MASTERING
THE MAZE
The Special Education Process
Process 4: Annual IEP Team Meeting to Develop the IEP
Alabama State Department of Education
Office of Student Learning
Special Education Services
August 2019 Edition
Current as of 9, 2018
Alabama State Department of Educatio
n, Eric G. Mackey, State Superintendent of Education
The Alabama State Board of Education and the Alabama State Department of Education do not discriminate on the basis
of race, color, disability, sex, religion, national origin, or age in their programs, activities, or employment and provide
equal access to the Boy Scouts and other designated youth groups. The following person is responsible for handling
inquiries regarding the non-discrimination policies: Title IX Coordinator, Alabama State Department of Education,
P.O. Box 302101, Montgomery, AL 36130-2101, telephone (334) 694-4717.
ALABAMA STATE BOARD OF EDUCATION
Governor Kay Ivey, President
Jackie Zeigler, President Pro Tem, District I
Tracie West, District II
Stephanie Bell, District III
Yvette M. Richardson, Ed.D., District IV
Ella B. Bell, District V
Cynthia McCarty, Ph.D., District VI
Jeffrey Newman, Vice President, District VII
Wayne Reynolds, Ed.D., District VIII
ALABAMA STATE DEPARTMENT OF EDUCATION
Eric G. Mackey, Ed.D., State Superintendent of Education
Jeff Langham, Ed.D., Chief of Staff
Daniel Boyd, Ph.D., Deputy State Superintendent of Education
OFFICE OF STUDENT LEARNING
Elisabeth Davis, Ed.D., Assistant State Superintendent
SPECIAL EDUCATION SERVICES
Crystal Richardson, Program Director
Table of Contents
Acronyms
...........................................................................................................................................................................3
Individualized Education Program (IEP) Team Membership
......................................................................................6
Process Chart 4: Annual IEP Team Meeting to Develop the IEP
...................................................................................
...
.7
Process Chart 4: Things to Remember When Going through This Process ..........................................................................8
Annotate Process
.............................................................................................................................................................9
Record of Access to Student Records
..............................................................................................................................10
Record of Student Access: Directions for Completing Record of Access to Student Records ..........................................11
Notice and Invitation to a Meeting / Consent for Agency Participation
.........................................................................
..
12
Guide to Completing Notice and Invitation to Meeting..................................................................................................13
Special Education Rights
...................................................................................................................................
...........
.16
Guide for When to Use Special Education Rights ...................................................................................................................29
Notice of Proposal or Refusal to Take Action
.................................................................................................
.....
.......
....
.30
Guide for Completing Notice of Refusal to Take Action .............................................................................................31
Individualized Education Program (IEP)
Profile Page - First Page
.......................................................................................................................
....
...................
..
.33
Guide for completing the first page of the Profile Page ...................................................................................................34
Profile Page Second Page
...................................................................................................................................
......
..36
Guide for completing the second page of the Profile Page ..........................................................................................
...
.37
Transition Page
..............................................................................................................................
..
..........
......
......
....
...
..40
Guide for completing Transition Page ...........................................................................................................................41
Annual Transition Goals Page
..................................................................................................................................................45
Guide for completing Annual Transition Goals Page ..................................................................................................46
Annual Goal Page
................................................................................................................................................
...
......49
Guide for Completing Annual Goal Page ....................................................................................................................50
Special Education and Related Service(s) Page
............................................................................................................52
Guide for completing Special Education and Related Service(s) Page ............................................................
..........
.53
State Testing Forms
...............................................................................................................................
..........
...........
........
55
Signature Page
...............................................................................................................................................................56
Child Count Least Restrictive Educational Environment Codes
...................................................................................57
Guide for completing the Signature Page .....................................................................................................................58
Persons Responsible for IEP Implementation Form
.......................................................................................................61
Guide for completing Persons Responsible for IEP Implementation Form ....................................................................62
Annual Goals Progress
Report.......................................................................................................................................63
Guide for completing Annual Goals Progress Report ......................................................................................................64
Summary of Academic Achievement and Functional Performance (SAAFP)
...............................................................65
Guide for completing (SAAFP) ....................................................................................................................................69
Functional Behavioral Assessment (FBA) / Behavioral Intervention Plan (BIP)
............................................................72
Guide for completing FBA/BIP .................................................................................................................................75
Manifestation Determination Review
.........................................................................................................................76
Guide for completing the Manifestation Determination Review ................................................................................78
Notice and Consent Regarding Payment from Medicaid Benefits
...................................................................................80
Guide for completing Consent Regarding Payment from Medicaid Benefits ................................................................81
Notice and Revocation of Consent for Continued Provision of Special Education Services
.................................................82
Guide for completing Notice of Revocation for Continued Provision of Special Education Services................................83
Optional Forms
IEP Planning Sheet for Parents ...............................................................................................................................84
Student Profile Information .......................................................................................................................................90
Teacher’s IEP Input Survey ..........................................................................................................................................91
Parent’s IEP Input Survey...........................................................................................................................................92
Assessment of Student Participation in General Education Classes ............................................................................93
ABC Observation Form .......................................................................................................................................................95
Process 4: Annual IEP Team Meeting to Develop IEP Frequently Asked Questions
Questions and Answers: IEP.........................................................................................................................................97
Question and Answers: Assistive Technology .....................................................................................
........
......
..
.120
Question and Answers: English Learner and the Special Education Process........................................................124
ACRONYMS
AAA Alabama Alternate Assessment
AAC
Alabama Administrative Code
ABA Applied Behavior Analysis
ADA
Americans with Disabilities Act
ADD Attention Deficit Disorder
ADHD Attention Deficit Hyperactivity Disorder
ADRS Alabama Department of Rehabilitation Services
AEIS Alabama’s Early Intervention System
ALSDE Alabama State Department of Education
AMSI Alabama Middle School Initiative
AMSTI Alabama Math, Science & Technology
APR Annual Performance Report
ARFI Alabama Reading First Initiative
ARI Alabama Reading imitative
AT Assistive Technology
AUT Autism
BCBA
Board-Certified Behavior Analyst
BIP Behavioral Intervention Plan
CCRS College and Career Ready Standards
CRS Children Rehabilitation Services
CEIS Coordinated Early Intervening Services
DB
Deaf-Blindness
DD Developmental Delay
DIBELS
Dynamic Indicators of Basic Early Literacy Skills
DPH Due Process Hearing
ED
Emotional Disability
eGAP
Electronic Grant Application Process
EI
Early Intervention
EL
English Learner
ELPP
Early Learning Progress
ESA
Educational Service Agency
CCEIS
Comprehensive Coordinated Early Intervening Services
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Process 4: Annual IEP Team Meeting to Develop the IEP
Table of ContentsTable of Contents
ACRONYMS
ESY Extended School Year
FAPE Free Appropriate Public Education
FBA Functional Behavioral Assessment
HI Hearing Impairment
IAES Interim Alternative Educational Setting
ID Intellectual
Disability
IDEA Individuals with Disabilities Education Act
IEE Independent Educational Evaluation
IEP Individualized Education Program
IFSP Individual Family Service Plan
LEA
Local Education Agency
LEP Limited English Proficiency
LRE
Least Restrictive Environment
MD Multiple Disabilities
MDR Manifestation Determination Review
OHI Other Health Impairment
OI Orthopedic
Impairment
O&M Orientation and Mobility
OSEP
Office of Special Education Programs
OT
Occupational Therapy/Therapist
PBS
Positive Behavioral Supports
PST Problem Solving Team
PT Physical Therapy/Therapist
RIC Regional Inservice Center
SBMH School Based Mental
Health
SEA State Education Agency
SES Special Education Services
SETS Special Education Tracking System
SLD Specific Learning Disability
SLI Speech or Language Impairment
SLP Speech Language Pathologist
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Process 4: Annual IEP Team Meeting to Develop the IEP
Table of ContentsTable of Contents
ACRONYMS
SPP State Performance Plan
SPDG State Personnel Development Grant
SSR Student Services Review
TA Technical Assistance
TBI Traumatic Brain Injury
UCP U
nited Cerebral Palsy
VI Visual Impairment
VRS Vocational Rehabilitation Services
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Process 4: Annual IEP Team Meeting to Develop the IEP
Table of ContentsTable of Contents
IEP TEAM
MEMBE
RSHIP
AAC pages 525‐526 (3) (a‐i)
The IEP Team is composed of the following:
1. The parent of the student with a disability.
2. Not less than one regular education teacher of the student if the student is or may be participating in
the regular education environment. The regular education teacher must, to the extent appropriate,
participate in the development, review, and revision of the student’s IEP, including assisting in
the
determination of appropriate positive behavioral interventions and supports and other strategies for the
student and the determination of supplementary aids and services, program modifications, and supports for
school personnel.
3. Not less than one special education teacher of the student or, where appropriate, not less than one
special education provider of the student.
4. *A representative of the public agency who is qualified to provide, or supervise the provision of,
specially designed instruction to meet the unique needs of students with disabilities; is knowledgeable
about
the general education curriculum; is knowledgeable about the availability of resources
of the public
agency; and has the authority to commit agency resources and be able to ensure that IEP services will be
provided. A public agency may designate a public agency member of the IEP Team to also serve as the
agency representative, if the criteria for serving as a public agency representative are met.
5. *An individual who can interpret the instructional implications of evaluation results, who may be a
member of the IEP Team that is described in this section of required members of an IEP Team.
6. At the discretion of the parent or the agency, other individuals who have knowledge or special expertise
regarding the student, including related services personnel, as appropriate. The determ
ination of the
knowledge or special expertise of any individual is made by the party
(parents or public agency) who
invites the individual to be a member of the IEP Team.
7. Whenever appropriate, the student with a disability.
8. Career/Technical Education Representative. A representative of career/technical education must be
included as a member of the IEP Team for those children with disabilities who have been referred for, or
are currently receiving career/
technical education. The
IEP of each secondary child with a disability must
show any career/technical education program involvement, as well as needed accommodations and/or
modifications made in the program.
9. Secondary Transition Services Participants. In addition to the participants specified above, if a purpose
of the meeting is the consideration of the postsecondary goals for the student and the transition services
needed to assist the student in reaching those goals,
the public agency must invite the student and, with the
consent of the parent or a student who has reached the age of majority, a representative of any other
agency that is likely to be responsible for providing or paying for transition services. If the student does
not attend the IEP Team meeting, the public agency must take other steps to ensure that the student’s
preferences and interests are considered.
10. Early Intervention Representatives. In the case of a child who was previously served under Part C/Early
Intervention (EI), an invitation to the initial IEP Team meeting must, at the request of the parent, be sent to
the EI service
coordinator or other representatives of the EI system to assist with the smooth transition of
services.
*If an IEP Team Member is serving in two positions at a meeting (e.g., special education teacher is also serving
as someone who can interpret the instructional implications of the evaluation results) he/she should sign his/her
name by each position he/she is representing.
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Process 4: Annual IEP Team Meeting to Develop the IEP
Process 4 Chart
Annual IEP Team Meeting to Develop the IEP
Send Notice and Invitation to a Meeting/
Consent for Agency Participation.
Convene the IEP Team to develop the IEP.
Provide the parent a copy of the IEP, the Notice of Proposal or
Refusal to Take Action and a copy of the Special Education Rights
(if a copy was not provided within the past year). If a copy was
provided, the date it was provided should be documented.
Complete the form Persons Responsible for IEP Implementation
to document that person(s) responsible for implementing the
IEP have been informed of his/her specific responsibilities and
have access to the IEP.
Implement IEP.
Develop Annual Goal Progress Report.
Consent is not required for the evaluation
s listed on the IEP
that will measure the progress in
attaining the goals and/or benchmarks. Assessments used to document progress toward annual
goals should be included in the Type(s) of Evaluation for Annual Goal on the Annual Goal Page of
the IEP.
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Process 4: Annual IEP Team Meeting to Develop the IEP
Table of ContentsTable of Contents
PROCESS CHART 4
Annual
IEP
Team Meeting
to
Develop
the
IEP
Things
to
Remember
When Going
Through
This Process:
1. The required members of an IEP Team are outlined on page 4 of this document.
2. The IEP
INIT IATION /DURATION
DATES do not constitute the annual IEP review date. The date of
signatures on the SIGNATURE PAGE determines when the next annual IEP meeting must be held at a
minimum to conduct the annual review of the IEP. Amendment signature dates cannot be used as the
annual review date. The annual review due by date is calculated based on the IEP signature date of the
previous IEP. The IEP must be reviewed by the annual review date (signature date plus one year). When
the IEP is reviewed, the IEP Team may review the current IEP and write a new IEP, or in some cases the
new IEP can be delayed for a reasonable period of time. The DURATION DATE (ending date) is the
date that the IEP expires; therefore, that date must be considered before the decision is made to
delay the writing of a new IEP.
3. IEP Team Attendance
a. A public agency member of the required IEP Team is not required to attend an IEP Team meeting, in
whole or in part, if the parent of a child with a disability or student (age 19 and older) and the public
agency agree, in writing, that the attendance of the member is not necessary because the member's area
of the
curriculum
or related services is not being modified or
discussed
in the meeting.
b. A public agency member of the required IEP Team may be excused from attending an IEP Team
meeting, in whole or in part, when the meeting involves a modification to or discussion of the member's
area of the curriculum or related services, if the parent or student (age 19 and older), consents in writing,
and the public agency consents to the excusal. The member must submit, in writing to the parent or
student (age 19 and older) and the IEP Team, input into the development of the IEP prior to obtaining
consent from the parent or student (age 19 and older) for the excusal of the required IEP Team member.
4. Inform each teacher and service provider of his/her specific responsibilities for implementing the child’s
IEP and document that this has been done by having each person responsible sign the Persons Responsible
for IEP
Implementation
form. If the IEP is written in the Spring and service providers are not known at the
time, the case manager must inform each provider at the beginning of the school year of their specific
re sponsibilities
for
implementing
the IEP and how to access the IEP.
5.
Develop
Annual Goal
Progress
Report.
6. Provide the parent with a copy of the IEP (with no draft stamp or watermark), the Notice of Proposal
or Refusal to Take Action form, and a copy of the Special Education Rights
unless a copy had been provided
within the last year. If so, the date the copy was provided must be documented.
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Process 4: Annual IEP Team Meeting to Develop the IEP
Table of ContentsTable of Contents
Annotate Process
Student
Name:
SSID:
Date
of
Birth:
Name of Process: : Process Create
Date:
All
entries should have
the
entry date
and the
name
of the
person making
the
note.
Example: First Last name-xx/xx/xx-
Notes
ALSDE Approved Feb.
2013
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Process 4: Annual IEP Team Meeting to Develop the IEP
Table of ContentsTable of Contents
ALSDE Approved Feb. 2019
RECORD OF ACCESS TO STUDENT RECORDS
STUDENT’S NAME: DOB:
It is the policy of the Board of Education, in accordance with IDEA, to provide procedural safeguards that
protect the individual confidentiality of all student records. The Board of Education authorizes the
following categories of persons to review any personally identifiable data relating to students with
disabilities:
CATEGORIES OF PERSONS AUTHORIZED TO REVIEW DATA
1. Parents
2. Student
3. State Department of Education Representatives
4. Federal Education Agency Representatives
5. Local Education Agency Representatives*
6. Other State Agency Representatives*
* Limited to those representatives who have a legitimate educational interest in the student’s special education program.
Signature of Person
Reviewing Record
Category
1-6
Reason
for Review
Date of
Review
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Page 10
Process 4: Annual IEP Team Meeting to Develop the IEP
RECORD OF ACCESS TO STUDENT RECORDS
Purpose(s) of this form:
To document the name of the person reviewing the record, the reason for the review, and the date of
there view.
When to use this form:
When a request is made for access to and disclosure of a special education student’s records.
Things to remember when completing this form:
The special education records are confidential and must be kept in a secure location.
Each special education student record must contain a Record of Access to Student Records form. The
parent may inspect and review all educational records relating to identification, evaluation, educational
placement, and provision of Free Appropriate Public Education (FAPE) of his/her child that are
collected, maintained, or used by the education agency.
After providing written authorization to the education agency, the parent may have a representative
review his/her child’s records under the same access rights afforded to him/her.
The local education agency is responsible for maintaining a log of each request for access to and
disclosure of special education records.
The parent, the student’s teacher, and local education agency representatives are not required to sign
each and every time the file is reviewed.
If the records of a student contain information on more than one student, the parent or eligible student
may inspect and review or be informed of only the specific information about that student.
What happens next:
The education agency must retain a copy of the student’s records containing personally identifiable
information for a period of five (5) years after the termination of the special
education program
for which they were used.
At the end of the five-year retention period, special education records may be destroyed. To meet the
notice requirement regarding the destruction of records, the education agency must inform the parent
and student (that has reached the age of majority). This may be in the form of a public notice or in a
letter to the parent and student (age 19 and older). Notice must include the years of the records that
will be destroyed and the date of destruction.
The education agency is not prohibited from retaining records indefinitely as long as confidentiality is
ensured.
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Process 4: Annual IEP Team Meeting to Develop the IEP
ALSDEApprovedMarch2017
Determine if Referral requires Evaluation (Provide
Special Education Rights)
Discuss the Need for Additional Data Collection
Determine Initial or Continued Eligibility
Develop an Initial IEP
Develop an Annual IEP or Revise the current IEP
Conduct an Annual Review of the current IEP
Discuss Transition / Postsecondary Services
Conduct Manifestation Determination
Develop Functional Behavioral Assessment Plan
Develop/Revise/Discuss Behavioral Intervention
Plan
Conduct a Resolution Session
Other Reason to meet:
Local Education Agency (LEA) Representative
Someone Who Can Interpret the Instructional Implications of
the Evaluation Results
General Education Teacher
Special Education Teacher
Parent
Student notified on via
Career / Technical Representative
Agency Representative(s) for Transition (with parental
consent / student age 19)
Agency Name(s):
Agency notified via:
on
Other:
Other:
NOTICE AND INVITATION TO A MEETING/CONSENT FOR AGENCY PARTICIPATION
To: Date Notice Sent:
Name of Parent or Guardian
This notice is to invite you to a meeting for student DOB : to be held:
Meeting Date: Time: Location:
The purpose of this meeting is to: The following people will be invited to meet with us:
Because your input is important to us, we encourage you to make every effort to attend this meeting. If you woul
d like to participate
by phone, please call the person below to make arrangements. You may bring other people whom you feel will be helpful to you in
this process. If your child is transitioning from Early Intervention, you may request that an invitation be sent to the Early Intervention
Program for the initial IEP Team meeting.
If you require notice and an explanation of your rights in your native language, the LEA/agency will accommodate you to ensure y
our
understanding. You are fully protected under the rights addressed in your copy of the Special Education Rights document. If you
want another copy of your rights, have any questions, wish to arrange a conference, or need additional accommodations please
contact:
at or
Contact Name
Telephone number Email me
FOR SCHOOL PERSONNEL - Documented attempts to contact parent/student (age 19) for the IEP Team meeting.
Results of 1
st
Attempt:
2
nd
Attempt Date: Action / Result:
PARENT – STUDENT (Age 19 or older)
Please check one of the followin
g
boxes, si
g
n, date, and return this form to the contact (above) before:
I WILL be able to meet with you on the scheduled date and time.
I will NOT be able to meet on the scheduled date and time, but would like to reschedule, please contact me at
I will NOT be able to attend the meeting. The meeting may proceed without me.
Please check one of the following boxes if agency(s) were invited (see if checked above):
I
Give consent for the representative(s) from the other transition agency(s) to attend the meeting.
(Excluding the following agency(s): )
I DO NOT give consent for representative(s) from the other transition agency(s) to attend the meeting.
Signature of Parent or Student (Age 19) Date
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Process 4: Annual IEP Team Meeting to Develop the IEP
Table of ContentsTable of Contents
NOTICE AND INVITATION TO A MEETING/CONSENT
FOR AGENCY PARTICIPATION
Purpose(s) of this form:
To inform the parent and student (age 19 and older) of the purpose(s) of the IEP Team meeting and provide
the parent or student (age 19 and older) with an opportunity to attend, participate by phone, etc.
To document that the parent or student (age 19 and older) has been invited to an IEP Team meeting within a
time frame that allows the parent or student (age 19 and older) time to respond and reschedule if necessary.
To provide documentation that all required persons were invited to the meeting, including the student at age
16 and older. Students who will be age 16 during the implementation of the IEP must be invited to the IEP
Team meeting even if they are age 15 at the time of the IEP Team meeting.
To verify that the parent or student (age 19 and older) has received an invitation in their native language.
To document attempts to contact the parent or student (age 19 and older) regarding the meeting.
To inform the parent or student (age 19 and older) who to call to make arrangements if they would like to
participate in the meeting by phone.
To inform the parent of the right to have a representative attend the initial IEP Team meeting for a child
transitioning from EI to preschool. The parent is responsible for informing the public agency that they
want a representative from EI to be invited.
To document consent of the parent or student (age 19 and older) to include or exclude other agency
representatives who may be responsible for providing or paying for transition services if one of the purposes
of the meeting is to consider transition services.
To document an annual review of the current IEP.
To document that the parent has been invited to the annual review meeting.
When to use this form:
Send this form to the parent or student (age 19 and older) every time an IEP Team meeting is scheduled.
Purposes of meetings:
o
Determine if Referral requires Evaluation
o
Discuss the Need for Additional Data Collection
o
Determine Initial or Continued Eligibility
o
Develop Initial IEP
o
Develop Annual IEP or Revise Current IEP
o
Conduct Annual Review of the Current IEP
o
Discuss Transition/Postsecondary Services
o
Conduct Manifestation Determination
o
Develop Functional Behavioral Assessment Plan
o
Develop/Revise Behavioral Intervention Plan
o
Conduct a Resolution Session
o
Other
Things to remember when completing this form:
The date, time, and location of the meeting should be documented at the top of the page.
Check all possible purposes of the meeting before sending the invitation. Purpose(s) of the meeting for which the
parent or student (age 19 and older) have not been provided in the invitation may not be addressed unless the
parent or student (age 19 and older) is in attendance and agrees to discuss the unchecked item(s). If this occurs it
should be documented.
Invite all IEP Team members required for the purpose(s) of the meeting.
If the parent or student (age 19 and older) requests to participate by phone, ask the parent or student
(age 19 and older) to check I WILL BE ABLE TO MEET WITH YOU. Ensure that you have the
number where the parent or student (age 19 and older) can be reached at the scheduled time of the
meeting.
Include a copy of the Special Education Rights if the purpose of the meeting is to determine if the referral
requires an evaluation.
Type the name of the person signing as the education agency official in the space provided when completing
the form in SETS.
Page 13
Process 4: Annual IEP Team Meeting to Develop the IEP
NOTICE AND INVITATION TO A MEETING/CONSENT
FOR AGENCY PARTICIPATION
(Continued)
Record the date that the invitation was sent to the parent and student (age 19 and older) and the results. If
there
is no response (or if the response is to reschedule the meeting) after the first invitation is sent, a second
contact must
be made and the date of the contact recorded on this form. The action and results of the second
contact must be documented.
Agency representatives for transition who may be providing or paying for transition services may
be invited to the IEP meeting but cannot attend without consent from the parent or student
(age 19 and older).
What happens next:
If the parent or student (age 19 and older) checks I WILL be able to meet with you on the scheduled date
and time,” no further action is required with this form. If the parent or student (age 19 and older) checks this
option, but does not attend the meeting or is not available by phone as scheduled, the meeting may be
held with the other required IEP Team members.
If the parent or student (age 19 and older) checks I WILL NOT be able to meet on the scheduled date and
time, but would
like to reschedule, please contact me at ,” document this in the Results space and
reschedule the meeting at
mutually agreed upon time and place.
Send a new invitation with the new meeting date.
This invitation must be sent/given to the parent (age 19 and older) and may be followed-up with a phone
call, email, etc. A second invitation (if needed) should be sent/given to the parent or student in an attempt
to schedule the meeting and may be followed-up with a phone call, email, etc.
If the parent or student (age 19 and older) checks “I WILL NOT be able to attend the meeting. The meeting
may proceed without me,” hold the meeting as scheduled with the other required IEP Team members.
If the parent or student (age 19 and older) does not respond to two attempts (first and second notice) the
public agency may conduct the meeting.
Note: Please remember to schedule meetings at a mutually agreed upon time and place.
If the parent or student (age 19 and older) checks, I GIVE CONSENT for the representative from the
other transition agency(s) to attend the meeting, “the public agency should invite the transition agency
representatives to attend the meeting. If the parent or student (age 19 and older) checks this option but the
transition agency representatives do not attend the meeting as scheduled, the meeting may be held with
the other required IEP Team members.
If the parent or student (age 19 and older) checks I DO NOT give consent for representatives from the
other transition agency(s) to attend the meeting,” the transition agency representative may not be invited to
attend the meeting.
If the parent or student (age 19 and older) does not respond to two attempts (first and second invitation)
regarding consent for transition agency representatives to attend the meeting the public agency may conduct
the meeting but must not invite the agency representatives for transition.
If the purpose of the meeting was to determine if the referral requires evaluation and the referral is accepted,
the parent or student (age 19 and older) must sign the Notice and Consent for Initial Evaluation before any
evaluation(s) may be conducted.
Note:
The date the public agency receives
a
signed
Notice and Consent
for Initial Evaluation
begins
the 60 calendar day timeline to complete the initial evaluation.
If the purpose of the meeting was to determine initial or continued eligibility, a copy of the Notice and
Eligibility Decision Regarding Special Education Services must be provided to the parent and student
(age 19 and older).
If the purpose of the meeting was to discuss reevaluation, the parent and student (age 19 and older) must also
be provided a copy of the Notice of IEP Team’s Decision Regarding Reevaluation. If additional data
collection/evaluation(s) are required, the parent or student (age 19 and older) must then sign the Notice
and Consent for Reevaluation form unless two attempts to gain consent with no response can be
documented.
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Process 4: Annual IEP Team Meeting to Develop the IEP
NOTICE AND INVITATION TO A MEETING/CONSENT
FOR AGENCY PARTICIPATION
(Continued)
If the purpose of the meeting was to develop the initial IEP, the parent or student (age 19 and older),
must receive an invitation to the meeting using the Notice and Invitation to a Meeting/Consent for
Agency Participation. The first invitation must be sent/given to the parent or student (age 19 and older)
and may be followed up with a phone call, email, etc. A second invitation if needed should be
sent/given to the parent or student in an attempt to schedule the meeting and may be followed up with
a phone call, email, etc.
If the purpose of the meeting was to conduct the annual review of the current IEP, the IEP Team
must schedule an annual review meeting, but may not rewrite the IEP at that time. A meeting must be
held by the annual review date to review the current IEP that will not expire until the
TO date. If the purpose of the meeting was to develop/review/revise the IEP, the IEP Team will
develop the annual IEP, review or revise the current IEP. The parent or student (age 19 and older), must
receive an invitation to the meeting using the Notice and Invitation to a Meeting/Consent for Agency
Participation.
If the purpose of the meeting was to discuss transition/postsecondary services, the student age 16 and
older must receive an invitation to the IEP Team meeting. In the state of Alabama, transition must be
addressed for students entering ninth grade or at age 15 if the student will turn 16 during the IEP being
written/developed.
If the purpose of the meeting was to conduct a manifestation determination, the LEA, parent and
relevant team members of the IEP Team (as determined by the parent and the LEA) must meet within
ten days to review all relevant information regarding the student’s behavior and to determine
whether the behavior in question is or is not a manifestation of the student’s disability.
If the purpose of the meeting is to Develop/Revise/Discuss Behavioral Intervention Plan, the required
IEP Team members must meet to determine the problem behavior, develop positive behavioral
supports, strategies, and interventions to reduce occurring behaviors. The IEP Team can meet to discuss
and or revise the behavior intervention plan as appropriate.
If the purpose of the meeting was to conduct a resolution session, the LEA must convene a meeting
with the parent and the relevant member or members of the IEP Team who have specific knowledge or
facts identified in the due process hearing request. The purpose of the meeting is for the parents of the
child to discuss the due process hearing request and the facts that form the basis of the request so that
the LEA has the opportunity to resolve the issue.
All notices must be sent to the parent even after the rights have transferred to the student at age 19. The
notice and invitation must be sent to the parent or the student (age 19 and older) whichever one has
IDEA decision-making rights.
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AAC pages 543-562
SPECIAL EDUCATION RIGHTS
UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA)
To Date Provided
You are receiving a copy of Special Education Rights (procedural safeguards) for the following reason(s):
[ ] Required annual copy [ ] Parental request
[ ] Initial referral/Parental request for evaluation [ ] 1
st
State complaint filed
[ ] Disciplinary action resulting in change of [ ] 1
st
Request for due process hearing
placement.
If you have questions or need further assistance in understanding these rights, please
contact:
at
Name Telephone
Number
Federal and state laws create specific rights for those eligible for SES. A copy of those rights must be
given to parents only one time a year, except that a copy must also be given to the parents upon initial
referral or parental request for evaluation, upon the first state complaint in a school year and upon the
first request for a due process hearing in a school year, when a decision is made to the disciplinary action
that constitutes a change of placement, and upon request by a parent. The following is an explanation of
those rights. If you would like a further explanation of any of these rights, you may contact the
individual named above; your school principal; the special education coordinator in your school system;
or your superintendent of schools. If you want another copy of your rights, have any questions, or wish
to arrange a conference, please contact the individual named above.
Your education agency must provide you with prior written notice within a reasonable time before it
proposes or refuses to initiate or change the identification, evaluation, educational placement, or the
provision of a free appropriate public education (FAPE). The notice must include a full explanation of all
of the procedural safeguards available to you; a description of the action proposed or refused by
the education agency; an explanation of why your education agency proposes or refuses to take the
action; a description of other options considered by the Individualized Education Program (IEP)
Team and the reasons why those options were rejected; a description of each evaluation procedure,
assessment, record, or report the education agency used as a basis for the proposal or refusal; a
description of any other factors which are relevant to the education agency’s proposal or refusal; sources
to contact to obtain assistance in understanding the rights for special education; a statement indicating
that you have protection under the procedural safeguards; and if the notice sent to you is not the first
referral for evaluation, the way by which you may obtain a copy of the procedural safeguards. The
written notice must be understandable to the general public and provided in your native language or
other mode of communication, unless it is clearly not feasible to do so. If your native language or other
mode of communication is not a written language, your education agency must take steps to ensure that
the notice is translated orally or by other means to you in your native language or other mode of
communication; that you understand the content of the notice; that you are provided sources to contact to
obtain assistance in understanding the information; and that there is written evidence that these
requirements have been met. If your education agency offers parents the choice of receiving documents
by email, you may choose to receive prior written notice by email. Written notice must be provided to
you when your child graduates from high school with a regular diploma or exits because he or she has
exceeded the age of eligibility for a free appropriate public education.
ALSDE Approved Feb. 2013
PRIOR WRITTEN NOTICE
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Your education agency must obtain your informed written consent before conducting an initial evaluation,
before the initial provision of special education and related services, or before obtaining additional data as
part of a reevaluation. Your consent to an initial evaluation must not be construed as consent for initial
provision of special education services and related services. The education agency may but is not required
to use the state procedures for mediation and due process hearings to determine whether initial evaluations
or reevaluations may be conducted when you have refused informed written consent. If the hearing
officer upholds your education agency, the education agency may evaluate subject to your rights to
appeal the decision and the child must remain in the current educational placement awaiting the decision
of the appeal unless you and the education agency agree otherwise. If the parent of a child refuses to give
consent to the initial provision of special education and related services, or fails to respond to a request
for consent, the education agency shall not provide special education and related services to the child by
utilizing due process hearing or mediation procedures. In this instance, the education agency will not
be considered to be in violation of the requirement to make available a free appropriate public
education to the child and is not required to convene an IEP Team meeting or develop an IEP for the
child. The same applies if, subsequent to the initial provision of special education and related services,
the parent revokes consent in writing and the public agency provides prior written notice before ceasing
services. If the parent revokes consent in writing after the initial provision of services, the public agency is
not required to amend the child’s education record to remove any references to the child’s receipt of
special education and related services because of the revocation of consent.
Your education agency must obtain your informed consent before it reevaluates your child unless your
education agency can demonstrate that it took reasonable steps to obtain your consent for your child's
reevaluation and you did not respond. If you refuse to consent to your child's reevaluation, the education
agency may, but is not required, pursue your child's reevaluation by using the mediation and/or due
process hearing procedures to seek to override your refusal to consent to your child's reevaluation. As
with initial evaluations, your education agency does not violate its obligations under Part B of the
Individual with Disabilities Education Act (IDEA) if it declines to pursue the reevaluation in this manner.
However, if after at least two attempts to obtain your consent for reevaluation you have not responded,
the education agency may proceed with the reevaluation. Your consent is not required before your
education agency may review existing data as part of your child's evaluation or a reevaluation, or give
your child a test or other evaluation that is given to all children unless, before that test or evaluation,
consent is required from all parents of all children. An education agency may not use a parent's refusal to
consent to one service or activity regarding initial evaluation for special education services to deny the
parent or child any other service, benefit, or activity offered by the education agency for all children,
except as required by this part. If you are the parent of a child who is home schooled or placed in a
private school at your own expense, and you do not provide your informed written consent for your
child’s initial evaluation or your child’s reevaluation, or you fail to respond to a request to provide your
informed written consent, the education agency shall not use its consent override procedures and it is not
required to consider your child as eligible to receive equitable services. Your informed written consent or
the informed written consent of an eligible child who has reached the age of majority (age 19) must be
obtained prior to an IEP Team meeting before representatives of participating agencies who may be
responsible for providing or paying for transition services may be invited to the IEP Team meeting.
When a child with a disability reaches the age of majority under state law (age 19) that applies to all
children (except for a child with a disability who has been determined to be incompetent under state
law) the education agency must provide any notice required by this part to both the child and the
parents; and all rights accorded to parents under Part B of the IDEA transfer to the child; all rights
accorded to parents under Part B of the IDEA transfer to children who are incarcerated in an adult
or juvenile state or local correctional institution; and whenever the rights have been transferred, the agency
must notify the child and the parents of the transfer of rights.
PARENTAL CONSENT
TRANSFER OF PARENTAL RIGHTS AT AGE OF MAJORITY
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Approved
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2013
You have the right to an independent educational evaluation at public exp
ense if you disagree with
an evaluation obtained by your education agency. However, your education agency may request a due
process hearing to show that its evaluation is appropriate. If the final decision is that the
evaluation is appropriate, you still have the right to an independent educational evaluation, but not at
public expense. If you obtain an independent educational evaluation at private expense, the results of
the evaluation must be considered by your education agency (if it meets agency criteria) in any
decision made with respect to the provision of a free appropriate public education and may be
presented as evidence at a due process hearing. If a due process hearing officer requests an
independent educational evaluation as part of a hearing, the cost of the evaluation will not be at
your expense. Each education agency shall provide you, on request, information about where an
independent educational evaluation may be obtained and the criteria for the independent educational
evaluation. Whenever an independent educational evaluation on is at public expense, the standards
under which the evaluation is obtained, including the location of the evaluation and the qualifications
of the examiner
, must be the same as the
standards that the education agency uses when it conducts an
evaluation. A parent is entitled to only one independent educational evaluation at public expense
each time the public agency conducts an evaluation with which the parent disagrees.
DIFFERENCE BETWEEN STATE COMPLAINT
AND DUE
PROCESS HEA RING
PROCEDURES
The regulations for Part B of IDEA set forth separate procedures for state complaints and for due
process hearings. As explained below, any individual or organization may file a state complaint alleging
a violation of any Part B requirement by an education agency, the ALSDE, or any other public agency.
Only you or an education agency may file a due process hearing request on any matter relating to a
proposal or a refusal to initiate or change the identification, evaluation, or educational placement of a
child with a disability, or the provision of a free appropriate public education to the child. While staff of
the ALSDE generally must resolve a state complaint within a 60-calendar-day timeline, unless the
timeline is properly extended, an impartial due process hearing officer must hear a due process hearing
(if not resolved through a resolution meeting or through mediation) and issue a written decision within
45-calendar-days after the end of the resolution period, unless the hearing officer grants a specific
extension of the timeline at your request or the education agency’s request.
Any individual or organization has a right to file a signed written complaint alleging that a school system
has violated the IDEA or 34 CFR Part 300 and the facts on which the statement is based; to present
allegation(s) that occurred not more than one year prior to the date that the complaint is received; to
submit additional information either orally or in writing about the allegations in the complaint; to a written
decision within 60 calendar days that addresses each allegation in the complaint and contains findings of
fact and conclusions and the reasons for the final decision; to an extension of the time limit only if
exceptional circumstances exist with respect to a particular complaint; and to procedures for
effective implementation of the final decision, if needed, including technical assistance activities,
negotiations, and corrective actions to achieve compliance. It is permissible for the timeline to be
extended if the parent and the education agency agree to extend the timeline in order to participate in
mediation to resolve the state complaint. The education agency will respond to the complaint allegations, at
the discretion of the education agency, a proposal to resolve the complaint. An independent onsite
investigation will occur as determined appropriate by the ALSDE, Special Education Services (SES)
Section.
If requested, the ALSDE, Special Education Services, will provide you with a sample form for filing a
state complaint.
You are not required to use the sample form, however your complaint must include: (1) A statement that
a public agency has violated a requirement of Part B of the IDEA or of this part; (2) The facts on which
the statement is based; (3) The signature and contact information for the complainant; and (4) If alleging
violations with respect to a specific child: (a) The name and address of the residence of the child; (b) The
name of the school the child is attending; (c) In the case of a homeless child or youth (within the meaning
INDEPENDENT EDUCATIONAL EVALUATION
STATE COMPLAINT PROCEDURES
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ALSDE
Approved
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2013
of Section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a (2)),
available contact information for the child, and the name of the school the child is attending; (d) A
description of the nature of the problem of the child, including facts relating to the problem; and (e) A
proposed resolution of the problem to the extent known and available to the party at the time the
complaint is filed.
A party filing a complaint must send it to the SES Section of the ALSDE. The party filing the complaint
must forward a copy of the complaint to the LEA or public agency serving the child at the same time the
party files the complaint with the ALSDE. If after reviewing the complaint, the SES determines that it
includes all of the required information and is signed, the 60-day timeline begins on the workday that the
SES received the complaint. A signature requirement is the same that a person would use for any other
legal document such as a bank check or signing a contract. Exceptions may be made for persons without
the ability to sign their name.
If a written complaint is received that is also the subject of a due process hearing or contains multiple
issues of which one or more are part of that hearing, the state must set aside any part of the complaint
that is being addressed in the due process hearing until the conclusion of the hearing. However, any
issue in the complaint that is not a part of the due process action must be resolved using the time limit
and procedures required. If an issue raised in a complaint filed under this section has previously been
decided in a due process hearing involving the same parties the due process hearing decision is binding
on that issue; and the SEA must inform the complainant to that effect. A complaint alleging a public
agency's failure to implement a due process hearing decision must be resolved by the SEA.
STATE MEDIATION PROCEDURES
You have the right to participate in mediation to resolve disagreements under IDEA with an
education agency, whether or not you have requested a due process hearing or have filed a state
complaint. The voluntary mediation will be scheduled by the ALSDE at no cost to you. A qualified
impartial mediator trained in effective mediation techniques and selected by rotation will be provided
and each mediation session will be scheduled in a timely manner and held in a location convenient
to the parties in the dispute. The ALSDE must have a list of qualified mediators, and the mediators
must be knowledgeable of the laws and regulations relating to special education and related services.
The mediators may not be employees of the ALSDE or the education agency involved in the
education or care of your child and must not have a personal or professional conflict of interest.
You may participate without denial or delay of any other rights. If an agreement is reached, a
legally binding written agreement that is signed by the parent and a representative of the
education agency that has the authority to bind the education agency will state the resolution.
All parties sign a confidentiality pledge prior to the beginning of the mediation process to assure
confidentiality of mediation discussions and assurance that discussions may not be used as evidence in
any later due process hearings or civil proceedings. The mediation agreement is enforceable in any
state court of competent jurisdiction or in a district court of the United States. The education agency
may develop procedures that offer an opportunity to meet with a disinterested party at a time and
location convenient to you if you have chosen not to participate in mediation. The benefits of
mediation will be explained by the disinterested party to encourage the use of mediation.
DUE PROCESS HEARING PROCEDURES
You may request a due process hearing regarding the education agency’s proposal or refusal to initiate
or change the identification, evaluation, educational placement, or the provision of a free
appropriate public education. If you request a hearing, you or your attorney must provide a copy of
the written request (that must be kept confidential) to the other party and to the ALSDE. If requested,
the ALSDE, Special Education Services Section, will provide you with a sample form for requesting a
due process hearing.
You are not required to use the sample form; however, your request must include: (1) The name of
the child; (2) The address of the residence of the child or available contact information in the case of a
homeless child; (3) The name of the school the child is attending; (4) A description of the nature of the
problem including facts relating to the problem that occurred within two years of the date the
parent or the education agency knew or should have known about the alleged action that is the basis for
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the hearing request; and (5) A proposed resolution of the problem to the extent known and available
to you at the time you requested the hearing. The timeline shall not apply to a parent if the parent
was prevented from requesting the hearing due to specific misrepresentations by the education agency
that it had resolved the problem forming the basis of the written request; or the education
agency’s withholding of information from the parent that was required under this part to be provided
to the parent. You or the education agency may not have a due process hearing until you (or your
attorney), or the education agency, files a due process hearing request that includes all of the
information listed above.
If after receiving the due process hearing request the SES Section determines that it includes all of the
required information and is signed, the due process hearing will be initiated and the timeline begins on
the workday received. A signature requirement is the same that a person would use for any other
legal document such as a bank check or signing a contract. Exceptions may be made for persons
without the ability to sign their name.
The party requesting the hearing shall not be allowed to raise issues at the hearing that were not raised in
the written request for a hearing unless the other party agrees otherwise.
The education agency must inform you of any free or low-cost legal and other relevant services available in
the area if you request the information or if you or the education agency requests a hearing.
In order for a due process hearing to go forward, the request must be considered sufficient. The due
process request will be considered sufficient (to have met the content requirements above) unless the
party receiving the due process complaint (you or the education agency) notifies the hearing officer
and the other party in writing, within 15-calendar-days of receiving the complaint, that the receiving
party believes that the due process complaint does not meet the requirements listed above. Within five
calendar days of receiving the notification that the receiving party (you or the education agency)
considers a due process request insufficient, the hearing officer must decide if the due process request
meets the content requirements, and notify you and the education agency in writing immediately.
You or the education agency may make changes to the hearing request only if the other party approves of
the changes in writing and is given the chance to resolve the due process request through a
resolution meeting, or no later than five days before the due process hearing begins, the hearing
officer grants permission for the changes. If the complaining party makes changes to the due
process request, the timelines for the resolution meeting and the time period for resolution start again on
the date the amended request is filed.
Within ten calendar days of receiving a copy of your request for a hearing, the education agency
will provide you written notice addressing the concerns of the request for hearing, if it has not previously
done so. The response must include an explanation of why the education agency proposed or refused to
take the action raised in the due process request, a description of other options that the child's IEP
Team considered and the reasons why those options were rejected, a description of each evaluation
procedure, assessment, record, or report the education agency used as the basis for the proposed or
refused action, and a description of the other factors that are relevant to the educational agency’s
proposed or refused action. However, providing this information does not prevent the education agency
from asserting that the due process request was insufficient.
If the education agency files the due process hearing request, you must, within ten calendar days of
receiving the request, send the education agency a response that specifically addresses the issues in the
complaint.
Prior to the opportunity for a hearing, the education agency, within 15-calendar-days of receiving
the parents’ request for a hearing, will convene a meeting with the parents and the relevant
member or members of the IEP Team (as determined by the education agency and the parent),
including a member who has decision-making authority on behalf of the education agency, and who
have specific knowledge of the facts identified in the written request for a hearing. The education
agency may not include an attorney of the education agency if an attorney does not accompany the
parent. The purpose of the meeting is for the parents of the child to discuss their hearing issues and
the facts that form the basis of the hearing request.
ALSDE Approved Feb. 2013
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The education agency is then provided the opportunity to resolve the hearing issues unless the parents and
the education agency agree in writing to waive such meeting or agree to use the mediation process. If a
resolution is reached at the resolution meeting or mediation, the parties shall execute a legally binding
agreement that is signed by both the parent and a representative of the education agency who has the
authority to bind the education agency. This agreement is enforceable in any state court of competent
jurisdiction or in a district court of the United States. If the parties execute such an agreement, a party
may void such agreement within three business days of the agreement’s execution. If the education
agency has not resolved the hearing issues to the satisfaction of the parents within 30-days of the receipt of
the written request for a hearing, the hearing may occur and all the applicable timelines for a hearing
will commence. A final hearing decision will be reached within 45-calendar-days after the hearing
timeline commences (i.e., after the 30-day timeline to resolve the issues has expired) unless the hearing
officer grants a specific extension at the request of either party. A copy of the decision is mailed to each of
the parties.
Except where you and the education agency have both agreed to waive the resolution process or to use
mediation, failure of the parent to participate in the resolution meeting will delay the timelines for the
resolution process and the due process hearing until the parent’s agree to participate in a meeting. If
after making reasonable efforts and documenting such efforts, the education agency is notable to
obtain the parent’s participation in the resolution meeting, the education agency may, at the end of the
30-calendar-day resolution period, request that a hearing officer dismiss your due process request.
Documentation of such efforts must include a record of the education agency’s attempts to arrange a
mutually agreed upon time and place, such as detailed records of telephone calls made or attempted and
the results of those calls; copies of correspondence sent and any responses received; and detailed records of
visits made to the home or place of employment and the results of those visits. If the education agency fails
to hold the resolution meeting within 15-calendar-days of receiving notice of the parent’s due process
request or fails to participate in the resolution meeting, the parent may ask a hearing officer to order that
the 45-calendar-day due process hearing timeline begin.
If the parent and the education agency agree in writing to waive the resolution meeting, then the
45-calendar-day timeline for
the due process hearing starts the next day. After the start of mediation
or the resolution meeting and before the end of the 30-calendar-day resolution period, if the parent
and the education agency agree in
writing that no agreement is possible, then the 45-calendar-day
timeline for the due process hearing
starts the next day. If the parent and the education agency
agree to use the mediation process, at the end of the 30-calendar-day resolution period both parties
can
agree in writing to continue the mediation until an agreement is reached. However, if either
p
arty withdraws from the mediation process, then the 45-calendar-day timeline for the due process
hearing starts the next day.
At a minimum a hearing officer must not be an employee of the state education agency or the local
education agency that is involved in the education or care of the child or any person having a personal or
professional interest that would conflict with his or her objectivity in the hearing. A person who otherwise
qualifies to conduct a hearing is not an employee of the education agency solely because he or she is paid
by the education agency to serve as a hearing officer. He or she must possess the knowledge and the
ability to: understand the provisions of the IDEA, federal and state regulations pertaining to the IDEA, and
legal interpretations by federal and state courts; conduct hearings in accordance with appropriate,
standard legal practice; and render and write decisions in accordance with appropriate, standard legal
practice.
Each education agency shall keep a list of the persons who serve as due process hearing officers. The list
must include a statement of the qualifications of each of those persons.
Any party to a hearing has the right to be accompanied and advised by counsel and by individuals with
special knowledge or training with respect to the problems of children with disabilities except state law
prohibits non-attorney representation; present evidence and confront, cross-examine, and compel the
attendance of witnesses; prohibit the introduction of any evidence at the hearing that has not been
disclosed to that party at least five business days before the hearing; obtain a written or electronic
verbatim record of the hearing; and obtain written, or at the option of the parents, electronic findings of
fact and decisions at no cost.
ALSDE Approved Feb. 2013
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ALSDE Approved Feb. 2013
In addition, you have the right to have the child present, open the hearing to the public, and have the
hearing conducted at a time and place that is reasonably convenient to you at no cost. At least five
business days prior to the hearing, each party shall disclose to all other parties all evaluations completed
by that date and the
recommendations
based on the offering party’s evaluation that the party intends
to use at the hearing. A hearing officer may prevent any party that fails to comply with
this requirement from
introducing
the relevant
evaluations
or
recommendations
at the
hearing
without
the
consent
of
the
other
party.
The decision of the hearing officer is final except that any party aggrieved by the findings and decision
made in a due process hearing has the right to bring a civil action in any state court of competent
jurisdiction or in a district court of the United States without regard to the amount in controversy. An
aggrieved party must file a notice of intent to file a civil action with all parties to the hearing within
30-calendar-days upon receipt of the decision of the hearing officer. A civil action in a court of
competent jurisdiction must be filed within 30 days of the filing of the notice of intent to file a civil
action.
A hearing officer’s decision on whether the child received a free appropriate public education must be
based on substantive grounds. In matters alleging a procedural violation, a hearing officer may find that
the child did not receive free appropriate public education only if the procedural inadequacies
interfered with the child’s right to free appropriate public education, significantly interfered with
the parent’s opportunity to participate in the decision-making process regarding the provision of
free appropriate public education to the child, or caused a deprivation of an educational benefit.
None of the provisions described above can be interpreted to prevent a hearing officer from ordering
an education agency to comply with the procedural safeguards requirements.
Nothing in this part should be interpreted to prevent the parent from submitting a separate due process
hearing request on an issue separate from a due process request already filed.
During the pendency of the resolution period, a due process hearing, or judicial proceeding, unless you
and the state or your education agency agree otherwise, the child must remain in his or her
current educational placement. If the hearing officer agrees with the parent that a change of
placement is appropriate, that placement must be treated as an agreement between the state and
the parent.
If the hearing involves an application for initial admission to public school, the child, with parental
consent, must be placed in the public school until the completion of all the proceedings. If the hearing
involves an application for initial services under Part B from a child transitioning from Part C to Part B
and is no longer eligible for Part C services because the child turned three, the education agency is not
required to provide the Part C services that the child was receiving. If the child is found eligible
for special education and related services under Part B, and the parent consents to the initial
provision of special education and related services, then the educational agency must provide those
special education and related services that are not in dispute. However, if a parent requests a due
process hearing regarding a disciplinary action, placement remains in the alternative education
setting pending the decision of the hearing officer or until the expiration of the time period
unless the parent and the education agency agree otherwise. A request for expedited hearing for
discipline matters must occur within 20 school days of the date the hearing is requested, and the
hearing officer must make a determination within ten school days after the hearing.
State Enforcement Mechanisms For enforcement of a written agreement reached as a result of
mediation or a resolution meeting, the State Education Agency (SEA) will allow other state enforcement
mechanisms to seek enforcement of that agreement, provided that use of those mechanisms is not
mandatory and does not delay or deny a party the right to seek enforcement of the written agreement in a
state court of competent jurisdiction or in a district court of the United States.
CIVIL ACTION
CHILD'S STATUS DURING PROCEEDINGS
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AWARD OF ATTORNEYSFEES
In any action or proceeding brought under Part B of the IDEA, the court may award reasonable attorneys’
fees to a prevailing party who is the parent of a child with a disability; or to a prevailing party who is a state
or local education agency against the attorney of a parent who files a hearing request or court case that
is frivolous, unreasonable, or without foundation; or against the attorney of a parent who continued to
litigate after the litigation clearly became frivolous, unreasonable, or without foundation; or to a
prevailing state or local education agency against the attorney of a parent, or against the parent if the
parent’s request or subsequent cause of action was presented for any improper purpose, such as to
harass, to cause unnecessary delay, or needlessly increase the cost of litigation. The fee shall be based on
rates prevailing in the community in which the action or proceeding arose for the kind and quality of
services furnished.
Attorneys’ fees may not be awarded and related costs may not be reimbursed for services performed
subsequent to the time of a written offer of settlement to the parent if the offer is made to the parent ten
calendar days prior to the hearing; the offer is not accepted by the parent within ten calendar days; and
hearing officer or court finds that the hearing decision obtained by the parents was not more favorable to
the parents than the offer of settlement. Also, fees may not be awarded for attendance at any IEP Team
meeting unless the meeting is convened as a result of the hearing officer’s decision or court action.
However, an award of attorneys' fees and related costs may be made to a parent who is the prevailing party
and who was substantially justified in rejecting the settlement offer. A resolution meeting is not
considered an administrative hearing or court action for purposes of the attorney’s fees provisions.
The amount of attorneys’ fees awarded may be reduced if the parent or parent’s attorney, during the
course of the action or proceeding, unreasonably protracted the final resolution of the controversy; the
amount of the attorneys’ fees otherwise authorized to be awarded unreasonably exceeds the hourly
prevailing rate in the community for similar services by attorneys of reasonably comparable skill,
reputation, and experience; the time spent and legal services furnished were excessive considering the
nature of the action or proceedings; or the attorney representing the parent did not provide to the
education agency the appropriate information in the due process hearing request. The preceding items
will not apply in any action or proceeding if the court finds that the state or local education agency
unreasonably protracted the final resolution of the action or proceeding or there was a violation of these
rules.
Your education agency must permit you to inspect and review all education records of your child that
are collected, maintained, or used by the participating agency under Part B of the IDEA. The participating
agency must comply with a request without unnecessary delay and before any meeting regarding an
individualized education program, or hearing relating to the identification, evaluation, educational
placement, or provision of a free appropriate public education, or resolution session is conducted and in
no case more than 45 days after the request has been made. Your right to inspect and review records
includes your right to a response from the participating agency to reasonable requests for explanations
and interpretations of the records; to have your representative inspect and review the records; and to
request that the participating agency provide copies of the records containing the information if failure to
provide those copies would effectively prevent you from exercising your right to inspect and review the
records. The participating agency may not charge a fee to search for or to retrieve information under this
part, but may charge a fee for copies of records which are made for you under this part if the fee does not
effectively prevent you from exercising your right to inspect and review those records. The agency may
presume that you have authority to inspect and review records unless the agency has been advised that
you do not have the authority under applicable state law governing such matters as guardianship, or
separation, and divorce. If any education record includes information on more than one child, you may
review only the information relating to your situation or be informed of that specific information. The
participating agency must provide you, on request, a list of the types and locations of education
records collected, maintained, or used by the participating agency. The participating agency must keep
a record of parties obtaining access to education records collected, maintained, or used (except
access by parents and authorized employees of the participating agency), including the name of the
party, the date access was given, and the purpose for which the party is authorized to review the records.
ALSDE Approved Feb. 2013
ACCESS TO RECORDS
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Process 4: Annual IEP Team Meeting to Develop the IEP
ALSDE
Approved
Feb.
2013
RIGHTS FOR CHILDREN
Education agencies must afford to the child, rights of privacy similar to those afforded to parents
regarding records taking into consideration the age of the child and type and severity of the disability.
Although the rights of parents under the IDEA transfer to the child at the age of majority (age 19), the
rights of parents regarding educational records under the Family Educational Rights and Privacy Act
(FERPA) at 34 CFR Part 99 transfer to the child at age 18.
CONSENT FOR DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION
Your consent must be obtained before personally identifiable information is disclosed to parties other
than officials of participating agencies. Except under the circumstances below, your consent is not
required before personally identifiable information is released to officials of participating agencies for
purposes of meeting a requirement of Part B of the IDEA.
Your consent or the consent of an eligible child who has reached the age of 19 must be obtained before
personally identifiable information is released to officials of participating agencies responsible for
providing or paying for transition services. Also, if your child is in or is going to go to a private
school that is not located in the same LEA you reside in, your consent must be obtained
before any personally identifiable information about your child is released between officials in
the LEA where the private school is located and officials in the LEA where you reside.
If you believe that information in your child’s education records collected, maintained, or used under
Part B of the IDEA is inaccurate, misleading, or violates the privacy or other rights of the child,
you may request that the education agency that maintains the information amend the information.
The participating agency must decide whether to amend the information in accordance with your
request within a reasonable period of time of receipt of the request. If the participating agency
decides to refuse to amend the information in accordance with the request, it must inform you of the
refusal and advise you of your right to a hearing. The participating agency shall, on request,
provide an opportunity for a hearing, which complies with FERPA procedures, to challenge
information in your child’s education records to ensure that it is not inaccurate, misleading, or
otherwise in violation of the privacy or other rights. If, as a result of the hearing, it is determined that
the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the
child, the participating agency must amend the information accordingly and so inform you in writing.
If, as a result of the hearing, it is determined that the information is not inaccurate, misleading,
or otherwise in violation of the privacy or other rights, the participating agency must inform you
of the right to place in the records it maintains on your child, a statement commenting on the
information or setting forth any reasons for disagreeing with the decision of the participating agency.
Any explanation placed in the records must be maintained by the participating agency as part of the
record as long as the record or the contested portion is maintained by the participating agency. If the
records or the contested portion are disclosed by the participating agency to any party, the explanation
must also be disclosed to the party.
You must be informed by the public agency when personally identifiable information collected,
maintained, or used under Part B of the IDEA is no longer needed to provide education services to your
child. The information must be destroyed at your request. However, a permanent record of a student’s
name, address, and phone number, his or her grades, attendance record, classes attended, grade level
completed, and year completed may be maintained without time limitation. Information must be
destroyed in a manner that maintains confidentiality.
Part B of the IDEA does not require an LEA to pay for the cost of education, including special education
and related services, of your child with a disability at a privat
e school or facility if the LEA made FAPE
AMENDMENT OF RECORDS AS PARENT'S REQUEST
DESTRUCTION OF INFORMATION
CHILDREN WITH DISABILITIES ENROLLED BY THEIR PARENTS IN PRIVATE SCHOOLS
WHEN FREE APPROPRIATE PUBLIC EDUCATION IS AT ISSUE
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Process 4: Annual IEP Team Meeting to Develop the IEP
Table of ContentsTable of ContentsTable of Contents
available to your child and you choose to place the child in a private school or facility. However, the
public agency where the private school is located must include your child in the population whose needs
are addressed under the Part B provisions regarding children who have been placed by their parents in a
private school. Disagreements between the parents and the public agency regarding the availability of a
program appropriate for the child and the question of financial reimbursement, are subject to the due
process procedures. If the parents of a child with a disability who previously received special education
and related services under the authority of an public agency enroll the child in a private elementary or
secondary school without the consent of or referral by the public agency, a court or a hearing officer may
require the agency to reimburse the parents for the cost of that enrollment if the court or hearing officer
finds that the agency had not made a free appropriate public education available to the child in a timely
manner prior to that enrollment. The cost of reimbursement may be reduced or denied if at the most
recent IEP meeting that the parents attended before removal of the child from the public agency, the
parents did not inform the IEP Team that they were rejecting the placement proposed by the public
agency to provide a free appropriate public education to their child, including stating their concerns and
their intent to enroll their child in a private school at public expense; or at least ten business days
(including any holidays that occur on a business day) prior to the removal of the child from the public
agency, the parents did not give written notice to the public agency that they were rejecting the offered
placement; or prior to the parents’ removal of the child, the public agency informed the parents of its
intent to evaluate the child (including a statement of the purpose of the evaluation that was appropriate
and reasonable), but the parents did not make the child available for such evaluation; or a judicial finding
of unreasonableness with respect to actions taken by the parents is found. EXCEPTION: The cost of
reimbursement shall not be reduced or denied for a parent’s failure to provide such notice if the school
prevented the parent from providing such notice, the parent had not received this document, or
compliance with this requirement would likely result in physical harm to the child; and may in the
discretion of a court or hearing officer not be reduced or denied for failure to provide such notice if the
parent is not literate and cannot write in English; or compliance would likely result in serious emotional
harm to the child.
DISCIPLINE
Authority
of
School
Personnel
School personnel may consider any unique circumstances on a case-by-case basis when determining
whether a change in placement, consistent with the other requirements of this section, is appropriate for a
child with a disability who violates a code of student conduct.
School personnel under this section may remove a child with a disability who violates a code of student
conduct from his or her current placement to an appropriate interim alternative educational setting,
another setting, or suspension, for not more than ten consecutive school days (to the extent those
alternatives are applied to children without disabilities), and for additional removals of not more than ten
consecutive school days in that same school year for separate incidents of misconduct (as long as those
removals do not constitute a change of placement).
After a child with a disability has been removed from his or her current placement for ten school days in
the same school year, during any subsequent days of removal, the education agency must provide services
to the child with a disability who is removed from the child’s current placement. The child must continue
to receive educational services, so as to continue to participate in the general education curriculum,
although in another setting, and to progress toward meeting the goals set out in the child’s IEP, and
receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and
modifications, that are designed to address the behavior violation so that it does not recur.
For disciplinary changes in placement that would exceed ten consecutive school days, if the behavior that
gave rise to the violation of the school code is determined not to be a manifestation of the child’s
disability, school personnel may apply the relevant disciplinary procedures to children with disabilities in
the same manner and for the same duration as the procedures would be applied to children without
disabilities, except that the child must continue to receive educational services. The educational services
may be provided in an interim alternative setting.
An education agency is only required to provide services during periods of removal to a child with a
disability who has been removed from his or her current placement for ten school days or less in that
school year, if it provides services to a child without disabilities who is similarly removed.
ALSDE Approved Feb. 2013
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Process 4: Annual IEP Team Meeting to Develop the IEP
Table of ContentsTable of ContentsTable of Contents
Table of Contents
After a child with a disability has been removed from his or her current placement for ten school days in
the same school year, if the current removal is for not more than ten consecutive school days and is not
a change of placement, school personnel, in consultation with at least one of the child’s teachers,
determine the extent to which services are needed so as to enable the child to continue to participate
in the general education curriculum, although in another setting, and to progress toward meeting the
goals set out in the child’s IEP. If the removal is a change of placement, the child’s IEP Team determines
appropriate services.
Change of Placement Because of Disciplinary Removals
The child’s IEP Team determines the interim alternative educational setting for services. For purposes of
removals of a child with a disability from the child’s current educational placement, a change of
placement occurs if the removal is for more than ten consecutive school days, including partial school
days of a half day or more, or the child has been subjected to a series of removals that constitute a pattern
because the series of removals total more than ten school days in a school year, because the child’s
behavior is substantially similar to the child’s behavior in previous incidents of misconduct that resulted
in the series of removals, and because of such additional factors as the length of each removal, the total
amount of time the child has been removed, and the proximity of the removals to one another. The
education agency (a minimum of an administrator and the student’s special education teacher) determines
on a case-by-case basis whether a pattern of removals constitutes a change of placement. This
determination is subject to review through due process and judicial proceedings.
Notification
On the date on which the decision is made to make a removal that constitutes a change of placement of a
child with a disability because of a violation of a code of student conduct, the education agency must
notify the parents of that decision, and provide the parents with a copy of the Special Education Rights.
Manifestation Determination
1. Within ten school days of any decision to change the placement of a child with a disability because of
a violation of a code of student conduct, the education agency, the parent, and relevant members of
the child’s IEP Team (as determined by the parent and the education agency) must review all
relevant information in the student’s file, including the child’s IEP, any teacher observations, and any
relevant information provided by the parents to determine if the conduct in question was caused by,
or had a direct and substantial relationship to, the child’s disability, or if the conduct in question was
the direct result of the education agency’s failure to implement the IEP.
2. The conduct must be determined to be a manifestation of the child’s disability if the education
agency, the parent, and relevant members of
the child’s IEP Team determine that either condition
is met.
3. If the education agency, the parent, and relevant members of the child’s IEP Team determine that there
was a failure to implement the IEP, the education agency must take immediate steps to remedy
those deficiencies.
Determination that Behavior was a Manifestation If the education agency, the parent, and
relevant members of the IEP Team make the determination that the conduct was a manifestation of
the child’s disability, the IEP Team must:
1. Conduct a functional behavioral assessment, un
less the edu
cation agency
had conducte d a
functi
onal
behavioral assessment dur
ing the previ
ous 18 months befor
e the beh
avior that resulted in the
ch
ange of
placement occurred, and implement a behavioral intervention plan for the child, or
2. If a behavioral intervention plan already has been developed, review the behavioral intervention plan,
and modify it, as necessary, to address the behavior, and
3. Re
turn the child to the
placement from whic
h the child was removed, u
nless the pare
nt and the
education
agency agree to a change of placement as part of the modification of the behavioral intervention plan.
ALSDE Approved Feb. 2013
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Process 4: Annual IEP Team Meeting to Develop the IEP
Table of Contents
Special Circumstances School personnel may remove a student to an interim alternative educational
setting for not more than 45 school days without regard to whether the behavior is determined to be a
manifestation of the child’s disability, if the child:
1.
Carries a weapon to or possesses a weapon at school, on school premises, or to or at a school function
under the jurisdiction of the Department of Education or an education agency,
2.
Knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while
at School, on school premises, or at a school function under the jurisdiction of the Department of
Education or an education agency, or
3.
Has inflicted serious bodily injury upon another person while at school, on school premises, or at a
school function under the jurisdiction of the Department of Education or an education agency.
Definitions For purposes of this section, the following definitions apply:
1.
Controlled substance means a drug or other substance identified under schedules I, II, III, IV, or V in
Section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)).
2.
Illegal drug means a controlled substance, b
ut doe
s not
includ
e a
controlled
substan
ce that
i
s legally
po
ssessed or used under the supervision of a licensed health-care professional or that is legally
possessed or used under any other authority under that Act or under any other provision of Federal law.
3.
Serious bodily injury has the meaning given the term “serious bodily injury” under paragraph (3) of
subsection (h) of Section 1365 of title 18, United States Code.
4.
Weapon has the meaning given the term “dangerous weapon under paragraph (2) of the first
subsection (g) of Section 930 of title 18, United States Code.
Appeal The parent of a child with a disability who disagrees with any decision regarding disciplinary
placement or the manifestation determination, or an LEA that believes that maintaining the current
placement of the child is substantially likely to result in injury to the child or others, may appeal the
decision by requesting a due process hearing.
Authority of Hearing Officer A hearing officer hears and makes a determination regarding an appeal
under this section. In making the determination, the hearing officer may return the child with a disability
to the placement from which the child was removed if the hearing officer determines that the removal
was a violation of disciplinary requirements, or that the child’s behavior was a manifestation of the
child’s disability, or order a change of placement of the child with a disability to an appropriate interim
alternative educational setting for not more than 45 school days if the hearing officer determines
that maintaining the current placement of the child is substantially likely to result in injury to the child or
to others. The procedures may be repeated, if the education agency believes that returning the child
to the original placement is substantially likely to result in injury to the child or to others.
Expedited Due Process Hearing Whenever a hearing is requested, the parents or the education
agency involved in the dispute must have an opportunity for a due process hearing.
1. The Department of Education is responsible for arranging the expedit
ed due proce
ss hearing due to
disciplinary action, which must occur within 20 school days of the date the hearing request
is filed. The
hearing officer must make a determination within ten school days after the hearing.
2. Unless the parents and
education agency agr
ee in writing to waive the r
esolutio
n meeting, or agree to
use the mediation process, a resolution meeting must occur within seven calendar days of receiving
notice of the due process hearing request, and
3. The due process hearing may proceed unless the matter has been resolved to the satisfaction of both
parties within 15 calendar days of the receipt of the due process hearing request.
4. The decisions on expedited due process hearings are appealable.
ALSDE Approved Feb. 2013
Placement During Appeals When an appeal has been made by either the parent or the educational
agency, the child must remain in the interim alternative educational setting pending the decision of the
hearing officer or until the expiration of the time period, whichever occurs first, unless the parent and
education agency agree otherwise.
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Process 4: Annual IEP Team Meeting to Develop the IEP
Protections for Children Not Determined Eligible for Special Education and Related Services
A child who has not been determined to be eligible for special education and related services under this
part and who has engaged in behavior that violated a code of student conduct, may assert any of the
protections provided for in this part if the education agency had knowledge, as specified below, that the
child was a child with a disability before the behavior that precipitated the disciplinary action occurred.
A public agency must be deemed to have knowledge that a child is a child with a disability if before
the behavior that precipitated the disciplinary action occurred if:
1. The parent of the child expressed concern in writing to supervisory or administrative
personnel of t
he
appropriate educational agency, or a teacher of the child, that the child is in nee
d of spe
cial education
and related services,
2. The parent of the child requested an evaluation of the child, or
3. The teacher of the child, or other personnel of the education agency, expressed s
pecific concern
s
about a pattern of behavior demonstrated by the child directly to the
director of speci
al education of
the agency or to other supervisory personnel of the agency.
Exception A public agency would not be deemed to have knowledge if the parent of the child has not
allowed an evaluation of the child, or has refused services under this part, or the child has been evaluated
and determined to not be a child with a disability under this part.
Conditions that Apply if No Basis of Knowledge
1.
If a public agency does not have knowledge that a child is a child with a disability prior to taking
disciplinary measures against the child, the child may be subjected to the disciplinary measures
applied to children without disabilities who engage in comparable behaviors.
2.
If a request is made for an evaluation of a child during the time period in which the child is subjected to
disciplinary measures, the evaluation must be conducted in an expedited manner. Until the evaluation is
completed, the child remains in the educational placement determined by school authorities, which can
include suspension or expulsion without educational services.
3.
If the child is determined to be a child with a disability, taking into consideration information from the
evaluation conducted by the education agency and information provided by the parents, the education
agency must provide special education and related services in accordance with this part.
Referral to and Action by Law Enforcement and Judicial Authorities
Nothing in this part prohibits an agency from reporting an alleged crime committed by a child with a disability
to appropriate authorities or prevents state law enforcement and judicial authorities from exercising their
responsibilities with regard to the application of federal and state law to crimes committed by a
child with a disability.
Whenever law enforcement or judicial authorities are contacted by a public agency personnel reporting an
alleged crime committed by a child with a disability, the IEP Team must, within two weeks of the child’s
return to school setting:
1. If a public agency does not have knowledge that a child is a child with a disability prior to taking
disciplinary measures against the child, the child may be subjected to the disciplinary
measures applied to children without disabilities who engage in comparable behaviors. Conduct a
functional behavioral assessment unless the LEA has conducted a functional behavioral
assessment during the previous 18 months before the behavior that resulted in the change of
placement occurred, and implement a behavioral intervention plan for the child, or
2. If the behavioral intervention plan already has been developed, review the behavioral intervention and
modify it, as necessary, to address the behavior.
Transmittal of Records
1. An
agency reporting an alleged crime committed by a child with a disability must ensure
that
education and discipli
nary records of the child are transmitted for con
sideration by the
appropriate
authorities to whom the agency reports the crime.
2. A
n agency reporting an alleged crime under this section may transmit copies of the c
hild’s special
education and disciplinary records only to the extent that the transmission is permitted by the FERPA.
ALSDE Approved Feb. 2013
Page 28
Process 4: Annual IEP Team Meeting to Develop the IEP
SPECIAL EDUCATION
RIGHTS
UNDER THE
IDEA
Purpose(s) of this form:
To fully inform the parent or student (age 19 and older) of his/her rights.
When to use this form:
The parent or student (age 19 and older) must be given a copy of the rights.
When a student is initially referred for an evaluation or when the parent requests an evaluation.
Upon receipt of the first state complaint in a school year.
Upon receipt of the first due process hearing request in a school year.
Not later than the date on which the decision is made to take disciplinary action resulting in a change
of placement.
Upon request by the parent.
At least once a
y
ear (the ALSDE is requesting that LEAs provide a copy of the Special Education Rights at
the annual IEP Team meeting and document the date provided on the signature page of the IEP).
NOTE: LEAs are no longer required to provide a copy of Special Education Rights with each notice.
Things to remember when completing this form:
Take time to explain these rights to the parent so that they make an informed decision.
Explain the rights that apply at the time of the
meeting.
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Process 4: Annual IEP Team Meeting to Develop the IEP
NOTICE OF PROPOSAL OR REFUSAL TO TAKE ACTION
The IEP Team has met to consider the following, regarding the educational program for:
STUDENT’S NAME:
[ ] Identification [ ] Evaluation [ ] Placement [ ] Other
[ ] LEA Response to DPH Request [ ] Provision of Free Appropriate Public Education
[ ] Other
DECISION REGARDING SPECIFIC ACTION PROPOSED OR REFUSED.
It has been decided that action will be taken by the local education agency.
Check one:
[ ] The local education agency will take the pr
oposed action immediately and without undue delay.
[ ] The local education agency’s proposed action will be taken in calendar days to afford the parent a
reasonable period of time to consider the proposed action.
BASIS FOR DECISION(S)
DESCRIPTION OF OTHER OPTIONS CONSIDERED AND WHY THE OPTIONS WERE REJECTED
THE FOLLOWING EVALUATION PROCEDURES, AS
SESSMENTS, RECORDS,
AND/OR REPORTS WERE USED IN MAKING THE DECISION
[
]
Vision
[
]
O
b
se
r
vation
[
]
G
r
ades
[
]
Medical Reco
r
ds
[ ] Hearing [ ] Speech [ ] Develop
m
ental Scales [ ] Othe
r
Agency Info
r
m
ation
[ ] Intellectual [ ] Language [ ] Wo
r
kSa
m
ples [ ] State Assess
m
ents
[ ] Achieve
m
en
t
[ ] Moto
r
[ ] Discipline Reco
r
ds [ ] Othe
r
[ ] Behavio
r
[ ]Inte
r
view [ ] Attendance Reports [ ] Othe
r
My signature below verifies that if you require notice and an explanation of your rights in your native language, the
LEA/agency has
accommodated you to ensure your understanding. You are fully protected under the rights addressed in
your copy of the Special Education Rights document. If you want another copy of your rights, have any questions, or wish
to arrange a conference, please contact:
at
(Name)
(Telephone)
Signature of Education Agency Official
Date Provided/Sent:
ALSDE Approved Feb. 2015
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Process 4: Annual IEP Team Meeting to Develop the IEP
Table of ContentsTable of Contents
NOTICE OF PROPOSAL OR REFUSAL TO TAKE ACTION
Purpose(s) of this form:
To document that prior written notice has been provided to the parent each time the LEA proposes to,
or refuses to, initiate or change the identification, evaluation, placement and/or provision of a Free
Appropriate Public Education (FAPE) to a student with a disability.
To document the IEP Team’s decision not to accept a referral for an evaluation to determine
eligibility for special education services.
To document the IEP Team’s decision not to provide the special education/related service an IEP
Team member is requesting to be included in the IEP.
To document the IEP Team’s decision to change the placement of the student.
To document that the student will not be returning to school the next school year because the student:
o Will be graduating from high school with the Alabama High School Diploma.
o Will be age 21 prior to August 1 of the next school year.
To document that the parent and student have been notified that the student who has reached the age
of majority (age 19) and is exiting school before age 21 and who has not earned the AHSD, still has
the right to receive services to age 21.
To document the LEA’s response to a DPH request when the public agency did not provide a notice
prior to the DPH request.
To document minor changes on an IEP (i.e., misspelled words, grammatical errors). Check with your
local special education coordinator for permission to use this process to make minor changes to the
IEP.
To document corrective actions after an internal/ALSDE monitoring review.
To document that the parent or student (age 19 and older) has revoked consent for the provision of
special education services.
To document the new IEP being proposed.
To document that an out-of-state IEP is being implemented until such time eligibility is determined in
Alabama.
To document the time frame in which action will be taken by the education agency regarding the
stated decision.
To document the IEP Team conducted an Annual Review Meeting.
When to use this form:
To indicate when the stated action will be implemented by the education agency either
immediately and without undue delay or a number of calendar days to afford the parent a reasonable
period of time to consider the proposed action.
To indicate to the parent and student (age 19 and older) when the public agency proposes to, or refuses
to, initiate or change the Identification, Evaluation, Placement, and/or the Provision of a FAPE.
When the IEP Team has decided not to evaluate the student when the student is initially referred for an
evaluation (check Identification and Evaluation).
When the IEP Team refuses to provide a service requested by an IEP Team member (check Provision
of FAPE).
When the IEP Team is proposing to change the placement of the student (check Placement and
Provision of FAPE).
Whenever the IEP is amended and when an annual IEP is developed.
To provide prior notice of the student exiting school because of graduating with the Alabama High
School Diploma or reaching age 21 prior to August 1 (check Placement and Provision of FAPE).
To provide documentation to the parent and student who has reached the age of majority (age 19) that
the student who is exiting school before age 21 and who has not earned the AHSD, still has the right to
receive services to age 21.
When the IEP Team conducts an annual review of the current IEP.
Page 31
Process 4: Annual IEP Team Meeting to Develop the IEP
NOTICE OF PROPOSAL OR REFUSAL TO TA
KE ACTION
(Continued)
To give the completed form to the parent and student (age 19 and older) when a DPH request is received
and this form has not been provided prior to the DPH request (check all that apply).
To document minor changes on an IEP. Seek guidance from the local Special Education Coordinator/
Director.
To document when the parent does NOT attend the eligibility meeting.
To document minor corrections found during internal monitoring/ALSDE monitoring. Seek guidance from
the local Special Education Coordinator/Director. Examples are as follows:
o
A required evaluation was administered and considered by the IEP Team or Eligibility Committee,
but was omitted from the eligibility report.
o
A copy of the IEP was not given or sent to the parent and student (age 19 and older).
o
The date of birth was recorded incorrectly on the IEP.
Do not use this form to request additional data collection/evaluation. For this request, the IEP Team must meet
and document the decision on the Notice of IEP Team’s Decision Regarding Reevaluation.
Things to remember when completing this form:
Prior written notice must be provided in a timely manner. In the case of a proposal or refusal to take action
this will allow the parent a reasonable time to fully consider the changes and respond to the action before it
is implemented.
Type the name of the person signing as the education agency official in the space provided when completing
the form in SETS.
What happens next:
If action is required by the public agency regarding the decision, the action will be taken in the specified
number of calendar days unless the IEP Team and parent agree otherwise that the proposed action will take
place immediately without undue delay.
Even if the parent was in attendance at the meeting you still need to give/send prior written notice to the
parent and student (age 19 and older) when the public agency proposes to, or refuses to, initiate or change
the identification, evaluation, placement, and/or the provision of a free appropriate public education. This
includes when the IEP is developed or reviewed annually and any time the IEP is amended.
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Process 4: Annual IEP Team Meeting to Develop the IEP
Page of ALSDE Approved Feb. 2018
INDIVIDUALIZED EDUCATION PROGRAM
STUDENT’S NAME
DOB SCHOOL YEAR
-
GRADE
-
IEP INITIATION/DURATION DATES FROM
TO
This IEP will be implemented during the regular school term unless noted in extended school year services.
STUDENT PROFILE – WILL INCLUDE GENERAL STATEMENTS REGARDING:
Strengths of the student –
Include information regarding the student’s strengths in academic and functional areas.
Parental concerns for enhancing the education –
Include all information regarding the parental concerns for enhancing the education of their child.
Student Preferences and/or Interests –
This area includes information obtained from parent, teacher(s), and the student regarding preferences and interests.
Include all information concerning student preferences and/or interests including transition information.
Results of the most recent evaluations –
Include all information concerning evaluation results. This information should be written in meaningful terms so that
the parent and service providers have a clear understanding of the evaluation results.
The academic, developmental, and functional needs of the student –
Include all information concerning how the student’s disability affects his/her involvement and progress in the general
education curriculum, and, for preschool age children, how the disability affects his/her participation in age-appropriate
activities.
Other –
Include any information pertinent to the development of the IEP that was not included anywhere else on the
Student Profile page.
For the child transitioning from EI to Preschool, justify if the IEP will not be implemented on the child’s 3
rd
birthday –
This should only be completed if the child is not being served un
der IDEA on the child’s third birthday (e.g., if a child’s
birthday is during the summer or holiday(s) justification is required).
Page 33
Process 4: Annual IEP Team Meeting to Develop the IEP
Table of ContentsTable of ContentsTable of Contents
INDIVIDUALIZED EDUCATION PROGRAM PROFILE
A guide for completing the first page of the Profile
Purpose(s) of this page:
To document the school year and grade(s) the IEP will cover.
To document the initiation/duration of the IEP.
To describe the strengths of the student. Include information regarding the academic, functional,
social, emotional or behavioral needs of the child.
To document concerns of the parent for enhancing the education of their child.
To document student preferences and/or interests that include transition information beginning no later
than the first IEP to be in effect when the student turns 16 or younger if determined appropriate by the
IEP Team and for all students entering the 9
th
grade, regardless of their age.
To document results of the most recent evaluation.
To document how the student’s disability affects his/her involvement and progress in the general
education curriculum (academic, developmental, and functional needs of the student) and, for
preschool students, how the disability affects the student’s participation in age-appropriate activities.
When to use this page:
Use this page for the initial IEP, each annual IEP, and if necessary when making amendments to the IEP.
The first IEP must be written within 30 calendar days of initial eligibility determination and before
any special education and related services are provided.
Things to remember when completing this page:
When completing the STUDENT PROFILE page, the STUDENT’S NAME should be entered as the
student’s first, middle, and last name.
Enter the student’s DATE OF BIRTH.
SCHOOL YEAR should be written as the indicated year(s). Example: 2012 or 2012-2013, etc.
GRADE should be written as the indicated grade(s). Example: 6 or 6-7.
IEP INITIATION/DURATIONDATES may be written from the beginning of the school year to the end of
the school year (e.g. 08/09/2016 05/27/2017); or the dates may stagger across parts of two years
(e.g. 09/06/2016 09/05/2017 or 03/08/2016 03/07/2017). Academic goals are based on content
standards listed in the Alabama Course of Study; objectives listed in the curriculum guides to
the Alabama Course of Study; or standards from the Alternate Achievement Standards, and the
Alabama Developmental Standards for Preschool Children for both school years must be
considered when planning an IEP that spans two school years.
The annual review due by date in SETS is calculated based on the IEP signature date of the previous
IEP.
The IEP must be reviewed by the annual review date (signature date plus one year). When the IEP is
reviewed, the IEP Team may review the current IEP and write a new IEP, or in some cases the new IEP can
be delayed for a reasonable period of time. The DURATION DATE (ending date) is the date that the IEP
expires; therefore, that date must be considered before the decision is made to delay the writing of a new
IEP.
Examples of when an IEP Team might conduct the annual review without developing a new IEP are:
1.
A student is scheduled to graduate and has a current IEP in place until the end of the school year.
2.
A student transfers into the LEA with a current IEP around the time the annual review is due.
If the option to review is used, the IEP Team is required to meet prior to or on the Annual Review
Due By date to review the current IEP, but they are not required to write a new IEP at that time. To
ensure compliance, a new IEP must be written before the duration date (ending date) of the current
IEP. To document the annual review, the following process should be followed:
o On the Notice and Invitation to a Meeting/Consent for Agency Participation form, check “Annual
Review/Develop Annual IEP”. If the only purpose of the meeting is the Annual Review, on the paper copy
you can cross-through Develop Annual IEP.
Page 34
Process 4: Annual IEP Team Meeting to Develop the IEP
INDIVIDUALIZED EDUCATION PROGRAM PROFILE
(Continued)
O The IEP signature page will be amended and the signature date must be manually entered in the
Annual Review Date field in the student’s folder.
O The Notice of Proposal or Refusal To Take Action form must indicate that the IEP Team met to review the
current IEP.
O A new IEP must be written before the Duration Date (ending date) to ensure compliance.
A guide for completing the first page of the Profile
The Student Profile is the result of the IEP Team’s review of assessment data and other information to develop
a descriptive summary of the student’s performance, strengths, and needs.
The STUDENT PROFILE must include general statements regarding:
Strengths of the student: Include all information regarding the student’s strengths.
Parental concerns for enhancing the education:
Include all information regarding the parental concerns for
enhancing the education of their child. (If the parent does not respond, state that. Do not put N/A.)
Student Preferences and/or Interests: This area includes information obtained from the parent, teacher(s),
and the student regarding the student’s preferences and interests and strengths. Transition information must
be provided in this text box when transition is being addressed in the IEP. Include all information concerning
student preferences and/or interests related to the student’s needs when applicable in the text box.
Results of the most recent evaluations/assessments/tests (typically within the past year): Include
all information on evaluation/assessment/test results that are helpful to develop the IEP. It is not
necessary to repeat information from the Notice and Eligibility Decision Regarding Special Education
Services. The information should be written in meaningful terms so the parent, IEP Team members, and
service providers have a clear understanding of the results. Standard scores, Level 3, percentiles, age, and
grade equivalents, can be misleading. For example, stating a child scored a Level 3 in the average range
should be easy for all to understand. Be consistent. Use terms such as above average, average, or below
average to make test results more meaningful for those not familiar with scoring.
Interpretation of Evaluation Results (standard scores with a mean of 100 and standard deviation of
15)
o
116 and above = Above Average
o
115-85 = Average
o
84 and below = Below Average
o
Example: In reading, John scored a 95 (standard score) in the average range.
The academic, developmental, and functional needs of the student: Include all information concerning
how the student’s disability affects his/her involvement and progress in the general education curriculum and
for preschool children how the disability affects his/her participation in age-appropriate activities. For some
students who have several deficit areas, the IEP Team may need to prioritize and work on goals that can be
reasonably calculated to provide educational benefit within one year of the length of the IEP.
The student’s strengths, needs, and parental concerns noted in the STUDENT PROFILE should be
considered when determining and prioritizing services and/or LRE.
Other: Include any information pertinent to the development of the IEP that was not included anywhere else
on the Student Profile page (e.g., extended school year services, medical, OT, PT, AT).
For the child transitioning from EI to Preschool, justify if the IEP will not be implemented on the
child’s third birthday: This should only be completed if the child transitioned from EI and is not being
served under IDEA on the child’s third birthday (e.g., if a child’s birthday is during the summer or holiday(s)
justification is required).
What happens next:
There should be a direct link between the profile and other elements of the IEP.
Page 35
Process 4: Annual IEP Team Meeting to Develop the IEP
INDIVIDUALIZED EDUCATION PROGRAM
STUDENT’S NAME:
DOB:
SPECIAL INSTRUCTIONAL FACTORS
Items checked “YES” will be addressed in this IEP:
YES
[ ]
NO
[ ]
[ ]
[ ]
[ ]
[ ]
[ ]
[ ]
[ ]
[ ]
[ ]
[ ]
[ ]
[ ]
[ ]
[ ]
Does the student have behavior which impedes his/her learning or the learning of others?
Does the student have a Behavioral Intervention Plan?
Does the student have limited English proficiency?
Does the student need instruction in Braille and the use of Braille?
Does the student have communication needs?
Does the student need assistive technology devices and/or services?
Does the student require specially designed P.E.?
Has the IEP Team determined the student meets the participation criteria for the
Alabama Alternate Assessment and will be taught the alternate achievement standards?
Are transition services addressed in this IEP
?
[ ]
[ ]
TRANSPORTATION
Student’s mode of transportation:
[ ] Regular bus
[ ] Bus for special needs
[ ] Parent contract
[ ] Other:
Does the student require transportation as a related service?
[ ] YES [ ] NO
[ ] If Yes is checked for related service, a representative from the transportation department was either included in
the meeting or in discussions prior to the meeting about the transportation needs for this student. Personnel have
been informed of his/her specific responsiblities for IEP implementation.
Check any transportation needs:
[ ]
Bus assistance:
[ ] Adult support
[ ] Medical support
[ ]
Preferential seating If checked, describe:
[ ]
Behavioral Intervention Plan
[ ]
Wheelchair lift
If checked, select one
[ ]
Transfer to bus seat
[ ] Wheelchair securement system
[ ]
Restraint system
If checked, Specify type:
[ ]
Other, Specify:
NONACADEMIC and EXTRACURRICULAR ACTIVITIES
Will the student have the opportunity to participate in nonacademic/extracurricular activities with his/her nondisabled
peers?
[ ]
YES.
[ ]
YES, with supports. Describe:
[ ]
NO. Explanation must be provided:
METHOD/FREQUENCY FOR REPORTING PROGRESS OF ATTAINING GOALS TO PARENTS
Annual Goal Progress reports will be sent to parents each time report cards are issued (every weeks).
Page 36
Process 4: Annual IEP Team Meeting to Develop the IEP
INDIVIDUALIZED EDUCATION PROGRAM
A guide for completing the second page of the Profile Purpose(s) of this page:
To address SPECIAL INSTRUCTIONAL FACTORS.
To address TRANSPORTATION.
To address NONACADEMIC AND EXTRACURRICULAR ACTIVITIES.
To address ANNUAL GOAL PROGRESS REPORTS.
When to use this page:
Use this page for the initial IEP, each annual IEP, and if necessary, when making amendments to the IEP.
o The first IEP must be written within 30 calendar days of initial eligibility determination and before
any
SPECIAL EDUCATION AND RELATED SERVICES are provided.
o IEPs must be reviewed annually. The annual review date is determined by the date of signatures
on
the
SIGNATURE PAGE of the IEP.
Things to remember when completing this page:
Yes or No must be selected for each SPECIAL INSTRUCTIONAL FACTOR. Any SPECIAL
INSTRUCTIONAL FACTOR checked YES, MUST be addressed in the IEP.
When Yes is checked for the question, “Does the student have behavior which impedes his/her learning
or the learning of others?” this factor must be addressed by either developing a measurable annual
goal, as a related service, through supplementary aids and services, or by developing a Behavioral
Intervention Plan (BIP).
When Yes is checked for the question, “Does the student have a Behavioral Intervention Plan?” this
factor must be addressed. The SES strongly encourages that the BIP be attached using the documents
tab in SETS or use the optional form in SETS.
When Yes is checked for the question, “Does the student have limited English proficiency?” all English
learners (ELs) with IEPs must have an EL plan documented on the profile page of the IEP. Students may
receive both special education and English language services concurrently if the IEP Team
determines that both services are appropriate and necessary for the student to access the general
education curriculum.
When Yes is checked for the question, “Does the student need instruction in Braille and the use of
Braille?” this factor must be addressed if, the student is determined to be in need of instruction in
Braille after an evaluation of the student’s reading, writing skills, needs and appropriate reading and
writing media (including an evaluation of the child’s future needs for instruction in Braille or the use
of Braille).
When Yes is checked for the question, “Does the student have communication needs?” this factor must
be addressed if, the student has any communication needs e.g., language and/or communication mode
of a child who is deaf or hearing impaired, articulation, stuttering, voice, language disorders, or
augmentative communication needs.
When Yes is checked for the question, “Does the student need assistive technology devices and/or
services?” this factor must be addressed if, the student needs an assistive technology device or
service(s) for academic or functional needs, it must be addressed in the IEP.
When Yes is checked for the question, “Does the student require specially designed physical
education (P.E.)?” then if any part of the student’s curriculum requires modification, appropriate
goals and benchmarks must addressed in the IEP. The P.E. teacher is responsible for developing and
implementing the goals and benchmarks with the assistance of the case manager. (Adapted P.E. is a
direct service not a related service.)
When Yes is checked for the question, “Is the student working toward alternate achievement
standards and participating in the Alabama Alternate Assessment?” this box must be checked
annually when a student is working on alternate achievement standards.
o In order to check Yes, the IEP Team must use the Alabama Alternate Assessment Program
Participation Decision Documentation form to determine that a student will participate in the
Alabama Alternate Assessment Program.
Page 37
Process 4: Annual IEP Team Meeting to Develop the IEP
INDIVIDUALIZED EDUCATION PROGRAM
(continued)
When Yes is checked for the question, “Are transition services addressed in this IEP?” transition must
be addressed for all students entering 9
th
grade and beyond, or earlier if appropriate.
A guide for completing the second page of the Profile:
TRANSPORTATION:
Transportation is a related service and can include travel to and from school and between schools; travel
in and around school buildings, and specialized equipment such as special or adapted buses, lifts, and
ramps. A child’s IEP Team is responsible for determining if transportation is required as a related
service to assist a child with a disability to benefit from special education services.
Student’s mode of transportation must be addressed in every IEP by either checking one of the boxes
or by adding information under “Other.
Does the student require transportation as a related service?Yes or No must be selected
o
If No is checked, the student will receive the same transportation services provided to nondisabled
children.
o If Yes is checked, the following check box is required:
If Yes is checked for related service, a representative from the transportation department
should be included in the meeting or in discussions prior to the meeting and/or provided input
for the IEP Team to consider about the transportation needs for this student. During the
discussion, consideration should be given to the entire continuum of services available,
including accommodations/modifications on a regular bus; services on a smaller capacity,
specially equipped bus; or some other form of transportation, such as a private vehicle if a parent
contract is appropriate for the individual student.
If Yes is checked as a related service, check any transportation needs that apply.
Adult Support indicates the need for a bus attendant to assist/accompany the child while boarding
and/or riding the school bus.
Medical Support indicates a need for a medically trained assistant for the student while riding the school
bus.
Preferential seating should be checked and a description provided when there is a need for the student to
sit in a particular location while riding inside the bus (e.g., front seat, behind the driver, with a
designated peer helper).
Behavioral Intervention Plan should be checked when the student has a BIP that should be shared with
the bus driver and other support personnel when the student’s behavior could present a challenge
while riding the school bus. Please note: Bus personnel may require additional training on the plan.
Wheelchair lift and securement system should be checked when a student is unable to board the
bus through the passenger door. If Wheelchair lift is checked, select whether the child will transfer to a
seat or if the wheelchair securement system will be utilized. Please note: No student may be carried
onto the school bus. The student must be secured in a safe wheel chair before boarding the lift.
Restraint system should be checked when the student is unable to sit safely in a bus seat or safely in
a wheelchair without support. If restraint system is checked, the type of restraint must be
specified. Please note: The need for a restraint system should be carefully considered and
documented for each individual student, as well as the type of restraint necessary and appropriate for
the student, with input from the Transportation Department. Types of restraint systems include:
seatbelts (lap or lap/shoulder belt systems); car seats; safety vests or harnesses; Integrated Child
Safety Seats; etc. Seatbelts are excluded from the seclusion and restraint policies.
Other should be checked when there is a need for accommodations/modifications not already listed.
Such needs could include any necessary supports (e.g., peer helper, emergency plan of
action, atypical school day/schedule or special equipment, oxygen tank, epipen, suction
machine, diabetic supplies, augmentative communication system/device, service animal) and/or
any additional training that the bus driver and the other support personnel may need in order to
manage medical issues, which could impact the student during the bus ride.
BUS ASSISTANCE:
Page 38
Process 4: Annual IEP Team Meeting to Develop the IEP
INDIVIDUALIZED EDUCATIO
N PROGRAM
(continued)
The transportation needs for this student were shared with the bus driver and support personnel.
Their signature(s) are included on the Persons Responsible for IEP Implementation form. This
should always be checked to ensure that the bus driver and other support personnel are aware of their
responsibilities for implementing the IEP. Provide transportation personnel with any necessary training
for implementation of the IEP at the very minimum, the bus driver must be informed of his or her
responsibilities.
Transportation does not need to be addressed elsewhere in the IEP unless instruction is being
provided (e.g., teaching a student how to use public transportation).
NOTE: Students m
ay not have a shortened school day due to transportation or other
administrative conveniences.
A guide for completing the second page of the Profile:
NONACADEMIC AND EXTRACURRICULAR ACTIVITIES must have at least one item checked. If
YES is checked, this indicates the general notion that the student will have some opportunity to
participate in nonacademic/extracurricular activities with his/her nondisabled peers, but not
necessarily all of those activities and at all times. Obviously, a student must be deemed to be
“otherwise qualifiedto participate in the activity and meet the same criteria for participation that
applies to other students. There may be circumstances where the student is not qualified to participate,
which will be decided on a case-by-case basis. If YES, with supports is checked, please describe the
supports in the space provided. If NO is checked, please write an explanation in the space provided.
For Preschool students:
o If YES is checked, this indicates the child attends an early childhood program where the potential
for nonacademic/extracurricular activities exists.
o If YES with supports is checked, the responsibility for any supports required for a student to
participate in nonacademic/extracurricular activities is an IEP Team decision. If the IEP Team
determines that supports are needed, the Team determines who will provide them (parent, program
such as Head Start, or the public agency [LEA]).
o If NO is checked, the child is not in any type of early childhood environment where the potential for
any type of nonacademic/extracurricular activity exists. An example of this situation would be a
child who is SLI and stays at home with a parent all day, and comes to a school only for speech
therapy services.
ANNUAL GOAL PROGRESS REPORT will be sent to the parent or student (age 19 and older) each
time report cards are issued. Indicate how often the ANNUAL GOAL PROGRESS REPORT will be
sent home by recording the number of weeks in the space provided (e.g., every nine weeks, every six
weeks).
What happens next:
There should be a direct link between the profile and other elements of the IEP.
Page 39
Process 4: Annual IEP Team Meeting to Develop the IEP
INDIVIDUALIZED EDUCATION PROGRAM
STUDENT’S NAME:
DOB:
Transition: Beginning not later than the first IEP to be in effect when the student is 16, or earlier if appropriate, and
updated annually thereafter. For all students entering 9th grade regardless of their age, transition must be addressed.
[ ]
This student was invited to the IEP Team meeting on
via
.
[ ]
After prior consent of the parent or student (Age 19) was obtained, other agency representatives were invited to
the IEP Team meeting.
[ ]
Transition services based on the student’s strengths, preferences, and interests that will reasonably enable the
student to meet the postsecondary goals are addressed on the transition goal page in this IEP.
Age-appropriate Transition Assessments:
(Select the assessment(s) used to determine the student’s measurable postsecondary transition goals.)
[ ]
Student Interview
[ ]
Career Awareness
[ ]
Interest Inventory
[ ]
Parent Interview
[ ]
Student Portfolio
[ ]
Interest Learning Profile
[ ]
Student Survey
[ ]
Vocational Assessment
[ ]
Career Aptitude
[ ]
Other
Enter the assessment(s) used to determine the student’s selected long-term postsecondary transition goals:
Postsecondary Education/Training Goal
Assessment:
Date:
Assessment:
Date:
Long-Term Goal:
If Other is selected, specify:
Employment/Occupation/Career Goal
Assessment:
Date:
Assessment:
Date:
Long-Term Goal:
If Other is selected, specify:
Community/Independent Living Goal
Assessment:
Date:
Assessment:
Date:
Long-Term Goal:
If Other is selected, specify:
[ ]
This student is in a middle school course of study that will help prepare him/her for transition.
Anticipated Date of Exit:
Month:
Year:
Selected Pathway to the Alabama High School Diploma:
[ ]
General Education Pathway (Intended to prepare student for college and career)
[ ]
Essentials Pathway (Intended to prepare student for a career/competitive employment)
[ ]
Alternate Achievement Standards Pathway (AAS) (Intended to prepare students for supported/competitive
employment)
Program Credits to be Earned (Complete for students in Grades 9-12)
For each course taken indicate program credits to be
earned next to the appropriate pathway.
ENGLISH MATH SCIENCE
SOCIAL
STUDIES
General Education Pathway
Essentials Pathway
Alternate Achievement Standards Pathway
Elective(s)
(enter total number of electives)
Page 40
Process 4: Annual IEP Team Meeting to Develop the IEP
INDIVIDUALIZED EDUCATION PROGRAM TRANSITION
Purpose(s) of this page:
To document the date and method by which the student was invited to the IEP Team meeting.
To document that other agency representatives that may be responsible for providing or paying for
Transition Services were invited to the IEP Team meeting if permission was granted by the parent or
student (age 19 and older).
To document that transition ser
vices are based on the student’s strengths, preferences, and interests that
will reasonably enable the student to meet the postsecondary goals.
To document Age-Appropriate Transition Assessments used to determine the student’s
selected long-term transition goals related to Postsecondary Education/Training,
Employment/Occupation/Career, and Community/Independent Living. (Include appropriate
documentation of all assessments in the student’s file.)
To document the assessment(s) used to determine the long-term transition goal for Postsecondary
Education/ Training, Employment/Occupation/Career, and Community/Independent Living.
To document the date the assessment(s) was given to determine the appropriate long-term transition
goals related to Postsecondary Education/Training, Employment/Occupation/Career, and
Community/ Independent Living.
To document COURSE OF STUDY for students that are in middle school OR
To document Selection of Pathway to the Alabama High School Diploma for students in
Grades 9-12.
To document ANTICIPATED DATE OF EXIT for students in Grades 9-12.
To document PROGRAM CREDITS TO BE EARNED for students in Grades 9-12.
To document the TOTAL NUMBER OF ELECTIVES.
Page 41
Process 4: Annual IEP Team Meeting to Develop the IEP
INDIVIDUALIZED EDUCATION PROGRAM TRANSITION
Things to remember when completing this page:
Check “Transition services based on the student’s strengths, preferences, and interests that will
reasonably enable the student to meet the postsecondary goals that are addressed on the transition goal
page in this IEP.
You do not have to address transition for a student in middle school if the student is younger than age
16.
If the student is 15 years old when the IEP is being developed and will turn 16 years old during
implementation of the IEP, transition must be addressed.
If the IEP Team addresses transition for a student younger than age 16 (for example, age 14) and the
student is in middle school, you must address: Age-Appropriate Transition Assessments, Postsecondary
Education/Training, Employment/Occupation/Career, and Community/Independent Living Transition
Goals, Middle School Course of Study, Measureable Annual Goals for Postsecondary
Education/Training, Employment/Occupation/Career, and Community/Independent Living, Transition
Services, and Transition Activities for each annual transition goal.
If the IEP Team addresses transition for a student younger than age 16 (for example, age 14) and the
student is in Grades 9-12, the following must be addressed: Age-Appropriate Transition Assessments,
Long-Term Postsecondary Education/Training, Employment/Occupation/Career, and Community/
Independent Living Transition Goals, Anticipated Date of Exit, Pathway to the Alabama High School
Diploma, Program Credits to be Earned, Total Number of Electives, Measureable Annual Goals for
Postsecondary Education/Training, Employment/Occupation/Career, and Community/Independent
Living, Transition Services, and Transition Activities for each annual transition goal.
This page must be completed for all students entering 9th grade, regardless of their age.
For all students entering 9th grade, regardless of their age, the IEP Team must address: Age-
Appropriate Transition Assessments, Long-Term Postsecondary Education/Training, Employment/
Occupation/Career, and Community/Independent Living Transition Goals, Anticipated Date of Exit,
Pathway to the Alabama High School Diploma, Program Credits to be Earned, Total Number of
Electives, Measureable Annual Goals for Postsecondary Education/Training, Employment/
Occupation/Career, and Community/Independent Living, Transition Services, and Transition Activities
for each annual transition goal.
This page must be completed for students who will turn age 16 during the implementation dates of the
IEP.
AGE-APPROPRIATE TRANSITION ASSESSMENTS
o Age-Appropriate Transition Assessments must be used to determine the student’s Postsecondary
Education/ Training Goal, Employment/Occupation/Career Goal, and Community/Independent
Living Goal, and transition needs and services.
o The Age-Appropriate Transition Assessments that are used to determine the long-term goals must
match assessments that are administered.
o Check all Age-Appropriate Transition Assessments that were used to determine the long-term
goals.
o The name of each transition assessment and the date the assessment was administered must be
documented for each long-term goal.
o A minimum of two assessments must be administered.
The student’s Long-Term Postsecondary Education/Training, Employment/Occupation/Career, and
Community/ Independent Living Transition Goals are to be based on the individual student’s strengths,
needs, preferences, and interests.
Long-Term Postsecondary Education/Training, Employment/Occupation/Career, and Community/
Independent Living Transition Goals are based on standards listed in the Alabama Transition Standards
document. This document can be found on the special education web page under
Secondary/Postsecondary/Transition.
Page 42
Process 4: Annual IEP Team Meeting to Develop the IEP
INDIVIDUALIZED EDUCATION
PROGRAM
TRANSITION
GOALS
for
Postsecondary/Transition:
(Note:
All
goals
should
be
based
on
the
student’s
progress
toward
the
Alabama
Transition
Standards)
Postsecondary Education/Training Goal (Select
or
write
the
most appropriate goal
for the student):
Student will
be prepared to participate in a two- to four-year postsecondary education program based on
completion
of
graduation requirements
and
meeting college admission
requirements.
Student will be prepared to participate in a
long-term certificate pathway or long-term apprenticeship
program
based on completion of graduation requirements and meeting certificate program requirements and/or
apprenticeship
requirements.
Student will be prepared to participate in a
short-term certificate pathway program or
pre-apprenticeship
program based on completion of gradu
ation requirements and meeting certificate program requirements
and/or pre-apprenticeship
requirements.
Student will be prepared to participate in on-the-job training based on completion of IEP goals, high school
program,
and
submission
of
application
for
supported
employment.
Student will
participate
in
time-limited, pre-employment
services in order to prepare student to
participate
in
Supported Employment
services.
Other: Write
an
appropriate goal for
the
student based
on the
needed Transition
Services.
Employment/Occupation/Career Goal (Select
or
write
the
most appropriate goal
for the student):
Student
will reach college and career
readiness
by
potentially earning
an
industry
career credential.
Student will be prepared to participate in competitive integrated employment with no need for support based
on
successful completion
of career
exploration, community-based
work,
and/or cooperative education
experience.
Student will be prepared to participate
in
competitive integrated employment with time-limited support
based
on successful completion of career exploration, community-based work experience and/ or cooperative
education
experience.
Student will be prepared to part
icipate in supported employment which will include community-based
assessment,
job
development,
job
coaching,
and
extended support needed
to meet his/her
employment
needs
based
on
successful completion
of
school-based
work
experiences, community-based
career
exploration,
and
application
for
supported employment
services.
Student
will be
prepared
to
participate
in
pre-employment services
to
increase
the
likelihood
for
community-based integrated employment based on IEP goals, individual or parental choice (requires
application for adult services)
in
order
to
acquire
skills
needed
for competitive integrated employment through
supported
employment services.
Other:
Write an
appropriate
goal for the
student
based on the
needed Transition
Services.
Community/Independent Living Goal (Select
or
write the most appropriate goal
for the student):
Student will be prepared to
participate
in community activities and live
independently
based on independent
living skill level
achieved
and
identification
of
community/living
options.
Student with time-<