IEP Under ENDREW • This information must include how the child's disability affects the child's involvement and progress in the general education curriculum PowerPlugs Templates for PowerPoint Preview 25
IEP Under ENDREW • In order to make FAPE available to each eligible SWD, the child’s IEP must be designed to enable the child to be involved in, and make progress in, the general education curriculum. • The term “general education curriculum” is “the same curriculum as for nondisabled children PowerPlugs Templates for PowerPoint Preview 26
IEP Under ENDREW • In Endrew F., “the IEP must aim to enable the child to make progress.” • Determining an appropriate and challenging level of progress is an individualized determination that is unique to each child. PowerPlugs Templates for PowerPoint Preview 27
IEP Under ENDREW • When making this determination about adequate progress, each child’s IEP Team must consider: • the child’s present levels of performance • other factors such as the child’s previous rate of progress • and any information provided by the child’s parents. PowerPlugs Templates for PowerPoint Preview 28
• Individualized decision-making is required in the IEP process. • This decision-making continues to “require careful consideration of the child’s present levels of achievement, • disability, • and potential for growth PowerPlugs Templates for PowerPoint Preview 29
Alternate Standards • There is a small number of children—those with the most significant cognitive disabilities—whose performance can be measured against alternate academic achievement standards. • Alternate academic achievement standards also must be aligned with the State’s grade-level content standards. PowerPlugs Templates for PowerPoint Preview 30
IEP Under ENDREW • Annual IEP goals for children with the most significant cognitive disabilities should be appropriately ambitious, based on the State’s content standards, • and “reasonably calculated to enable the child to make progress appropriate in light of the child’s circumstances.” PowerPlugs Templates for PowerPoint Preview 31
IEP Under ENDREW • The Court’s decision in Endrew F., clarifies that the standard for determining whether an IEP is sufficient to provide FAPE is: • Whether the child is offered an IEP reasonably calculated to enable the child to make progress that is appropriate in light of the child’s circumstances. • At least once a year, IEP Teams must review the child's IEP to determine whether the annual goals for the child are being achieved PowerPlugs Templates for PowerPoint Preview 32
IEP Under ENDREW • Although the public agency is responsible for determining when it is necessary to conduct an IEP Team meeting, the parents of a child with a disability have the right to request an IEP Team meeting at any time. • If a child is NOT making progress at the level the IEP Team expected, despite receiving all the services and supports identified in the IEP, the IEP Team must meet to review and revise the IEP if necessary, to ensure the child is receiving appropriate interventions, special education and related services and supplementary aids and services, and to ensure the IEP’s goals are individualized and ambitious. PowerPlugs Templates for PowerPoint Preview 33
IEP Under ENDREW • Where necessary to provide FAPE, IEPs must include consideration of behavioral needs in the development, review, and revision of IEPs. • IEP Teams must consider and, if necessary to provide FAPE, include appropriate behavioral goals and objectives and other appropriate services and supports in the IEPs of children whose behavior impedes their own learning or the learning of their peers. PowerPlugs Templates for PowerPoint Preview 34
IEP Under ENDREW • It is ESSENTIAL to make individualized determinations about what constitutes appropriate instruction and services for each SWD AND the placement in which that instruction and those services can be provided to the child. • There is no “one-size-fits-all” approach to educating children with disabilities. • Rather, placement decisions must be individualized and made consistent with a child’s IEP PowerPlugs Templates for PowerPoint Preview 35
Continuum of Placements • The IDEA Part B regulations specify that each public agency must ensure a Continuum of Alternative Placements including: • instruction in regular classes, • special classes, • special schools, • home instruction, • placement in private schools, • and instruction in hospitals and institutions is available to meet the needs of SWDs for special education and related services PowerPlugs Templates for PowerPoint Preview 36
IEP Under ENDREW • IEP Teams must implement policies, procedures, and practices relating to: • (1) identifying present levels of academic achievement and functional performance; • (2) the setting of measurable annual goals, including academic and functional goals; • and (3) how a child’s progress toward meeting annual goals will be measured and reported, so that the Endrew F.standard is met for each individual SWD. PowerPlugs Templates for PowerPoint Preview 37
IEP Under ENDREW • IEP Teams and other school personnel should be able to demonstrate that, consistent with the provisions in the child’s IEP, they: • are providing special education and related services and supplementary aids and services; • making program modifications; • providing supports for school personnel;. PowerPlugs Templates for PowerPoint Preview 38
IEP Under ENDREW • Allowing for appropriate accommodations that are reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances • and enable the child to have the chance to meet challenging objectives PowerPlugs Templates for PowerPoint Preview 39
Private Placment • As reflected in Endrew F., the IDEA provides a mechanism whereby parents may opt to place their child in a private school setting in circumstances where they believe FAPE has been denied. • • If a court or hearing officer determines that a school failed to make FAPE available in a timely manner prior to enrollment in a private school setting, • that the private placement is appropriate, • and that the parents provided notice to the school district, • parents MAY RECOVER the costs of the private placement PowerPlugs Templates for PowerPoint Preview 40
The Six Guiding Principles of IDEA PowerPlugs Templates for PowerPoint Preview 41
The Six Guiding Principles of IDEA • Complete, individualized evaluation : All areas of the suspected disability must be assessed, including any specific parental concerns. • The results of this assessment must be comprehensive enough to identify all of the student’s relevant academic and functional needs in order to guide future instructional decisions. PowerPlugs Templates for PowerPoint Preview 42
The Six Guiding Principles of IDEA • Free appropriate public education (FAPE) : Each eligible SWD—one whose disability adversely affects school performance—is entitled to a FAPE that is individualized to meet his or her unique needs and provided in conformity with that student’s IEP. PowerPlugs Templates for PowerPoint Preview 43
The Six Guiding Principles of IDEA • Individualized education program (IEP) : An IEP is a written statement of the special education services provided to meet the unique needs of a SWD between the ages of 3 and 21. • The IEP, a blueprint of the student’s FAPE, is developed in collaboration with the student’s parents. PowerPlugs Templates for PowerPoint Preview 44
The Six Guiding Principles of IDEA • Least restrictive environment (LRE) : The FAPE is to be provided alongside peers without disabilities in the general education settings to the greatest extent possible. • Removal from the general education setting should ONLY occur in instances when the nature or severity of the disability is such that an appropriate education cannot be satisfactorily achieved in that setting PowerPlugs Templates for PowerPoint Preview 45
The Six Guiding Principles of IDEA • Parent participation : The most basic of IDEA’s requirements is that parents are full and equal participants with the school district personnel on their child’s IEP team—a group that includes a variety of education professionals, the student’s parents, and the student, when appropriate PowerPlugs Templates for PowerPoint Preview 46
The Six Guiding Principles of IDEA • Procedural safeguards : In addition to the right to active participation, parents have additional rights that include: • Giving informed written consent for their child to be evaluated, • To seek an independent evaluation if they feel compelled to do so • Access to their child’s educational records • Dispute resolution through steps that can include state complaint, mediation, a resolution session, and/or a due process hearing • Explanation of these rights in writing, and in their native language when possible PowerPlugs Templates for PowerPoint Preview 47
SEA Responsibility • Though IDEA requires states to meet its requirements, the law does allow states to interpret, apply, and pass their own laws regarding SWDs. • State special education laws are NOT allowed to contradict or provide LESS than what IDEA stipulates; however, they CAN provide MORE PowerPlugs Templates for PowerPoint Preview 48
IEP Under ENDREW Develop an educationally meaningful high-quality IEP that meets the needs of SWDs Involve parents in the IEP process •Conduct a thorough, individualized evaluation •Adhere to required timelines PowerPlugs Templates for PowerPoint Preview 49
IEP Under ENDREW Ensure attendance at IEP meetings by all necessary team members Include the necessary components and content in the IEP Implement the special education services as written in the IEP PowerPlugs Templates for PowerPoint Preview 50
Procedural Errors • A few of the more common procedural errors: • Failure to involve parents in the IEP process • Predetermining a student’s placement or services • Determining placement before programming • Failure to assemble an appropriate IEP team • Failure to include required components in a student’s IEP PowerPlugs Templates for PowerPoint Preview 51
IEP Under ENDREW Component Content Present levels of These statements summarize the student’s academic abilities in both academic and/or functional achievement and skill areas and include how the student’s functional disability affects their involvement in the performance general education curriculum. (PLAAFP) Challenging, These goals describe what the student is ambitious, and expected to accomplish, in academics and/or measurable goals functional skills, in a 12-month period. The goals help IEP team personnel determine whether the student is making educational gains and whether the program is providing meaningful educational benefit. PowerPlugs Templates for PowerPoint Preview 52
IEP Under ENDREW Description of special This is a statement of all of the education and related services educational services to be and supplementary services provided by the school in order to help the student meet their annual goals. These services should be based on peer- reviewed research to the greatest extent possible and be provided in the LRE. Method for measuring and This is a description of how the reporting progress student’s progress toward the annual goals will be measured and how and when school personnel will inform parents about that progress (e.g., quarterly reports, concurrent with the timing of report cards). PowerPlugs Templates for PowerPoint Preview 53
IEP Under Endrew Explanation of the extent the The “reverse phrasing” of this student will not be educated requirement is purposeful. IDEA with nondisabled students in requires the IEP team to justify the general education setting any decision that removes the student from the general education setting. Statement of student’s This not only includes the extent participation in state and to which the student will district-wide assessments participate but also any testing accommodations or modifications that he/she may require. PowerPlugs Templates for PowerPoint Preview 54
IEP Under ENDREW The date of service initiation, Service initiation—the date that frequency, duration, location the special education and related services identified in the IEP begins—should start as soon as possible. The frequency (e.g., number of times per week) and duration (e.g., length of time for each session) specify the amount of services to be provided to the student, clarifying the level of resource commitment. The location where the services will be provided, or placement, cannot be determined until all of the other IEP components have been determined. PowerPlugs Templates for PowerPoint Preview 55
Reasonably Calculated • Reasonably calculated: • The “reasonably calculated” standard recognizes that developing an appropriate IEP requires a prospective judgment by the IEP team. • PowerPlugs Templates for PowerPoint Preview 56
Reasonably Calculated • The Team will make decisions that are informed by: • their own expertise, • the progress of the student, • the student’s potential for growth, • and the views of the student’s parents PowerPlugs Templates for PowerPoint Preview 57
Reasonably Calculated • . In determining whether an IEP is reasonably calculated to enable a student to make progress, the IEP team should consider factors such as: • The student’s previous rate of academic growth • Whether the student is on track to achieve or exceed grade-level proficiency • Any behaviors interfering with the student’s progress • Additional information and input provided by the student’s parents PowerPlugs Templates for PowerPoint Preview 58
Progress • Progress appropriate in light of a child’s circumstances: • SCOTUS did not specifically define the phrase ” in light of the child’s circumstances” , • SCOTUS emphasized the individualized decision-making required in the IEP process • AND the need to ensure that EVERY SWD should have the chance to meet challenging objectives.. PowerPlugs Templates for PowerPoint Preview 59
Reasonably Calculated • “The IEP is NOT a form document. It is constructed only after careful consideration of the child’s present levels of achievement, disability, and potential for growth.” • Endrew F. v. Douglas County School District, 2017, p. 14 • According to SCOTUS, the educational benefit requirement of IDEA is satisfied and a student has received a FAPE if the student’s IEP sets out an educational program that is ‘reasonably calculated to enable the child to make progress appropriate in light of his circumstance.’ • Endrew F. v. Douglas County School District, 2017, p. 16 PowerPlugs Templates for PowerPoint Preview 60
Educational Benefit • Substantive requirements involve the actual content of the IEP and focus on the educational benefit conferred by a student’s IEP. • The Special Ed program MUST be aspirational, in that it maintains high expectations while enabling the student to make meaningful progress, given the student’s unique needs . PowerPlugs Templates for PowerPoint Preview 61
PLAAFP Under ENDREW • At a minimum, the PLAAFP statement must contain information that: • Describes the student’s needs in an academic and/or functional skill area • States the impact of the student’s disability on their involvement in the general education curriculum • Documents the student’s current levels of performance, which will serve as baseline data to measure his/her subsequent progress • Informs the annual goals and the appropriate special education services and supports required to meet those goals PowerPlugs Templates for PowerPoint Preview 62
PLAAFP Under ENDREW Student Needs Information on the What are: • The student’s student’s current academic and/or strengths? • The main areas of functional needs concern (e.g., academic, functional) and how do these concerns relate to district or state standards and benchmarks and the student’s postsecondary interests? • The parents’ concerns? • The student’s instructional preferences? • The results from the evaluation (e.g., standardized tests, progress monitoring data)? • Ways in which the student’s strengths can help address the identified areas of concern? PowerPlugs Templates for PowerPoint Preview 63
PLAAFP Under ENDREW Effect on Progress An explanation of How does the in General how the disability student’s disability Education affects the student’s affect their: • Involvement in involvement and progress in the general education? • Access to the general general education curriculum education curriculum? • Progress in the general education curriculum? PowerPlugs Templates for PowerPoint Preview 64
PLAAFP Under ENDREW Baseline Baseline data for Are the data being Information monitoring student reviewed to progress determine whether the student is making progress: • Specific? • Objective? • Measurable? • Something that can be collected frequently? And do these data relate to: • Identified areas of concern? • State content standards? PowerPlugs Templates for PowerPoint Preview 65
PLAAFP Under ENDREW Connection to Goals Bridge between the Is there enough and/or Services PLAAFP statement information in the and an annual goal PLAAFP to develop a challenging, ambitious, measurable annual goal? Is there enough information in the PLAAFP to determine what special education, related services, accommodations, and program modifications are needed? PowerPlugs Templates for PowerPoint Preview 66
MEASURABLE Annual Goals Under ENDREW • Measurable annual goals describe what the student is reasonably expected to accomplish in a 12-month period, when provided with appropriate special education services. • Each measurable annual goal should: • Address academic and/or functional needs identified in a PLAAFP statement • Be guided by grade-level content standards and therefore tied to participation in the general education curriculum PowerPlugs Templates for PowerPoint Preview 67
MEASURABLE Annual Goals Under ENDREW • Include benchmarks or short-term objectives (for students taking alternate assessments aligned to alternate achievement standards) • Help IEP team members determine whether a student is making educational progress and whether the special education program is providing meaningful educational benefit • Lead to a corresponding special education service PowerPlugs Templates for PowerPoint Preview 68
Measurable Annual Goals Under ENDREW • To begin the process of writing measurable annual goals, the IEP team should: • Start with the academic and functional needs identified in the PLAAFP statements • Identify any relevant state academic standards for the student’s grade • Discuss what the student should be able to achieve during the next 12 months PowerPlugs Templates for PowerPoint Preview 69
MEASURABLE Annual Goals Under ENDREW • Although IDEA requires IEP goals to be measurable, courts have ruled that they must also be ambitious and challenging . • IEP teams should have high expectations for the student and create goals that are ambitious and challenging enough to make meaningful progress. • Additionally, goals should be realistic, based on the team’s knowledge of the student’s unique circumstances. PowerPlugs Templates for PowerPoint Preview 70
MEASURABLE Annual Goals Under ENDREW • Goals that contain all four elements— • target behavior, • condition, • performance criteria, • and timeframe— • may be considered “complete” in a technical sense, but those that are also ambitious and challenging are more likely to meet the Endrew substantive standard PowerPlugs Templates for PowerPoint Preview 71
MEASURABLE Annual Goals Under ENDREW • “[The] educational program [for a SWD] must be appropriately ambitious in light of [a child’s] circumstances, just as advancement from grade to grade is appropriately ambitious for most children in the regular classroom. • The goals may differ, but every child should have the chance to meet challenging objectives.” • Endrew F. v. Douglas County School District, 2017, p. 14 PowerPlugs Templates for PowerPoint Preview 72
MEASURABLE Annual Goals Under ENDREW • Goals that are not ambitious and challenging may be readily achieved but do not result in meaningful progress for the student. • Such goals may render the IEP inappropriate. PowerPlugs Templates for PowerPoint Preview 73
MEASURABLE Annual Goals Under ENDREW • Endrew recognizes that teams should have high expectations for the progress of a student and should craft challenging and ambitious IEP goals. • However, goals should not be so ambitious that there is little chance that a student will actually achieve them PowerPlugs Templates for PowerPoint Preview 74
EBPs • The student at the center of the Endrew case, Drew, had significant behavioral challenges, yet he made progress in the private school, which developed a behavioral intervention plan (BIP). His success points to two key considerations for IEP teams when they begin to determine special education services and supports: • The services should address all of the student’s needs • The services should include evidence-based practices whenever possible. PowerPlugs Templates for PowerPoint Preview 75
EBPs • “States, school districts, and school personnel must, therefore, select and use methods that research has shown to be effective, to the extent that methods based on peer-reviewed research are available… • The final decision about the special education and related services, and supplementary aids and services that are to be provided to the child must be made by the child’s IEP Team based on the child’s individual needs”. • U.S. Department of Education, Federal Register, Vol. 71 No. 156, 46665 PowerPlugs Templates for PowerPoint Preview 76
EBPs • IDEA requires that a student’s services and supports be based on peer- reviewed research (i.e., evidence-based practices) “to the extent practicable.” • However, due to inherent difficulties posed by research, limited time, and lack of funding, not all educational practices and programs have been subjected to rigorous research PowerPlugs Templates for PowerPoint Preview 77
Behavior • An IEP that does not address behavioral challenges may fail to provide FAPE to a student with behavior problems. • Litigation has clarified that FAPE is denied when schools and/or IEP teams fail to: • Consider the inclusion of PBIS in response to the student’s behavior • Schedule an IEP meeting to review the IEP to address behavioral concerns after a reasonable parental request or school-based personnel become aware of problem behaviors PowerPlugs Templates for PowerPoint Preview 78
BEHAVIOR • Discuss concerns of parents or school personnel about the student’s behavior and its effects on the student’s learning during an IEP meeting • Implement the behavior supports in the IEP. • FAPE can also be jeopardized when behavioral supports are NOT included in the IEP or that are NOT appropriate for the student are implemented. PowerPlugs Templates for PowerPoint Preview 79
PROGRESS • IDEA requires that every IEP contain a component in which IEP teams document: • How a student’s progress toward meeting each annual goal will be measured • When periodic reports on that progress will be provided to parents PowerPlugs Templates for PowerPoint Preview 80
PROGRESS MONITORING • The most appropriate progress monitoring systems are those in which objective numerical data are: • collected frequently, • graphed, • analyzed, • and then used to make instructional decisions.. PowerPlugs Templates for PowerPoint Preview 81
PROGRESS MONITORING • Anecdotal data and other subjective procedures are NOT appropriate for monitoring student progress and should NOT be the basis of a progress monitoring system PowerPlugs Templates for PowerPoint Preview 82
PROGRESS MONITORING How will the student’s progress Do: Use objective measures (e.g., be objectively measured? data that can be reported in numbers rather than words). Examples: • Behavior observation checklists • Progress monitoring probes (e.g., reading, math) • Unit or chapter test scores Don’t: Use subjective measures. Examples: • Anecdotal reports • Teacher or student perception PowerPlugs Templates for PowerPoint Preview 83
PROGRESS MONITORING • A substantive standard not focused on student progress would do little to remedy the pervasive and tragic academic stagnation that prompted Congress to act. • Endrew F. v. Douglas County School District, 2017, p. 11 PowerPlugs Templates for PowerPoint Preview 84
PROGRESS MONITORING • To determine whether the student is making progress, IEP teams must create and implement a high-quality plan that allows them to systematically and consistently monitor and report the student’s progress toward meeting his/her annual goals. • This plan must include a process for collecting objective data that can document improved academic and/or functional performance PowerPlugs Templates for PowerPoint Preview 85
PROGRESS MONITORING • If the data indicate that a SWD is not on track to meet annual goals, the IEP team should make adjustments to the education program and continue to monitor accordingly. • Failure to make such adjustments, when data indicate the need, could result in a ruling that a school had denied FAPE PowerPlugs Templates for PowerPoint Preview 86
COMMON ERRORS • Common substantive errors: • Failing to conduct a complete and individualized evaluation of a student's needs • Failing to include all of a student's educational needs in the PLAAFP • Failing to write challenging, ambitious, and measurable annual IEP goals PowerPlugs Templates for PowerPoint Preview 87
COMMON ERRORS • Failing to provide special education services that address all of a student's educational needs • Placing students for reasons unrelated to their individual needs • Failing to adhere to the continuum of alternative placements • Failing to monitor students’ progress PowerPlugs Templates for PowerPoint Preview 88
SUMMARY PowerPlugs Templates for PowerPoint Preview 89
SUMMARY: IEP Under ENDREW • Ensure that the IEP process (the how and when of IEP development) is followed: • Referral • Evaluation • Eligibility determination • IEP development • IEP implementation • Annual review • Reevaluation PowerPlugs Templates for PowerPoint Preview 90
IEP Under ENDREW • Ensure that the IEP contains all of the required information: • PLAAFP statements • Measurable annual goals • Description of special education and related services and supplementary services • Method for measuring and reporting progress • Explanation of the extent the student will not be educated with nondisabled students in the general education setting • Statement of student’s participation in state and district-wide assessments • The date of service initiation, frequency, duration, and location PowerPlugs Templates for PowerPoint Preview 91
IEP Under ENDREW • Ensure that the quality of the IEP content (the what of IEP development) is sufficient to enable the student to progress: • PLAAFP statements — Based on a thorough evaluation, address each of a student’s needs, and is sufficient to both serve as a baseline and inform the annual goals • Measurable annual goals — Based on the PLAAFP statements, are sufficiently challenging and ambitious to confer meaningful educational benefit PowerPlugs Templates for PowerPoint Preview 92
IEP Under ENDREW • Description of special education and related services and supplementary services — • Based on the annual goals • Using EBPs as much as possible, are sufficient to help the student make progress toward meeting academic and/or functional annual goals PowerPlugs Templates for PowerPoint Preview 93
IEP Under ENDREW • Method for measuring and reporting progress — • Based on the annual goals, includes a plan for collecting objective data and reporting progress to parents, • Ensure that changes are made if the student’s progress is not adequate (i.e., data-based decisions) PowerPlugs Templates for PowerPoint Preview 94
DATA to Support ENDREW PowerPlugs Templates for PowerPoint Preview 95
NAEP Data • Twenty-four percent (24.8%) of grade 4 students in New Mexico scored ‘At or above Proficient’ on the 2017 NAEP READING assessment. PowerPlugs Templates for PowerPoint Preview 99
NAEP Data • Twenty-four percent (24.4%) of grade 8 students in New Mexico scored ‘At or above Proficient’ on the 2017 NAEP READING assessment PowerPlugs Templates for PowerPoint Preview 100
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