The terms "neighborhood school," "school of residence," or "home school" are often used interchangeably by school districts, parents and others. A child's "school of residence" is the specific school site that he or she would attend if not disabled. "School of residence" is determined by a district procedure that is used to determine what school each child in the district is assigned to, usually it is determined geographically according to the address of the parents. This is the school you would enroll your child in if there wasn't an IEP in the mix.
There is no absolute requirement that children attend their school of residence, even if they are fully included in a general education setting. The choice of appropriate placement depends on the child's unique needs as determined by the IEP team. Some school districts have policies that require all kids with IEPs who are placed in general education to be placed in their home school. Although this may be beneficial to some kids, there are parents who have concerns about the lack of an individualized decision in these situations. On the other hand, many parents may be in a school district that does not have such a policy, but instead may have a practice of grouping kids with IEPs at particular school sites that have inclusion support and other services. Parents in those districts may be concerned about the fact that their child then cannot be included in their "neighborhood school" with kids from their community.
Ultimately, parents have to be included in any team that is making placement decisions about their child. A child's school of residence is one placement consideration on the continuum of available options, and parents should think about the positive benefits of placement in the neighborhood school and discuss these benefits with the team.
Friday, July 31, 2009
Thursday, July 30, 2009
Breaking Down the IEP: Explanation of Non-Participation in Regular Education
Many of the other required content components of a written IEP document are directed at how a child can and will participate in the general education curriculum and regular education environment.
To recap: PLOP must state how a child's disability affects his/her involvement and progress in the general curriculum. Goals must be included that enable the child to be involved in and progress in general curriculum. The statement of special education and related services must include those services that are required to enable the child to progress in general education curriculum as well as to participate in activities with and be educated with non-disabled peers. Supplementary aids and services must be included that allow the child to participate in general education to the maximum extent appropriate. Even supports necessary for staff can be related to a child's participation in general education.
After all of that effort to include components geared towards inclusion in general education, it logically follows that if a child is still unable to participate in general education to any extent, that should also be documented.
The IDEA requires that the written IEP document include:
Look to your state's education code as well, as there may be additional language requiring documentation of a child's non-participation in general education. California law, for example, required the District to "document its rationale for placement in other than the pupil's school and classroom in which the pupil would otherwise attend if the pupil were not handicapped. The documentation shall indicate why the pupil's handicap prevents his or her needs from being met in a less restrictive environment even with the use of supplementary aids and services." Title 5, California Code of Regulations, section 3042(b).
In any event, the IEP document must include at a minimum an explanation that describes the extent to which the child will not participate in a regular class and activities. This can be done a number of ways. The IEP document may include a percentage of time, that indicates for X% child will be placed in general education classes, and for X% child will be placed in a special education setting. The IEP document may list specific time periods, subjects or classes, such as "child will participate in a general education class / setting for homeroom, math, science, social studies, computers, lunch and recess; child will participate in a special education classroom for language arts and reading." The IEP document needs to be clear so that those developing and implementing it understand how much the child is not to participate in the general education setting. It is also good practice to indicate the explanation, or justification, for removal from that setting.
The requirement refers not only to a regular classroom, but also to regular activities. Therefore, the extent to which the child will not be able to participate in regular education activities should also be documented in the IEP. This may include extracurricular and nonacademic activities in some cases, or may indicate recess, assemblies, etc.
These requirements are built into what is to be included in the IEP document in order to prompt the IEP team to fully consider LRE. If the IEP team needs to document an explanation for the child's nonparticipation in a general education setting, the theory is that it will give more careful consideration to the determination that the child should be removed from that setting.
Remember, like all required content, this statement should give parents enough information to fully participate in the development of the IEP. Parents need to understand when, why and how a child will be removed from the least restrictive environment in order to fully consider such an option.
To recap: PLOP must state how a child's disability affects his/her involvement and progress in the general curriculum. Goals must be included that enable the child to be involved in and progress in general curriculum. The statement of special education and related services must include those services that are required to enable the child to progress in general education curriculum as well as to participate in activities with and be educated with non-disabled peers. Supplementary aids and services must be included that allow the child to participate in general education to the maximum extent appropriate. Even supports necessary for staff can be related to a child's participation in general education.
After all of that effort to include components geared towards inclusion in general education, it logically follows that if a child is still unable to participate in general education to any extent, that should also be documented.
The IDEA requires that the written IEP document include:
"an explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in activities[]."20 U.S.C. section 1414(d)(1)(A)(V)
Look to your state's education code as well, as there may be additional language requiring documentation of a child's non-participation in general education. California law, for example, required the District to "document its rationale for placement in other than the pupil's school and classroom in which the pupil would otherwise attend if the pupil were not handicapped. The documentation shall indicate why the pupil's handicap prevents his or her needs from being met in a less restrictive environment even with the use of supplementary aids and services." Title 5, California Code of Regulations, section 3042(b).
In any event, the IEP document must include at a minimum an explanation that describes the extent to which the child will not participate in a regular class and activities. This can be done a number of ways. The IEP document may include a percentage of time, that indicates for X% child will be placed in general education classes, and for X% child will be placed in a special education setting. The IEP document may list specific time periods, subjects or classes, such as "child will participate in a general education class / setting for homeroom, math, science, social studies, computers, lunch and recess; child will participate in a special education classroom for language arts and reading." The IEP document needs to be clear so that those developing and implementing it understand how much the child is not to participate in the general education setting. It is also good practice to indicate the explanation, or justification, for removal from that setting.
The requirement refers not only to a regular classroom, but also to regular activities. Therefore, the extent to which the child will not be able to participate in regular education activities should also be documented in the IEP. This may include extracurricular and nonacademic activities in some cases, or may indicate recess, assemblies, etc.
These requirements are built into what is to be included in the IEP document in order to prompt the IEP team to fully consider LRE. If the IEP team needs to document an explanation for the child's nonparticipation in a general education setting, the theory is that it will give more careful consideration to the determination that the child should be removed from that setting.
Remember, like all required content, this statement should give parents enough information to fully participate in the development of the IEP. Parents need to understand when, why and how a child will be removed from the least restrictive environment in order to fully consider such an option.
Wednesday, July 29, 2009
Related Services: Services for Parents
Although not often included within an IEP document there are related services provided for under the law that are specific to Parents. The 2006 IDEA Part B regulations made it clear that while the 2004 statute did not include these services, the Department of Education believed that retaining the parent services were necessary in order to provide parents with counseling and training necessary to support the implementation of their child's IEP. See Analysis of Comments and Changes to 2006 IDEA Part B Regulations, 71 Fed. Reg. 46573 (2006).
There are five types of related services that an IEP team may find are appropriate for parents:
1) Counseling and guidance of parents regarding hearing loss and the related service of audiology. 34 CFR 300.34(c)(1).
2) Parent counseling and training. 34 CFR 300.34 (c)(8) This includes assisting parents in understanding the special needs of their child, providing parents with information about child development, and helping parents to acquire the necessary skills that will allow them to support the implementation of their child's IEP.
3) Planning and managing a program of psychological counseling for children and parents. 34 CFR 300.34 (c)(10).
4) Group and individual counseling with the child and family. 34 CFR 300.34 (c)(14).
5) Counseling of parents regarding speech and language impairments and the related service of speech pathology. 34 CFR 300.34(c)(15).
A parent may be eligible to receive sign language training in order to have the necessary skills to implement the child's IEP. See 34 CFR 300.34(c)(8). Although not automatically provided to parents of a student who is deaf or who has speech deficits, it is required when an IEP team decides that such training is needed for the student to benefit from special education. See Letter to Dagley, 17 IDELR 1107 (OSEP 1991); see also Letter to Anonymous, 19 IDELR 586 (OSEP 1992).
Hearing officers have also found that a LEA has to reimburse parents for private evaluations of students finding that the assessment was required to help parents acquire the necessary skills that will allow them to support the implementation of the child's IEP. See Hawaii Dep't of Educ., 102 LRP 3706 (SEA HI 2000) (finding that the state education department had to reimburse parents for testing and evaluations of their child performed by a private evaluator).
Parent training can also be provided in the home setting. In re: Student with a Disability, a hearing officer determined that an IEP for an 8-year old with Autism was not sufficient because it did not include parent training. In that case the IHO cited New York state regulation that mandated parent counseling and education for the purpose of enabling parents to perform appropriate follow-up intervention activities at home for children who were classified as autistic. The IHO concluded that the evidence overwhelmingly pointed to the need for training to enable the parent to perform follow-up ABA therapy in their home. Furthermore, the IHO disagreed with the district's position that simply informing the parent that she could come to school and observe ABA instruction was sufficient to satisfy its IDEA requirements. See In re: Student with a Disability, 102 LRP 8600 (SEA NY 2000).
Under some circumstances, transportation services are also available to parents when a student is placed at a residential placement. The IDEA does not set a minimum on the number of parents visits that a LEA is expected to fund to the residential facility. If a state or district policy on the number of trips does exist, however, it must allow for a case-by-case determination of how much visitation is necessary given the student's unique needs. A district may be required to fund a number of visits to a placement in order for parents to participate in other related services. In New Prairie United School Corporation, the court found that the district was obligated to fund either 12 parental visits to the school annual or 12 visits home, where parental visitation allowed for parents to participate in a family therapy program and training. See New Prairie United Sch. Corp., 30 IDELR 346 (SEA IN 1999). In Aaron M. by Glen M. and Lindy M. v. Yomtoob, the court found that parents were entitled to six trips per year to son's out-of=state residential placement in order to learn skills and strategies to work with their son. See Aaron M. by Glen M. and Lindy M. v. Yomtoob 38 IDELR 122 (N.D. Ill. 2003).
There are five types of related services that an IEP team may find are appropriate for parents:
1) Counseling and guidance of parents regarding hearing loss and the related service of audiology. 34 CFR 300.34(c)(1).
2) Parent counseling and training. 34 CFR 300.34 (c)(8) This includes assisting parents in understanding the special needs of their child, providing parents with information about child development, and helping parents to acquire the necessary skills that will allow them to support the implementation of their child's IEP.
3) Planning and managing a program of psychological counseling for children and parents. 34 CFR 300.34 (c)(10).
4) Group and individual counseling with the child and family. 34 CFR 300.34 (c)(14).
5) Counseling of parents regarding speech and language impairments and the related service of speech pathology. 34 CFR 300.34(c)(15).
A parent may be eligible to receive sign language training in order to have the necessary skills to implement the child's IEP. See 34 CFR 300.34(c)(8). Although not automatically provided to parents of a student who is deaf or who has speech deficits, it is required when an IEP team decides that such training is needed for the student to benefit from special education. See Letter to Dagley, 17 IDELR 1107 (OSEP 1991); see also Letter to Anonymous, 19 IDELR 586 (OSEP 1992).
Hearing officers have also found that a LEA has to reimburse parents for private evaluations of students finding that the assessment was required to help parents acquire the necessary skills that will allow them to support the implementation of the child's IEP. See Hawaii Dep't of Educ., 102 LRP 3706 (SEA HI 2000) (finding that the state education department had to reimburse parents for testing and evaluations of their child performed by a private evaluator).
Parent training can also be provided in the home setting. In re: Student with a Disability, a hearing officer determined that an IEP for an 8-year old with Autism was not sufficient because it did not include parent training. In that case the IHO cited New York state regulation that mandated parent counseling and education for the purpose of enabling parents to perform appropriate follow-up intervention activities at home for children who were classified as autistic. The IHO concluded that the evidence overwhelmingly pointed to the need for training to enable the parent to perform follow-up ABA therapy in their home. Furthermore, the IHO disagreed with the district's position that simply informing the parent that she could come to school and observe ABA instruction was sufficient to satisfy its IDEA requirements. See In re: Student with a Disability, 102 LRP 8600 (SEA NY 2000).
Under some circumstances, transportation services are also available to parents when a student is placed at a residential placement. The IDEA does not set a minimum on the number of parents visits that a LEA is expected to fund to the residential facility. If a state or district policy on the number of trips does exist, however, it must allow for a case-by-case determination of how much visitation is necessary given the student's unique needs. A district may be required to fund a number of visits to a placement in order for parents to participate in other related services. In New Prairie United School Corporation, the court found that the district was obligated to fund either 12 parental visits to the school annual or 12 visits home, where parental visitation allowed for parents to participate in a family therapy program and training. See New Prairie United Sch. Corp., 30 IDELR 346 (SEA IN 1999). In Aaron M. by Glen M. and Lindy M. v. Yomtoob, the court found that parents were entitled to six trips per year to son's out-of=state residential placement in order to learn skills and strategies to work with their son. See Aaron M. by Glen M. and Lindy M. v. Yomtoob 38 IDELR 122 (N.D. Ill. 2003).
Breaking Down the IEP: Statement of Program Modifications
In addition to special education, services and supplementary aids and supports that are provided directly to the child, as discussed in the previous report, the written IEP document also includes those supports that are provided to school personnel. These modifications and supports may be critical to the child's ability to progress in his/her program and to the determination of the child's least restrictive environment, and this factor should not, therefore, be glossed over by the team or in the document.
The IDEA requires the written IEP document to include:
"a statement of the program modifications or supports for school personnel that will be provided for the child (aa) to advance toward attaining the annual goals; (bb) to be involved in and make progress in the general education curriculum... and to participate in extracurricular and other nonacademic activities; and (cc) to be educated and participate with other children with disabilities and nondisabled children in the activities described in [the IDEA]."
20 U.S.C. section 1414(d)(1)(A)(IV)
Program Modifications
Modifications generally involve changes to the program in terms of what a child is expected to produce or demonstrate within the curriculum. A change in the child's instructional level (i.e. reducing the grade level of what is presented) or a change in the content (i.e. reducing the amount or changing what is presented) can be program modifications. Likewise, if the format or performance criteria for tests and other curriculum-based achievement measures is substantially changed, so that what is being expected / tested is actually different, that would be considered a program modifications.
Modifications can be distinguished from reasonable accommodations. Accommodations can also be important to a child's individualized plan, but do not involve substantial alteration of what is expected in terms of performance and achievement within the curriculum. Accommodations may involve differences in how material is presented, how homework is given, how a test format looks, the setting, timing, etc. Accommodations in a classroom may involve preferential seating, repeated directions and reminders, etc, to assist the child in having an equal opportunity to learn.
Supports for School Personnel
These supports include "services that are provided to the teachers of a child with a disability to help them to more effectively work with the child." Comments to 1999 regulations, at page 12,593. These services could include collaboration and communication with other providers or supports provided within the classroom. "Supports for school personnel could also include special training for the child's teacher... [such training] would normally be targeted directly at assisting the teacher to meet a unique and specific need of the child, and not simply to participate in an inservice training program that is generally available within a public agency." Comments to 1999 regulations at page 12,593.
There is a difference, therefore, in training that is provided to everyone, versus training that is provided to this particular teacher based on this particular child's needs. However, even if the teacher is attending an inservice that is available to others, there may be an argument for having this documented in the IEP. The team needs to remain focused on the unique needs of this child, and if the teacher requires additional inservice training to meet those needs, training he/she would not require if this particular child were not to be placed in his/her classroom, then this is an appropriate part of the IEP document.
Relationship to Child's Goals and Individual Program
Program modifications and supports for personnel that should be included in the written IEP are those that are necessary for the child to make progress towards annual goals and towards general education curriculum. The IEP team needs to consider the child's individual goals, and how those goals will be met. Does the teacher require training, support or assistance to be able to provide the research-based specialized instruction that the team has determined to be appropraite? If so, that may need to be added to the IEP.
Relationship to General Education Curriculum and Least Restrictive Environment
The relationship between program modifications and supports for personnel to a child's access to the general education curriculum is so important that the IDEA specifies that the general education teacher participating in the development of the IEP must be involved in the determination of such modifications and supports, as well as any supplementary aids and services provided to the child. See 34 C.F.R. section 300.324(a).
Modifications to the program may be required in order for the child to be involved in and progress in the general education curriculum, and the necessity of such modifications should not be considered evidence that general education curriculum isn't appropriate. Rather, the IEP team needs to decide, and document, what modifications are appropriate on an individual basis so that the child can access the general education curriculum in a manner that is appropriate to his / her unique needs and learning difficulties while still allowing for progress.
A school district may state that if a child requires program modifications, rather than merely accommodations in the classroom, then it is not appropriate for that child to be in a general education classroom. This position is not consistent with the IDEA's preference for least restrictive environment, or with the statute's requirement that the written IEP document include a statement of program modifications that allow for the child to be involved in the general education curriculum and to be educated and participate with nondisabled peers.
Likewise, the IEP team needs to fully consider, and clearly document, supports for personnel that are required in order for the child to access general education curriculum and to access the Least Restrictive Environment. Maybe the general education teacher needs some in-service training related to the child's disability or to behavioral strategies or communication strategies so that the child can be in the general education classroom; if the training is required specifically to meet your child's individual needs, this in-service should be documented as a support for the personnel. Perhaps the teacher needs additional assistance in the classroom, even if the child does not individually require a 1:1 aide; if so, this support should be documented in the IEP. Even something like consultative time from the child's related services providers may be considered an important support for the teacher and staff. It is important that the general education teacher be an active participant in these discussions, and that the IEP document clearly indicate what supports will be provided.
The IDEA requires the written IEP document to include:
"a statement of the program modifications or supports for school personnel that will be provided for the child (aa) to advance toward attaining the annual goals; (bb) to be involved in and make progress in the general education curriculum... and to participate in extracurricular and other nonacademic activities; and (cc) to be educated and participate with other children with disabilities and nondisabled children in the activities described in [the IDEA]."
20 U.S.C. section 1414(d)(1)(A)(IV)
Program Modifications
Modifications generally involve changes to the program in terms of what a child is expected to produce or demonstrate within the curriculum. A change in the child's instructional level (i.e. reducing the grade level of what is presented) or a change in the content (i.e. reducing the amount or changing what is presented) can be program modifications. Likewise, if the format or performance criteria for tests and other curriculum-based achievement measures is substantially changed, so that what is being expected / tested is actually different, that would be considered a program modifications.
Modifications can be distinguished from reasonable accommodations. Accommodations can also be important to a child's individualized plan, but do not involve substantial alteration of what is expected in terms of performance and achievement within the curriculum. Accommodations may involve differences in how material is presented, how homework is given, how a test format looks, the setting, timing, etc. Accommodations in a classroom may involve preferential seating, repeated directions and reminders, etc, to assist the child in having an equal opportunity to learn.
Supports for School Personnel
These supports include "services that are provided to the teachers of a child with a disability to help them to more effectively work with the child." Comments to 1999 regulations, at page 12,593. These services could include collaboration and communication with other providers or supports provided within the classroom. "Supports for school personnel could also include special training for the child's teacher... [such training] would normally be targeted directly at assisting the teacher to meet a unique and specific need of the child, and not simply to participate in an inservice training program that is generally available within a public agency." Comments to 1999 regulations at page 12,593.
There is a difference, therefore, in training that is provided to everyone, versus training that is provided to this particular teacher based on this particular child's needs. However, even if the teacher is attending an inservice that is available to others, there may be an argument for having this documented in the IEP. The team needs to remain focused on the unique needs of this child, and if the teacher requires additional inservice training to meet those needs, training he/she would not require if this particular child were not to be placed in his/her classroom, then this is an appropriate part of the IEP document.
Relationship to Child's Goals and Individual Program
Program modifications and supports for personnel that should be included in the written IEP are those that are necessary for the child to make progress towards annual goals and towards general education curriculum. The IEP team needs to consider the child's individual goals, and how those goals will be met. Does the teacher require training, support or assistance to be able to provide the research-based specialized instruction that the team has determined to be appropraite? If so, that may need to be added to the IEP.
Relationship to General Education Curriculum and Least Restrictive Environment
The relationship between program modifications and supports for personnel to a child's access to the general education curriculum is so important that the IDEA specifies that the general education teacher participating in the development of the IEP must be involved in the determination of such modifications and supports, as well as any supplementary aids and services provided to the child. See 34 C.F.R. section 300.324(a).
Modifications to the program may be required in order for the child to be involved in and progress in the general education curriculum, and the necessity of such modifications should not be considered evidence that general education curriculum isn't appropriate. Rather, the IEP team needs to decide, and document, what modifications are appropriate on an individual basis so that the child can access the general education curriculum in a manner that is appropriate to his / her unique needs and learning difficulties while still allowing for progress.
A school district may state that if a child requires program modifications, rather than merely accommodations in the classroom, then it is not appropriate for that child to be in a general education classroom. This position is not consistent with the IDEA's preference for least restrictive environment, or with the statute's requirement that the written IEP document include a statement of program modifications that allow for the child to be involved in the general education curriculum and to be educated and participate with nondisabled peers.
Likewise, the IEP team needs to fully consider, and clearly document, supports for personnel that are required in order for the child to access general education curriculum and to access the Least Restrictive Environment. Maybe the general education teacher needs some in-service training related to the child's disability or to behavioral strategies or communication strategies so that the child can be in the general education classroom; if the training is required specifically to meet your child's individual needs, this in-service should be documented as a support for the personnel. Perhaps the teacher needs additional assistance in the classroom, even if the child does not individually require a 1:1 aide; if so, this support should be documented in the IEP. Even something like consultative time from the child's related services providers may be considered an important support for the teacher and staff. It is important that the general education teacher be an active participant in these discussions, and that the IEP document clearly indicate what supports will be provided.
Tuesday, July 28, 2009
Breaking Down the IEP: Statement of Special Education and Related Services
Inherently, an Individualized Education Plan should include documentation of the program to be offered to the student. The IDEA requires the written IEP document to include:
20 U.S.C. section 1414(d)(1)(A)(IV).
Description of special education and related services
"Special education" includes the specially designed instruction or other specialized program to be provided to the child in order to allow that child to make progress in general education, advance towards goals, and participate in activities with peers. Specially designed instruction is a hot topic, because often when discussing instruction, issues of specific curriculum or methodologies arise.
For purposes of the IEP document, the IDEA requires a specific statement of the special education to be provided to the child. While "methodology" and specific "curriculum" may be generally within the discretion of the District, if a student requires a specific program in order to receive FAPE, it may be necessary for that program to be described in the IEP document. In any event, the IEP should contain some description of what is to be provided.
Related services include those specific services that are included in a child's program in order to meet the child's needs and provide him/her educational benefit. If a related service is required in order for the child to receive a FAPE, it should be described in the IEP document, along with details about when and how this will be provided, as will be discussed in a future post. Related services include those services listed in the IDEA, such as speech therapy, occupational therapy, etc.
The US Department of Education has clarified that
Appendix A to 34 C.F.R. part 300, at Q.35.
The IEP document needs to state with specificity what services will be provided to the child. Some school districts believe that if a services is just a "part of their program" it doesn't have to be listed, but this isn't necessarily true and does not comport with what the statute requires. If the child is to be provided APE, for example, to meet his or her needs, the IEP document should state so, even if every other child in that class also happens to be provided with APE as part of the program.
Description of supplementary aids and services
Supplementary aids and services include related services, accommodations and supports, consultative services for teachers, etc. The statute specifies that supplementary aids and services to be provided to the child or on behalf of the child should be described in the IEP document. Examples of supplementary aids and services provided on behalf of the child may include training for a teacher or aid in a particular program or about a particular disability.
The phrase "supplementary aids and services" is also referred to within the language regarding Least Restrictive Environment, and it is important therefore to remember that within the requirement for a description of supplementary aids and services, the statute specifies that such supports be provided to "be involved in and make progress in general education curriculum." The presumption for Least Restrictive Environment requires that an IEP team consider the "full range of supplementary aids and services, that if provided would enable the child to participate in the general education environment," before moving that child to a more restrictive setting. See Questions and Answers on the LRE Requirements, OSERS, OSEP-95-9. Therefore, when discussing this portion of the IEP's required content, the team needs to document specifically what supports are required to ensure that the child be placed in the LRE and continue to receive an educational benefit there.
Supplementary aids and services is defined broadly as including any "aids, services and other supports that are provided in regular education classes or other education-related settings to enable children with disabilities to be educated with nondisabled children to the maximum extent appropriate." 20 U.S.C. section 1401(29). Any supplementary aids and services used to support the child in the LRE must be described in the written IEP document.
"Based on peer-reviewed research to the extent practicable"
The written IEP document includes a statement of special education and related services "based on peer-reviewed research to the extent practicable." The only guidance as to what "to the extent practicable" means is found in the Analysis of Comments and Changes to 2006 IDEA Part B regulations:
The Education Department explained that peer-reviewed research refers to "research that is reviewed by qualified and independent reviewers to ensure that the quality of the information meets the standards of the field before the research is published." Analysis of Comments and Changes to 2006 IDEA Part B Regulations, 71 Fed. Reg. 46664 (2006).
Although the substantive issues related to instruction and services based upon peer-reviewed research, and what that means in terms of what should be provided to an individual child, is a different topic altogether, peer-reviewed research is relevant to the discussion of required content for the written IEP. Because the statute specifies that an IEP is a written document that includes a statement of special education and related services based upon peer-reviewed research to the extent practicable, the written document should in fact address whether research supports the program offered by the school district. The decision of whether to write in a specific methodology into the IEP document is an IEP team decision. However, regardless of what methodology is utilized, the IEP document itself should document that it is based upon peer reviewed research, where applicable.
Relationship to Goals, General Education, and Progress
The requirement is that the IEP document special education and related services that will enable the child to make progress towards goals, participate and make progress towards general education curriculum, and be educated with and participate in activities with disabled and non-disabled peers. The IEP team must consider the goals that have been developed for the child, the child's unique needs related to his or her disability, and the child's needs related to how he/she will progress in general education curriculum, when determining what special education, related services, and supplementary aids and supports must be provided. To be clear, the IEP document should specify how the services, instruction and support will enable the child to meet his/ her goals and make progress towards general education curriculum.
This portion of an IEP's required written content may be the most complicated, and the most difficult to get right. Ultimately, if the IEP team remains focused on the child's needs, and how those needs relate to the services, instruction and supports being offered, then the document will be able to reflect clearly what will be provided and how that program provides FAPE. It is important, as with all portions of the IEP, that the District remember that ultimately, the IEP document needs to be clear enough to be understood by all of those involved in developing it and anyone potentially involved in implementing it. If sufficient details are included so that everyone can fully understand the special education and related services being offered, and parents can fully consider all aspects of the program, then a good clear IEP has been written.
"a statement of the special education and related services and supplementary aids and services based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child...(aa) to advance appropriately toward attaining the annual goals; (bb) to be involved in and make progress in the general education curriculum... and to participate in extracurricular and other nonacademic activities; and (cc) to be educated and participate with other children with disabilities and nondisabled children in the activities described [in the IDEA]."
20 U.S.C. section 1414(d)(1)(A)(IV).
Description of special education and related services
"Special education" includes the specially designed instruction or other specialized program to be provided to the child in order to allow that child to make progress in general education, advance towards goals, and participate in activities with peers. Specially designed instruction is a hot topic, because often when discussing instruction, issues of specific curriculum or methodologies arise.
For purposes of the IEP document, the IDEA requires a specific statement of the special education to be provided to the child. While "methodology" and specific "curriculum" may be generally within the discretion of the District, if a student requires a specific program in order to receive FAPE, it may be necessary for that program to be described in the IEP document. In any event, the IEP should contain some description of what is to be provided.
Related services include those specific services that are included in a child's program in order to meet the child's needs and provide him/her educational benefit. If a related service is required in order for the child to receive a FAPE, it should be described in the IEP document, along with details about when and how this will be provided, as will be discussed in a future post. Related services include those services listed in the IDEA, such as speech therapy, occupational therapy, etc.
The US Department of Education has clarified that
"the amount of services to be provided must be stated in the IEP, so that the level of the agency's commitment of resources will be clear to parents and other IEP team members. The amount of time to be committed to each of the various services to be provided must be (1) appropriate to that specific services, and (2) stated in the IEP in a manner that is clear to all who are involved in both the development and the implementation of the IEP."
Appendix A to 34 C.F.R. part 300, at Q.35.
The IEP document needs to state with specificity what services will be provided to the child. Some school districts believe that if a services is just a "part of their program" it doesn't have to be listed, but this isn't necessarily true and does not comport with what the statute requires. If the child is to be provided APE, for example, to meet his or her needs, the IEP document should state so, even if every other child in that class also happens to be provided with APE as part of the program.
Description of supplementary aids and services
Supplementary aids and services include related services, accommodations and supports, consultative services for teachers, etc. The statute specifies that supplementary aids and services to be provided to the child or on behalf of the child should be described in the IEP document. Examples of supplementary aids and services provided on behalf of the child may include training for a teacher or aid in a particular program or about a particular disability.
The phrase "supplementary aids and services" is also referred to within the language regarding Least Restrictive Environment, and it is important therefore to remember that within the requirement for a description of supplementary aids and services, the statute specifies that such supports be provided to "be involved in and make progress in general education curriculum." The presumption for Least Restrictive Environment requires that an IEP team consider the "full range of supplementary aids and services, that if provided would enable the child to participate in the general education environment," before moving that child to a more restrictive setting. See Questions and Answers on the LRE Requirements, OSERS, OSEP-95-9. Therefore, when discussing this portion of the IEP's required content, the team needs to document specifically what supports are required to ensure that the child be placed in the LRE and continue to receive an educational benefit there.
Supplementary aids and services is defined broadly as including any "aids, services and other supports that are provided in regular education classes or other education-related settings to enable children with disabilities to be educated with nondisabled children to the maximum extent appropriate." 20 U.S.C. section 1401(29). Any supplementary aids and services used to support the child in the LRE must be described in the written IEP document.
"Based on peer-reviewed research to the extent practicable"
The written IEP document includes a statement of special education and related services "based on peer-reviewed research to the extent practicable." The only guidance as to what "to the extent practicable" means is found in the Analysis of Comments and Changes to 2006 IDEA Part B regulations:
"The phrase to the extent practicable generally means that services and supports should be based on peer reviewed research to the extent that it is possible, given the availability of peer reviewed research."71 Fed. Reg. 46565 (Aug. 14, 2006)
The Education Department explained that peer-reviewed research refers to "research that is reviewed by qualified and independent reviewers to ensure that the quality of the information meets the standards of the field before the research is published." Analysis of Comments and Changes to 2006 IDEA Part B Regulations, 71 Fed. Reg. 46664 (2006).
Although the substantive issues related to instruction and services based upon peer-reviewed research, and what that means in terms of what should be provided to an individual child, is a different topic altogether, peer-reviewed research is relevant to the discussion of required content for the written IEP. Because the statute specifies that an IEP is a written document that includes a statement of special education and related services based upon peer-reviewed research to the extent practicable, the written document should in fact address whether research supports the program offered by the school district. The decision of whether to write in a specific methodology into the IEP document is an IEP team decision. However, regardless of what methodology is utilized, the IEP document itself should document that it is based upon peer reviewed research, where applicable.
Relationship to Goals, General Education, and Progress
The requirement is that the IEP document special education and related services that will enable the child to make progress towards goals, participate and make progress towards general education curriculum, and be educated with and participate in activities with disabled and non-disabled peers. The IEP team must consider the goals that have been developed for the child, the child's unique needs related to his or her disability, and the child's needs related to how he/she will progress in general education curriculum, when determining what special education, related services, and supplementary aids and supports must be provided. To be clear, the IEP document should specify how the services, instruction and support will enable the child to meet his/ her goals and make progress towards general education curriculum.
This portion of an IEP's required written content may be the most complicated, and the most difficult to get right. Ultimately, if the IEP team remains focused on the child's needs, and how those needs relate to the services, instruction and supports being offered, then the document will be able to reflect clearly what will be provided and how that program provides FAPE. It is important, as with all portions of the IEP, that the District remember that ultimately, the IEP document needs to be clear enough to be understood by all of those involved in developing it and anyone potentially involved in implementing it. If sufficient details are included so that everyone can fully understand the special education and related services being offered, and parents can fully consider all aspects of the program, then a good clear IEP has been written.
Friday, July 24, 2009
Related Services: Counseling
Under the IDEA Counseling is a related service, defined as services provided by qualified social workers, psychologists, guidance counselors, or other qualified personnel. See CFR 300.34(c)(2).
Related services include psychological counseling when it is required for a student to receive FAPE. See 34 CFR 300.34(c)(10). A school district, however, may be required to provide psychological counseling services even in situations where counseling is not needed primarily for educational purposes. In Doe v. Anring, the court found that psychotherapy and group therapy were required to assist the student to benefit from special education and were therefore "related services" under federal law. See Doe v. Anrig, 558 IDELR 278 (D. Mass. 1987).
If a student has emotional and behavioral disorders they may be entitled to receiving counseling services for therapeutic as well as educational benefit. If a student is emotionally or behaviorally disturbed, the connection between improving emotional difficulties, coping skills or social skills and increasing a student's ability to benefit from special education is fairly clear. In Sacramento City Unified School District, the student in question had intellectual abilities in the high average range but his classroom performance was below his ability. He displayed little to no behavior issues within the confines of the structured classroom setting but out of the classroom his behaviors included physical abuse of other children. The court found that he qualified for special education and related services, including counseling. See Sacramento City Unified School District, 509 IDELR 171 (SEA CA 1987).
Psychotherapy can either be a related service or a medical service, for which the LEA would not be responsible. The distinction is drawn based on the identity of the provide and the relation of the therapy to the child's educational needs. Typically, services that can only be provided by a psychiatrist are classified as medical services. If the psychotherapy services can be provided by other professionals, such as social workers, psychologists or guidance counselors, then those services will be considered related services if they are required to assist a child benefit from his or her special education.
Fast Fact Friday: Core Academic Subjects
The IDEA refers to the No Child Left Behind for a definition of the term "core academic subjects." See 20 U.S.C. section 1401(4). No Child Left Behind provides the following definition:
20 U.S.C. section 7801.
The relevance of defining core academic subjects is that under the IDEA and NCLB, a special education teacher who teaches core academic subjects to students with disabilities must be "highly qualified" in the subject he/she teaches. To meet the requirements, the teacher must be "highly qualified" as a special education teacher, meaning that he/she meets the certification, education and licensing requirements under the IDEA and state law, plus meet the requirements to be considered "highly qualified" in the subjects themselves. This does not apply to teachers who are exclusively teaching students who are assessed using alternative achievement standards.
Special education teachers in self-contained classroom settings may be teaching multiple subjects to their students. The IDEA addresses this situation by setting specific standards relevant to any special education teacher who teaches two or more core academic subjects exclusively to students with disabilities. Those teachers meet applicable standards if they either (i) meet the requirements of NCLB for highly qualified teachers; (ii) for teachers who are "not new," demonstrate competence in all of the core academic subjects in which the teacher teaches in the same manner; or (iii) for teachers who are new and are "highly qualified" in math, language arts or science, demonstrate competence in other core academic subjects in which the teacher teaches. 20 U.S.C. section 1401 (10)(D).
Students with disabilities need to learn and progress in core academic subjects, and the purpose of incorporating these requirements into the IDEA was to ensure that students with disabilities have the same right to competent, qualified instruction in the core academics as their non-disabled peers.
CORE ACADEMIC SUBJECTS- The term core academic subjects' means English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography.
20 U.S.C. section 7801.
The relevance of defining core academic subjects is that under the IDEA and NCLB, a special education teacher who teaches core academic subjects to students with disabilities must be "highly qualified" in the subject he/she teaches. To meet the requirements, the teacher must be "highly qualified" as a special education teacher, meaning that he/she meets the certification, education and licensing requirements under the IDEA and state law, plus meet the requirements to be considered "highly qualified" in the subjects themselves. This does not apply to teachers who are exclusively teaching students who are assessed using alternative achievement standards.
Special education teachers in self-contained classroom settings may be teaching multiple subjects to their students. The IDEA addresses this situation by setting specific standards relevant to any special education teacher who teaches two or more core academic subjects exclusively to students with disabilities. Those teachers meet applicable standards if they either (i) meet the requirements of NCLB for highly qualified teachers; (ii) for teachers who are "not new," demonstrate competence in all of the core academic subjects in which the teacher teaches in the same manner; or (iii) for teachers who are new and are "highly qualified" in math, language arts or science, demonstrate competence in other core academic subjects in which the teacher teaches. 20 U.S.C. section 1401 (10)(D).
Students with disabilities need to learn and progress in core academic subjects, and the purpose of incorporating these requirements into the IDEA was to ensure that students with disabilities have the same right to competent, qualified instruction in the core academics as their non-disabled peers.
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