • Instructional Level
  • Reading Level
  • Effect of Processing Ability
  • Impact of Cognitive Ability
  • Rate of Progress with Supports
  • Birth-6 Curriculum Measures
  • Routines-Based Assessments
  • Supports Needed For Growth
  • Performance on Classroom Quizzes or Tests
  • Behavioral Impacts on Learning
  • Current Performance vs Past Performance
  • Match of Skills to Post-School Outcomes
  • Impact of Language for ESOL Students
  • Ability to Engage in Joint Attention

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Impact of Exceptionality

  • Stephanie, a third grader, when given a sixth grade-level mixed math operations probe that includes fractions, decimals, and percents, is able to correctly solve 87% of all problems presented. This means that Stephanie is approximately 3 years ahead of her typical third grade peers in math calculation. In areas of math other than calculation, Stephanie has mastered most of the fourth grade, but very few of the fifth-grade math standards. She is not yet able to solve one-step equations with one variable and she is not yet able to use function tables to model algebraic relationships. She has learned to make one, but not two transformations in the area of geometry. In probability, she has not yet learned how to use fractions to represent the probability of an event. 
  • Jose’s current academic levels are at grade level in the language arts area, but he is extremely high in the area of math.  Although he is in 6th grade, he has already mastered the 7th and 8th grade math outcomes.  In order to progress in the math curriculum, he needs to enroll in the ninth-grade algebra class.

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13. Are all of the annual goals in the IEP designed to meet the student’s needs that result from the student’s disability or giftedness, to enable the student to be involved in and make progress in the general education or advanced curriculum? 34 C.F.R. 300.320(a)(2)(i)(A); K.S.A. 72-3429(c)(2)(A)��METHOD: First review the PLAAFP section of the IEP for information about the student’s needs and how the student’s exceptionality affects involvement and progress in the general education curriculum. Then review all of the annual goals in the IEP. Determine if each of the annual goals is related to meeting the student’s needs that result from the student’s exceptionality, to enable the student to be involved and progress in the general or advanced curriculum. There should be a direct relationship between the annual goal and the needs identified in the PLAAFPs.

YES

Select YES if EVERY annual goal in the IEP is designed to meet the student’s needs that result from the student’s disability or giftedness, to enable the student to be involved in and make progress in the general education or advanced curriculum.

NO

Select NO if:

• The IEP DOES NOT contain at least one annual goal.

OR

• One or more of the annual goals in the IEP is/are NOT designed to meet the student’s needs that result from the student’s disability or giftedness, to enable the student to be involved in and make progress in the general education or advanced curriculum.

SPECIAL NOTE: Students who take the alternate assessment must have annual goals that enable them to be involved in and make appropriate progress in the general education curriculum. Any separate curriculum is supplementary, not an alternate to Tier 1 grade-aligned standards-based instruction. Alternate achievement standards are performance standards that align to the general education content standards at a reduced depth, breadth, and complexity.

Kansas Special Education Process Handbook, Chapter 4, Section E.2.b.

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Questions

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14. Are all of the annual goals in the IEP measurable? 34 C.F.R. 300.320(a)(2)(i); K.S.A. 72-3429(c)(2)��METHOD: Review all of the annual goals in the IEP. Determine if each of the annual goals is measurable. Read about the four critical components of a well-written goal in the Kansas Special Education Process Handbook, Chapter 4, Section E.2.b.

A Measurable Annual Goal Includes:

Behavior: Identify the performance to be measured.

Condition: Specify how progress will be measured.

Criteria: Determine to what level the behavior must occur.

Timeframe: Specify time required to attain the criterion.

YES

Select YES if EVERY annual goal in the IEP is measurable.

  • Timeline
  • Behavior
  • Criteria
  • Condition

NO

Select NO if:

• The IEP DOES NOT contain at least one annual goal.

OR

• One or more of the annual goals in the IEP is/are NOT measurable.

Kansas Special Education Process Handbook, Chapter 4, Section E.2.b..

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General goal reminders

  • Every IEP has to have at least 1 goal.
  • The goal is about what improvement you expect the student to make, even if the only service being provided is consultation.
  • All goals must be measurable (File Review Q14). If a measurable annual goal is written correctly with the 4 components (behavior, criteria, condition and timeframe), the requirement of how progress toward the goal is measured is contained within the goal and no additional information is required.
  • You must have a baseline for the goal to judge if the criteria is appropriate and if the student is making progress.
  • The goal, the baseline, and the progress reports must use the same method of measuring the student’s performance.
  • Make sure you are clear who is doing progress monitoring of the goal and reporting to parents as per frequency indicated within the IEP

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Kansas Special Education Process Handbook Guidance (Chapter 4)

Measurable Annual Goals Measurable annual goals are descriptions of what a child can reasonably be expected to accomplish within a 12- month period with the provision of special education (specially designed instruction) and related services.

Measurable annual goals must be related to meeting the child’s needs that result from the child’s exceptionality, to enable the child to be involved and progress in the general or advanced curriculum. In addition, they must meet each of the child’s other educational needs that result from the child’s exceptionality (K.S.A. 72-3429(c)(2))

There is a direct relationship between the measurable annual goal, baseline data, and the needs identified in the PLAAFPs. Because the PLAAFPs are baseline data for the development of measurable annual goals, the same criteria used in establishing the PLAAFPs must also be used in setting the annual goal.

Four critical components of a well-written goal are:

Timeframe is usually specified in the number of weeks or a certain date for completion. A year is the maximum allowed length for the timeframe. * In 36 instructional weeks… * By November 19, 2018… * By the end of the 2018–19 school year…

Conditions specify the manner in which progress toward the goal is measured. Conditions are dependent on the behavior being measured and involve the application of skills or knowledge. * When presented with 2nd-grade-level text… * Given a mixed, 4th-grade-level math calculation probe… * Given a story prompt and 30 minutes to write… * When given a directive…

Behavior clearly identifies the performance that is being monitored, usually reflects an action or can be directly observed, and is measurable. * Sarah will read… * Claude will correctly solve… * Mary will score… * Rex will follow a one-step direction

Criterion identifies how much, how often, or to what standards the behavior must occur in order to demonstrate that the goal has been reached. The goal criterion specifies the amount of growth the child is expected to make by the end of the annual goal period. * 96 words per minute with 5 or fewer errors. * 85% or more correct for all problems presented. * 4 or better when graded according to the 6-trait writing rubric. *Within one minute without help, 3 times a day, for 2 weeks

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SMART

Practical Progress Monitoring Strategies for Efficient Data Collection and Reporting (CEC 2023)

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Example Q14

  • Timeframe is usually specified in the number of weeks or a certain date for completion. A year is the maximum allowed length for the timeframe.
    • In 36 instructional weeks…
    • By November 19, 2018…
    • By the end of the 2018–19 school year… 
  • Conditions specify the manner in which progress toward the goal is measured. Conditions are dependent on the behavior being measured and involve the application of skills or knowledge. 
    • When presented with 2nd-grade-level text…
    • Given a mixed, 4th-grade-level math calculation probe…
    • Given a story prompt and 30 minutes to write…
    • When given a directive… 

  • Behavior clearly identifies the performance that is being monitored, usually reflects an action or can be directly observed, and is measurable. 
    • Sarah will read… 
    • Claude will correctly solve… 
    • Mary will score… 
    • Rex will follow a one-step direction 
  • Criterion identifies how much, how often, or to what standards the behavior must occur in order to demonstrate that the goal has been reached. The goal criterion specifies the amount of growth the child is expected to make by the end of the annual goal period. 
    • 96 words per minute with 5 or fewer errors. 
    • 85% or more correct for all problems presented. 
    • 4 or better when graded according to the 6-trait writing rubric. 
    • Within one minute without help, 3 times a day, for 2 weeks.

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Example Q14: Gifted Goals

  • In 18 instructional weeks, when assigned a research topic, Yolanda will conduct a research project and create a Power point presentation of her research, scoring 20/20 points on a research rubric (see attached research rubric). 
  • By November 22, 2022, given a 3rd grade level literary text, Sally will correctly summarize the plot, including the major conflict and 3 events related to the conflict.

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Content Pitfall – Failure to Include Appropriate and Measurable Annual Goals (JW)- Recommendations

  • Where IEP goals area not measurable, the IEP is subject to substantive attack. In addition, it is difficult to demonstrate appropriate progress necessary to show the provision of FAPE.
  • Remember that when writing a goal, ask “what can she do now and what do we reasonably expect for her to be able to do a school year from now?”
  • When developing a goal, give considerable thought to how progress on the annual goal should and will be evaluated.
  • If data does not exist or cannot be generated to support stated progress on an Annual Goal and Progress Report, question whether the goal is measurable.
  • Do Not recycle IEP goals that have not proved successful for the student. In the Endrew F case many goals were repeated year to year showing that student wasn’t making progress in light of the student’s circumstances.
  • Ensure that there is a “rational” and “cogent” plan in place for accurately monitoring and measuring progress on the goals and for providing those Annual Goal Progress Reports!

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15. Was the student’s progress toward meeting each annual IEP goal measured and reported using the method and frequency described in the IEP? 34 C.F.R. 300.320(a)(3); K.S.A. 72-3429(c)(3)��METHOD: First, review the IEP to determine if the IEP includes a description of how the student’s progress toward meeting each of the annual goals will be measured. This information could be contained within each goal or in a separate section of the IEP. Next, review the IEP to determine if the IEP includes a description of when periodic reports on the progress the student is making toward meeting each of the annual goals will be provided. Finally, compare these descriptions in the IEP to progress reports in the education record to determine if there is documentation to show a) the student’s progress toward meeting each annual IEP goal was measured as described in the IEP, and b) periodic reports on the progress were provided to the parents (or legal education decision-maker) at the times/intervals required by the IEP.

YES

Select YES if documentation shows ALL of the following:

The IEP includes a description of how the student’s progress toward meeting EACH annual IEP goal will be measured.

AND

The IEP includes a description of when periodic reports on the progress the student is making toward meeting each of the annual goals will be provided.

AND

The goal, the baseline, and the progress reports used the same method of measuring the student’s performance.

AND

Progress was reported to the parent (or education decision-maker) according to the frequency/intervals described in the IEP.

NO

Select NO if documentation DOES NOT show ALL of the following:

The IEP includes a description of how the student’s progress toward meeting EACH annual IEP goal will be measured.

OR

The IEP includes a description of when periodic reports on the progress the student is making toward meeting each of the annual goals will be provided.

OR

The goal, the baseline, and the progress reports didn’t used the same method of measuring the student’s performance.

OR

Progress wasn’t reported to the parent (or education decision-maker) according to the frequency/intervals described in the IEP.

Kansas Special Education Process Handbook, Chapter 4, Section E.2.d..

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Kansas Special Education Process Handbook Guidance

Measuring and Reporting Progress on Annual Goals (Chapter 4)

  • The team must include a description of how the child’s progress toward meeting the annual goals will be measured.
    • If a measurable annual goal is written correctly with the 4 components (behavior, criteria, condition and timeframe) the requirement of how progress toward the goal is measured is contained within the goal and no additional information is required.
  • The IEP must include a description of when parents will be provided periodic reports about their child’s progress toward meeting the annual goals.
  • Whatever the method chosen, progress toward the goals must be monitored in the method indicated on the IEP and progress reports should include a description of the child’s progress towards the child’s measurable annual goals. 

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What is progress monitoring

A set of techniques and methods for assessing student performance on a regular and frequent bases so that instructional decisions will be made that result in improved outcomes for students.

  • A scientifically based practice
    • Assesses students’ progress toward a goal- ensure that what you are measuring aligns with the student’s goal
      • Frequent
      • Ongoing
      • Quick
    • Evaluates effectiveness of instruction

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Why is Progress Monitoring Important?

  • It’s part of specially designed instruction.
  • It helps teachers know when to take action:
    • Change instructional practices
    • Adjust curriculum
    • Add services and supports
  • It results in improved outcomes for all students.
  • Promotes closing the achievement gap

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Progress Monitoring Process

Before

    • Benchmark assessment
    • Determine intervention
    • Choose tool
    • Set goal
    • Decide on frequency of PM and schedule for decision making

During

    • Collect data on schedule
    • Frequent, brief
    • Graph regularly
    • Share with team

After

    • Evaluate progress
    • Make decisions re: interventions

Responsive

Continue Plan

Non-Responsive

Make a Change

Practical Progress Monitoring (CEC 2023)

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Techniques for Progress Monitoring

  1. Curriculum Based Measures (CBM)
  2. Teacher Developed Assessments
  3. Brief/in the moment student responding
  4. Entrance/Exit Tickets
  5. Observation

IRIS Module: Intensive Intervention (Part 2): Collecting and Analyzing Data for Data-Based Individualization

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Resources for Progress Monitoring

Resource

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Graphing and Interpreting

  • There are multiple ways to score and analyze data
    • Hand scoring
    • Computerized scoring
  • Quick turn-around procedures are desired for feedback and instruction
  • Important to keep longitudinal data
  • Trend lines and aim lines

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Common findings Q15

  • Documentation lacked description of when periodic reports on progress would be provided to parent/legal education decision maker – please upload this portion of IEP
  • Progress report only showed most recent status – please upload all progress reports for the IEP under review
  • Progress reporting did not occur for every goal – will require DCAP and ICA
  • Progress reporting did not match how the goal indicated it would be measured – will require DCAP and ICA

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Compliant Example Q15

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Noncompliant Example Q15

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Breakout Discussion�and Question

20 minutes

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16. If the IEP team has determined that the student with a disability must take an alternate assessment instead of a particular state or districtwide assessment, was that determination made in alignment with the KSDE Dynamic Learning Maps Participation Guidelines for Kansas and does the IEP include BOTH of the following?: (A) A statement of why the student cannot participate in the general state or district assessment; and (B) A statement of why the particular alternate assessment selected is appropriate for the student. 34 C.F.R. 300.320(a)(6)(ii), 300.160(c); K.S.A. 72-3429(c)(6)(B)��METHOD: First, review the IEP to determine if the student must take an alternate assessment or regular state/districtwide assessment. Next, if the IEP states the student must take an alternative assessment, next review the education record for documentation that the student meets all of the criteria listed in the KSDE Dynamic Learning Maps Participation Guidelines for Kansas. This documentation could be in the IEP, evaluation/eligibility report, IEP Team meeting notes, a prior written notice, etc. Finally, review the IEP to determine if it includes a statement of why the student cannot participate in the general state or districtwide assessment, and a statement of why the particular alternate assessment selected is appropriate for the student. Every goal must have at least 2 benchmarks/objectives.

YES

Select YES if documentation shows ALL of the following:

• The student meets all of the criteria listed in the KSDE Dynamic Learning Maps Participation Guidelines for Kansas;

AND

• The IEP includes a statement of why the student cannot participate in the general state or district assessment;

AND

• The IEP includes a statement of why the particular alternate assessment selected is appropriate for the student.

NO

Select NO if documentation DOES NOT show ALL of the following:

• The student meets all of the criteria listed in the KSDE Dynamic Learning Maps Participation Guidelines for Kansas;

AND

• The IEP includes a statement of why the student cannot participate in the general state or district assessment;

AND

• The IEP includes a statement of why the particular alternate assessment selected is appropriate for the student.

N/A

Select N/A if:

• This is a file for a gifted-only student;

OR

• This is a file for a student who is convicted as an adult under State law and incarcerated in an adult prison (34 C.F.R. 300.324(d)(1)(i); K.A.R. 91-40-5(c)(2)(A));

OR

• The IEP Team determined that the student with a disability will take a regular State or districtwide assessment.

Kansas Special Education Process Handbook, Chapter 4, Section E.2.e.

KSDE Dynamic Learning Maps Participation Guidelines for Kansas

KSDE Rubric for Determining Student Eligibility for the Kansas Alternate Assessment (DLM) for Students with the Most Significant Cognitive Disabilities

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17. Does the IEP include the projected date for the beginning of special education and related services, supplementary aids and services (including accommodations), program modifications and supports for school personnel? 34 C.F.R. 300.320(a)(7); K.S.A. 72-3429(c)(7)��METHOD: Review the IEP to determine whether it contains a projected beginning date for EACH of the special education and related services, the supplementary aids and services (including accommodations), program modifications and supports for school personnel that will be provided.

For Each and Every Service

  • Describe the service (see above)
  • Provide the projected date for the beginning of each service (Note: the IEP start date does NOT serve the function of the start date for any service) 

YES

Select YES if the IEP contains a projected beginning date for EACH of the special education and related services, supplementary aids and services (including accommodations, program modifications, and supports for school personnel that will be provided.

NO

Select NO if the IEP DOES NOT contain a projected beginning date for EACH of the special education and related services, supplementary aids and services (including accommodations, program modifications, and supports for school personnel that will be provided.

Kansas Special Education Process Handbook, Chapter 4, Section E.2.h..

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18. Does the IEP include anticipated frequency, location and duration of special education and related services, supplementary aids and services (including accommodations), program modifications and supports for school personnel? 34 C.F.R. 300.320(a)(7); K.S.A. 72-3429(c)(7)��METHOD: Review the IEP to determine whether it contains the anticipated frequency, location, and duration for EACH of the special education and related services, supplementary aids and services (including accommodations), program modifications and supports for school personnel.

Examples of Frequency, Location, Durations for Related Services

Transportation

Counseling Services

Occupational Therapy

Frequency: Every day when school is in session

Frequency: Three Days per week

Frequency: Once per week

Location: In district special education vehicle

Location: Counselor’s Office

Location: Resource Room

Duration: Travel time from home to school/school to home via bus route

Duration: A total of 600 minutes per semester

Duration: Twenty minutes per week

YES

Select YES if the IEP contains the anticipated frequency, location, and duration for EACH of the special education and related services, supplementary aids and services (including accommodations), program modifications, and supports for school personnel.

NO

Select NO if the IEP DOES NOT contain the anticipated frequency, location, and duration for EACH of the special education and related services, supplementary aids and services (including accommodations), program modifications, and supports for school personnel.

Kansas Special Education Process Handbook, Chapter 4, Section E.2.h..

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Documenting Accommodations

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Examples: Accommodations and Modifications (Q17 & Q18)

ACCOMMODATION EXAMPLES:

Accommodation

Start Date

Location

Frequency

Duration

Extended time for assignments

3/3/22

In all core classes (social studies, science, math, and language arts)

Whenever written assignments are given

Todd will receive a time extension of 1 ½ of the required assignment time to complete the assignment

Text read aloud via human or electronic reader

8/15/22

In all settings, both general and special education

When given material above a second-grade level

Until reading of assigned text is completed 

Use of calculator

9/9/22

In general education math class

Whenever assignment requires math calculation

For duration of math class

Provide copy of notes, study guide, or cloze activity to be used for review 

9/9/22

Across all general education classrooms

For each chapter or unit of study

Notes, study guide, or cloze activity provided at least 4 days before any chapter or unit test 

MODIFICATION EXAMPLES:

Modification

Start Date

Location

Frequency

Duration

Jolinda will be provided with fewer answer options for all classroom multiple choice tests (e.g., 3 answer options instead of 4).

1/5/22

In all core classes

Whenever multiple

choice assessments are given

For the multiple-choice portion of all classroom assessments

During her general education math class, Linda will be asked to complete multiplication and division problems with no more than two digits.  

2/2/22

In core math class

Whenever a math assignment or classroom math assessment is given that involves multiplication or division.

For the duration of all math assignments and classroom math assessments.

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Monitoring State Assessment Accommodations

  • Academic Assessment Peer Review
    • Critical Element 5.4 requires State to monitor test administration to ensure accommodations selected for State assessments are :
      • Consistent with accommodations provided to the students during instruction and/or practice
      • Consistent with the assessment accommodations identified by a student’s IEP under IDEA
    • LEA’s selected for random data verification will upload the accommodations section(s) of the students IEP for Q18. KSDE will cross reference with the students PNP to ensure consistency in accommodations.

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19. Did the IEP team consider parent concerns for enhancing the education of their student in developing, reviewing and revising the IEP? 34 C.F.R. 300.324(a)(1)(ii); K.S.A. 72-3404(r); 72-3429(d)(1)��METHOD: This information could be found in the Present Levels of Academic Achievement and Functional Performance (PLAAFP) statements or another IEP section or other documentation in the student’s file indicating the IEP team requested and considered the concerns the parent had for enhancing the education of their student in developing, reviewing and revising the IEP.

YES

Select YES if the IEP or the education record contains documentation that the IEP team considered the concerns of the parent for enhancing the education of their student in developing, reviewing and revising the IEP.

NO

Select NO if the IEP or the education record DOES NOT contain documentation that the IEP team considered the concerns of the parent for enhancing the education of their student in developing, reviewing and revising the IEP.

Kansas Special Education Process Handbook, Chapter 4, Section E.1.b. and Section F..

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Parent Input Recommendations (JW)

  • Consider seeking parental input prior to an IEP meeting using a parental input or survey form for the parent to return prior to the meeting. Be sure to document consideration of parental concerns during the meeting.
  • Be sure to explain the meaning of any “coded” items on IEPs, such as codes with annual goals, internal school codes, etc.
  • Consider keeping drafts of IEPs or meeting notes that reflect changes that were made to the IEP based upon parental input.
  • Be careful not to be inappropriately bound or restricted by a computerized or web-based IEP program in the process of developing the IEP.

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20. If the student’s behavior impedes the student’s learning or that of others, did the IEP Team consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior when developing, reviewing or revising the IEP? 34 C.F.R. 300.324(a)(2)(i), (b)(2); K.S.A. 72-3429(d)(4)��METHOD: First, review the education record for documentation indicating whether the student displays behavior that impedes the student’s or others’ learning. If the student’s behavior impedes learning (of self or others), then review the education record for documentation showing that the IEP Team considered the use of positive behavior interventions and supports and other strategies when developing the initial IEP, conducting the annual IEP review, or revising the IEP. This information can be found in the IEP, a prior written notice form, IEP Team meeting notes, and IEP amendment form, or other documentation in the education record.

YES

Select YES if documentation shows that when developing, reviewing or revising the IEP, the IEP Team considered the use of positive behavior interventions and supports and other strategies to address the student’s behavior that impedes the student’s or others’ learning.

NO

Select NO if documentation DOES NOT show that when developing, reviewing or revising the IEP, the IEP Team considered the use of positive behavior interventions and supports and other strategies to address the student’s behavior that impedes the student’s or others’ learning.

N/A

Select N/A if documentation shows that the student DOES NOT have behavior that impedes the student’s or others’ learning.

Kansas Special Education Process Handbook, Chapter 4, Section E.1.e.

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IEP Content Pitfall - Failure to Appropriately Address the “Special Instructional Factor” of Behavior (JW)

  • For any student who has behavior that impedes his/her learning or that of others, the IEP team must consider positive behavioral interventions, supports and other strategies to address it. This must be done either through the inclusion of measurable annual goals, the provision of special education/related services and/or the performance of a functional behavior assessment (FBA) and development of a behavior intervention plan (BIP). May be addressed through goals, services or BIP or combination of the above.
  • Regardless of the recognized disability, if the student has any behavior that impedes his/her learning or that of others, the relevant box on the IEP needs to be checked “yes”.
  • Remember that behavior that impedes learning is not limited to outwardly disruptive behavior. It can include refusal to do work, truancy or skipping classes, lack of motivation, inattention, withdrawal, etc.
  • Be sure IEP contains either measurable behavioral goal, services to address concerns, or reference to the development of an appropriate BIP.

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21. When developing, reviewing or revising the IEP, in the case of a student who has limited English proficiency, did the IEP Team consider the language needs of the student as those needs relate to the student’s IEP? 34 C.F.R. 300.324(a)(2)(ii), (b)(2); K.S.A. 72-3429(d)(5)��METHOD: First, review the education record for documentation indicating whether the student has limited English proficiency. If the student has limited English proficiency, then review the education record for documentation showing that the IEP Team considered the student’s language needs as those needs relate to the IEP when developing, reviewing, or revising the IEP. This information can be found in the IEP, a prior written notice form, IEP Team meeting notes, and IEP amendment form, or other documentation in the education record.

YES

Select YES if documentation shows that when developing, reviewing or revising the IEP, the IEP Team considered the language needs of the student as those needs relate to the student’s IEP.

NO

Select NO if documentation DOES NOT show that when developing, reviewing or revising the IEP, the IEP Team considered the language needs of the student as those needs relate to the student’s IEP.

N/A

Select N/A if documentation shows that the student DOES NOT have limited English proficiency.

Kansas Special Education Process Handbook, Chapter 3, Sections C. and F., Chapter 7, Sections D. and F..

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Question 21: When developing, reviewing or revising the IEP, in the case of a student who has limited English proficiency, did the IEP team consider the language needs of the student as those needs relate to the IEP?

The education record for a student should indicate whether the student has limited English proficiency. If so,  documentation should be found (in IEP, PWN, IEP team meeting notes, IEP amendment, or other location in the record) that shows when the IEP team develops, reviews and/or revises IEP, they considered language needs.

For example, a team might include something such as…

While the student needs direct special education services to address his learning disability, he is an English Learner and continues to need services from a language acquisition program to address those needs.  His current language performance is described within the communication area of this IEP. It is critical that the EL teacher and the SPED teacher work closely to address all the student’s needs in a coordinated way.  (This statement would need to be in the IEP somewhere, and the IEP would reflect both direct and consultative services from the SPED teacher.  It needs to be clear in the IEP that the student will continue to receive EL). 

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Breakout Discussion�and Question

20 minutes

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22. Was the student’s educational placement determined at least annually? 34 C.F.R. 300.116(b)(1); K.A.R. 91-40-21(e)(1)��METHOD: Review the education record for documentation that the exceptional student’s educational placement was determined at least annually. Compare dates of placement decisions documented in the student’s IEP or prior written notice documents. Review meeting records for evidence that the student’s placement was discussed and determined within one year of the previous placement determination.

YES

Select YES if the education record contains documentation that the student’s educational placement was determined at least annually.

NO

Select NO if the education record DOES NOT contain documentation that the student’s educational placement was determined at least annually.

Kansas Special Education Process Handbook, Chapter 6, Section B.

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FAQ Guidance

QUESTION: Regarding Self-Assessment Question 22, if a school district always provides the parent with a PWN at the IEP annual review, does that documentation show that placement was determined annually?

ANSWER: Providing a PWN at the IEP meeting COULD show that placement was determined annually depending on the content of the PWN and whether it addresses the placement determination.

QUESTION: What are some examples of how to better document the LRE continuum when making changes?

ANSWER: See the Kansas Special Education Process Handbook, Chapter 6 Section C. Also see the LRE Decision Tree and accompanying chart at the end of the chapter.

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LRE Decision Tree

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Pre-determination of Placement is the “Big Kahuna” of Process Mistakes (JW)

  • Predetermination of placement is otherwise denying meaningful parental input into decision-making.
  • If draft IEP documents are prepared, seriously consider sharing them with the parent ahead of time and make it clear that they are drafts for discussion and preparatory purposes only. 99% of parents appreciate that school has drafted something for parents to review ahead of time. Cover memo indicating drafts for discussion purposes only. Train staff on how to handle the draft.
  • When preparing for IEP meetings and staff meetings are held, make sure that everyone who attends understands that no final placement determinations are to be made prior to the IEP meeting. These are “preparatory activities” only. Come to IEP with an open mind but not a blank mind.
  • Be careful not to be inappropriately bound or restricted by a computerized or web-based IEP program in the process of developing the IEP.
  • Thoroughly consider/discuss parental placement requests, even those that may seem “bizarre” or “ridiculous.” Document the discussions regarding that consideration.
  • Be careful not to open a meeting by overstating the purpose of the IEP meeting, in other words, be general. For example, “we are here today to review and possibly revise Susie’s IEP,” not “we are here today to develop an IEP for Susie to attend the self-contained class for LD students.”

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Failure to focus on the “I” in IEP and IDEA during decision-making (JW)

  • This could also be considered a form of “predetermination of placement.” Recommendations must be made based on every student’s individual education needs and nothing else (we would but we don’t have the staff to do that) (can’t just recommend what you can do rather than what the student needs)
  • Always respond to parental requests for services based upon what the student needs to make appropriate progress, rather than what the school district has or what it always does. For example, “it is our belief that this is what the student needs to make appropriate progress in her educational program,” not “I’m sorry, we just don’t have that here.”
  • Avoid statements that sound like a “one-size fits all” program is being recommended.
  • Avoid mentioning cost of services as a basis for denying services and redirect others when they do. The basis for any denial of requested services must always be that the school does not believe that the student needs those services in order to make educational progress – not the fact that they “cost too much”.
  • Some Office of Civil Rights (OCR) complaints on safety of having to carry student up and down stairs or onto the bus, lift bus, or elevator. If student needs a wheelchair at home, they probably need one at school.

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23. If the student’s LRE (least restrictive environment) placement is outside of the regular education environment for any part of the school day (including nonacademic and extracurricular services and activities), did the team first determine that the nature or severity of the disability is such that placement in the regular education environment with the use of supplementary aids and services could not be achieved satisfactorily? 34 C.F.R. 300.114(a)(2)(ii), 300.117; K.S.A. 72-3420(a); K.A.R. 91-40-21(i)��METHOD: First, review the education record to determine whether the student with a disability is placed in the regular education environment for the whole school day or in a more restrictive environment for any part of the school day. If the student is placed in a more restrictive environment for any part of the school day (including nonacademic and extracurricular services and activities – i.e. meals, recess, transportation, assemblies, clubs, athletics, etc.), next review the education record for documentation showing that the team first considered or implemented placement in the regular environment with the use of supplementary aids and services before considering more restrictive environments. Finally, review the education record for documentation showing that the nature or severity of the disability is such that education in regular classes with supplementary aids and services cannot be achieved satisfactorily.

YES

Select YES if:

• The education record contains documentation showing the student is placed in the regular education environment for the entire school day, including nonacademic and extracurricular services and activities.

OR

• The education record contains documentation showing a) the team first considered placement in the regular environment with supplementary aids and services, AND b) when placing the student outside of the regular environment the team determined that the nature or severity of the student’s disability is such that placement in the regular education environment with supplementary aids and services cannot be achieved satisfactorily.

NO

Select NO if the education record DOES NOT contain documentation showing a) the team first considered placement in the regular environment with supplementary aids and services, AND b) when placing the student outside of the regular environment the team determined that the nature or severity of the student’s disability is such that placement in the regular education environment with supplementary aids and services cannot be achieved satisfactorily.

N/A

Select N/A if:

• This is a file for a gifted-only student.

OR

• This is a file for a student who: (a) has been convicted as an adult under state law and is incarcerated in an adult prison; AND (b) the student’s IEP team has modified the student’s IEP or placement because the State has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated (34 C.F.R. 300.324(d)(2)).

Kansas Special Education Process Handbook, Chapter 3, Sections C. and F., Chapter 7, Sections D. and F..

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Content Pitfalls – Making Inappropriate/Unsupported Recommendations Regarding LRE (JW)

  • Specific rationale for placing students outside of the regular education environment must be set forth by the team.
  • Not based solely on factors such as category of disability, severity of disability, availability of special education and related services, configuration of the service delivery system available, space or administrative convenience. Avoid pre-determination of LRE.
  • Remember to adequately train and involve regular ed teachers in the decision-making process.
  • Remember that the LRE mandate doesn’t trump the FAPE mandate. What is the least restrictive environment where this student can make progress appropriate in light of the individual student’s circumstances? (maximum extent appropriate not to be maximum extent possible).
  • Specifically identify the individual needs/target skills of the student and prioritize them taking into consideration the nature/severity of the student’s disability, the student’s age and other relevant circumstances.
  • Determine what level of services/supports is necessary to meet the defined needs and to support appropriate progress on goals/objectives.
  • Determine whether the student’s needs can be met satisfactorily in the regular education classroom with/without supplementary aids and services.
  • Identify what efforts the school has made to educate the student in the reg ed classroom and to try less restrictive options.
  • If needs cannot be or have not been satisfactorily met in the reg ed, move along the continuum to more restrictive.
  • When LRE is at issue, consider negotiating the “stay-put” in order to implement a “trial” placement for a stated period of time (in order to keep some data).

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Common findings

  • Use of boiler plate statement as assurance that LRE was considered for a specific student, or simply restating the pullout services within the IEP
  • Lack of documentation that team first considered placement in general education with support before moving to more restrictive setting

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LRE Sample Statements

  • Dan needs intensive social skills instruction and practice in a small group situation in order to improve his ability to resolve conflict and cooperate with peers.  He will receive this instruction from the social worker during his study hall for 20 minutes per day, three times per week.  Due to Dan's difficulty with sustaining focus and impulsivity in responding to peers and adults resulting from his disability, he needs direct and targeted opportunities to practice skills in a small group setting with verbal feedback first before transferring the practiced skill into the general education setting.  This setting and level of support is considered to be the least restrictive environment at this time; data for previous attempts to provide support and instruction  only within the general education setting in these areas suggested that Dan may gain skills faster and benefit from smaller groups with  more structured opportunities with immediate adult feedback.  As Dan gains skills in these two areas, the team will review progress at least annually, with goal to decrease his pullout time and increase his supports in general education to assist in successfully transferring these skills.  Dan will receive his remaining instruction in the general education setting with his non-disabled peers.
  • Due to Sue’s significant information processing deficits in the areas of auditory acquisition and organization related to sequencing words resulting from her receptive language deficit, she needs small group reading instruction with repeated directions in multiple formats.  Therefore, she will be removed from general education to receive this instruction daily for 25 minutes during intervention time.  Sue will continue to participate in core reading instruction within the general classroom and will receive her remaining instruction in the general education setting with her general education peers. This level of support and location of service is considered to be the least restrictive environment at this time: special education services, service settings, and data collected will be reviewed at least annually to help inform placement decisions for the least restrictive placement to meet Sue's needs.

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Question 24 – cohort 2

24. This question only applies to students in early childhood (3–5-year-olds). If this student is an early childhood student, did the student receive early intervention services under an individualized family service plan (IFSP)? 34 C.F.R. § 303.13   [34 CFR §300.124(c)]

  • K.A.R. 91-40-2 says “An IEP or IFSP shall be in effect by the child’s third birthday, but, if that birthday occurs during the summer when school is not in session, the child’s IEP team shall determine the date when services will begin.”
  • K.A.R. 91-40-16(c) says: “If an agency and a child’s parent agree, an IFSP that meets the requirements of the federal law and that is developed in accordance with this article may serve as the IEP of a child with a disability who is two years old but will reach three years of age during the next school year or who is three, four, or five years of age. (2) Before using an IFSP as an IEP, each agency shall meet the following requirements: (A) The agency shall provide to the child’s parent or parents a detailed explanation of the differences between an IFSP and an IEP. (B) If an IFSP is chosen, the agency shall obtain written consent from the parent for use of the IFSP as the child’s IEP.

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Question 24 continued

METHOD: Review the education record for documentation that the student received early intervention services. If the student received early intervention services, select yes.

If yes continue. If no you’re finished.

YES

Select YES if the education record contains documentation showing the student received early intervention services.

 

NO

Select NO if the education record DOES NOT contain documentation showing the student received early intervention service

OR this isn’t an early childhood student.

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Question 24a

24a. Was there LEA representation at the 90-day transition conference? [34 CFR §303.209 ] [34 CFR §300.124(c)]

  • K.A.R. 91-40-2(b)(3) says If a child is transitioning from early intervention services provided under part C of the federal law, the agency responsible for providing FAPE to the child shall participate in transition planning conferences for the child.
  • 34 CFR §300.124(c) saysEach affected LEA will participate in transition planning conferences arranged by the designated lead agency under section 635(a)(10) of the Act.  

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Question 24a - methodology

METHOD: Review the file to see if  a LEA representative was at the 90-day conference? This could be located in:

  1. Meeting Attendance Record: A document signed by all attendees at the IFSP meeting, which would include the name and signature of the LEA representative, indicating their presence.
  2. Meeting Minutes or Notes: Detailed notes or minutes from the meeting that document the attendance of the LEA representative, as well as their involvement in the discussion and planning process.
  3. Email or Written Confirmation: If the LEA representative cannot attend in person but attends virtually or provides input, an email or written confirmation from the LEA could serve as proof.
  4. IFSP Document: The IFSP itself could include a section noting who was invited and attended, which would reflect the LEA representative’s participation.
  5. If Part B is not being invited to transition meetings, they have a responsibility to reach out to Part C and work out a solution. Perhaps some of the documentation could include the efforts of the Part B program to ensure they are invited in the future, such as emails, meeting minutes, etc.

YES

Select YES if the education record contains documentation that the LEA representative was present at the 90-day conference.

NO

Select NO if the education record DOES NOT contain documentation that the LEA representative was present at the 90-day conference.

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Q24a – Documentation

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Question 24b- methodology

24b. Did the IEP Team consider the child’s transition plan when developing the child’s initial Part B IEP? (K.S.A. 72-3428(b)(1))

METHOD: Review the file to see if there was a transition plan in place. This could be located in the evaluation report, meeting notes, PWN, or IEP. The team could document the IFSP information (Including goal progress) and relevant information from the transition conference in the evaluation report as well as note that both were data sources considered within the PWN.

YES

Select YES if the education record contains documentation that the transition plan was considered when developing the child’s initial Part B IEP.

NO

Select NO if the education record DOES NOT contain documentation that the transition plan was considered when developing the child’s initial Part B IEP.

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Q24b - Documentation

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Breakout Discussion�and Question

10 minutes

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Non-Compliance

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OSEP QA 23-01

  • According to OSEP QA 23-01 all identified noncompliance must be corrected within one year of when noncompliance was identified. The district will be required to correct the noncompliance by completing the steps below to meet this one-year deadline.
    • District corrective action plan
    • Individual Corrective Action Plan
    • Updated data

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Non-Compliance

  • Oct 31 – Letters of non-compliance go out
  • DCAP – District Corrective Action Plan (Nov. 3 – Dec. 2)
    • For each question that was reported noncompliant.
  • ICA – Individual Corrective Action Plan (Nov. 3 – April 1)
    • One individual corrective action plan for each student reported noncompliant. 
    • If a student is reported noncompliant for more than one question, the district will complete an individual corrective action plan on each noncompliant question for the student.
    • Districts will need to upload the documentation showing the file has been corrected.
  • Updated data (files completed between March 1 and May 1)
    • Districts will need to upload the documentation showing the file is compliant on the question(s) the district had non-compliance on between May 5-May 29.

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Levels of Determination (LOD)

  • Change effective with the FFY 2021 district LOD, released in the spring of 2023
  • IDEA findings from IDEA & Gifted Requirements File Review
    • A district is Substantially Compliant when fewer than two children with a disability and an IEP had a finding on the same question
    • Cohort 1 (SY2024-2025) will be reported in FFY 2024 LOD report (April 2026)
    • Cohort 2 (SY2025-2026) will be reported in FFY 2025 LOD report (April 2027)

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District Corrective Action Plans (DCAPs)

  • A DCAP will need to be completed for each question that the district had non-compliance on.
  • DCAPs are completed in KIAS.
  • DCAPs are due by December 2nd.
  • DCAPS must address:
    • Root Cause Analysis (RCA)
    • Strategy for correcting the problem identified by the RCA
    • Method of evaluation to assure this problem does not reoccur
    • Location of the documentation of actions taken
    • LEA Contact information

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Root Cause Analysis

  1. Identify and discuss data analyzed for determining root cause (i.e. data patterns including who, what and where) 
  2. What was the root cause of problem (i.e. why)?
  3. Was root cause at procedural, policy and/or practice level?

    • 5 Why’s
    • Fishbone

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Question 1 DCAP Example

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Question 2 DCAP Example

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Question 13 DCAP Example

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Question 14 DCAP Example

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Question 15 DCAP Example

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Question 18 DCAP Example

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Individual Corrective Action (ICAs)

  • An ICA must be completed for every student on every question that was non-compliant
    • Exception – student has graduated or is no longer in the district
    • Click delete and select the reason
  • ICAs are completed in KIAS
  • ICAs are due by April 1
  • ICAs must contain:
    • Statement of actions taken to correct the individual child specific noncompliance
    • Location of the documentation of actions taken to correct the child specific noncompliance
    • Date of correction by LEA
    • LEA contact information
    • Upload documentation showing file was corrected.

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ICA Example Question 1

  • Q1 - Initial file review indicated that there was no documentation that parent rights/procedural safeguards were provided to both parents that do not live at the same address. The IEP team knows that an address for the student's second parent is unknown. However, this information was not documented anywhere. This error led to an overall change for the agency. A page was added to the IEP to prompt teachers to document this type of information in a more formal manner. Training was provided to this teacher. A new draft IEP was written by the teacher and submitted to the IEP monitor for compliance review. An IEP meeting was held on 10/03/2022 and the parent with whom the student resides signed the IEP. It was documented in the IEP that there were no additional contacts.

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ICA Example Question 15

  • Q15- Initial file review indicated that progress reports did not contain specific and measurable data. This error is directly related to errors for Questions #11, #14, and #15. When training and resources were provided for writing complete PLAAFPs, connecting goals to area of need, and goal writing, reporting progress using the same method as goal measurement is an easier process. A new IEP was written on 09/07/2022 and progress reports for each nine weeks contain data that was established in the goal. IEP EXCERPT GOAL: Within 36 instructional weeks, xxxx will show mastery of a Kansas College and Career Ready Standard as demonstrated by the completion of a new problem/learning-based project and scoring at least 9/12 on each phase of the modified Renzulli, Type III Independent Investigation Rubric below. PROGRESS REPORT contains the rubric with highlighted rubric scores to show progress.

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ICA Example Question 23

Q23- Initial file review indicated that the LRE determination lacked discussion regarding the consideration of less restrictive environments and reasons for rejecting these options. Training and resources were provided to the teacher to ensure understanding of the components of LRE consideration. A new draft IEP was written by the teacher and submitted for compliance review by the IEP monitor. An IEP meeting was held on 09/28/2022 and parents signed the IEP. PWN EXCERPT A DESCRIPTION OF THE ACTION PROPOSED OR REFUSED: During his 7th grade year, xxxx will receive specialized instruction for 30 minutes x 5 days a week of support in the interrelated classroom in the class of Study Hall for remediation/reteaching of concepts from the general education curriculum, direct instruction to work on his individual education goals outlined in his current individual education plan and work completion support from his general education English/Language Arts, Science, Social Studies, and Math classes during the current IEP year. xxxx will also receive special education inclusion support for 160 minutes x 5 days a week in the general education classrooms of English/Language Arts, Science, and Math. During his 8th grade year, xxxx will receive specialized instruction for 30 minutes x 5 days a week of support in the interrelated classroom in the class of Study Hall for remediation/reteaching of concepts from the general education curriculum, direct instruction to work on his individual education goals outlined in his current individual education plan and work completion support from his general education English/Language Arts, Science, Social Studies, and Math classes during the current IEP year. xxxx will also receive special education inclusion support for 115 minutes x 5 days a week in the general education classrooms of English/Language Arts, Science, and Math. EXPLANATION OF WHY THE ACTION IS PROPOSED OR REFUSED: xxxx meets the criteria for these actions, because, based on his most recent evaluation, as well as Aims Web, KAP, STAR Reading Assessment, and Goalbook assessments, xxxx meets the critieria of a student with a specific learning disability. These supports are proposed to provide xxxx support in the areas where he needs services to continue to advance in the general education curriculum. OPTIONS CONSIDERED AND WHY THE OPTIONS WERE REJECTED: The option to provide only support within the general education classroom. However, this was rejected as student currently requires additional opportunities to practice and reinforce skills with immediate teacher feedback in a smaller group setting. Additionally, this amount of pull-out support allows student to preview some skills that will be presented in the general education setting. DESCRIPTION OF THE DATA USED AS BASIS FOR THE PROPOSED OR REFUSED ACTION (including each evaluation procedure, assessment, record or report used as a basis for the proposed or refused action): Evaluation Data, Aims Web, STAR Reading Report, Goalbook Assessments, Parent/IEP team input, and observation.

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What is Updated Data?

  • As part of the correction of noncompliance process, KSDE must also collect Updated Data to verify that the district is correctly implementing the regulatory requirement(s) consistent with OSEP QA 23-01 
  • The specific regulatory requirement(s) are identified on the District Corrective Action Plan (DCAP). Districts should only review updated data specific to the regulatory requirement(s) that were found noncompliant for the district. 
  • NOTE: If there are NO FILES AVAILABLE, you must still click Submit. The root cause analysis in the DCAP will serve as the district’s assurance that the district is correctly implementing the regulatory requirement 

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Updated Data

  • KIAS will pull files completed between March 1 and May 1, 2026.
  • KIAS will pull files based on district size calculator (same as during initial data collection).
  • District will answer yes/no for each student file pulled for each question that the district had non-compliance.
  • District will upload documentation to verify compliance.
  • If updated data results in continued non-compliance on any question for any student, the district will enter into another round of correcting non-compliance (DCAP, ICA, updated data).

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Continued Non-Compliance on Updated Data

  • District will be required to update their DCAP(s)
  • District will be required to complete an ICA on each student for each question that was non-compliant
  • District will be required to complete another round of updated data
  • District will be assigned a TAT member to assist them

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Failure to Correct Non-Compliance within One Year

  • Assigned Level of Determination of Needs Intervention
  • Put on intensive technical assistance (TA)- TASN
  • Update DCAP
  • Correction of all individual cases of non-compliance (ICAs)
  • Collect updated data as evidence the district correctly implemented the regulatory requirement(s)
  • Review of updated data during on on-site file review conducted by KSDE
  • Notification sent to director, superintendent, and local school board president

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Resources

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KIAS flags/alerts

  • Looks at data with a School Year equal to the ‘End Year’ (e.g. if the current Monitoring dates are 2023 – 2024, then the ‘End Year’ used would be 2023).
  • RSL not English: Student’s First Language (KIDS record type ENRL, EOYA or TEST) is not English
  • RPL not English: In SpedPro system, on the Student Form page it uses the information in the “Language : Parent” field.
  • ELL: Information in the Record Common table of the Student ODS System (KIDS record types AGST, ENRL, TEST, EOYA, EXIT, SPED has a value is a 1, 2 or 3)
  • HI/DB: If the primary disability in SpedPro for this student’s Primary Exceptionality is either “Hearing Impaired” or “Deafblind”
  • Non-white race: Student is not white. It gets this information by locating the student in SpedPro and then matching up with the student’s record in KIDS by the KIDS ID.

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Additional Resources

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Technical Assistance Team (TAT)

  • Resource for LEAs in areas such as early childhood, secondary transition, fiscal, file reviews, correction of noncompliance process, significant disproportionality

  • Team members are retired Kansas special education professionals.

  • Request assistance by contacting Doug Tressler at dtressler@keystonelearning.org or through TASN at www.ksdetasn.org

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Contact Information

Cary Rogers�Education Program Consultant�Special Education & Title Services�(785) 296-0916�cary.rogers@ksde.gov

Josie McClendon�Education Program Consultant�Special Education & Title Services�(785) 296-5608�josie.mcclendon@ksde.gov

Dr. Crista Grimwood�Education Program Consultant�Special Education & Title Services�(785) 296-7262�crista.grimwood@ksde.gov

The Kansas State Department of Education does not discriminate on the basis of race, color, religion, national origin, sex, disability or age in its programs and activities and provides equal access to the Boy Scouts and other designated youth groups. The following person has been designated to handle inquiries regarding the nondiscrimination policies: KSDE General Counsel, Office of General Counsel, KSDE, Landon State Office Building, 900 S.W. Jackson, Suite 102, Topeka, KS 66612, (785) 296-3201.