An Individualized Education Program (IEP) is an annual written plan that provides documentation for students with disabilities receiving special education under the Individuals with Disabilities Education Improvement Act (IDEIA). The IEP includes special education, related services, supplementary aids and services necessary for the students to meet goals and objectives.
You (Parents) have the right to actively participate in meetings with respect to:
– Identification, evaluation, educational placement of your child
– Provision of Free, Appropriate, Public Education (FAPE) to your child

You:
Provide critical information regarding the strengths and needs of your child and express your concerns for enhancing the education of your child.

Participate in discussions about your child’s:
– Special education eligibility
– Special education services
– Related services
– Supplemental aids and services
– How your child will be involved and progress in the general curriculum
– How your child will participate in state and district-wide assessments
– What school services the school will provide including by type and amount service

You are an equal partner on your child’s IEP team.
• Are the expert on your child
• You are your child’s best advocate
• You will be constantly and consistently involved in your child’s life
• Have the right to participate in IEP related meeting regarding your child
• Your participation must be meaningful and actively engaged
• School staff members must ensure that you participate

Do IEP team members (school staff) encourage your active participation?
• Do you think you are viewed as an equal member of the team?
• Has there been enough time scheduled for the meeting?
• Who are you sitting by? Think about the seating arrangement – who is sitting by whom, where are you encouraged to sit, what is the size of the table and chairs?
• Is the environment welcoming?
Who is sitting next to you?
Are you offered coffee/water?
What room are you in? It is comfortable? Private?
What size area the table and chairs?
Who is seating at the head of the table?
Do staff members have their own coffee mug and bring it in?
Are there other people who are not IEP team members in the room?
• Are staff members talking with you or to you?
• Are staff members using jargon? If so, are they explaining the jargon?
• Are they asking you your opinion? Are they asking if you have questions? Are they asking you questions?
• How are staff members talking to each other?
• Are staff members coming and going throughout the meeting?
• Is someone taking notes?
• Is the meeting a collaborative process?
• How and when are decisions made? Who is making decisions?
Consensus? Majority rules? Everyone’s input is wanted?
• Are there cultural and language issues that might make you uncomfortable?

The school can’t develop, change, or implement the IEP without your consent.
• You must respond on the signature page within 14 calendar days of receiving an Individualized Education Program (IEP). If you do not respond within 14 days and it is not the initial (first) IEP, the IEP will go into effect.
• It is recommended that you respond on the signature page the school has given to you.

Arc Guide to IEP

Arc Guide to Prior Written Notice

Arc Guides to Supplemental Aids and Supports

Arc Guide to Related Services in Special Education

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The post Arc Guide to Parent Participation in an IEP Meeting first appeared on The Arc Minnesota.

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Advocacy is:

• An action taken to effect a desired outcome.
• Essential in maintaining or improving the quality of life for individuals.

Advocacy involves a person with Intellectual and Developmental Disabilities (IDD) becoming empowered to speak for oneself with assistance from others if needed.

Individuals, including a person with an IDD know themselves best and is usually the best advocate.  Parents, family members and friends can be helpful partners in advocacy.

Advocacy involves:

• Knowing what is important and helpful to you
• Knowing what you want and be able to explain how it will help
• Finding and sharing things that can work
• Creating a process to change “what is” into “what should be”
• Directly communicating to get at issues/concerns
• Brainstorming about options/resources and creating new ones
• Having an understanding of laws, rules and policies
• Knowing what your strengths and needs are
• Being persistent
• Listening and hearing others thoughts/opinions

Communicating with professionals:

Communicating with professionals is part of all our lives. When an individual receives services, multiple people are working together to help determine and arrange for services.

• Use “I” statements whenever possible. I statements force us to take responsibility for what we are thinking, feeling and saying.
• Be respectful. People have different opinions to solutions. Be open to listening to others viewpoints.
• Be careful with what you say and how you say it. Think before reacting.
• If you disagree, state why, what you disagree with and give a solution or alternative.
• Ask questions and listen to the answers. Ask for clarification when necessary and repeat to check for understanding.
• Ask for clarity around jargon or abbreviations used. Again, make certain you understand what is being said.
• At times teams can’t agree. Make sure you think about your best and worst solution.  What are you willing to live with?
• Feelings vs facts. Separate facts from feelings.  Feelings can be helpful and at times not allow us to reach the end goal we are looking for.  When we are able to talk about facts it allows all to keep focus.
• Be aware of how your feelings are being projected. How you react in a situation can make or break a process.

Communication Methods:

• Choose your method of communication. A phone call can be quicker and allows you to hear the other person’s tone. Written communication provides documentation.
• As a team, agree on how to communicate, with whom, when and how often.
• Email can be useful documentation. Messages can be misunderstood and forwarded to others.  Reread your email before sending it.  Others may perceive the information differently than you intended.  When using email:

o   Be clear.

o   Don’t expect an immediate response.

o   Be careful with “Reply All” and only use if you want to reply to everyone.

o   Don’t YELL IN EMAILS by using all CAPITALS.

Meetings:

• In planning for meetings, think about who needs to be at the meeting.  The individual, a few people, the whole team, supervisors?  Make sure decision makers are present.  Too many people can be overwhelming.
• Be sure everyone introduces himself or herself and says their role.
• A summary of decisions and/or initiatives is important. Who is taking meeting minutes?
• Everyone should have the same understanding and ideas. Creating action steps outlining who will do a task and by when.
• Share documentation with those who were at the meeting especially around important decisions.

Additional Suggestions:

• Be realistic with requests. Generally speaking, allow the person you’re trying to contact at least 24 business hours to respond.
• You may be working with some professionals for a long time. Maintaining a positive relationship is important.  In certain situations, it is okay to contact a supervisor if there are issues.
• Keep notes during phone conversations and meetings.
• Focus on strengths, concerns and priorities.
• The key is to collaborate.
• Think about whether or not you should take a break and talk later. This may be especially important if you are overwhelmed, upset, etc.

Paperwork:

• Professionals need signed releases of information to talk about you and your private information with others outside their organization.
• Save documents and organize/file them. Put date received on them.

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For further information or advocacy services, contact The Arc Minnesota at 952.920.0855 or toll-free at 833.450.1494 or visit www.arcminnesota.org. (Please note: This document is not legal advice, and should not be construed as such. Thus, no information herein should replace the sound advice of an attorney.)

All rights reserved (c) 2019 The Arc Minnesota

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Related services focus on assisting a student with a disability to benefit from special education. Related services focus on assisting the student to:

• Be involved in and make progress in the general curriculum (learning what students without disabilities are learning)
• Participate in extracurricular activities (often held before or after the typical school day) and other nonacademic activities.

Related services providers are not required members of the student’s IEP team. They may not be invited to IEP meetings. A parent could ask the school case manager that the related service provider(s) attend the meeting.

If the related services provider is also the student’s special education teacher, then the related services provider may be required.

All students receiving special education will receive specialized instruction. Not all students who receive specialized instruction need related services.

Related services often provide additional help and support. The need for related services is decided by the IEP team in the IEP process including the special education evaluation and creation of the IEP.

Some types of related services are:

• Audiology – Assistance related to hearing loss, need for sound amplification

• Counseling services – Services by social worker, psychologist, guidance counselor, etc.

• Early identification and assessment of disabilities in children – Identifying if a child has a disability as soon as possible

• Interpreting service – For communicating with student who is Deaf or Deaf-blind

• Medical services – Provided by a licensed doctor, assistance in determining if the student’s medical disability means the student needs special education, diagnosis and evaluation

• Occupational therapy – Services provided by a qualified occupational therapist; focus on working with a student who has difficulty doing something due to physical, developmental, social or emotional issues. Some examples include taking care of one’s body, moving safely around school, using one’s sense and muscles, fine motor (writing, cutting), gross motor (walking, gym skills)

• Orientation and mobility services – Services to a student who are blind or visually impaired, assist the student to move around in the school setting

• Parent counseling and training – Assisting the parents of the student to understand their child’s disability and special needs, assists parents in the IEP process

• Physical therapy – Services provided by a licensed physical therapist; some examples include assistance with posture, muscle strength, mobility (getting around in the school setting)

• Psychological services – Giving tests (assessments and evaluations) related to learning and behaviors, explaining assessment results, consulting with special education staff in meeting the needs of the student, assisting with creating positive behavior plans for a student

• Recreation – Related to leisure and play; may include assessing interests; improving ability with balance, coordination, strength, eye/hand coordination, team building, etc.

• Rehabilitation counseling – Focus on career and employment, increased independence in a work setting, integration in the work setting and community

• School health services and school nurse services – Health services; some examples include special feeding, suctioning, administering medications, planning for the safety of the student in school, ensuring health-related care is given, etc.

• Social work services in schools – Working with student and others on issues that affect the student in school, provide help about community services, assistance with positive behavior plans for a student

• Speech-language pathology services – Identify children with speech and language issues, help with speech and communication issues

• Transportation – Travel to and from school and between school buildings, travel in and around the school building

There may or may not be a goal or objective on the IEP that mentions what the related services professional will be working on with the student. There should be a goal or objective if the related service provider is teaching the student something. For example, if the speech therapist will be teaching the student to say letter sounds correctly, that would be a goal or objective on the IEP. If the student needs transportation as a related service, that would not be a goal or objective on the IEP since the student is being brought to/from school by someone and not being taught something during the drive.

Related services must be documented on the services page of the IEP. Specifically, the IEP must list:

• The type of related service(s)
• How often it will be provided
• What amount of time (how many minutes per session)
• Where the service will be provided
• Date when it will begin and end

Resources:

Arc Guide to IEP https://arcminnesota.org/resource/arc-guide-to-individualized-education-program-iep/

Arc Guide to Supplementary Aids and Supports https://arcminnesota.org/resource/arc-guide-to-iep-supplemental-aids-and-supports/

 
Download PDF
 

For further information or advocacy services, contact The Arc Minnesota at 952-920-0855 or toll-free at 833.450.1494 or visit www.arcminnesota.org. (Please note: This document is not legal advice, and should not be construed as such. Thus, no information herein should replace the sound advice of an attorney.)

All rights reserved (c) 2019 The Arc Minnesota

The post Arc Guide to Related Services in Special Education first appeared on The Arc Minnesota.

The post Arc Guide to Related Services in Special Education appeared first on The Arc Minnesota.

Minnesota Department of Education (MDE)

• An organization that oversees all education in Minnesota, including special education
• The vision of MDE is “leading for education excellence and equality. Every day for every one.”

Some of MDE Special Education Division Foundation Statements include:

• All children get necessary support for healthy development and lifelong learning
• Provide leadership to ensure a high quality education for Minnesota’s children and youth with disabilities
• Education support is based on each child’s unique needs to prepare them for further education, employment, independent living, and community participation
• High learning standards
• The right service offered in the right way at the right time

What is special education?

• Provides a Free, Appropriate, Public Education (FAPE) to a student with a disability in the Least Restrictive Environment (LRE). LRE begins with a discussion of what it takes for the student to be successful in the general education classroom
• Individualized plan of instruction for students with disabilities

• A range of services that are provided in different ways and different settings depending on the needs of the student
• Focuses on the unique needs of the student
• Assists individuals with disabilities to learn and develop skills
• Requires a student with a disability to spend as much time with peers without disabilities as possible

What are related services?

• Services that may not be educational that students need to benefit from special education
• Some related services are: special transportation, speech-language therapy, social work, speech therapy, adapted physical education, and school health services

Who is eligible for special education? Students with disabilities:

• Ages birth through 21 who are determined to need special education based on a comprehensive evaluation done by the school district
• Who need special education to access the general education curriculum

What is a special education evaluation?

• It determines if a student is eligible for special education and related services
• Involves gathering information on areas in which the student may be having difficulties in school
• Is individualized based on the needs of the student

What is an Individualized Education Program (IEP)?

• A written plan that provides documentation for students with disabilities who are eligible for special education
• Developed by a team made up of the student’s parents and school professionals
• Focuses on a student’s unique needs
• Documents what special education will do – what the student will learn, who will be assisting the student, in what classroom the student will be learning, how many minutes the student will be receiving services
• An annual document – revised yearly

Parents who are concerned about their child’s progress in school, should talk to the child’s teacher or principal. It is suggested that you first review the Arc Guide to Requesting an Initial Special Education Evaluation.

Additional Arc Guides on Special Education

• Individualized Education Program (IEPs) – English
• Least Restrictive Environment in Special Education and Federal Setting
• Special Education Evaluations
• Transition Individualized Education Plan (IEP)

Legal Information

• Federal Individuals with Disabilities Education Act
• Minnesota Law on Special Education
• Minnesota Rules on Special Education

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The post Arc Guide to Special Education first appeared on The Arc Minnesota.

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Transition is considered academic programing for student’s grade 9 through age 21. Attention toward adult life is considered during this time, with focus on independent skills needed in high school, post-secondary education, employment and daily living activities. The Arc helps families navigate the change into adult services.

Please note that this is a general list of ideas for students ages 14 – 21. Activities will vary depending on the needs of the student.

There are a variety of Arc Guides that provide more information on services, programs and options. Check out all Arc Guides in the Learning Center.

The Transition Process: Ages 14 – 16

General

• Beginning at grade 9, the student must be invited to participate in the Individualized Education Program (IEP) process and must have a Personal Learning Plan.
• Work with the school to complete a good, comprehensive transition assessment.
• Expand the IEP team to include additional members who can offer information on planning for the adult world for the student. This may include a county case manager and vocational rehabilitation counselor.
• Review the school catalog for offered classes. Consider the full range of classes and extracurricular activities when planning schedules. Think about and plan for courses required for post-secondary education.
• Develop transition goals for both academic and functional (everyday living) needs. The IEP should include courses of study based on transition needs and goals.
• The IEP should include goals to develop skills fostering independence. IEP goals should address needs in the areas of employment, post-secondary training and learning, home, independent living, and safe and healthy sexual choices.
• Budgeting and banking skills should be addressed and developed if needed.
• Explore future planning processes that focus on the student and what they want for their future. (The Arc Minnesota offers multiple Person-Centered Planning processes to help students and families consider options.)
• Explore eligibility for Medical Assistance and Social Security benefits.
• Request a MnCHOICES assessment from the county if not already done this. This assessment assists to determine service options.
• Encourage the development of self-advocacy skills. Help the student understand his/her own disability and how to communicate their needs to others. Could the student benefit from joining a self-advocacy group?

Employment

• Explore career options and include career planning goals in the IEP. Assess skills and interests and develop a career plan.
• Determine and develop skills related to completing job applications accurately, creating resumes and seeking employment.
• Visit the Disability Benefits website: www.db101.org . Complete the School and Work Estimator and a Get Smart School tool kit.
• Obtain a volunteer position. Discuss family and friend connections for potential volunteer and employment opportunities for the student.
• Determine potential employment options in the community.

Post-Secondary Training and Learning Opportunities

• Explore post-secondary options with the IEP team and Vocational Rehabilitation counselor, and document decisions on the IEP.
• As an IEP team, discuss a potential graduation date for the student, – 18, 19, 20 or 21 years of age?

Recreation, Leisure and Community Participation

• Identify the student’s interests in recreation and leisure activities within the community. Determine what needs, if any, should be addressed on the IEP.
• Determine transportation options and how the student will get around in the community.
• Determine need for education on healthy relationships and sexuality. Develop plan to address needs.

The Transition Process: Ages 16-18

General

• Review activities from ages 14 – 16. Are they completed? Is more information needed? Is there more work to be done?
• Determine what college entrance exams are required. Determine and apply for required test accommodations. Determine need for testing preparation sessions. These may be offered at the school or in the community.
• Explore eligibility for Medical Assistance and Social Security benefits. Be aware that eligibility can change when a student becomes 18.
• A student must be informed at the annual IEP meeting that rights belonging to the parent will transfer to the student at age 18, unless a legal guardian is obtained.
• Obtain a state identification card (which can be a driver’s permit, license, or state ID card).
• Learn about alternatives to guardianship and guardianship.
• Obtain information on school timelines for graduation including taking graduation pictures, announcements, cap and gown, class party, and senior class picture.
• Prepare a transition portfolio – including evaluation reports, transcripts, test scores, current IEP, medical records, interest inventories, extra-curricular activities, etc.

Employment

• Create a list of references from school, personal, and professional contacts.
• Explore paid job options. Apply for a job.
• In the transition portfolio, add references, a template of a completed job application, and a list of skills that have been acquired.
• Have the student conduct informational interviews. The student can meet with individuals who have careers he/she is interested in. Connect student with mentors in their interest areas.
• Expect student will work in competitive, integrated employment. Consider more restrictive options if necessary (supported employment, enclaves, day training and habilitation).
• Determine the need for direct teaching time on “soft employment skills” (greeting people, eye contact, attendance, interacting with employer, employee and general public, etc.).

Post-Secondary Training and Learning Opportunities

• If the student will not graduate and leave school after completing their senior year, identify postsecondary training transition programs.
• Attend college and resource fairs.
• Identify options for colleges, vocational, or technical schools. Tour potential schools; determine entrance requirements; talk to staff in the disability services office.
• Determine financial needs for post-secondary options.
• Identify and keep a list of supports and services that might be needed in post-secondary settings, including assistive technology. Learn about Section 504 and how the rules governing those programs can help the student.

Home and Independent Living

• Consider requiring the student to perform household and community chores that are required for future housing options.
• Determine the need for post-high school supports at home, school and community.
• Begin a conversation with the student about what kind of housing they desire after high school. Discuss where the student would like to live, if they would like to live with someone, and what their dream looks like.
• Recreation, Leisure and Community Participation
• Explore transportation options. Develop public transportation skills or take driving lessons.

The Transition Process: Ages 18-21

General

• Review activities from ages 14 – 16, and 16 – 18. Are they completed? Is more information needed? Is more work to be done?
• Develop a financial plan based on after graduation plans. This should include short term and long term needs.
• Explore future planning processes that focus on the student and what they want for their future. The Arc Minnesota offers multiple Person-Centered Planning processes to help students and families consider options.
• Obtain a summary of performance from the school IEP case manager when exiting school services. Upon graduation, the school must provide the student with a summary of his/her academic achievement and functional performance. This must include recommendations on how to assist the student in meeting the postsecondary goals.
• Many school districts have transition fairs which provide students and parents with information on adult services. Find out if there is a transition fair in your district, or attend one in a neighboring district.

Employment

• Continue goals and classes directly related to career field of interest.
• Meet with Vocational Rehabilitation Services (VRS). Counselors assist persons in vocational assessments and other employment supports. Ask your IEP team or contact your local Workforce Center.

Post-Secondary Training and Learning Opportunities

• Monitor post-secondary application deadlines, including financial aid deadlines.
• If planning on a post-secondary class/program, register with the school’s disability office by the end of high school senior year.
• At age 18, all males must register with the Selective Services. You can register or find more information on registration at www.sss.gov. Many high schools can also register students.

Home and Independent Living

• Identify and explore future housing options.
• Recreation, Leisure and Community Participation
• Register to vote.
• Join community groups based on recreation and leisure interests.

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The post Arc Guide to GetSet! for Transition Checklist first appeared on The Arc Minnesota.

The post Arc Guide to GetSet! for Transition Checklist appeared first on The Arc Minnesota.

This IEP does not replace special education and related services based on other identified needs including academic, communication, therapies, assistive technology, etc. An IEP for students with transition needs adds sections to the standard IEP.

In developing the IEP, districts must inform parents of the full range of transition areas and related services that should be considered including academic, daily living, social skills, etc. The plan must include a statement of the identified needed transition services.

Transition evaluation and planning:

• Involves the student. If the student does not attend the IEP meeting, his/her input must be obtained through another method
• May include a person-centered planning process such as a Transition Vision Plan (TVP) or Making Action Plans (MAPS). A person-centered plan is designed to discover and assure the desired life of the person who the plan is for. It describes what is important to and important for the person.
• Begins with an age-appropriate assessment of current needs, skills and interests. Some common assessments are the Brigance Life Skills Inventory, Enderle-Severson Transition Rating Scale, Ansell Casey Life Skills assessment, Pictorial Inventory of Careers and the Career Exploration Inventory. Transition evaluation results must be documented as part of an evaluation report
• Based on the individual student’s needs, taking into account the student’s strengths, preferences and interests

Includes writing goals and defining needed services to support future plans

In addition to the standard IEP, a transition IEP must include:

• Measurable post-secondary goals based upon the transition assessments written in the sections of the IEP under post-secondary education and training, employment and independent living (where appropriate, and may include recreation and leisure, community participation and home living) and the skills needed to assist the child in reaching those goals
• Courses of study so the student can move toward achieving his/her post-secondary goals. The IEP should list the courses to be taken each year in high school and progress toward meeting graduation requirements
• The anticipated month and year of graduation. The IEP team can decide that a student with a disability may continue in school until they meet their IEP goals (based on identified needs) and may receive instruction until July 1 after their 21^st birthday in order to meet those goals. If a student graduates and accepts a diploma, they are no longer eligible for special education services from the district.
• Transition Services including:
  • Instruction (i.e., specialized instruction, regular instruction, career and technical education)
  • Related Services, such as speech/language services
  • Community Participation
  • The development of employment and other post-school adult living objectives
  • If appropriate, acquisition of daily living skills and provision of a functional vocational evaluation

Additionally, activities provided as part of the service will be included as well as who will be providing the service, e.g. school personnel, parents, vocational rehabilitation counselor.

Activities may include community experiences, employment and volunteer opportunities, instruction in daily living skills and other related services such as counseling and transportation.

Vocational rehabilitation (VR) counselors are assigned to every Minnesota high school and transition program. The Arc recommends that transition age students connect with the VR counselor, apply for services and invite the VR counselor to IEP meetings.

When the student turns 18, they legally become an adult and can make decisions for themselves and sign or reject the IEP unless guardianship has been established.

The following Arc Guides provide additional information

• Arc Guide to Individualized Education Programs
• Arc Guide to Graduation for Students Receiving Special Education
• Arc Guide to Vocational Rehabilitation (VR) Services
• Transition Checklist

Click here to find more information on person-centered planning.

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For further information or advocacy services, contact The Arc Minnesota at 952-920-0855 or toll-free at 833.450.1494 or visit www.arcminnesota.org. (Please note: This document is not legal advice, and should not be construed as such. Thus, no information herein should replace the sound advice of an attorney.)

All rights reserved (c) 2019 The Arc Minnesota

The post Arc Guide to Transition IEP first appeared on The Arc Minnesota.

The post Arc Guide to Transition IEP appeared first on The Arc Minnesota.

U.S.C. 142(a)(10(A). Students are entitled to continue to receive an appropriate education if suspended for more than a total of 10 consecutive or cumulative school days (same application as for students without disabilities).

Students with disabilities are subject to the same policy procedures as any other student in the district. In rare circumstance, an IEP team may decide a student with a disability is “exempt” from following district discipline policy, which will be clearly stated in their

Individualized Education Program (IEP). Students who violate a student code of conduct may be removed from their current placement to an appropriate interim alternative educational setting, another setting or suspension, for not more than 10 consecutive school days, and for additional removals of not more than 10 cumulative school days in the same school year for separate incidents of misconduct. After a student with a disability has been removed from their current placement for 10 school days in the same school year, the district must provide services to the student. Districts may consider unique circumstances on a case-by-case basis when deciding whether a change in placement is appropriate for a student with a disability who violates a code of student conduct.

MN Statute 121A.40 provisions The Pupil Fair Dismissal Act, which protects all students, with or without disabilities. The Act defines how a district may remove a student:

• Dismiss – deny the student’s current education program through suspension, exclusion, or expulsion
  • Suspension – remove the student from school for up to 10 school days. The superintendent must be notified for suspensions of more than 5 days.
  • Exclusion – prohibit a student from enrollment or reenrollment in the district – may last for one full year.
  • Expulsion – prohibit an enrolled student to attend school – may be kept out for one full year.
• In- school suspension (ISS) – holding students accountable for conduct issue while remaining in school. Student receives regular educational program while developing strategies for better behavior.

Certain behaviors may trigger a placement change for up to 45 school days. An “interim alternative educational setting” is considered when a student carries a dangerous weapon to school or a school function; knowingly possesses, uses, sells or attempts to sell illegal drugs at school or at a school function; or has inflicted serious bodily injury upon another while at school or at a school function.

Except in an emergency, a district may not suspend a student without first having an informal administrative conference with the student. The school administrator must:

• Tell the student why s/he is being suspended.
• Provide an explanation of evidence of the student’s behavior.
• Provide opportunity for the student to relay his/her side of the story.
• Prior to the start of a suspension, the district must give the student:
  • Written reason for the suspension.
  • A statement of facts, including a description of evidence.
  • A plan that outlines what the student must do before returning to school.
  • A copy of the Pupil Fair Dismissal Act.
• The district must inform the parent about the suspension (in person or by phone) as soon as possible.
• The district must mail a copy of all suspension documents to parents within 48 hours.

Should a student with a disability receive a suspension that exceeds 10 consecutive school days and/or exceeds 10 cumulative school days, a Manifestation Determination meeting must be conducted within 10 school days of a student placement decision. At the Manifestation Determination, district administration, parent(s) and appropriate IEP team members (as determined by the parent and the district) must review all pertinent information in the student’s file, including the IEP, any teacher observations and other relevant information provided by the parents to determine:

• If the conduct was caused by, or had a direct and substantial relationship to the student’s disability.
• If the conduct was the direct result of the district’s failure to implement the IEP.

If meeting members determine a criterion was met, the district must take immediate steps to remedy deficiencies. A district cannot suspend or expel a student with special education needs if the behavior was determined a manifestation of the disability.

When behavior is a manifestation, the team must:

• Conduct a Functional Behavioral Assessment (FBA) unless the district had conducted an assessment prior to the behavior and implemented a Behavioral Intervention Plan (BIP).
• If a BIP had already been developed and implemented, it must be reviewed and modified as necessary to address the behavior.
• Return the student to the placement from which s/he was removed, unless the parent(s) and district agree to a change of placement as modification of the BIP.

The interim setting must provide FAPE. It must be designed to enable the student to continue to participate in general curriculum (although in another setting) and to progress toward meeting the goals set in the IEP. The placement must also include services to address the behavior for which the student is suspended. A home tutoring program does not normally satisfy the behavior requirement, but if the only alternative is an inappropriate program setting, a home-bound instruction program may be better suited than placement with an inappropriate peer group.

Unless an appropriate 45-day alternative placement is found and agreed upon by all members, the student is entitled to remain in the current placement. If the student has already moved to alternative placement, s/he will remain until either a hearing officer orders a change or the assigned time period for the interim placement expires.

Students already identified with a disability are protected under this provision. The law also applies when the district already knew, or should have known the student had a disability. A district “knows” about a disability if a parent expressed concern for special education need (which must be in writing); a parent requested an evaluation for special education services for the student; and/or teacher or other district staff expressed concern about behavior or performance to parent(s) or other district staff.

Parent(s) must agree with all decisions made, including change in placement through signed consent. If your child is faced with long-term suspension or expulsion, it is recommended that you contact The Arc MInnesota to discuss the situation.

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For further information or advocacy services, contact The Arc Minnesota at 952-920-0855 or toll-free at 833.450.1494 or visit www.arcminnesota.org. (Please note: This document is not legal advice, and should not be construed as such. Thus, no information herein should replace the sound advice of an attorney.)

All rights reserved (c) 2019 The Arc Minnesota

The post Arc Guide to Suspension and Manifestation Determination first appeared on The Arc Minnesota.

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Supplemental Aids and Supports may be provided in:

• General education classes and special education classes
• Academic and nonacademic classes
• Extracurricular activities

Supplemental Aids and Supports must:

• Be based on the individual student
• Be based on a student’s ability, disability and needs
• Help the student be taught in the least restrictive environment (LRE)
• Assist the student to meet a goal(s) and make progress
• Be documented in the IEP

There should be a link between the supplemental aid and services and the intended outcome of its use.

How Supplemental Aids and Supports are documented in the IEP will vary.

• If a service is provided, the IEP should state:
  • What the service is
  • Start date and end date
  • How often it will be provided
  • How many minutes it will be provided each time
  • Where it will be provided
  • Who will be providing the service
• If an item is provided, the IEP may include (depending on the item):
  • The description of the item
  • How it will be provided
  • When it will be provided
  • Where it is needed
  • Who is responsible

Supplemental aids and supports that are not a service are often described in a section called “Modifications and Adaptations”. Each item should be described clearly so that everyone reading the IEP will be able to know what should be provided.

Supplemental Aids and Supports may be called accommodations or modifications. In general,

• Accommodations/adaptations do not change what a student expected to learn and know. They may change how the information is presented.
• Modifications do change what the student is expected to learn and know.

Some examples of Supplementary Aids and Supports are:

• Assistive technology
• Paraprofessional supports (an aide)
• Specialized training for staff
• Additional time allowed for the student to do the activity/take the test
• Audio books, graphic organizers, study guides, use of pictures, teacher notes, etc.
• Shorter assignments
• Changes in scoring/number of correct answers required
• Reducing the complexity of the assignment
• Assigned seat in a specific area in the classroom
• Special equipment
• Ability to take a break(s)
• Additional staff support or assistance
• Having tests read to the student
• Regular communication between school and home

In general, the supplemental aids and supports should be documented in the IEP so that it clearly understood and not subject to misunderstanding. There may be some flexibility needed so that the supplementary aid and support can be used in a few situations.

The terms “as needed”, “when appropriate”, “may”, “if possible” and other similar terms should not be used as they are not clear. It can be confusing as to when, where and who should be providing them.

An accommodation or modification provided for all students in the classroom does not have to be listed on the IEP because an accommodation or modification provided to all students is not based on the individualized needs of a student with a disability.

Resources:

*Minnesota Rule 3525.2810, Subpart 1 (3)

Arc Guide to Individualized Education Program (IEP) Arc Guide to Least Restrictive Environment

Download PDF of Arc Guide

For further information or advocacy services, contact The Arc Minnesota at 952-920-0855 or toll-free at 833.450.1494 or visit www.arcminnesota.org. (Please note: This document is not legal advice, and should not be construed as such. Thus, no information herein should replace the sound advice of an attorney.)

All rights reserved (c) 2019 The Arc Minnesota

The post Arc Guide to IEP Supplemental Aids and Supports first appeared on The Arc Minnesota.

The post Arc Guide to IEP Supplemental Aids and Supports appeared first on The Arc Minnesota.

Some students may need additional staff supports and services to be successful in the classroom. A paraprofessional may be one option to help students with disabilities learn and participate with students with and without disabilities to enhance the program and instruction for the student. The need and role for a paraprofessional is determined through the special education evaluation process and documented on the Individualized Education Program (IEP) plan.

• A comprehensive evaluation will result in an evaluation summary that should provide a statement of need for special education, related services, and supplementary aids and services to be provided for the student to receive FAPE in a LRE.

Based on the results of the evaluation,

• The IEP team will need to consider unique approaches to support the student through shared learning, teaching styles, physical arrangements of the classroom, curriculum modifications, peer mediated supports, equipment, etc.
• The IEP team will also decide when and how often the student needs the paraprofessional. For example, will the paraprofessional be needed throughout the entire school day, on the bus, during a specific class time or during transitions (class changes, etc.)?
• The IEP will include a statement of the student’s need for and the specific responsibilities of a paraprofessional. The paraprofessional can assist the student(s) on IEP goals and objectives. The paraprofessional may also assist with accommodations required due to the student’s disability. Some of the job responsibilities may include assistance with academic skills, behavior management, and self-care.
• A statement of program modifications supports or changes will be on the IEP. This may be called the services page and is often where the need for a paraprofessional will be described.

General requirements for a Paraprofessional:

• A bachelor or associate’s degree or equivalent is preferred
• Personal care assistance, crisis prevention intervention and van training
• Understand cognitive, physical, emotional, social characteristics and vulnerability of students with disabilities
• Develop knowledge and skills on roles and responsibilities, student’s rights to privacy and reporting, handling emergencies and building orientation. etc.
• Attend yearly training opportunities
• Required to work under the direction of a licensed teacher and/or supervision of a school nurse
• Strong communication skills
• Ability to maintain confidentiality

Administrative and instructional duties may include:

• Carry out programs and tutoring activities created by teacher
• Help prepare instructional materials such as art supplies and other materials
• Assist a teacher with behavior supports
• Respond to requests for help, observe learning difficulties and report to teacher
• Assist teacher in an unbiased observation and data recording of student’s progress
• Provide special help – drilling with flash cards, spelling, and play activities, etc.
• Reinforce small group learning while teacher works with other students

Instructional duties the paraprofessional may NOT perform:

• Full responsibility for a supervising and planning activities of the classroom
• Prepare class lesson plans and initiate instructions
• Grade subjective or essay tests or assign grades to students
• Substitute for certified teachers unless s/he possesses the appropriate substitute teacher certification and is hired as a substitute

MN Statute 3525.0210(3)

Paraprofessional/Aide (para) of instruction MN 125A.08

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For further information or advocacy services, contact The Arc Minnesota at 952-920-0855 or toll-free at 833.450.1494 or visit www.arcminnesota.org. (Please note: This document is not legal advice, and should not be construed as such. Thus, no information herein should replace the sound advice of an attorney.)

All rights reserved (c) 2019 The Arc Minnesota

The post Arc Guide to Special Education Paraprofessional Aides first appeared on The Arc Minnesota.

The post Arc Guide to Special Education Paraprofessional Aides appeared first on The Arc Minnesota.