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MASTERING
THE MAZE
The Special Education Process
Process 1: Referral Through IEP Implementation
Alabama State Department of Education
Office of Student Learning
Special Education Services
August 2019 Edition
Current as of 9, 2018
Alabama State Department of Education, 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 ...........................................................................................................................................................................4
Individualized Education Program (IEP) Team Membership ............................................................................
..
.......7
Early Intervention to Preschool Transition Planning Meeting Documentation......................................................
..
...8
Directions
for Early
Intervention
to
Preschool Transition Planning Meeting Documentation .......
...................
....9
Process Chart
1:
Referral Through
IEP
Implementation
.........................................................
.............
..........
...
..10
Things
to
Remember
When Going
Through Process
1
..................................................................................
.......
11
Annotate Process
..............................................................................................................
............
.......
..........
..........
..1
2
Record
of
Access
to
Student
Records
........................................................................................................................
..13
Guide
for
When Using This
Record
to
Access Student
Records
..........................................................................14
Referral for Evaluation:
Student
Information
.. ..........................................................................................
...
........
..15
Guide for Completing the Referral for Evaluation (Student Information)
........................................................16
Referral
for Evaluation: Historical
Information
... ..................................................
...........
......................................17
Guide for Completing the Referral for Evaluation (Historical
Information)..............
....................
..................18
Referral for Evaluation:
Environmental, Cultural, and/or
Econom
ic
Concerns
..................................................
......19
Guide for Completing the ECEC Page
..............................................................................................................20
Referral
for Evaluation:
IEP Team Recommendations
Page
.............................................................................................................................
21
Guide for Completing the IEP Team
Recommendations
Page
..........................................................................22
Special Education Rights Under the
I
DEA
................................................................................................................23
Guide for When Completing Sp
ecial Education
Rights
.....................................................................
.......
.....
...
..
36
Notice and Invitation to a Meeting
/Consent for Agency Participation
............................................................................................
37
Guide for When to Notice and
Invitation
to a
Meeting/Consent
for Agency
Participation..................
.........
....
38
Notice of
Proposal
or Refusal to Take
Action
....................................................................................
................
..
.
...
41
Guide for When to Use the Notice of Proposal or Refusal to Take
Action.......................................................42
Notice and Consent for Initial
Evaluation
........................................................................................................
.....
..
.44
Guide for When to Use the Notice of and
Consent
for Initial
Evaluation.......................................................45
Notice of Revocation of Consent for Initial
Evaluation
.........................................................................................47
Guide for When to Use the Notice of Revocation of Consent for Initial Evaluation
....................................48
Vision Screening
Form
...............................................................................................................
........................................
49
Hearing Screening
Form
..................................................................................
...........................................................................
50
Observation
Form
.............
........................................................................................................................................................................................
.
51
Guide for When to Use the
Observation
Form
........................................................................................................................
52
Natural
Environment Observation/ELPP Documentation (NEO/ELPP)
.........................................................................
5
3
Guide for When to Use the NEO/ELPP Form...........
......................................
....................................................................................................
55
Family Focus
Interview
/ ELPP
Documentation
........................................................................................................................
56
Guide
for
When
to Use the
Family Focus Interview
/ ELPP
Documentation
Form
...................................................
60
TABLE OF CONTENTS
Notice and
Eligibility Decision Regarding
Special
Education Services: Assessment
......................................61
Guide
for
Things
to
Remember
When
Completing Notice
of Eligibility:
Assessments.........................................63
Notice and
Eligibility
: SLD Only
S
ection
................................................................................................................64
Guide
for
Things
to
Remember
When
Completing Not
ice
of
Eligibility:
SLD Only
Section
. .....................
....65
Notice and
Eligibility
:
Eligibility Decision
Section
...............................................................................................66
Guide for Things to
Remember
When
Completing
Notice of Eligibility:
Eligibility Decision
Section
...............................................................................................................................67
Notice and
Consent
for the
Provision
of Special
Education
Services
...............................................................
..69
Guide for Things to
Remember
When
Completing
the
Notice
and
Consent
for the
Provision
of
Special Education
Services
...................................................................
70
Individualized Education Program
(IEP)
Profile Page
-
First
Page
.............................................................................................................................................71
Guide
for
Completing
the first
page
of the
Profile.....
...........................................................................................72
Profile Page–Second Page
..............................................................................................................................................74
Guide for
Completing
the second page of the
Profile......................................................................................................75
Transition Page
..............................................................................................................................................................78
Guide
for
Completing Transition
Page
................................................................................................................................79
Annual Transition Goals
Page
....................................................................................................................................83
Guide
for
Completing Annual Transition Goals
Page
..............................................................................................................84
Annual
Goal
Page
..........................................................................................................................................................87
Guide
for
Completing Annual
Goal
Page
...............................................................................................................88
Special Education
and Related Service(s)
Page
.......................................................................
..........................
....90
Guide
for
Completing Special Education and Related Service(s) Page
.....................................................................................91
State Testing
Forms
........................................................................................................................................................93
Signature Page
.............................................................................................................................................................94
Child Count Least Restrictive Educational Environment
Codes
..........................................................................
.95
Guide
for
Completing
the
Signature Page
....................................................................................................
.....
...........................96
Persons Responsible
for IEP
Implementation Form
...................................................................................................99
Guide
for
Completing Persons Responsible
for IEP
Implementation Form.....................................................................100
Annual Goals Progress
Report..................................................................................................................................101
Guide
for
Completing Annual
Goals
Progress Report
.........................................................................................................
102
Summary
of
Academic Achievement
and
Functional Performance
(SAAFP)
...................................................103
Guide for Completing (SAAFP
).....
...........................................................................................................................................................................................
106
Functional
Behavioral
Assessment
(FBA)
/
Behavioral Intervention Plan
(BIP)
..........................................................
109
Guide
for
Completing
FBA/BIP
...........................................................................
..................................................
..........................112
TABLE OF CONTENTS
Manifestation Determination Review
.............................................................................................................................................................................
113
Guide
for
Completing
the
Manifestation Determination
Review
...................................................................................................
115
Notice
and
Consent
Regarding
Payment
from
Medicaid Benefits
...........................................................................................................
117
Guide
for
Completing Consent Regarding Payment
from
Medicaid Benefits
.................................................................................
118
Notice
and
Revocation
of
Consent
for
Continued
Provision
of
Special Education
Service
................................................
119
Guide
for
Completing
Notice
of
Revocation
for Continued
Provision
of
Special
Education Services
...............
120
Initial
or
Reevaluation
Written
Agreement
Between
the
Parent
and
the
Public
Agency
...................................................121
Guide for
Completing
the
Written Agreement Between the Parent and the Public Agency
........................................................
122
Written Agreement Between the Parent and the Public Agency to Amend the IEP
.........................................................................
123
Guide for Completing Written Agreement Between the Parent and the Public Agency to Amend the IEP
.................
124
In-State Student Transfer Process
......................................................................................................................
125
Guide for Completing
the
In-State Student Transfer Process...................................................................................126
Notice
of
Transfer
of
R ecords
............................................................................................................................................127
Out-of-State Student Transfer Process.......................
...............................................................
..............
............................
.
128
Guide to
Completing
the
Out-of-State Student Transfer Process
.....................................................................
129
Optional
Forms
IEP
Planning
Sheet
for
Parents
..........................................................................................................................................................................
130
Student Profile Information
.........................................................................................................................................................................................
136
Teacher’s
IEP
Input
Survey
......................................................................................................................................137
Parent’s
IEP
Input
Survey
............................................................................................................................................138
Assessment
of
Student Participation
in
Ge neral Education
Classes
........................................................................139
ABC
Observation Form
.........................................................................................................................................141
Process
1: Referral Through IEP
Implementation
Frequently Asked Questions
Question and Answers:
Intervention Strategies
. ................................................................................................................................................
144
Question and Answers: Referral
..................................................................................................................................................................................
145
Question and Answers: Initial
Evaluation
..................................
..................................................................................................
148
Question and Answers: Eligibility
Process
..................................
..............................................................................................
153
Questions
and
Answers:
IEP
Process
...........................................................................................................................................................................................
158
Question
and Answers:
Assistive Technology
..........................................................................................................180
Question
and Answers:
English Learner (EL) and
the
Special Education Process
................................................184
Question
and Answers:
Transition from Part C Early Intervention
to
Part
B
Preschool
Programs
...............................
185
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
Page 4
Process 1: Referral Through IEP Implementation
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
Page 5
Process 1: Referral Through IEP Implementation
Table of ContentsTable 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 United Cerebral Palsy
VI Visual Impairment
VRS Vocational Rehabilitation Services
Page 6
Process 1: Referral Through IEP Implementation
Table of ContentsTable 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 I
EP, 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 w
ith 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, a
s appropriate. The determination 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 curr
ently 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.
Page 7
Process 1: Referral Through IEP Implementation
Table of Contents
EARLY INTERVENTION TO PRESCHOOL
TRANSITION PLANNING MEETING DOCUMENTATION
Child’s Name: DOB:
Date
letter of notification from EI received: Receiving LEA:
Check
the box below that corresponds with the information received on the Early Intervention Notification letter.
[ ] The child was determined eligible by EI less than 90 days before their third birthday. No transition meeting
will be scheduled. (If this box is checked, the rest of the form will not be completed. EI will be selected as the
Referral Type on the Referral form.)
OR
[ ] EI to convene a Transition Planning Meeting with the LEA representative and the parent(s) of the child. (If this
box is checked, fill out the rest of this form.)
Services student received through the EI Program:
Where were services provided? (Home/Daycare/Clinic/Other)
Does the student attend: Daycare [ ] Mother’s Day Out [ ] Nursery School [ ] Other [ ]
Days/Times Student Attends:
Name/Address of
Program:
Teacher’s Name:
Medication Taken:
Reason for Medication:
Doctor’s Name:
Strengths of the Child:
Needs of the Child:
Additional Information:
Current Evaluations Examiner
Agency
Date
POSITION
PARTICIPANTS
DATE
Parent
Parent
EI Service Provider
LEA Representative
[ ] I GIVE PERMISSION for my child to be referred to the LEA.
[ ] I DO NOT GIVE PERMISSION for my child to be referred to the
LEA.
[
] Parent(s) agreed or requested to have the referral meeting today.
Signature of Parent Date of Signature
ALSDE Approved Feb.
2017
Page 8
Process 1: Referral Through IEP Implementation
Table of ContentsTable of ContentsTable of Contents
Table of Contents
DIRECTIONS FOR EARLY INTERVENTION (EI) TO PRESCHOOL
TRANSITION PLANNING MEETING DOCUMENTATION
Purpose(s) of this form:
•
To document transition from EI (Part C) to the public agency (Part B).
•
To document compliance of timelines.
•
To verify that the parent has given permission to refer the student to the public agency.
•
To document that all required persons (parent, EI representative, LEA representative) attended the
meeting.
•
To obtain general information about the preschool student.
When to use this form:
•
When a student is transitioning from EI to the public agency for Part B eligibility determination.
Things to remember when completing this form:
•
Child’s Name is the full
legal name of the child.
•
Mak
e sure
that
the box checked co
rresponds with the informat
ion received
on the Early Intervention
Notification
letter.
•
All
fields
must
be
completed if
a
Transition Meeting
is
held.
Indicate N/A
if
not applicable.
•
Participan
ts
must
include
a parent,
public agency
representative,
and EI
representative.
•
All
required signatures
must
be on
this
form.
•
A
copy
of this
form
should
be provided
to
EI
wh
en
appropriate.
•
The form
is used
to document that the parent, EI, and the public agency discussed transition.
•
If the parent does not attend
the meeting, the referral process cannot proceed.
•
The parent must give permission before the
student is referred to the public agency.
•
The parent must sign and date the form and indicate that he/s
he gives permission for t
he referral
to proceed.
What happens next:
•
If the parent checks, I give permission for my child to be referred to the LEA, and signs the form,
the public agency proceeds with the referral process. If an IEP Team is present a referral meeting
may be held immediately.
•
If the parent check
s, I do not give permission for m
y child to be r
eferred to the L
EA, the pu
blic ag
ency
may not proceed with the referral process.
Page 9
Process 1: Referral Through IEP Implementation
Process Chart
1
SPECIAL EDUCATION
PROCESS
Referral Through IEP
Implementation
Request for Initial Evaluation Received
Provide the parent a completed Notice and Invitation to a
Meeting/Consent
for Agency Participation regarding meeting to
consider request for an evaluation and provide the parent with a copy of the Special Education Rights. Convene the IEP
Team to review the Referral for Evaluation, existing data and request, and determine the need for an evaluation.
Yes, evaluation is needed.
No evaluation is needed.
Obtain Notice and Consent for Initial Evaluation from the parent
prior to conducting the initial evaluation.
Conduct the initial evaluation. The public agency has 60 calendar
days from the date t
he agency receives the signed copy of the Notice
and Consent for Initial Evaluation to conduct the initial evaluation.
Provide the parent a
Notice and Invitation to a
Meeting/Consent
for
Agency Participation regarding initial eligibility determination meeting.
Within 30 calendar days, convene the IEP Team or Eligibility
Committee, including the parent, to determine eligibility for special
education. After eligibility determination, provide the parent a copy
of the Notice and Eligibility Decision Regarding Special Education
Services which includes the evaluation data. If the IEP Team is
making the eligibility decision, an IEP may be developed at this
meeting if the student is eligible. Initial IEP development should
have been checked as a purpose of the meeting on the notice.
Provide the parent a Notice of
Proposal or Refusal to Take
Action.
Re
f
er
t
o
P
ST
I
f
the
p
a
rent
r
ef
u
s
es consent or
fails to respond to a request for
an evaluation, the public agency
has four options. Refer to
explanations on the back of this
chart to view the four options to
consider when this situation
occurs.
If Eligible
If Not Eligible
Refer to PST
The public agency may offer FAPE at this time. Obtain completed Notice and Consent for
the Provision of Special Education Services. Consent may be obtained from the parent at
this time or must be obtained prior to the provision of special education services. *
A meeting to develop the IEP must be conducted within 30 calendar days from the date
of eligibility determination.
Develop an IEP to offer
FAPE if the IEP Team
determined eligibility.
Provide the parent a Notice and Invitation to a Meeting/
Consent for Agency
Participation
to develop the IEP if
the Eligibility Committee, including the parent,
determined eligibility or if Develop Initial IEP was not
checked on the previous notice.
Convene the IEP Team to develop the IEP to
offer FAPE.
If the parent refuses
consent or fails to
respond to a request
to provide consent,
special education
services cannot be
provided. This ends
the process.
Provide the parent a copy of the IEP and the Notice of Proposal or Refusal to Take Action.
*Completed Notice and Consent for the Provision of Special Education Services must be
obtained from the parent prior to the provision of special education services.
ALSDE Approved Feb. 2015
Page 10
Process 1: Referral Through IEP Implementation
Table of ContentsTable of ContentsTable of Contents
Things to Remember When Going Through This Process:
1.
Existing data includes any information collected prior to a referral: progress monitoring information;
concerns of parent, teachers, and the student; etc.
2.
If a parent refuses consent or fails to respond to a request to provide consent for the initial evaluation,
the IEP Team has the following four options:
a.
The IEP Team may request that the parent participate in a conference to discuss his/her decision.
b.
The public agency may ask for mediation from the ALSDE.
c.
The public agency may initiate a due process hearing to have an impartial hearing officer to order
an initial evaluation to be conducted over the parent’s objections.
d.
The public agency may decide to accept the parent’s refusal.
Note: If a parent of a child who is home schooled or placed in a private school by a parent at his/her own
expense does not provide consent for the initial evaluation, or the parent fails to respond to a request to
provide consent, the public agency may not use the mediation and/or due process to override procedures
and the public agency is not required to consider the child as eligible for services.
3.
The AAC requires minimum evaluative components to determine eligibility. It is the responsibility of
the IEP Team to determine if additional evaluation data are needed.
4.
Upon completion of the evaluation, a team of qualified professionals (Eligibility Committee), which
includes the parent or the IEP Team, must determine if the student has a disability and if the student is
in need of special education (specially designed instruction) and related services.
5.
The public agency has 60-calendar days from the date of receipt of the signed copy of the Notice and
Consent for Initial Evaluation to conduct the initial evaluation. The public agency has 30-calendar
days from the completion of all evaluations to determine whether the student is a student with a
disability. Public agencies should document the date the agency receives the signed Notice and Consent
for Initial Evaluation from the parent. If a student is determined to be eligible, a meeting to develop
the IEP must be conducted within 30-calendar days from the date of eligibility determination.
6.
For a transfer student who entered the process in one public agency before the initial evaluation was
completed in the previous agency, the parent and the receiving public agency may agree to a specific
timeline. The agreed upon timeline must be documented in writing on the Initial or Reevaluation
Written Agreement(s) Between the Parent and the Public Agency form.
If a parent refuses to give consent for the provision of services, the process ends. If the parent fails to
respond to a request to provide consent, the public agency must document at least two attempts to obtain
consent. The public agency may not initiate a due process hearing to override the parent’s refusal to give
consent for the provision of special education services.
PROCESS CHART 1 SPECIAL EDUCATION PROCESS
Referral Through IEP Implementation
Page 11
Process 1: Referral Through IEP Implementation
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
Page 12
Process 1: Referral Through IEP Implementation
Table of ContentsTable 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.
AAC page 539 (8)(d)(1)
Page 13
Process 1: Referral Through IEP Implementation
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
the 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 1: Referral Through IEP Implementation
ALSDE Approved Feb. 2018
REFERRAL FOR EVALUATION
Date Received:__________________________________
STUDENT INFORMATION
Student’s Complete Legal Name:
Sex: Grade: Race: Date of Birth:
School/Service Provider:
Parent Name(s):
Address: Primary Phone:
Phone Contact Name:
Other Phone (Opt.):
Primary Language in Home: Phone Contact Name:
Type of Referral: (Select one that represents the type of referral for the student.)
[ ] From Early Intervention [ ] Parent [ ] School Based
Person Referring: Position:
Reason for Referral (List specific concerns):
The referral is based on concerns checked below and/or continuing concerns following interventions:
INSTRUCTIONAL CONCERNS BEHAVIORAL CONCERNS
[ ] Poor
p
ro
g
ress ac
q
uirin
g
p
re-literac
y
skills [ ] Poor attention and concentration
[ ] Poor
p
ro
g
ress ac
q
uirin
g
basic readin
g
skills [ ]
N
oncom
p
liance with teacher directives
[ ] Poor
p
ro
g
ress ac
q
uirin
g
p
re-numerac
y
skills [ ] Excessivel
y
hi
g
h/low activit
y
level
[ ] Poor
p
ro
g
ress ac
q
uirin
g
basic math skills [ ] Difficult
y
followin
g
directions
[ ] Difficult
y
p
roducin
g
written work [ ] Easil
y
frustrated
[ ] Few a
pp
ro
p
riate co
g
nitive learnin
g
strate
g
ies [ ] Extreme mood swin
g
s
[ ] Poor
p
ro
g
ress ac
q
uirin
g
communication skills [ ] Difficult
y
workin
g
with
p
eers
[ ] Difficult
y
p
roducin
g
s
p
eech sounds [ ] Difficult
y
sta
y
in
g
on task
[ ] Othe
r
[ ] Limited ada
p
tive behavioral skills
[ ] Othe
r
[ ] Ina
pp
ro
p
riate social interaction skills
[ ] Othe
r
[ ] Othe
r
[ ]
N
one [ ]
N
one
MEDICAL INFORMATION
1. Does the student exhibit any signs of health, orthopedic, or medical problems? If yes,
what?
[ ] Yes [ ] No
2. Does this student exhibit any behaviors in the classroom which might indicate vision or
hearing problems? If yes, what
?
[ ] Yes [ ] No
3. Does student currently wear glasses? [ ] Yes [ ] No
4. Does student currently wear a hearing aid? [ ] Yes [ ] No
5. Is the student receiving any medication at school and/or at home? If yes, what? [ ] Yes [ ] No
6. Does this student currently use an assistive technology device? If yes, what? [ ] Yes [ ] No
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Process 1: Referral Through IEP Implementation
Table of Contents
Table of Contents
REFERRAL FOR EVALUATION
Purpose(s) of this form:
•
To provide detailed information regarding the reason(s) for referral.
•
To document the student was instructed by qualified personnel and received data-based interventions prior to
the referral (except for circumstances outlined at the top of the “For IEP Team Use Only” section).
•
To provide adequate information for the IEP Team to determine whether or not to provide an individual
comprehensive evaluation to determine eligibility for special education and related services.
•
To document that the required IEP Team members participated in making this decision.
When to use this form:
•
When a student is referred for an evaluation because he/she is suspected of having a disability.
•
This form may be completed upon acceptance of an out-of-state IDEA transfer student.
Things to remember when considering a referral:
•
Include all required IEP Team members when meeting to discuss the referral for an evaluation.
•
Prior to the meeting, gather any needed information that is available (e.g., PST information, medical
information, copies of the report card, cumulative record, work samples, recent evaluations, etc.).
•
PST or other school personnel referring a regular education student should have completed the entire
REFERRAL FOR EVALUATION form with attached documentation.
•
At the meeting, allow all IEP Team members, including the parent, an opportunity to provide further
information (e.g., reason for referral; instructional/behavioral concerns; medical information; environmental,
cultural and/or economic concerns).
•
Intervention strategies may be waived for:
o
A student who has severe problems that require immediate attention.
o
Three- and four-year-olds, and for five-year-olds who have not been in kindergarten.
o
A student with articulation, voice, or fluency problems only.
o
A student with a medical diagnosis of traumatic brain injury.
o
A student who has been referred by his/her parent.
Things to remember when completing this page:
•
The IEP Team, including the parent, must be convened to complete this form and to make the
recommendations required of this form.
•
The statement written in the Reason for Referral section should clearly explain why the referring person suspects
that this is a student with a disability.
•
For preschool students, the sections titled Instructional Concerns, Behavioral Concerns, and
Historical
Information are not required for completion.
•
If none is checked under Instructional Concerns or Behavioral Concerns, a text explanation is required. You
may indicate “NA” as the text explanation.
What happens next:
•
If a student is referred and the IEP Team decides not to accept the referral for evaluation, the student goes back
to the PST for further interventions. The Notice of Proposal or Refusal to Take Action must be provided
explaining the reason why the referral was not accepted for evaluation.
•
If the referral is accepted, obtain signed consent and proceed with the evaluation.
Page 16
Process 1: Referral Through IEP Implementation
ALSDE Approved Feb. 2018
HISTORICAL INFORMATION
Have the following been considered?
1. Latest report card. [ ] Yes [ ] No [ ] NA
2. Cumulative records containing grades and attendance. [ ] Yes [ ] No [ ] NA
3. Current work samples. [ ] Yes [ ] No [ ] NA
4. Current interventions and supporting documentation. [ ] Yes [ ] No [ ] NA
5. Other relevant information (from parent/school/other agencies). [ ] Yes [ ] No [ ] NA
6. Relevant evaluations including state assessment results. [ ] Yes [ ] No [ ] NA
7. Student’s grades have:
[ ] Improved each year
[ ] Stayed about the same each year
[ ] Declined each year
[ ] Dropped suddenly
[ ] Data not available
8. Student’s grades in the indicated area(s) of concern
are:
[ ] Above Average
[ ] Average
[ ] Below Average
[ ] Data not available
9. Compared to last year, this student has been absent: [ ] More [ ] Less [ ] About the same [ ] NA
10. Out of school days for year to date, the student has been:
Absent days
Tardy times
Checked out times
Failing to attend class(es) times
11. Has this student ever repeated a grade(s)? If yes, which one(s)/how many times? [ ] Yes [ ] No [ ] NA
12. Has this student been suspended or expelled for disciplinary reasons during the
current school year? If yes, explain.
[ ] Yes [ ] No [ ] NA
13. Has this student been previously referred for special education services? If yes,
note previous referral date.
[ ] Yes [ ] No [ ] NA
14. Did this student qualify for special education services? [ ] Yes [ ] No [ ] NA
15. Has the student received other services such as, Title I, Migrant, 504, EL, etc.? If
yes, which ones?
[ ] Yes [ ] No [ ] NA
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Process 1: Referral Through IEP Implementation
Table of Contents
Things to remember when completing this page:
•
This section does not apply to preschool students and five-year-olds who have not attended
kindergarten.
•
For other students, the IEP Team should consider this page and indicate NA (not applicable) for items
that do not apply.
REFERRAL FOR EVALUATION
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Process 1: Referral Through IEP Implementation
ALSDE Approved Feb. 2018
ENVIRONMENTAL, CULTURAL, AND/OR ECONOMIC CONCERNS
Use this checklist:
(1) To determine factors impacting a student’s learning and therefore excluding him/her from being identified as a
student with a disability.
(2) To determine whether or not a student needs to be administered a non-traditional intelligence test if there is
environmental, language, cultural, and/or economic concerns checked.
(3) To consider if there has been a lack of appropriate instruction in reading and/or math.
Check each that applies to student.
[ ] Limited experiential background
[ ] Irregular attendance (for reasons other than verified personal illness)
[ ] Transience in school years
[ ] Home responsibilities interfere with learning activities.
[ ] Lack of proficiency in any language (a discrepancy of two or more grade levels or years between
the student’s grade level or age in language and ability).
[ ] Nonstandard English constituting a barrier to learning (only a foreign language or nonstandard
English spoken at home, the language of the home exhibits strong dialectal differences)
[ ] Limited opportunity to acquire depth in English (English not spoken in the home, transience due to
migrant employment of family, dialectal differences acting as a barrier to learning).
[ ] Limited cultural experiences (student does not participate in community activities).
[ ] The student receives other services such as Title I, Migrant, 504, EL, etc.
[ ] Limited participation in supplemental organized learning opportunities, e.g., preschool, Head
Start, after school programs
[ ] NONE OF THE ABOVE APPLY
Page 19
Process 1: Referral Through IEP Implementation
Table of Contents
Purpose(s) of this form:
•
To determine if there are environmental, cultural, and/or economic concerns that have affected the
student’s opportunity to learn.
•
To identify any environmental, language, cultural, and/or economic factors that the IEP Team needs to
consider when selecting evaluation procedures for a particular student.
•
To rule out environmental, cultural, and/or economic concerns as the primary cause of the impairment.
When to use this form:
•
Complete this page as part of the referral form.
Things to remember when completing this form:
•
Check each statement that is true about the student.
•
Give thoughtful consideration to each of the items listed to ensure that the student’s background is
accurately represented.
•
The IEP Team should discuss each area checked to determine what impact, if any, the factor has on
learning and/or the type of intelligence test to administer, and/or whether lack of academic instruction
is a contributing factor.
•
Remember that a lack of appropriate instruction in reading or math or the student’s limited English
proficiency may NOT be the determining factor in identifying a student as having a disability.
•
If there are no concerns, check NONE OF THE ABOVE APPLY at the bottom of the page.
What happens next:
•
The IEP Team should utilize information from this form to plan appropriate evaluations for the
student so that nondiscriminatory procedures are used that best reflect the student’s ability (ex:
nontraditional assessments).
•
Record information from this checklist on the Notice and Eligibility Decision Regarding Special
Education Services form. Do not write “See Attached” or indicate the number of checks on the Notice
and Eligibility Decision Regarding Special Education Services. Describe how specific factors may
have influenced the student’s educational performance. If there are no checks, that information should
be included on the Notice and Eligibility Decision Regarding Special Education Services form.
REFERRAL FOR EVALUATION
Page 20
Process 1: Referral Through IEP Implementation
ALSDE Approved Feb. 2018
FOR IEP TEAM USE ONLY
Details on the Eligibility Report to contain data-based documentation (RTI and PST interventions) for questions 1 -
3 (prong 1) and questions 4 - 7 (prong 2). (questions 4 - 7 may be waived for a child who has severe problems that
require immediate attention, a preschool child, a child with articulation, voice, or fluency problems only, a child with
a medical diagnosis of traumatic brain injury, and a parent referral.) See AAC 290-8-9.03(10)(d)4.
[ ] Yes [ ] No 1. Does data-based documentation support that the child was provided
appropriate instruction in regular education settings by qualified personnel, or
for a preschool child, participation in age-appropriate activities?
[ ] Yes [ ] No 2. Does the reason(s) for the referral have a direct impact on the child’s
educational performance, or for a preschool child, participation in age-
appropriate activities?
[ ] Yes [ ] No [ ] NA 3. Does the child make insufficient progress in meeting age or state approved
grade level standards in areas of suspected disability?
[ ] Yes [ ] No [ ] NA 4. Does data-based documentation of progress monitoring demonstrate valid
implementation of intervention(s)?
[ ] Yes [ ] No [ ] NA 5. Does data-based documentation demonstrate repeated assessment of achievement at
reasonable intervals from multiple sources for the referral concern(s)?
[ ] Yes [ ] No [ ] NA 6. Does data-based documentation demonstrate the ineffectiveness of the
intervention(s) for the referral concern(s)?
[ ] Yes [ ] No [ ] NA 7. Does documentation demonstrate that progress monitoring data was provided to
the child’s parent(s)?
[ ] Yes [ ] No 8. Does the documented data overall support the referral concern(s)?
IEP TEAM RECOMMENDATIONS
[ ] ACCEPTED FOR EVALUATION. Education agency must obtain a signed Notice and Consent for Initial
Evaluation prior to conducting the evaluation.
[ ] NOT ACCEPTED FOR EVALUATION. Education agency must provide the parent with Notice of Proposal or
Refusal to Take Action.
POSITION IEP TEAM MEMBER'S IEP TEAM MEMBER’S SIGNATURE DATE
Parent
Parent
General Education Teacher
Special Education Teacher
LEA Representative
Someone Who Can Interpret The Instructional
Implications Of The Evaluation Results
Student
Page 21
Process 1: Referral Through IEP Implementation
Table of Contents
Things to remember when completing this page:
•
IEP Team should mark Yes, No, or NA for each of the eight (8) questions in the FOR IEP TEAM USE
ONLY section. Information to answer the questions is provided by the Problem-Solving Team (PST)
prior to or at the referral meeting. This information/data verifies:
1)
appropriate instruction was provided in the regular education setting by qualified personnel,
2)
whether or not the student is making insufficient progress on grade-level standards after provision
of research-based interventions,
3)
progress was monitored on a regular basis, and
4)
progress was reported to the parent.
•
Check NA if intervention strategies were waived.
•
The IEP Team members that participate in the meeting must sign this page.
•
The answer to each question listed under the section FOR IEP TEAM USE ONLY should be YES or
NO if the IEP Team decides to accept the referral for further evaluation.
Guidance to Determine Eligibility:
To help answer questions and organize the information and used to complete Prong 1 and Prong 2, the
data-based documentation of concerns should be presented at the referral meeting and used to make the
referral decision. This information should be documented on the Notice and Eligibility Decision
Regarding Special Education Services form and should include such things as appropriate target
behavior, relationship of intervention to target behavior, duration of interventions, integrity of
implementation, and data collection procedures.
What happens next:
•
The IEP Team should carefully review all information presented. If the referral is accepted for
evaluation be sure to check ACCEPTED FOR EVALUATION. The LEA must then obtain a signed
Notice and Consent for Initial Evaluation from the parent.
•
If the IEP Team decides not to evaluate the student check NOT ACCEPTED FOR EVALUATION.
Provide the parent with the Notice of Proposal or Refusal to Take Action that explains why the IEP
Team did not accept the referral for evaluation. Refer the student to the PST.
•
All IEP Team meeting participants must sign the referral form to document his/her attendance in the
referral meeting. Type in the name of each IEP Team participant on the individual signature lines when
completing the form in SETS. Maintain a printed copy with original signatures to be kept on file.
•
If an IEP Team member is serving in two positions at the referral meeting (e.g., special education
teacher is also serving as someone who can interpret the instructional implications of the evaluation
results), he/she must sign his/her name by each position he/she is representing.
REFFERAL FOR EVALUATION
(For IEP Use Only)
Page 22
Process 1: Referral Through IEP Implementation
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 com
plaint 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
exp lanation
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.
PRIOR
WRITTEN
NOTICE
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
provisi on
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
underst anding
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
Page 23
Process 1: Referral Through IEP Implementation
Table of ContentsTable of ContentsTable of Contents
ALSDE
Approved
Feb.
2013
PARENTAL
CONSENT
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.
T
he 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.
TRANSFER
OF
PARENTAL RIGHTS
AT AGE OF MAJORITY
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.
Page 24
Process 1: Referral Through IEP Implementation
Table of ContentsTable of ContentsTable of Contents
ALSDE
Approved
Feb.
2013
INDEPENDENT EDUCATIONAL
EVALUATION
You have the right to an independent educational evaluation at public expense 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 HEARING
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.
STATE COMPLAINT
PROCEDURES
Any
individual
or
organization
has a right to file a signed written
complaint allegin g
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.
I
t 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 SDE,
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
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ALSDE
Approved
Feb.
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
c omplaint
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.
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.
You may request a due process hearing regarding the education agency’s proposal or refusal to initiate
or change the
id entif ication, 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
requesti ng
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
STATE MEDIATION PROCEDURES
DUE PROCESS HEARING PROCEDURES
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basis for 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 party 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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Process 1: Referral Through IEP Implementation
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
r ecommendations
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 ATTORNEYS’ FEES
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 1: Referral Through IEP Implementation
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.
DESTRUCTION OF INFORMATION
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.
CHILDREN WITH DISABILITIES ENROLLED BY THEIR PARENTS IN PRIVATE SCHOOLS
WHEN FREE APPROPRIATE PUBLIC EDUCATION IS AT ISSUE
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 private school or facility if the LEA made FAPE
AMENDMENT OF RECORDS AS PARENT'S REQUEST
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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.
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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 r
elevant 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 con ducted a
functi
onal
behavioral assessment dur
ing the previ
ous 18 months befor
e the beh
avior that resulted in the
c h
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
Page 33
Process 1: Referral Through IEP Implementation
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, but does not include a controlled substance that is legally
possessed 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 ap
peal has been made by either the parent or the educational
agency,
th
e
child
must
remain
in
the
interim
alternativ
e
educatio
nal
setting
pending
the
decision
of
th
e
hearing
officer
or
until
the
expiration
of
the
time
period,
whichev
er
occurs
first,
unless
the
p
arent
and
education agency
agree otherwise.
Page 34
Process 1: Referral Through IEP Implementation
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
c
hange 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 interventi
on and
modify i
t, 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 35
Process 1: Referral Through IEP Implementation
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.
Page 36
Process 1: Referral Through IEP Implementation
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 would 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 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, wish to arrange a conference, or ne
ed additional accommodations please
contact:
ator
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
Page 37
Process 1: Referral Through IEP Implementation
Table of ContentsTable 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 38
Process 1: Referral Through IEP Implementation
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 t he 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 th e p ublic 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.
Page 39
Process 1: Referral Through IEP Implementation
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.
Page 40
Process 1: Referral Through IEP Implementation
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 proposed 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, ASSESSMENTS, 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
Page 41
Process 1: Referral Through IEP Implementation
Table of ContentsTable 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 (AHSD).
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 that 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 42
Process 1: Referral Through IEP Implementation
NOTICE OF PROPOSAL OR R
EFUSAL TO TAKE 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 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 eligibility report was not given or sent to the parent and student (age 19 and older).
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 FAPE. This includes when the IEP is
developed or reviewed annually and any time the IEP is amended.
Page 43
Process 1: Referral Through IEP Implementation
NOTICE AND CONSENT FOR INITIAL EVALUATION
Student:
The IEP Team met to discuss the request and/or referral for an evaluation for your child. The IEP Team, after reviewing
existing information, has determined that an individual evaluation is needed to determine possible eligibility for special
education and related services.
The LEA/agency proposes to conduct this evaluation for the following checked reasons:
[ ] To determine developmental level [ ] Behavior concerns
[
] To determine current
[ ] To de
t
e
r
m
ine funct
i
onal
l
e
v
el [ ]
Speec
h
/
language
inconsis
t
en
t
w
i
t
hag
e
acade
m
ic
p
erfor
m
ance
[
]
To
determine
eligibility
under
Alabama
Administrative
Code
for
out
of
state
transfer
[
]
Descriptions of other options considered and why the options were rejected.
The following evaluation procedures, assessments, records, and/or reports were used in making the decision:
The evaluation may also include assessments indicated in the following checked areas:
[ ] Vision [ ] Observation [ ] Motor
[ ] Hearing [ ] Speech [ ] Other
[ ] Intellectual [ ] Language [ ] Other
[ ] Achievement [ ] Interview [ ] Other
[ ] Behavior [ ] D
evelopmental Scales [ ] Other
If you consent to an evaluation the LEA/agency will provide the evaluation at no cost to you. Giving consent for an evaluation
does not give consent for services. I f you refuse consent for an i nitial evaluation, the LEA/agency may request a mediation
and/or a due process hearing. If you give consent, you may revoke your consent at any time but not after the evaluation has
been conducted.
PLEASE CHECK ONE OF THE FOLLOWING BOXES, SIGN, AND DATE THE FORM.
[ ] I GIVE PERMISSION for the evaluation that has been proposed.
[ ] I DO NOT GIVE PERMISSION for the evaluation that has been proposed. Please explain.
Signature of Parent or Student (Age 19) Date of Signature
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 rig
hts addressed in your copy of the Special
Education Rights document. If you have information that can assist in this evaluation, have questions regarding this evaluation, wish
to schedule a conference, or need another copy of your rights please contact:
Name:
Telephone:
Please
return
this
form
to:
Address
Signature of Education Agency Official
Date Provided/Sent
Results of 1
st
Attempt:
2
nd
Attempt Date Action
Results of 2
nd
Attempt:
Date Signed Consent Received by Public Agency
ALSDE Approved Feb. 2014
Page 44
Process 1: Referral Through IEP Implementation
Table of ContentsTable of ContentsTable of Contents
NOTICE AND CONSENT FOR INITIAL EVALUATION
Purpose(s) of this form:
• To provide written documentation to the parent and student (age 19 and older) of the reasons for the
evaluation.
• To provide written documentation to the parent and student (age 19 and older) of the information used
to recommend a formal evaluation.
• To obtain written consent from the parent or student (age 19 and older) for administration of the
proposed individualized evaluation.
• To document that the parent and student (age 19 and older) have been offered notice in his/her native
language.
• To document the beginning of the 60-calendar day timeline to complete the initial evaluation.
• To document that an IDEA eligible student transferred from out-of-state and needs to be evaluated to
determine if he/she meets the AAC criteria.
When to use this form:
• After the IEP Team determines a need for an initial evaluation and prior to conducting any assessments
that will be used in determining eligibility.
Things to remember when completing this form:
• Describe other options considered and why they were rejected. Examples are provided below:
o Not testing was considered and rejected because the academic/behavior difficulties persist after
interventions.
o The 504 considerations were rejected because academic/behavior problems require specially
designed instruction for educational benefit.
o Not providing classroom accommodations were considered and rejected because
academic/behavior problems have not shown improvement following accommodations in the
classroom.
o Not providing counseling was considered and rejected because behavior problems persist.
o Not developing a behavioral intervention plan was considered and rejected because behavioral
problems persist, etc.
• Indicate what areas of assessments or procedures may be completed by education agency personnel.
• Obtain parent or student (age 19) signature at the referral meeting. Note: The receipt of a signed Notice
and Consent for Initial Evaluation begins the 60-day timeline to complete the initial evaluation. The
date of receipt may be different from the date the parent signs the consent form.
• Type in the name of the parent or student (age 19 and older) on the signature line when completing the
form in SETS. Type in the name of the person signing as the education agency official in the spaces
provided when completing the form in SETS.
• Maintain a printed copy with original signatures to be kept on file.
• Record the date that the notice was provided/sent and results. If there is no response after the first
notice, a second contact must be made and the date of the contact recorded on this form. The action and
results of the second contact should be documented.
• Document any additional contacts and the results of attempts to obtain consent for initial evaluation on
this form.
• An evaluation for an out-of-state transfer student is considered to be an initial evaluation. Refer to the
transfer student process charts. A referral form is not required for an out-of-state transfer student that
was eligible for services in another state.
What happens next:
• If the parent or student (age 19 and older) checks I GIVE PERMISSION for the evaluation that has
been proposed, the evaluation proceeds.
Page 45
Process 1: Referral Through IEP Implementation
NOTICE AND CONSENT FOR INITIAL EVALUATION
(continued)
• If the parent or student (age 19 and older) checks I DO NOT GIVE PERMISSION for the evaluation
that has been proposed, the education agency may not proceed with the evaluation. The education
agency may request that the parent or student (age 19 and older) participate in a conference to discuss
their decision. If
the parent or student (age 19 and older) does not change his/her mind after the
conference, the education agency may request mediation or due process. However, the evaluation may
not be conducted unless the parent or student (age 19 and older) signs the consent or a due process
hearing officer orders the evaluation.
• If the parent or student (age 19 and older) does not want to sign at the meeting, he/she may take the
form and return it at a later time. Note: The receipt of a signed
Notice and Consent for Initial Evaluation
begins the 60-day timeline to complete the initial evaluation. The date of receipt may be different from
the date the parent or student (age 19 and older) signs the consent form.
• The parent or student (age 19 and older) must sign and date the form and check I GIVE PERMISSION
before the evaluation may be conducted.
Page 46
Process 1: Referral Through IEP Implementation
NOTICE OF REVOCATION OF CONSENT FOR INITIAL EVALUATION
Dear Parent:
On you gave permission/consent for your child
to be evaluated.
It is our understanding that since that time you have decided to revoke your consent for the
evaluation.
Therefore the following actions will be taken:
We will not initiate the evaluation.
Since we have already initiated the evaluation, we will not proceed with any further
evaluations. The revocation is not retroactive therefore this does not negate any
evaluation conducted from the time consent was given.
Yes, I agree with the actions decided and want to revoke my consent for the initial
evaluation.
If you have any questions, you may contact:
Name: Telephone:
Please return this form to: Address
Signature: Date:
ALSDEApprovedFeb.
2014
Page 47
Process 1: Referral Through IEP Implementation
Table of ContentsTable of ContentsTable of Contents
Notice of Revocation of Consent for Initial Evaluation
Purpose(s) of the form:
•
To document in writing the parent’s or student’s (age 19 and older) request to revoke consent for the
initiation of or the continuation of the initial evaluation.
When to use this form:
•
This form is used when a parent requests that his/her child no longer receive an initial evaluation for special
education and related services, after consent was obtained. A student (age 19 and older) may also request
that he/she no longer receive an initial evaluation after he/she gave consent for the initial evaluation.
Things to remember when completing this form:
•
The revocation of the initial evaluation shall be in writing.
•
Upon receipt of a signed copy of the Notice of Revocation of Consent for Initial Evaluation form indicating
the parent or student (age 19 and older) wants to revoke consent, the public agency must provide/send a
copy of the Notice of Proposal or Refusal to Take Action form informing the parent and student (age
19 and older) that the student will no longer receive an initial evaluation.
•
The revocation is not retroactive therefore this does not negate any evaluation conducted from the time
consent was given up to the time the parent revoked consent.
What happens next:
•
The public agency should not initiate or conduct further assessments as part of the initial evaluation.
•
If a referral for an evaluation is made at a later date for this child, the evaluation will be an initial
evaluation.
Page 48
Process 1: Referral Through IEP Implementation
Table of ContentsTable of ContentsTable of Contents
FA
R
NEA
R
Both Eyes [ ] Pass [ ] F
a
il [ ] Pass [ ]
Fail
R
ight Eye [ ] P
a
ss [ ] F
a
il [ ] P
a
ss [ ]
Fail
Left Eye [ ] P
a
ss [ ] F
a
il [ ] P
a
ss [ ]
Fail
FA
R
NEA
R
Both Eyes [ ] P
a
ss [ ] F
a
il [ ] P
a
ss [ ]
Fail
R
ight Eye [ ] P
a
ss [ ] F
a
il [ ] P
a
ss [ ]
Fail
Left Eye [ ] P
a
ss [ ] F
a
il [ ] P
a
ss [ ]
Fail
VISION SCREENING
FORM
School Year:
Grade:
Date:
Student’s Name
School:
Initial Examiner
Screening Date:
Examiner:
Instrument
used:
Remarks:
[ ] Within Normal Limits
[ ] Needs Recheck
[ ] With Glasses
[ ] Needs Referral
Recheck Date:
Examiner:
Instrument
used:
Remarks:
[ ] Within Normal Limits
[ ] Needs Recheck
[ ] With Glasses
[ ] Needs Referral
Resolution of Problem:
If the child cannot be conditioned to traditional vision screening, a functional vision screener may be used.
Date: [ ] Pass [ ] Fail Examiner:
Optional Form for Required Procedure/Evaluation
ALSDE Approved Feb. 2014
Page 49
Process 1: Referral Through IEP Implementation
Table of ContentsTable of ContentsTable of Contents
ALSDE Approved Feb. 2014
FREQUENCY HZ
1000 2000 4000
Righ
t
Ea
r
HL 20 [ ] Pass
[ ] Fail
[ ] Pass
[ ] Fail
[ ] Pass
[ ] Fail
Lef
t
Ea
r
HL 20 [ ] Pass
[ ] Fail
[ ] Pass
[ ] Fail
[ ] Pass
[ ] Fail
Examiner:
Audiometer:
Last Calibration Date:
Tympanometry: RE
Tympanometry: LE
HEARING SCREENING
FORM
Student’s
Name
School
Year
School
Grade
Initial
Examiner
Date
Hearing Criteria: Puretone Audiometry-Tympanometry. A student fails the screening test if he/she does not respond to any one
tone (frequency) at 20db hearing level in either ear.
Screening
Date:
FRE
Q
UENCY HZ
1000
2000
4000
Right Ear HL 20 [ ] Pass
[ ] Fail
[ ] Pass
[ ] Fail
[ ] Pass
[ ] Fail
Left Ear HL 20
[ ] Pass
[
]
Fail
[ ] Pass
[ ] Fail
[ ] Pass
[ ] Fail
Remarks:
[ ] Within Normal Limits
[
[
]
]
Needs Resc
r
een (wi
t
hin t
w
o weeks)
Needs Referral
Recheck
Date:
Examiner:
Audiometer:
Last Calibration Date:
Tympanometry: RE
Tympanometry: LE
Remarks:
[ ] Within Normal Limits
[
[
]
]
Needs Resc
r
een (wi
t
hin t
w
o weeks)
Needs Referral
Resolution
of
Problem:
If the child cannot be conditioned to pure-tone audiometry, an auditory response screener may be used.
Date:
[
]
Pass
[
]
Fail
Examiner:
Optional Form for Required Procedure/Evaluation
Page 50
Process 1: Referral Through IEP Implementation
Table of ContentsTable of ContentsTable of Contents
OBSERVATION
FORM
STUDENT'S
NAME
BIRTH
DATE
SCHOOL
GRADE
DATE
OF
OBSERVATION
OBSERVER’S
SIGNATURE
NAME
OF
OBSERVER
POSITION
TIME
STARTED
TIME
COMPLETED
[ ] Structured [ ] Unstructured (one required)
The observation MUST include activity/class and MAY include other items such as student’s response, teacher’s
response, and peer response.
Required Assessment for certain
disability areas
If SLD is suspected a member of the
group who determines eligibility must
conduct the observation.
AAC page 516 5. (i) (ii)
ALSDE Approved Feb. 2012
Page 51
Process 1: Referral Through IEP Implementation
Table of ContentsTable of ContentsTable of Contents
OBSERVATION FORM
(Optional form for required procedure/evaluation)
Purpose(s) of this form:
•
To document in narrative form the actual observation of behavior/academic performance demonstrated by a
student in a natural, age-appropriate, or educational environment.
When to use this form:
•
This form may be used when a student is suspected of having a disability in the area of ED or SLD.
•
This form may be used at reevaluation for any disability area if the IEP Team determines that additional data
are needed.
•
Do not use this form when observing a three- to five-year olds being evaluated for preschool services. Use
the Natural Environment Observation/ELPP Documentation.
Things to remember when completing this form:
•
All blanks on the top of the form must be filled in completely with the indicated information.
•
The person completing the observation must sign as the observer.
•
Type in the name of the observer on the signature line when completing the form in SETS.
•
Indicate whether the observation is in a structured environment or unstructured environment by checking
the appropriate box.
•
Complete only one observation in one setting per form.
•
The report must include the activity/class where the observation took place.
•
Requirements for determining eligibility in the area of ED include observations in at least two educational
environments. A third observation may be used as documentation that the emotional disability has been
exhibited over a long period of time. The observation must be conducted by a qualified professional.
•
Requirements for determining eligibility in the area of SLD include at least one observation of the
student’s academic performance in the regular classroom setting. The observation should be directed to the
specific area(s) of the suspected learning disability. The observation must be conducted by at least one
member of the IEP Team or Eligibility Committee (whichever group is responsible for determining
whether a child has a Specific Learning Disability) unless, the IEP Team or Eligibility Committee chose
to use an observation conducted prior to obtaining consent.
•
Requirements for determining eligibility in the area of Autism include observation in both a structured and
an unstructured school environment or natural setting and a structured interview with the parent/primary
caregiver for all students in Grades K-12. For all preschool aged children, an observation in a natural
setting and a structured interview with the parents/primary caregiver is required.
What happens next:
•
Analyze the observation report and record what is relevant in determining eligibility on the Notice and
Eligibility Decision Regarding Special Education Services form. Do not write “See Attached” on the
eligibility report.
Page 52
Process 1: Referral Through IEP Implementation
AAC page 508 (4) (ii)
NATURAL
ENVIRONMENT OBSERVATION
/ ELPP DOCUMENTATION
CHILD’S NAME: D O B DOE
:
EXAMINER: POSITION:
RESPONDENT: RELATIONSHIP TO CHILD:
EDUCATIONAL
ENVIRONMENT
(Preschool/Daycare/Home):
The Natural Environment Observation (NEO) is intended to document strengths and needs of the child based
on an observation(s) and interviews in a natural, age-appropriate environment. The form should be completed
by LEA personnel in conjunction with the parent(s), childcare provider, preschool teacher(s), or other service
providers (ex.: OT, PT). NEO information is required for DD eligibility and should also be used to assist in
documenting ELPP levels for children with any disability area within 45 days of the beginning of special
education services.
Codes: Family Focus Interview (FFI) Natural Environment Observation (NEO), Early Learning Progress Profile
(ELPP), Parent Report (PR) Teacher Report (TR) Observation (O) Related Services (RS) Assessment (A)
Early Intervention Information (EI) Private Evaluations (PE) Medical Reports (MR) Curriculum
Evaluations (CE) SLI Checklist (SC), Preschool Checklist (PC)
COMMUNICATION
DEVELOPMENT
Does the child:
YES NO SOU
R
CE(S)
1.
Unde
r
stand and follow spoken di
r
ec
t
io
n
s? (LL.P.1.1)
2.
Express wa
n
ts and needs? (LL.P.4.1,
A
L.P.1.1)
3.
Point to or name a variety of
pictures/objects/actions?
(LL.P.3.1, S.P.3.1)
4.
Respond to ques
t
io
n
s? (LL.P.4.2)
5.
Engage in
con
v
ers
a
tions
with
p
eers/a
d
ults?
(LL.P.4.3)
6.
Use two to five wo
r
d p
h
r
ases? (LL.P.4.4)
7.
Retell si
m
ple sto
r
ies and events? (LL.P.4.6)
8.
Refe
r
to self
b
y na
m
e? (SE.P.1.1)
Concerns/Comments:
ADAPTIVE
BEHAVIO
R
/DAILY
LIVING ENVI
R
ONMENT
Does the child: YES NO SOU
R
CE(S)
1.
Wash and d
r
y hands withou
t
assistance? (HDL.P.1.1)
2.
Toile
t
independentl
y
?
(HDL.P.1.2)
3.
Cove
r
m
outh and nose when snee
z
ing and cou
g
hing? (HDL.P.1.6)
4.
Pu
t
on/
t
a
ke
off si
m
ple
clo
t
hin
g
?
(HDL.P.1.4)
5.
Follow
m
ealti
m
e
r
outi
n
es? (HDL.P.2.1)
6.
Open a food o
r
d
r
ink con
t
aine
r
? (HDL.P.2.2)
7.
Ea
t
with a spoo
n
/fo
r
k? (HDL.P.2.3)
8.
Drink f
r
o
m
an open cup? (HDL.P.2.4)
Concerns/Comments:
ALSDE Approved Feb.
2012
Page 53
Process 1: Referral Through IEP Implementation
Table of ContentsTable of ContentsTable of Contents
ALSDE Approved Feb. 2012
Page 47
SOCIAL/EMOTIONAL
DEVELOPMENT
Does the child: YES NO SOU
R
CE(S)
1.
Pa
r
t
icipate in p
r
etend play to d
r
a
m
ati
z
e sto
r
ies a
n
d
r
ee
n
act
r
eal-life
roles
/
ex
p
e
r
iences?
(
LL.P.4.6, CA.P.3.1
)
2.
I
n
i
t
ia
t
e play
w
i
t
h o
t
he
r
c
h
i
l
d
r
e
n
? (SE.P.2.1)
3.
Exp
r
ess positive and negative e
m
otions in socially app
r
op
r
iate ways?
(
SE.P.2.2
)
4. Change locations and ac
t
ivities withou
t
dis
t
r
ess? (SE.P.2.3)
5. Accep
t
li
m
its? (S.E.P.3.2)
6. Sepa
r
ate easily f
r
o
m
his/
h
e
r
fa
m
ily? (SE.P.2.4)
7.
Sustain inte
r
ac
t
ion with pee
r
s
b
y coope
r
ating, playing and in
t
eracting?
(
SE.P.3.1
)
8. Sha
r
e and take tu
r
ns
w
ith pee
r
s? (SE.P.3.2)
9.
Unde
r
stand how ac
t
ions affec
t
othe
r
s and
b
egin to accept conseque
n
ces of
b
ehavio
r
?
(
SE.P.3.2
)
Concerns/Comments:
MOTO
R
DEVELOPMENT
Does the child: YES NO SOU
R
CE(S)
1. Use w
r
iting tools and a
r
t
m
edia approp
r
iately
t
o d
r
aw o
r
w
r
ite? (CA.P.1.1)
2. Make pu
r
poseful
m
a
r
ks such as lines, ci
r
cles, o
r
le
t
te
r
s? (LL.P.5.2)
3.
K
ick a
b
all, ju
m
p, hop, skip, run with
b
alance? (PD.P.1.1)
4. Cli
m
b
on playg
r
ound equip
m
ent? (PD.P.1.1)
5. Walk up a
n
d down stai
r
s i
n
dependen
t
l
y
? (PD.P.1.1)
6. Pick up s
m
all o
b
jects using pince
r
g
r
asp? (PD.P.2.1;2.2)
7. Fasten clot
h
ing (buttons, s
n
aps o
r
z
ippe
r
s) independen
t
ly? (HDL.P.1.5)
8.
Pa
r
t
icipate in si
m
ple songs, finge
r
plays, and nu
r
se
r
y
r
h
y
m
es? (CA.P.2.2,
LL.P.4.5)
Concerns/Comments:
COGNITIVE DEVELOPMENT
Does the child:
YES NO SOU
R
CE(S)
1. Unde
r
stand and follow
r
ules and rou
t
ines? (AL.P.1.3)
2. Lis
t
en at
t
en
t
ively to sto
r
ies? (LL.P.1.2)
3. De
m
onst
r
a
t
e appropriate
b
ook handling skills? (LL.P.6.1)
4. Coun
t
1-10? (M.P.1.2)
5. Poin
t
to o
r
na
m
e shapes? (M.P.2.1)
6.
Ma
t
ch a
n
d so
r
t
o
b
jec
t
s
b
y specific characte
r
is
t
ics (colo
r
, shape, size)?
(
M.P.3.1
)
7. Have expe
r
ience with co
m
pute
r
s and o
t
he
r
fo
r
m
s of technolo
g
y? (T.P.1.1)
8. Sta
t
e whethe
r
he/she is a
b
oy o
r
girl? (SE.P.1.2)
9. Poin
t
to o
r
na
m
e
b
ody pa
r
t
s? (SE.P.1.3)
Concerns/Comments:
Page 54
Process 1: Referral Through IEP Implementation
Table of ContentsTable of ContentsTable of Contents
Purpose(s) of this form:
•
To document strengths and needs of the child based on the observation in a natural, age-appropriate
environment.
•
To document information for the ELPP.
When to use this form:
•
To document required information for DD eligibility.
•
This form is required for preschool children (three-, four- and five-year-olds who have not entered
kindergarten) referred for DD.
•
This form should be used to obtain documentation for the ELPP.
•
This form may be used for school-age children referred for DD or an observation form may be
substituted.
•
This form may be used to gather information as required for eligibility in other areas of disability.
Things to remember when completing this form:
•
This form should be completed by LEA personnel through observation of the child in his/her natural
preschool environment or home.
•
Information should be based on observation of the child or interviews with parents, preschool teachers,
childcare providers, or other service providers.
•
All fields must be completed; write N/A if not applicable.
•
This form must be completed by LEA personnel in conjunction with the parent, guardian, and/or
childcare provider.
What happens next:
•
Information from this form must be documented on the eligibility report for the disability area of DD
for preschool children and may be used for other disability areas, as appropriate.
•
Information from the Natural Environment Observation/ELPP Documentation should be considered
when determining services and/or LRE.
•
There should be a direct relationship between the Natural Environment Observation/ELPP
Documentation
and the development of the IEP.
•
Information from the Natural Environment Observation/ELPP Documentation should be used to
complete the ELPP as appropriate.
•
A copy of this form should be retained with the child’s eligibility information.
NATURAL ENVIRONMENT OBSERVATION/ELPP DOCUMENTATION
(Required Form – Not in SETS)
Page 55
Process 1: Referral Through IEP Implementation
ALSDE Approved Feb. 2012
AAC page 508 (4)(i)
FAMILY FOCUS INTERVIEW/ELPP DOCUMENTATION
The Family Focus Interview (FFI) is intended to document strengths, needs and concerns related to the child. The
entire form should be completed by LEA personnel through interview format with the parent or guardian. The FFI
information is required for Developmental Delay (DD) eligibility and should also be used to a
ssist in documenting
the Early Learning Progress Profile (ELPP) levels for children with any disability area within 45 days of the
beginning of special education services.
Child’s Name:
Date
:
Sex: DOB
SSID#
:
Address:
Phone:
Preschool/Daycare
Child Attends:
Days/Times
:
Interviewer’s
Name: Position in
LEA:
Respondent’s
Name: Relationship to
Child:
Who
does the child live with: [ ] Parent(s) [ ] Other Relative(s) [ ] Custodian [ ] Guardian [ ] Other
Mother’s/Guardian’s Name:
Age:
Occupation:
Work
Phone:
Father’s/Guardian’s
Name:
Age:
O
ccupation:
Work
Phone:
Parent(s)
is/are: [ ] Married [ ] Divorced [ ] Separated [ ] Single [ ] Deceased: father/mother (circle one)
Other children in household:
Name Sex Age Relationship
Birth History (Explain any illnesses/injuries/complications during pregnancy):
Was your child born prematurely? [ ]Yes [ ]No If yes, how many weeks/months early?
Were there problems after birth? [ ] Yes [ ]No If yes, explain
How long was your child in the hospital after birth?
Are there any other known or suspected disabilities in the family? [ ] Yes [ ] No
If
yes,
explain:
Has your child been diagnosed with any health or medical concerns? [ ] Yes [ ] No
Page 56
Process 1: Referral Through IEP Implementation
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ALSDE Approved Feb. 2013
If
yes,
explain:
Did your child previously receive Early Intervention Services? [ ] Yes [ ] No
If yes, Date of Entry and Exit: Entry:
Exit:
Has
your child been evaluated and/or received any other special services? [ ] Yes [ ] No
If yes, explain:
Child’s Doctor: Date of last
exam:
Address:
Phone:
Release
of Information from doctor obtained [ ] Yes [ ] No
What is your child’s major means of communication?
[ ]Speech [ ]Signing [ ]Communication Device [ ]Gestures [ ]Vocalizations [ ]Pictu
r
e exchange
[ ]Combination of Modes [ ]Other (Specify)
What are some of your child’s likes/interests?
Are there any foods your child cannot eat (include allergies or foods that are rejected due to
textures)? [ ] Yes [ ] No If yes, list foods:
Are there any foods your child does not eat? [ ] Yes [ ] No
If yes, list foods:
Does your child currently take any medication? [ ] Yes [ ] No
If yes, explain
Does your child sleep at appropriate times? [ ] Yes [ ] No
If no, explain:
List
any
recent
progress
or
changes
you
have
seen
in
your
child
Comments:
Page 57
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ALSDE Approved Feb. 2013
Page 51
FAMILY FOCUS INTERVIEW / ELPP DOCUMENTATION
Continue this section through interview format with the parent/guardian. Provide verbal or picture examples if
a
question is not clear to the
respondent.
LANGUAGE/LITERACY/COMMUNICATION
Does
y
our child: YES NO
1.
Identify sounds? (LL.P.2.1-2, LL.P.7.2)
2.
Identify syll
a
b
les? (LL.P.2.3, LL.P.6.5)
3.
Identify/recognize wo
r
ds th
a
t
r
hy
m
e? (LL.P.2.4)
4.
I
d
e
n
tify en
v
i
r
o
n
m
e
n
t
a
lp
r
i
n
t (McDo
n
a
l
d
’s,
W
a
l-M
a
r
t,
e
tc.)? (LL.P.6.2, LL.P.6.5)
5.
R
ecognize n
a
me in p
r
int? (LL.P.6.2-3, LL.P.6.5)
6.
Identify lette
r
s? (LL.P.6.4-5, LL.P.7.1)
7.
Speak clearly? (LL.P.4.4)
8.
Spe
a
k so th
a
t he/she is un
d
e
r
stood
b
yfamily?
9.
Spe
a
k so th
a
t he/she is un
d
e
r
stood
b
y people outside the family?
Comments/Concerns:
MATH AND SCIENCE
Does
y
our child: YES NO
1.
Count up to five objects accur
a
tely? (M.P.1.1)
2.
Understand positional concepts (in, on, under, behind, in front)? (M.P.2.2)
3.
Tell wh
a
t co
m
es next in a simple p
a
tte
r
n? (M.P.3.2)
4.
Co
m
p
a
r
e objects
b
y size
(
b
i
g
, little, lo
n
g
, s
h
o
r
t, s
m
a
ll,
m
e
d
iu
m
, la
r
g
e)?
(M.P.4.1, S.P.2.1)
5.
Compa
r
e objects
b
y weight (he
a
vy, light)? (M.P.4.2, S.P.2.1)
6.
Name the
d
ays of the week? (M.P.4.3)
7.
Un
d
e
r
st
a
nd more
a
nd less? (M.P.5.1)
8.
Tolerate different textures, smells, tastes, and noises? (S.P.1.1)
9.
Point to o
r
n
a
me pictu
r
e of winte
r
o
r
summe
r
? (S.P.4.1)
10.
Point to o
r
n
a
me types of we
a
the
r
(r
a
iny, sunny, hot, o
r
col
d
)? (S.P.4.2)
Comments/Concerns:
Page 58
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ALSDE Approved Feb. 2013
Page 52
ATTENTION AND BEHAVIO
R
Does your child: YES NO
1.
Demonstr
a
te
a
pp
r
op
r
i
a
te
a
ttention sp
a
n?
2.
M
a
k
e eye co
n
t
a
ct?
3.
H
a
ve t
a
nt
r
ums?
4.
Appear excitable/overactive?
5.
Accept limits? (S.E.P.3.2)
6.
Inte
r
act well with othe
r
s? (S.E.P.2.1)
7.
Obey
a
nd comply with
r
equests? (LL.P.1.1)
8.
Hit o
r
hu
r
t othe
r
s?
9.
R
ecognize
d
a
nge
r
?
10.
Seem quiet/withdrawn?
11.
H
a
ve unusu
a
l fea
r
s?
List:
Comments/Concerns:
APPROACHES TO LEARNING, C
R
EATIVE A
R
TS, HEALTH AND
DAILY LIVING, PHYSICAL DEVELOPMENT, AND
TECHNOLOGY
Does your child: YES NO
1.
Complete puzzles? (AL.P.1.2)
2.
Buil
d
b
loc
k
towe
r
s?
(
A
L
.P.1.2, CA.P.1.1)
3.
Use crayons/
m
a
r
k
e
r
s? (CA.P.1.1, PD.P.2.1)
4.
U
se p
a
i
n
t?
(
CA.P.1.1, PD.P.2.1)
5.
Use glue? (CA.P.1.1, PD.P.2.1)
6.
Play musical instruments? (CA.P.2.1, CA.P.2.2)
7.
Play with toys appropriately (dolls, trucks, etc.)? (CA.P.3.1)
8.
B
r
ush teeth in
d
epen
d
ently? (HDL.P.1.3)
9.
Cut with scisso
r
s? (PD.P.2.1, CA.P.1.1)
10.
M
a
nipul
a
te play dough? (PD.P.2.1, CA.P.1.1)
11.
Nest cups? (PD.P.2.2)
12.
St
r
ing
b
e
a
ds? (PD.P.2.2)
13.
Use computer mouse/game controller/iPad/Game Boy, etc.? (T.P.1.1)
Comments/Concerns:
Page 59
Process 1: Referral Through IEP Implementation
Table of ContentsTable of ContentsTable of Contents
Purpose(s) of this form:
•
To provide home and family history of a preschool child.
•
To assist in identifying assessments and services that documents the concerns and priorities of the family.
•
This form is required for preschool children (3-, 4-, and 5-year olds who have not entered kindergarten)
referred for DD.
•
This form may be used for school-age children referred for DD to document concerns and priorities of
the family.
•
This form may be used to gather information as required for eligibility in other areas of disability.
•
This form should be used to gather information used as ELPP documentation.
When to use this form:
•
This form must be completed when evaluating for the suspected disability area of DD for preschool
children.
Things to remember when completing this form:
•
This form should be completed by LEA personnel though interview format with the parent(s) or guardian.
•
All fields must be completed; write N/A if not applicable.
What happens next:
•
Information from this form must be documented on the eligibility report for the disability area of DD and
may be used for other disability areas, as appropriate.
•
Information from this form should be considered when determining services and/or LRE.
•
There should be a direct relationship between the Family Focus Interview/ELPP Documentation, the
development of the IEP and completion of the ELPP.
•
A copy of this form should be retained with the child’s eligibility information.
FAMILY FOCUS INTERVIEW/ELPP DOCUMENTATION
(Required Form – Not in SETS)
Page 60
Process 1: Referral Through IEP Implementation
ALSDE Approved Feb. 2017
NOTICE AND
ELIGIBILITY DECISION
REGARDING
SPECIAL
EDUCATION
SERVICES
STUDENT’S NAME: Date of Birth:
Date this report was given or sent to parent (student at age 19)
Check One: [ ] Initial Eligibility [ ] Reevaluation
Area of Assessment:
Date:
Assessment:
Standard Scores (Total):
Other Scores:
Date:
Assessment:
Standard Scores (Total):
Other Scores:
Date:
Assessment:
Standard Scores (Total):
Other Scores:
Area of Assessment:
Date:
Assessment:
Standard Scores (Total):
Other Scores:
Date:
Assessment:
Standard Scores (Total):
Other Scores:
Date:
Assessment:
Standard Scores (Total):
Other Scores:
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ALSDE Approved Feb. 2017
STUDENT’S NAME: Date of Birth:
Area of Assessment:
Date:
Assessment:
Standard Scores (Total):
Other Scores:
Date:
Assessment:
Standard Scores (Total):
Other Scores:
Date:
Assessment:
Standard Scores (Total):
Other Scores:
Area of Assessment:
Date:
Assessment:
Standard Scores (Total):
Other Scores:
Date:
Assessment:
Standard Scores (Total):
Other Scores:
Date:
Assessment:
Standard Scores (Total):
Other Scores:
Final Completion Date of ALL Evaluations:
Page 62
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Table of ContentsTable of ContentsTable of Contents
NOTICE AND ELIGIBILITY DECISION REGARDING
SPECIAL EDUCATION SERVICES
Purpose(s) of this form:
•
To document all assessments and results used in the evaluation/reevaluation process.
•
To document that required assessments were administered as part of the initial evaluation for each area
of suspected disability.
•
To document that a copy of the eligibility report was given/sent to the parent and student (age 19 and
older) at initial eligibility determination and each reevaluation for continued eligibility determination.
When to use this form:
•
For initial eligibility, the form is completed after all assessments are conducted as part of the initial
evaluation and all other relevant data are reviewed.
•
For each reevaluation, complete the form documenting all assessments conducted/considered and all
other relevant data reviewed.
Things to remember when completing this form:
•
You may use the Annotate Process to document each time a copy of this form is given/sent to the parent
and student (age 19 and older).
•
Check to indicate the form is being completed for an initial eligibility or reevaluation.
•
Document vision and hearing screening results under Other Scores within the appropriate area of
assessment.
•
List all assessment information, including reports provided by the parents or other agencies that will be
used in determining eligibility.
•
Include the name of the assessment AND the results.
•
For observations, teacher checklists, medical reports, work samples, documentation of appropriate
instruction, etc., provide a summary statement on the form under Other Scores.
•
Document at least two attempts to obtain the home version of an adaptive behavior scale on the form
under Other Scores.
Scores
•
Test scores must be reported as standard scores with a mean of 100 and a standard deviation of 15. If a
test does not yield standard scores, you must convert the score by using the conversion tables/charts
available on our web page in the Assessment link. For example: If a T-score is used it should be
documented under Other Scores.
•
Total scores obtained for an achievement and IQ test must be documented under standard score on the
eligibility report.
•
If an assessment used as supporting documentation does not yield scores that can be converted to
standard scores, enter results under Other Scores.
•
For reevaluation, if parent consent is not obtained and two attempts are documented, an assessment
area labeled record review can be created to document the attempts or the attempts can be documented
in the Annotate Process.
•
The Final Completion Date of ALL Evaluations is the date used to determine if the initial evaluation
was completed 60-calendar days from the date the public agency received the signed copy of the Notice
and Consent for Initial Evaluation. Therefore, all assessments should be dated on or before the final
completion date.
•
If the Notice and Eligibility Decision Regarding Special Education Services form is amended, provide
the parent and student (age 19 and older) a Notice of Proposal of Refusal to Take Action form explaining
the amendments made and attach to the Notice and Eligibility Decision Regarding Special Education
Services.
Page 63
Process 1: Referral Through IEP Implementation
STUDENT’S NAME: Date of Birth:
SLD ONLY SECTION – For each option checked below, include documentation of a specific learning
disability in the assessment section of this report and in the box below briefly summarize data
supporting your selection(s).
[ ] Option 1:
Response(s)
to Intervention.
[ ] Option 2: Pattern of strengths and weaknesses.
Data summary for option 1 and/or option 2:
[ ] Option 3: Severe
Discrepancy
(SD) documentation.
IQ score:
Predicted Achievement
(PA) score:
PA
- OA
=
SD
Obtained Achievement (OA) score(s)
PA
- OA
determined one of two ways:
=
SD
(SD must be 16 points
One Achievement Test or greater for all
ages)
Total test score
OR
Two Composites
OR
Two Subtests
Scores from two different achievement tests that measure the same deficit skill area (i.e.,
Composite Reading scores from two different tests; Subtest Calculation scores from two
different tests)
Severe
discrepancy
(SD) between ability and achievement: [ ] YES [ ] NO
Complete for all students suspected of SLD, regardless of option(s) chosen above.
1. For educationally relevant
behaviors noted during the classroom observation(s)
and educationally
relevant medical findings (if any), please refer to page(s) of this report.
2. Student behavior or difficulty that affects his/her academic functioning:
3. The following factors have been ruled out as the primary cause of the impairment (all must be considered
and checked to qualify for SLD):
[ ]
Environmental/Cultural/Economic
Concerns
[ ]
Visual/Hearing
Disabilities
[ ]
Intellectual Disability [ ] Emotional Disability
[ ] Motor Disabilities
ALSDE Approved Feb. 2017
Page 64
Process 1: Referral Through IEP Implementation
Table of ContentsTable of ContentsTable of Contents
NOTICE AND ELIGIBLITY DECISION REGARDING
SPECIAL EDUCATION SERVICES
(SLD Section Only)
Purpose(s) of this page:
•
To document each option used to determine eligibility for SLD.
•
To document that appropriate procedures were used to determine eligibility for SLD.
Things to remember when completing this page:
•
For all students suspected of having a SLD, the SLD ONLY SECTION must be completed in its
entirety, using either Option 1, Option 2, Option 3; or a combination of the three options.
•
For Option 1, document all interventions that were used and the response or lack of response observed in
the student’s performance in the classroom. Include the amount of time the interventions were utilized.
•
For Option 2, document patterns of strengths and weaknesses in performance, achievement, or both.
•
For Option 3, document the scores used to determine a severe discrepancy.
•
Complete all three items in the box at the bottom of the page whether using Option 1, Option 2, Option
3, or a combination of options. THESE FACTORS MUST BE CONSIDERED and CHECKED AS
BEING RULED OUT as the primary cause of the impairment.
•
In the SLD Only Section, select the option(s) considered when determining eligibility for SLD.
Summarize any data used to determine eligibility under Data summary for Option 1 and/or
Option 2. The summary should include assessment data considered, both strengths and weaknesses
should be considered when using the Pattern of Strengths and Weaknesses (Option 2). Document
assessment data used to make the determination.
Page 65
Process 1: Referral Through IEP Implementation
STUDENT’S NAME: Date of Birth:
E L I G I B I L I T Y D E C I S I O
N
Complete for all students
:
Was a lack of appropriate instruction in math and/or reading, including the essential components of reading instruction
(as defined in section 1208(3) of the Elementary and Secondary Education Act of 1965) or limited English
proficiency the determining factor in the decision? (See
documentation
in this report.)
[ ] YES
[
]
NO
[ ] YES [ ] NO
Does the student meet AAC criteria for the suspected area(s) of disability?
[ ] YES [ ] NO
Does the disability have an adverse affect on educational performance?
[ ] YES [ ] NO
Does the student need specially designed instruction in order to access and participate
in the general education curriculum?
ELIGIBLE: [ ] YES [ ] NO
AREA OF DISABILITY:
If the selected area of disability is Multiple Disabilities, list at least two disability areas for which the student is
eligible.
Explanation (if needed):
DESCRIPTION
OF OTHER OPTIONS
CONSIDERED
AND WHY THEY WERE REJECTED
CHECK ONE
: Eligibility Committee [ ] IEP Team [ ]
I AGREE with the conclusions written in this report.
Position Si
g
nature Date
Parent
Parent
General Education Teacher
Special Education Teacher
LEA Representative
Someone Who Can Interpret The Instructional
Implications Of The Evaluation Results
Student
Other
I DO NOT AGREE with the conclusions written in this report. The attached statement represents my conclusions in this
area.
Position Si
g
nature Date
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:
Name:
Telephone:
Signature of Education Agency Official
ALSDE Approved Feb. 2017
Page 66
Process 1: Referral Through IEP Implementation
Table of ContentsTable of ContentsTable of Contents
NOTIC
E AND ELIGIBILITY DECISION REGARDING
SPECIAL EDUCATION SERVICES
(Eligibility Decision)
Purpose(s) of this form:
•
To document that the eligibility decision was determined based on the evaluation information.
•
To indicate the student meets AAC criteria for the suspected area(s) of disability.
•
To indicate an adverse effect on the student’s educational performance.
•
To indicate that the student requires specially designed instruction to access and participate in the general
education curriculum.
•
To document the eligibility decision and area of disability with an explanation (i.e., to document when
one of the options for the first reevaluation for ED is being used).
•
To document eligibility criteria for MD has been met in two or more areas and is documented in the
eligibility report under Area of Disability.
•
To document that lack of appropriate instruction in math or reading or limited English proficiency was/was
not the determining factor(s) in the eligibility decision. This must also be documented on the eligibility report
under Prong l.
•
To document a description of other options considered. This section must be completed.
•
To document whether an IEP Team or Eligibility Committee was used.
•
To document that the required IEP Team or Eligibility Committee members attended and participated in a
meeting to determine eligibility. The LEA plan specifies whether an IEP Team or Eligibility Committee
is used to determine eligibility. Implement the plan accordingly.
•
To document IEP Team or Eligibility Committee members agreement/disagreement with the eligibility
decision.
Things to remember when completing this page:
•
Under the section to Complete for all students, determine whether the lack of appropriate instruction in
math or reading or the student’s limited English proficiency was the
determining factor in the
eligibility decision. Check “yes” or “no” in the appropriate box. If the decision is the student is eligible,
the answer to the question should be NO. If YES is checked, the student should not be determined
eligible because the lack of appropriate instruction in reading, math or LEP may not be
the
determining factor in the decision. Include data on the eligibility report to support this decision.
•
Under the section to Complete for all students, the answer to each question should be YES if the
student is determined to be eligible for special education services. Each definition in the AAC states that
the student’s disability must have an adverse effect on educational performance and that the student is in
need of special education and related services. If NO is checked for any of the three questions, the
student will not be eligible to receive special education services because the student does not meet the
AAC criteria/the definition of a child with a disability in the federal regulations.
•
Check the IEP Team’s or Eligibility Committee’s decision regarding eligibility.
•
Indicate the area of disability. Do not list secondary disability areas.
•
If the student is eligible for MD, specify the two or more disabilities in the Explanation section. The
student must meet eligibility criteria in both or all disability areas.
•
A description of other options that were considered must be listed with the reasons they were rejected.
•
IEP Team or Eligibility Committee members participating in the meeting must sign this page.
•
If an IEP Team member or Eligibility Committee participant is serving in two positions at the
eligibility 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.
•
Each person attending the eligibility meeting must sign the last page either in the I AGREE or I
DO NOT AGREE section.
Page 67
Process 1: Referral Through IEP Implementation
NOTICE AND ELIGIBILITY DECISION REGARDING
SPECIAL EDUCATION SERVICES
(Eligibility Decision Continued)
•
Type in the name of each IEP Team member or Eligibility Committee participant on the signature line
when completing the form in SETS. Maintain a printed copy with original signatures on file.
•
If a signature appears in the I DO NOT AGREE section, a statement should be attached to the eligibility
report indicating why the person does not agree with the eligibility decision.
•
The name of the contact person should be indicated at the bottom of the page as well as the signature of an
agency official.
What happens next:
•
If the student is eligible, the IEP Team must meet within 30-calendar days of the initial eligibility
determination to develop the IEP.
•
If a student is not eligible, refer the student to the PST.
•
Provide parent a copy of the Notice and Eligibility Decision Regarding Special Education Services form
regardless of the eligibility decision.
Page 68
Process 1: Referral Through IEP Implementation
NOTICE AND CONSENT FOR THE PROVISION OF
SPECIAL EDUCATION SERVICES
The LEA/agency requests your consent to provide special education services for:
STUDENT’S NAME:
Basis
for
decision:
Description of other options considered and why the options were rejected:
The following evaluation procedures, assessments, records, and/or reports were used in making the decision:
[
]
Vision [ ] Observation [ ] Developmental Scales [ ] Other Agency Information
[
]
Hea
r
ing [ ] Speec
h
/Language [ ] Wo
r
kSa
m
ples [ ] Sta
t
e Assess
m
ents
[
]
Intellectual [ ] Moto
r
[ ] Discipline Reco
r
ds [ ] Othe
r
[
]
Achieve
m
en
t
[ ] Inte
r
view [ ] Attendance Reports [ ] Othe
r
[
]
Behavio
r
[ ] G
r
ades [ ] Medical Records [ ] Othe
r
The LEA/agency must obtain your consent prior to providing any special education services to your child. If you refuse
consent for the provision of services or fail to respond to a request to give consent, the LEA/agency shall not be in violation
of the requirement to make a free appropriate public education available to your child.
PLEASE CHECK ONE OF THE FOLLOWING BOXES, SI
GN, AND DATE THE FORM.
[ ] I GIVE PERMISSION for the school system to provide special education services
[ ] I DO NOT GIVE PERMISSION for the school system to provide special education services. Please explain.
Signature of Parent or Student (Age 19) Date of Signature
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:
Name:
at
Telephone:
Please return this form to:
Address
Signature of Education Agency Official
Date Provided/Sent
Results of 1
st
Attempt:
2
nd
Attempt Date Action
Results of 2
nd
Attempt:
ALSDE approved Feb. 2014
Page 69
Process 1: Referral Through IEP Implementation
Table of ContentsTable of ContentsTable of Contents
Purpose(s) of this form:
•
To obtain consent from the parent or student (age 19 and older) for the provision of special education
services.
•
To document dates and results of attempts to obtain consent for the provision of special education services.
When to use this form:
•
This form is completed only after initial eligibility has been determined.
•
This form may be completed any time after initial eligibility determination, but must be completed
before the IEP can be implemented.
•
This form may be completed after the initial IEP has been developed, but must be completed prior to
the initiation of special education and related services if it was not obtained previously.
Things to remember when completing this form:
•
Complete all portions of this form.
•
Type in the name of the parent or student (age 19 and older) on the signature line when completing the
form in SETS. Type in the name of the person signing as the education agency official in the spaces
provided when completing the form in SETS. Maintain a printed copy with original signatures on file.
•
Record the date that the notice was provided/sent and results. If there is no response to the first notice,
a second contact must be made and the date of the contact recorded on this form. The action and results
of the second contact should be documented.
•
Document any additional contacts and resolution of attempts to obtain consent for the provision of
services on this form.
•
If the parent refuses to provide consent, the process stops.
What happens next:
•
If the parent or student (age 19 and older) checks I GIVE PERMISSION, the IEP Team may proceed
with the development/implementation of the IEP.
•
If the parent or student (age 19 and older) checks I DO NOT GIVE PERMISSION, the public agency
may request that the parent or student (age 19 and older) participate in a conference to discuss his/her
decision. However, if the parent or student (age 19 and older) does not give permission, the public
agency no longer has the right to request due process. Special education services may not be provided
to students without the parent’s or student’s (age 19 and older) knowledge and informed consent.
•
A parent or student (age 19 and older) has the right to revoke consent for the continued provision of
special education and related services. In order for services to stop, the parent or student (age 19 and
older) must complete the Notice of Revocation of Consent for Continued Provision of Special Education
and Related Services form and the public agency must provide the Notice of Proposal or Refusal to
Take Action.
NOTICE AND CONSENT FOR THE PROVISION OF
SPECIAL EDUCATION SERVICES
Page 70
Process 1: Referral Through IEP Implementation
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 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).
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Process 1: Referral Through IEP Implementation
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 9th 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.”
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Process 1: Referral Through IEP Implementation
INDIVIDUALIZED EDUCATION PROGRAM PROFIL
E
(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 and any proposals or refusals to initiate or change the identification, evaluation,
placement and/or the provision of a FAPE.
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.
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Process 1: Referral Through IEP Implementation
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).
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Process 1: Referral Through IEP Implementation
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.
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Process 1: Referral Through IEP Implementation
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 9th 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.
BUS ASSISTANCE:
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.
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Process 1: Referral Through IEP Implementation
INDIVIDUALIZED EDUCATION PRO
GRAM
(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 may not have a shortened school day due to transportation or o
ther
administrative conveniences.
A
guide fo
r c
ompleting
t
h
e 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 qualified” to 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.
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Process 1: Referral Through IEP Implementation
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)
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Process 1: Referral Through IEP Implementation
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 services 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.
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Process 1: Referral Through IEP Implementation
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 80
Process 1: Referral Through IEP Implementation
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 pre
pared 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 graduation re
quirements 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 particip
ate 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-limited support will b
e prepared to participate in community activities and live
independently based on independent living skill level achieved and identification of community/living
options
and support options.
• Student will be prepared to participate in community
activities and live semi-independently with ongoing
infrequent support based on independent living skill level achieved, identification
of
options, and/or
application
for adult services.
•
Student will
be
prepared
to
live
in a
group
home or
other supported environment with full-time support
based
on
independent
living skill level
achieved
and
application
for adult services.
• Student will be prepared to live with parents
, guardian, or relatives based on parental preference and
independent
living skill level achieved.
•
Other:
Write an
appropriate
goal for the
student
based on the
needed Transition
Services.
Page 81
Process 1: Referral Through IEP Implementation
INDIVIDUALIZED EDUCATION PROGRAM TRANSITION
(Continued)
MIDDLE SCHOOL COURSE OF STUDY:
• Check “This student is in a middle school course of study that will help prepare him/her for
transition” for students who are 16 years old and older in middle school, or for younger students, if the
IEP Team has determined that transition will
be addressed for the student. (Do not check the middle
school course of study box if transition will not be addressed for the student).
ANTICIPATED DATE OF EXIT: (Complete for students in Grades 9-12)
• Identify the month and year the student is expected to exit high school.
• Students who have not earned an Alabama High School Diploma and who have not reached their
21st
birthday by August 1 are entitled to receive services up to age 21. A student who turns 21 on or
after August 1st are entitled to complete the school year.
• Students that turn 21 before August 1st are not entitled to services the following school
year.
SELECTED P
ATHWAY TO THE ALABAMA HIGH SCHOOL DIPLOMA: (Complete for
students in Grades 9-12)
• This section must be completed prior to entering 9th grade. The focus will be on the coursework
taken that necessitates a clearly articulated and individualized four-year high school plan built
for each student based on the results from the ACAP summative, PreACT, ACT with writing, ACT
WorkKeys, academic and career interest assessment and middle school coursework.
• Identify and select the highest most appropriate pathway leading to the Alabama High School Diploma.
• It is very important to annually review the student’s coursework and selected pathway to ensure the
student will achieve the desired post school outcomes.
PROGRAM CREDITS TO BE EARNED:
(Complete for students in Grades 9-12—Record
current year only
): IEP Teams should determine the appropriate coursework/pathway that will
lead to the
Alabama High School Diploma to meet individual post
-schoo
l outcomes.
• All courses should be coded based on the program credit to be earned.
• Accommodations lessen the impact of the student’s disability in the teaching/learning environment in
order to level the playing field but do not change the content of the standard. When accommodations
are made for the student with disabilities, the content has not been altered and the student can earn
course credit.
• Modifications are changes made to the content of the curriculum due to the unique needs arising from
the student’s disability. When course content is modified, the student is not pursuing the content
prescribed in the applicable course of study and cannot earn course credit.
• Students who participate in a graduation ceremony but return to school until age 21 should continue to
work toward earning course credit. These students might be working toward fewer credits and there
might be less variety in the subjects, but they should still be working toward credits.
• Indicate the Total Number of Electives.
Page 82
Process 1: Referral Through IEP Implementation
INDIVIDUALIZED EDUCATION PROGRAM
ANNUAL TRANSITION GOAL(S)
STUDENT’S NAME:
DOB:
PRESENT LEVEL OF ACADEMIC ACHIEVEMENT AND FUNCTIONAL PERFORMANCE:
Based on the student’s strengths, preferences, interests, and needs related to the postsecondary goals (include a description
of age-appropriate transition assessments).
(Link to Transition Standards)
MEASURABLE ANNUAL POSTSECONDARY TRANSITION GOALS:
Academic areas may be written separately or embedded within the transition goal. Address transition services, activities,
and person(s)/agency involved for each goal area. (If more than one goal is needed in any one goal area below, additional
goal pages can be added.)
Postsecondary Education/Training Goal:
Date of Completion/Mastery:
*Transition Service(s):
Transition Activities:
(Enter a numbered list of all activities to assist the student in achieving his/her long-term Postsecondary
Education/Training goal.)
1.
2.
Person(s)/Agency Involved:
Employment/Occupation/Career Goal:
Date of Completion/Mastery:
*Transition Service(s):
Transition Activities:
(Enter a numbered list of all activities to assist the student in achieving his/her long-term Employment/Occupation/Career
goal.)
1.
2.
Person(s)/Agency Involved:
Community/Independent Living Goal:
Date of Completion/Mastery:
*Transition Service(s):
Transition Activities:
(Enter a numbered list of all activities to assist the student in achieving his/her long-term Community/Independent Living
goal.)
1.
2.
Person(s)/Agency Involved:
*Transition Services: Consider these service areas:
Vocational Evaluations (VE), Community Experiences (CE), Personal Management (PM), Transportation (T), Employment
Development (ED), Medical (M), Postsecondary Education (PE), Living Arrangements (LA), Linkages to Agencies (LTA),
Advocacy/Guardianship (AG), Financial Management (FM), and if appropriate, Functional Vocational Evaluation (FVE).
Page 83
Process 1: Referral Through IEP Implementation
INDIVIDUALIZED EDUCATION PROGRAM ANNUAL
TRANSITION GOAL(S)
Purpose(s) of this page:
•
To document the required components of the IEP for the ANNUAL TRANSITION GOAL(S).
•
A statement of the student’s PRESENT LEVEL OF ACADEMIC ACHIEVEMENT AND
FUNCTIONAL PERFORMANCE based on the student’s strengths, preferences, interests, and needs
related to the annual postsecondary goals (include a description of the Age-Appropriate Transition
Assessment).
The PRESENT LEVEL OF ACADEMIC ACHIEVE
MENT AND FUNCTIONAL PERFORMANCE must
be linked to the Transition Standards.
•
To document a statement of the MEASURABLE ANNUAL POSTSECONDARY TRANSITON
GOAL developed for Postsecondary Education/Training, Employment/Occupation/Career, and
Community/Independent Living.
DATE OF COMPLETION/MASTERY
•
To document the mastery/completion of GOAL(s) developed for Postsecondary Education/Training,
Employment/Occupation/Career, and Community/Independent Living.
TRANSITION SERVICES
•
To document Transition Service(s) selected for each measurable annual postsecondary transition goal.
TRANSITION ACTIVITY(S)
•
To document Transition Activities to assist the student in achieving Postsecondary Education/Training,
Employment/Occupation/Career, and Community/Independent Living Measurable Annual Goals.
•
Transition activities must list specific steps the student must take to achieve his/her Measurable Annual
Postsecondary Transition Goal.
•
A minimum of two transition activities must be written to address each of the measurable annual transition
goals in the areas of Postsecondary Education/Training, Employment/Occupation/Career, and Community/
Independent Living.
When to use this page:
•
To document MEASURABLE ANNUAL Postsecondary Education/Training, Employment/Occupation/
Career, and Community/Independent Living TRANSITION GOAL(s) that the IEP Team addresses.
•
To document DATE OF COMPLETION/MASTERY OF MEASURABLE ANNUAL
POSTSECONDARY TRANSITION GOAL(S).
•
To revise/change transition goal(s).
•
To determine Transition services based on the student’s strengths, preferences, and interests that
will reasonably enable the student to meet the postsecondary goals addressed on the transition goal page in
this IEP.
•
To document Transition Activities to assist the student in achieving Postsecondary Education/Training,
Employment/Occupation/Career, and Community/Independent Living Measurable Annual
Postsecondary Transition Goals.
Things to remember when completing this page:
•
It is important to remember that each student’s MEASURABLE ANNUAL Postsecondary Education/
Training, Employment/Occupation/Career, and Community/Independent Living TRANSITION
GOAL(S) should be based on relevant content transition standards and must be individualized.
•
The Alabama Transition Standards are intended to be used as a guidepost from which to plan each student’s
growth during the IEP annual cycle.
•
Annual Transition goals are based on transition standards listed in the Alabama Transition Standards.
All transition goal(s) must reference a standard.
•
Transition goals that have embedded academic goals must reference the content standard.
•
Transition activities must list specific steps the student must take to achieve his/her long-term Postsecondary
Education/Training goal.
Page 84
Process 1: Referral Through IEP Implementation
INDIVIDUALIZED EDUCATION PROGRAM ANNUAL TRANSITION GOAL(S)
(Continued)
PRESENT L
EVEL OF ACADEMIC ACHIEVEMENT AND FUNCTIONAL PERFORMANCE:
•
Based on the student’s strengths, preference, interests and needs related to the postsecondary goal. The
Present Level of Academic Achievement and Functional Performance must include a description of the Age-
Appropriate Transition Assessments.
•
Information should be stated in a readily understandable way that is precise enough to understand what the
student can do and in relation to what the student should be able to do in each area of transition.
•
There must be a direct relationship between the PRESENT LEVEL OF ACADEMIC ACHIEVEMENT
AND FUNCTIONAL PERFORMANCE for Transition and other components of the IEP, such as a
MEASURABLE ANNUAL GOAL, and SPECIAL EDUCATION AND RELATED SERVICE(S).
MEASURABLE ANNUAL POSTSECO
NDARY TRANSITION GOAL:
•
Targets the individual needs of the student based on the student’s Strengths, Preference, Interests, and
Needs related to the long-term postsecondary goals.
•
Describes what a student can reasonably be expected to accomplish within one school year.
•
Addresses the needs written in the PRESENT LEVEL OF ACADEMIC ACHIEVEMENT AND
FUNCTIONAL PERFORMANCE.
•
Are measurable to the extent that they can be used to monitor the student’s progress and assess the
appropriateness of the special education services.
•
Each IEP must be individualized based on the student’s strengths, preferences, interests, and needs. Copying
and pasting standards into the goal is not individualized and places the LEA in a very vulnerable litigious
situation. The IEP must be written to provide educational benefit.
•
An annual goal may address more than one Transition Service.
•
All Transition Services selected on the transition page of the IEP must be supported through an annual goal.
Each Transition Service is selected under more than one Transition Strand must be supported through a
Measurable Annual Goal.
TRANSITIO
N SERVICES: (Select the most appropriate Transition Service area[s])
•
Vocational Evaluations (VE) - This service area will address the individual’s potential for employment
through assessment(s) that provide information about job and career interests, skills, and aptitudes.
Information gathered through the assessment(s) can identify the individualized level of support needed to gain
potential employment (e.g., no special services, time-limit supports, and on-going supports). It will also
provide information for career planning and development.
•
Community Experiences (CE) - This service area will address activities/services that are provided outside
the school building and prepare the student for participation in community life. These community-based
experiences provide opportunities to engage in integrated activities in typical environments. Through these
experiences, students may also learn how to access community resources (e.g., after school jobs, use of public
library, community recreational activities) to achieve his or her projected post-school outcomes. Community
based instruction provide students with the opportunity to practice skills in the setting in which they will be
expected to perform them. Transportation must be provided by the LEA.
•
Personal Management (PM) - This service area will address and provide instruction in managing personal
responsibilities and activities in adult areas such as: home and family life, leisure pursuits, community
engagement, physical and emotional well-being, personal responsibility, communication and education,
employment and training.
•
Transportation (T) - This service area will address the academic and functional competencies to interact and
travel within and outside the community.
•
Employment Development (ED) - This service area will focus on the development of work-related behavior,
job seeking, and maintenance skills, career exploration (e.g., labor market resources, job application process,
résumé), and actual employment (e.g., work-related forms and documents). This information provides
guidance towards employment options (e.g., competitive employment, customized employment, or supported
employment).
•
Medical (M) - This service area will address the academic and functional competencies needed to maintain a
full range of physical, emotional, and psychological well-being of an individual.
Page 85
Process 1: Referral Through IEP Implementation
INDIVIDUALIZED EDUCATION
PROGRAM ANNUAL TRANSITION GOAL(S)
(Continued)
•
Postsecondary Education (PE) - This service area will include opportunities for preparation of individuals
who plan to pursue postsecondary education/training after high school. This involves considerations of
courses needed to meet further training of post-school training requirements, research potential colleges,
universities, or technical schools and provide assistance with the application process.
•
Living Arrangements (LA) - This service area will address adult living outcomes. These are generally those
activities related to pursuing an individual’s desired community/independent living goal (e.g., independently,
time-limited support, semi-independently with ongoing infrequent support, group home, or supported
environment with full-time support and live with parents, guardians, relatives).
•
Linkages to Agencies (LTA) - This service area will address the coordination and collaboration between the
school and community service providers who offer transition services which assist with facilitating the
student’s movement from school to post-school activities.
•
Advocacy/Guardianship (AG) - This service area will address student’s rights (e.g., age of majority,
informed consent); responsibility (e.g., student involvement); self-knowledge (e.g., disability awareness);
and
self-advocacy (e.g., strengths, preferences, and interests).
•
Financial Management (FM) - This service area will address competencies such as budgeting, paying bills,
balancing a checkbook, and spending money.
•
Functional Vocational Evaluation (FVE) - This area will address a more comprehensive approach to
assessing an individual’s potential for employment through assessment(s) that provide(s) information about
job and career interests, skills, and aptitudes (e.g., situational work assessments, work samples, job trials).
TRANSITION ACTIVITIES:
•
Transition planning is a coordinated set of activities focused on improving the academic and functional
achievement of a student with a disability to promote the student's movement from school to postsecondary
activities.
•
Postsecondary activities can include college, vocational training, employment, continuing and adult
education, adult services, independent living, or community participation.
•
Transition activities are based upon the individual student's needs, taking into account the student's
preferences, potential, abilities, and interests.
•
Transition activities include instruction, community experiences, the development of employment and other
postsecondary adult living objectives, and acquisition of daily living skills and functional vocational skills.
•
Transition activities are checkpoints along the path towards mastery of each
Measurable Annual
Postsecondary
Transition Goal.
•
Transition activities should be linked to the Measurable Annual Postsecondary Transition Goals.
•
At least two transition activities are needed for each Measurable Annual Postsecondary Transition Goal.
PERSONS/AGENCIES INVOL
VED:
•
Specify personnel involved with the transition activities for each Measurable Annual Postsecondary
Transition Goal. These individuals should assist the student in achieving their Measurable Annual
Postsecondary Transition Goal.
•
The Persons Responsible for IEP Implementation form should be used to document persons/agencies who are
responsible for assisting the student in achieving the transition activities.
What happens next:
•
Annually review the student’s coursework and selected pathway to ensure the student will achieve desired
post-school outcomes.
•
Annually review Transition Assessment information, progress towards goals and the Transition Services
and revise as necessary.
•
The Summary of Academic Achievement and Functional Performance (SAAFP) must be completed for every
student that exits with a high school diploma, or who will be exceeding the age of eligibility for FAPE.
•
Special Education Services strongly encourages public agencies to complete the SAAFP for all other students
exiting high school.
Page 86
Process 1: Referral Through IEP Implementation
Page of ALSDE Approved Feb. 2019
INDIVIDUALIZED EDUCATION PROGRAM
STUDENT’S NAME: DOB:
Identify the area the MEASURABLE ANNUAL GOAL will address. The area may be a core academic content area
(e.g., math, science) and/or a functional area (e.g., community participation, communication, self-determination,
behavior).
AREA:
State how the student’s disability affects his/her involvement and progress in the general education curriculum for
this particular area of instruction, or for preschool age students, how the disability affects the student’s participation in
age-appropriate activities.
(Link to Curriculum Guides) (Link to Alternate Achievement Standards)
MEASURABLE ANNUAL GOAL related to meeting the student’s needs:
Target the individual needs of the student resulting from the student’s disability and how the student’s disability affects
his/her involvement and progress in the general education curriculum. Describe what a student can reasonably be expected
to accomplish within one school year.
DATE OF MASTERY:
TYPE(S) OF EVALUATION FOR ANNUAL GOAL:
Check each type of evaluation that will be used to evaluate the MEASURABLE ANNUAL GOAL. (At least one must
be chosen.)
[ ] Curriculum Based Assessment [ ] Teacher/Text Test [ ] Teacher Observation [ ] Grades
[ ] Data Collection [ ] State Assessment(s) [ ] Work Samples
[ ] Other:
[ ] Other:
BENCHMARKS:
I
n
cl
ude
a
t
least
t
wo
B
e
n
chm
a
rks
f
o
r
st
u
d
en
t
s
w
orking
on
Alternate
A
chievement
Standards
or
f
or
s
tu
den
t
s
in
p
u
b
l
i
c
ag
en
ci
e
s
t
ha
t
r
e
qu
i
r
e
B
e
nchm
a
r
ks
.
B
enchm
a
r
k
s
ar
e
r
e
qu
i
r
ed
f
or al
l
s
t
u
d
e
n
t
s
working on Alternate Achievement Standards.
T
h
is i
n
cludes acade
m
ic
g
oals and functional
g
oals,
r
e
g
a
r
dless of whethe
r
i
t
is a testin
g
y
ea
r
.
1.
Date of Master
y
:
2. Date of Master
y
:
3. Date of Master
y
:
4. Date of Master
y
:
PRESENT LEVEL OF ACADEMIC ACHIEVEMENT AND FUNCTIONAL PERFORMANCE:
Page 87
Process 1: Referral Through IEP Implementation
INDIVIDUALIZED EDUCATION PROGRAM
MEASURABLE ANNUAL GOAL PAGE
Purpose(s) of this page:
•
To document the AREA for which the MEASURABLE ANNUAL GOAL is written.
•
To document a statement of the student’s PRESENT LEVEL OF ACADEMIC ACHIEVEMENT
AND FUNCTIONAL PERFORMANCE in relation to the AREA.
•
To document a statement of the MEASURABLE ANNUAL GOAL.
•
To document TYPE(S) OF EVALUATION(S) FOR ANNUAL GOAL.
•
To document DATE OF MASTERY.
•
To document BENCHMARKS for all students being assessed by the AAA.
When to use this page:
•
Use this page for the initial IEP, each annual IEP, and if necessary when making amendments to the
IEP.
•
Use this page for MEASURABLE ANNUAL GOAL(s) that the IEP Team addresses and to document
DATE OF MASTERY OF MEASURABLE ANNUAL GOAL and, if appropriate,
BENCHMARKS.
•
Use this page any time goal(s), and/or benchmarks, are revised/changed.
Things to remember when completing this page:
•
The IEP Team should determine and prioritize the students’ needs for special education services.
•
Academic goals are based on content standards listed in the College- and Career-Ready Standards and
the Alabama Course of Study; academic goals for students with significant cognitive disabilities are
based on Alabama Alternate Achievement Standards. Goals for preschool students ages three through
five (who are not in Kindergarten) are based on the Alabama Developmental Standards for Preschool
Children.
•
Each IEP must be individualized based on the student’s needs. Copying and pasting standards into the
goal is not individualized and places the LEA in a very vulnerable litigious situation. The IEP must be
written to address the student’s unique needs and to provide educational benefit within one year or the
length of the IEP.
AREA:
•
Identify the AREA the MEASUREABLE ANNUAL GOAL will address. The AREA may be an
academic
AREA (e.g., math, science), or a functional AREA (e.g., community participation, behavior).
•
For all students participating in the Alabama Alternate Assessment Program, the following content
areas must be addressed: English language arts, math, and functional skills.
PRESENT LEVEL OF ACADEMIC ACHIEVEMENT AND FUNCTIONAL PERFORMANCE:
•
State how the student’s disability affects his/her involvement and progress in the general education
curriculum for that particular AREA of instruction, or for preschool students, how the disability affects
the student’s participation in age-appropriate activities.
•
Information should be stated in a readily understandable way that is precise enough to understand what
the student can do and in relation to what the student should be able to do in that AREA of instruction.
•
There must be a direct relationship between the AREA, the PRESENT LEVEL OF ACADEMIC
ACHIEVEMENT AND FUNCTIONAL PERFORMANCE and other components of the IEP, such
as a MEASURABLE ANNUAL GOAL and BENCHMARKS, and SPECIAL EDUCATION AND
RELATED SERVICE(S).
Page 88
Process 1: Referral Through IEP Implementation
INDIVIDUALIZED EDUCATION PROGRAM
MEASURABLE ANNUAL GOAL PAGE
(Continued)
MEASURABLE ANNUAL GOAL:
•
Identify the area the MEASURABLE ANNUAL GOAL will address. The area may be core academic
content area (e.g., math, science) and/or a functional area (e.g., community participation,
communication, self-determination, behavior). For all students participating in the Alabama Alternate
Assessment Program, measurable annual goals must be written for English language arts, math,
and functional skills.
•
Targets the individual needs of the student resulting from the student’s disability and how the student’s
disability affects his/her involvement and progress in the general education curriculum. Specially
designed instruction should address the unique needs of a student.
•
Describes what a student can reasonably be expected to accomplish within one school year.
•
Addresses the needs written in the PRESENT LEVEL OF ACADEMIC ACHIEVEMENT AND
FUNCTIONAL PERFORMANCE.
•
Are measurable to the extent that they can be used to monitor the student’s progress and assess the
appropriateness of the special education services.
•
Additional information on Standard-Based IEPs can be found on the special education Web page under
Technical Assistance/IEP/Presentations.
TYPE(S) OF EVALUATION(S) FOR ANNUAL GOAL:
•
Check each type of evaluation that will be used to evaluate the MEASURABLE ANNUAL GOAL.
At least one must be chosen.
•
If Other is checked, describe in the space provided. Evaluations listed on the IEP used to measure
progress toward attaining the MEASUREABLE ANNUAL GOAL do not require parental consent.
DATE OF MASTERY:
•
Record the actual dates that the student masters the MEASURABLE ANNUAL GOAL and
BENCHMARKS.
BENCHMARKS:
•
Include at least two BENCHMARKS for students working on Alternate Achievement Standards.
•
BENCHMARKS are required for all goals for students who follow/or being instructed with the AAS.
This includes academic goals (reading and math) and functional goals, regardless of whether it is a
testing year.
•
BENCHMARKS must be included if required by the public agency.
•
If BENCHMARKS are written they must contain the following:
o
Content to be learned or skills to be performed.
o
Measurable, intermediate steps or targeted sub skills between the PRESENT LEVEL OF
ACADEMIC ACHIEVEMENT AND FUNCTIONAL PERFORMANCE and the
MEASURABLE ANNUAL GOAL.
o
There must be at least two benchmarks per goal.
What happens next:
•
Data must be maintained on each MEASURABLE ANNUAL GOAL to evaluate whether services are
providing educational benefit. Date of Mastery should be noted when MEASURABLE ANNUAL
GOALS and/or BENCHMARKS are mastered.
Page 89
Process 1: Referral Through IEP Implementation
INDIVIDUALIZED EDUCATION PROGRAM
STUDENT’S NAME:
DOB:
SPECIAL EDUCATION AND RELATED SERVICE(S): (Special Education, Supplementary Aids and Services,
Program Modifications, Accommodations Needed for Assessments, Related Services, Assistive Technology, and
Support for Personnel.)
Special Education
Service(s)
Anticipated
Frequency of
Service(s)
Amount
of time
Beginning/Ending
Duration Dates
Location of Service(s)
to
to
Related Services
[ ] Needed
[ ] Not Needed
Service(s)
Anticipated
Frequency of
Service(s)
Amount
of time
Beginning/Ending
Duration Dates
Location of Service(s)
to
to
Supplementary Aids and Services
[ ] Needed
[ ] Not Needed
Service(s)
Anticipated
Frequency of
Service(s)
Amount
of time
Beginning/Ending
Duration Dates
Location of Service(s)
to
to
Program Modifications
[ ] Needed
[ ] Not Needed
Service(s)
Anticipated
Frequency of
Service(s)
Amount
of time
Beginning/Ending
Duration Dates
Location of Service(s)
to
to
Accommodations Needed for
Assessments
[ ] Needed
[ ] Not Needed
Service(s)
Anticipated
Frequency of
Service(s)
Amount
of time
Beginning/Ending
Duration Dates
Location of Service(s)
to
to
Assistive Technology
[ ] Needed
[ ] Not Needed
Service(s)
Anticipated
Frequency of
Service(s)
Amount
of time
Beginning/Ending
Duration Dates
Location of Service(s)
to
to
Support for Personnel
[ ] Needed
[ ] Not Needed
Service(s)
Anticipated
Frequency of
Service(s)
Amount of
time
Beginning/Ending
Duration Dates
Location of Service(s)
to
to
Page 90
Process 1: Referral Through IEP Implementation
INDIVIDUALIZED EDUCATION PROGRAM
SPECIAL EDUCATION AND RELATED SERVICE(S) PAGE
SPECIAL EDUCATION AND RELATED SERVICE(S):
Please note:
Under Special Education describe the specially designed instruction that will be provided for each area
that is listed in the IEP. (Specially designed instruction is what the IEP Team has determined will assist the
student in attaining the goals). Location must be completed for each service.
Anticipated Frequency of Service(s) is how often the service(s) will be provided (e.g., annual, bi-monthly,
weekly, and daily) and Amount of Time should be documented. The Amount of Time is required for Special
Education and Related Services. If the Location of Service and the Anticipated Frequency of Service is the
same for more than one area, the Amount of Time may be written as the cumulative Amount of Time for all
areas. For some services (i.e. testing accommodations) it is difficult to determine the exact Amount of Time;
therefore, the service itself should be self- explanatory. For example: When tested, the student will have the test
read to him/her. More importantly, all IEP Team members should understand what services will be provided and
ensure that the services are documented and implemented as per the IEP Team’s understanding.
Beginning/Ending Duration Dates are the start to finish of services and may be different for each area listed
and may be different from the Initiation/Duration Dates. Location of Services(s) is required and must list
the specific location where the service will be provided (e.g., regular education classroom, resource room,
school bus, lunchroom, gym). Location of Service may be different for each area listed. Location of
Services assists in determining the appropriate LRE code.
Describe the specially designed instruction that addresses the unique need(s) of the student. The SPECIAL
EDUCATION AND RELATED SERVICE(S) in the IEP must be based on peer-reviewed research, which
means there is reliable evidence that the program or services are effective. The IEP Team should have strong
evidence of the effectiveness of instructional programs and other services before proposing them in an
IEP. Peer-reviewed research also applies to nonacademic areas such as behavioral interventions. Special
Education must be completed for all students. Needed or Not Needed must be checked for all other
services on this form.
•
Special Education must be completed for all students with an IEP and is defined as adapting the content,
methodology, or delivery of instruction to address the unique needs of the student that result from his/her
disability. Services provided must ensure the child has access to the general curriculum, so that the
educational standards within the jurisdiction of the public agency, which apply to all children, can be met.
NOTE: For students whose area of disability is Speech or Language Impairment, as documented on the most
current Notice and Eligibility Decision Regarding Special Education Services form, enter Speech or Language
services in the Special Education Services section. Accommodations alone do not constitute Special
Education Services. Special Education Services must be described in the detail box in a manner
that all IEP Team members understand.
•
Related Services should include services necessary for the student to benefit from Special Education.
When addressed, related services must be written in detail. Examples of Related Services include
audiology services, counseling services, including rehabilitation counseling services, early identification
and assessment of disabilities in children, interpreting services, medical services (for diagnostic or
evaluation purposes only), occupational therapy, parent counseling and training, physical therapy,
psychological services, recreation, including therapeutic recreation, speech-language pathology (as an
additional service), social work services in schools, school nurse services, school health services, and
orientation and mobility services. Related services do not include a medical device that is surgically
implanted, the optimization of that device’s functioning (e.g., mapping), maintenance of that device, or
the replacement of that device.
Page 91
Process 1: Referral Through IEP Implementation
INDIVIDUALIZED EDUCATION PROGRAM
SPECIAL EDUCATION AND RELATED SERVICE(S) PAGE
(Continued)
•
Supplementary Aids and Services should include accommodations that consist of aids, services, and
other supports that are provided in regular education classes or other education-related settings to
enable a student with a disability to be educated with nondisabled students to the maximum extent
appropriate in accordance with their least restrictive environment. Examples include tutoring, adult
assistance, note-taking, peer helper, preteaching/reteaching or reinforcing concepts, behavior
management plan, point sheet, assigned seating, etc. When accommodations are made for the student
with disabilities, the content standards are the same and the student can earn course credits. This section
should not include accommodations for classroom, district-wide, or state assessments.
•
Program Modifications should include changes made to the content of the curriculum due to the
unique needs arising from the student’s disability. When course content is modified, the student is not
pursuing the content prescribed in the applicable course of study and cannot earn course credit.
•
Accommodations Needed for Assessments should be completed for all students taking classroom and
district-wide assessments. The only accommodations that are allowed for state assessments are
those accommodations that are listed on the “IEP Accommodations Checklist.” There must be
documentation that the same or similar accommodations needed for state and district-wide
assessments are provided on an on-going basis for classroom assessments that students take throughout
the school year. Examples of Accommodations Needed for Assessments include additional time for
tasks, organizational aids, highlighter, mnemonics, adapting assignments/tasks, reformatting
assessments, audio tapes, large print books, Braille, calculators, word processor, special seating,
etc. Record all accommodations the student needs for assessments regardless of whether the
accommodations are allowed on state assessments.
•
Assistive Technology should include any device(s) and/or service(s) needed that is used to increase,
maintain, or improve the functional capabilities of a child with a disability. Examples include voice
output devices, word processors, electronic books, talking calculators, alternate computer keyboards,
switches, adapted chair, sidelyer, stander, screen magnifier, FM system, adaptive sporting equipment,
walker, etc. Assistive Technology does not include a medical device that is surgically implanted, or
the replacement of such device.
•
Support for Personnel should include any training or support provided to public agency staff regarding
the student’s specific need(s). Examples include the training on a specific syndrome or technique,
training on an assistive technology device, content-area workshop, etc.
If the IEP Team determ
ines that there is no need for specially designed instruction and/or the student
can work successfully in the regular education environment without specially designed instruction,
the IEP Team should discuss the need for reevaluation to determine if this student continues to be a
student in need of special education services.
Page 92
Process 1: Referral Through IEP Implementation
FOR
STATE TESTING
FORMS
To access
State Testing
Forms
Follow
this link: http://www.alsde.edu/sec/sa/Pages/specialpopulations-all.aspx
OR
GO TO: www.alsde.edu
Click on
Department
Offices
Under Office of Evaluation and Innovation
Click on
Student Assessment: Special Populations
Click on Forms
To access the Manual:
GO TO: www.alsde.edu
Click on
Department
Offices
U nder Office of Evaluation and Innovation
Click on
Student Assessm ent: Special Populations
Click on Manuals
Click on Alabama State Department of Education Student Assessment Program Policies
and Procedures for Students of Special Populations Revised November 2016 (Special
Populations Manual)
To access the Decision Chart for annual testing:
GO TO: www.alsde.edu
Click on
Department
Offices
Under Office of Evaluation and Innovation
Click on
Student Assess ment: Special Populations
Click on Decision Charts
To access the Checklist for annual testing:
GO TO: www.alsde.edu
Click on
Department
Offices
Under Office of Evaluation and Innovation
Click on Student Assessment:
Special Populations
Click on Checklists
Page 93
Process 1: Referral Through IEP Implementation
INDIVIDUALIZED EDUCATION PROGRAM
STUDENT’S NAME:
DOB:
TRANSFER OF RIGHTS
(Beginning not later than the IEP that will be in effect when the student reaches 18 years of age.)
Date student was informed that the rights under the IDEA will transfer to him/her at the age of 19
EXTENDED SCHOOL YEAR SERVICES (ESY)
The IEP Team has considered the need for extended school year services.
[ ]
Yes
[ ]
No
LEAST RESTRICTIVE ENVIRONMENT
Does this student attend the school (or for a preschool-age student, participate in the environment) he/she would attend if
nondisabled? [ ] Yes [ ] No
If no, explain:
Does this student receive all special education services with nondisabled peers? [ ] Yes [ ] No
If no, explain (explanation may not be solely because of needed modifications in the general curriculum):
[ ] 6-21 YEARS OF AGE [ ] 3-5 YEARS OF AGE
Least Restricted Environment:
COPY OF IEP COPY OF SPECIAL EDUCATION RIGHTS
Was a copy of the IEP given to parent/student (age 19) at
the IEP Team meeting?
[ ] Yes [ ] No
Was a copy of the Special Education Rights given to
parent/student (age 19) at the IEP Team meeting?
[ ] Yes [ ] No
If no, date sent:
If no, date sent:
Date copy of amended IEP provided/sent to parent/student (age 19):
THE FOLLOWING PEOPLE ATTENDED AND PARTICIPATED IN THE MEETING TO DEVELOP THIS IEP.
INFORMATION FROM PEOPLE NOT IN ATTENDANCE
Position
Signature
Date
Parent
Parent
General Education Teacher
Special Education Teacher
LEA Representative
Someone Who Can Interpret the Instructional
Implications of the Evaluation Results
Student
Career/Technical Education Representative
Other Agency Representative
Position
Name
Date
Page 94
Process 1: Referral Through IEP Implementation
CHILD COUNT LEAST RESTRICTIVE EDUCATIONAL ENVIRONMENT CODES
CODE
MEANING
To be used for
c
hildren
6
-
21 years o
f
age only
01 100% to 80% of the Day Inside the Regular Education Environment
03 79% to 40% of the Day Inside the Regular Education Environment
04 Less Than 40% of the Day Inside the Regular Education Environment
05 Private School (Parentally Placed)
06 Separate School - Public Day School Greater Than 50% of the Day
07 Separate School - Private Day School Greater Than 50% of the Day
08
Homebound
09 Hospital
10 Public Residential School Greater Than 50% of the Day
11 Private Residential School Greater Than 50% of the Day
40 Short Term Detention (Community or Residential) or Correctional Facilities
To be used for
c
hildren
3
-
5 years o
f
age on
l
y
20 Regular Early Childhood Program At Least 10 Hrs. Per Week – Receiving Majority of Special
Education Services in the Regular Early Childhood Environment
21
Regular Early Childhood Program At Least 10 Hrs. Per Week – Receiving Majority of Special
Education Services in Other Location
22
Regular Early Childhood Program Less Than 10 Hrs. Per Week – Receiving Majority of
Special Education Services in the Regular Early Childhood Environment
23
Regular Early Childhood Program Less Than 10 Hrs. Per Wee
k – Receiving Majority of
Special Education Services in Other Location
18 Separate Class: Attending a Special Education Program--Not Attending a Regular Early
Childhood Program or Kindergarten
17 Separate School: Attending a Special Education Program--Not Attending a Regular Early
Childhood Program or Kindergarten
16 Residential Facility: Attending a Special Education Program--Not Attending a Regular Early
Childhood Program or Kindergarten
19
Service Provider Location: Not Attending a Special Education Program or a Regular Early
Childhood
Program or Kindergarten
14 Home: Not Attending a Special Education Program or a Regular Early Childhood Program
or Kindergarten
Page 95
Process 1: Referral Through IEP Implementation
Table of ContentsTable of ContentsTable of ContentsTable of Contents
INDIVIDUALIZED EDUCATION PROGRAM
SIGNATURE PAGE
Purpose(s) of this page:
•
To document Transfer of Rights.
•
To document the IEP Team has considered the need for Extended School Year services.
•
To document LEAST RESTRICTIVE ENVIRONMENT (LRE) and the explanation of any
removal from the regular education classroom/environment/nondisabled peers.
•
To document a copy of the IEP was given/sent to the parent or student (age 19 and older).
•
To document a copy of the Special Education Rights was given/sent to the parent or student
(age 19 and older).
•
To document a copy of the amended IEP was given/sent to the parent or student (age 19 and older).
•
To document all required IEP Team members participated in the development of the IEP.
•
To document the consideration of information from persons not in attendance.
When to use this page:
•
Use this page for the initial IEP, each annual review, each annual IEP, and if necessary, when making
amendments to the IEP.
Things to remember when completing this page: TRANSFER OF RIGHTS
•
Record the date the student was informed that the rights under the IDEA will transfer at the age of 19.
•
This section must be completed no later than the first IEP that will be in effect when the student reaches 18
years of age.
•
The date that the student was first informed that the rights will transfer to him/her at age 19 is the date that
should be recorded in any subsequent IEPs.
•
All notices must be sent to both the parent and the student (age 19 and older) when the student reaches the
age of majority (age 19).
EXTENDED SCHOOL YEAR SERVICES
• Extended School Year (ESY) Services: The IEP Team must consider extended school year services
annually, for the child based on the AAC 290-8-9.05(9), if ESY services are necessary, for the provision of
FAPE. The length of a program for a child with a disability may not be limited to the regular school term/year
if an interruption in educational services is likely to deny a child FAPE.
• Checking YES for the extended school year services question does not mean that services must be
provided but that services were considered. One criteria that may be considered by the child’s IEP Team
is if significant regression, caused by an interruption in educational services, renders it unlikely that the child
will regain critical skills even after an appropriate recoupment period. The type, amount, and duration of
services are an IEP Team’s decision based on date.
LRE:
The LRE must be based on the IEP, determined by the IEP Team at least annually, be as close as possible to
the student’s home, and in the school that he/she would attend if nondisabled, unless the IEP requires
some
other arrangement. A student with a disability cannot be removed from his/her age-appropriate regular
education classroom solely because of needed modifications in the general education curriculum. For
preschool students, participation in the environment they would if nondisabled may be participation in a
daycare, preschool, home, etc.
•
Check YES or NO for each statement under LRE. If NO is checked explain in the space provided st
ating
why the student is being removed from the regular education classroom. The explanation should not be
based on the disability area of the student.
Page 96
Process 1: Referral Through IEP Implementation
INDIVIDUALIZED EDUCATION PROGRAM
SIGNATURE PAGE
(Continued)
•
Remember to work through the continuum of services questions:
1. Can this student complete all course requirements in the regular education class without
accommodations?
2. If the answer to #1 is no, can the student complete all course requirements in the regular education
class with accommodations?
3. If the answer to #2 is no, explain clearly why the student should be removed from the regular
education classroom/environment/nondisabled peers.
•
Select 6-21 YEARS OF AGE or 3-5 YEARS OF AGE, then select the appropriate LRE from the
drop-down box.
•
Please refer to the Child Count Least Restrictive Educational Environment Codes located on
(Page 97)
of this document.
COPY OF IEP:
•
Check YES or NO. If NO is checked, enter the date in the space provided that a copy of the IEP was
sent to the parent or student (age 19 and older).
COPY OF SPECIAL EDUCATI
ON RIGHTS:
•
Check YES or NO. If NO is checked, enter the date in the space provided that a copy of the SPECIAL
EDUCATION RIGHTS was sent to the parent or student (age 19 and older) within the past year.
A copy of the amended IEP must be sent to the parent or student (age 19 and older) and the date the amended
IEP was sent must be recorded in the space provided.
If the parent, or student (age 19 and older), or teacher(s) has reason to suspect that the IEP needs revision, an IEP
Team meeting may be requested at any time. The public agency must conduct the IEP Team meeting within 30-
calendar days of the receipt of the request.
THE FOLLOWING PEOPLE ATTENDED AND PARTICIPATED IN THE MEETING TO DEVELOP
THIS IEP:
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.
Each student’s IEP Team must include all required IEP Team members to develop the IEP.
•
The IEP Team members who participate in the meeting must sign this page. If a person participates in the
IEP Team meeting by phone, the attendance should be documented by the person’s name on the signature
line. For example, “parent participated by phone” should be written on the signature line. Do not collect
signatures at a later date.
•
Type in the name of each IEP Team member that participated in the meeting on the individual signature line
when completing the form in SETS. Maintain the original signature page in the student’s folder.
•
If an IEP Team member is serving in two positions at the IEP Team 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.
A member of the IEP Team, (as listed in the federal regulations and AAC as required IEP Team members), 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.
Page 97
Process 1: Referral Through IEP Implementation
INDIVIDUALIZED EDUCATION PROGRAM
SIGNATURE PAGE
(Continued)
•
A member of the 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.
•
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.
•
The parent or student (age 19 and older), must agree in writing, and the public agency must consent to the
excusal.
INFORMATION FROM PEOPLE NOT IN ATTENDANCE:
If information is submitted from someone unable to attend, that person’s position, name, and date the
information was received should be recorded in the space provided.
What happens next:
•
The parent or student (age 19 and older) must be provided a copy of the IEP.
•
Implement the IEP as written.
•
School personnel who have any responsibility to implement the IEP must be informed of the specific
accommodations, modifications, and supports that must be provided for the student; must be informed of
his/her specific responsibilities related to implementing the IEP; and must have access to the IEP. The
Persons Responsible for IEP Implementation form must be signed by school personnel that have responsibility
for the implementation of the student’s IEP. If the IEP is amended or a student’s schedule changes, the
persons responsible for IEP implementation affected by the changes must be informed and new signatures
obtained.
Page 98
Process 1: Referral Through IEP Implementation
ALSDE Approved Feb. 2019
Persons Responsible for IEP Implementation
The following school personnel have access to the IEP and have been informed of their
responsibility in implementing the IEP, and of the specific accommodations, modifications, and
supports that must be provided for
(student's name)
(DOB)
for the School year.
DATE SIGNATURE POSITION
Signature and position of person responsible for informing school personnel of their responsibility.
(Signature of Person Responsible) (Position)
AAC page 529 (7)
Page 99
Process 1: Referral Through IEP Implementation
Purpose(s) of this page:
•
To document that each regular education teacher, special education teacher, case manager, related service
provider (e.g., bus driver, OT, PT, sign language interpreter, intervener) and any other service provider
who is responsible for implementation of the IEP has access to the student’s IEP.
•
To document that each teacher and service provider has been informed of his or her specific responsibilities
related to implementing the student’s IEP.
•
To document that each teacher and service provider has been informed of specific accommodations,
modifications, and supports that must be provided for the student.
•
To document that changes were made to the current IEP through an amendment process and that each teacher
and service provider has been informed of his or her specific responsibilities related to implementing the
student’s IEP.
When to use this form:
•
This form must be completed for every student who has an IEP.
•
This form may be completed at the end of an IEP Team meeting. If not completed at the IEP Team
meeting, the form should be completed immediately following the meeting or at the beginning of the
school year.
•
This form must be completed when teachers and/or service providers change to ensure that the person
now responsible for implementing the IEP has been informed of his/her responsibilities and he/she
understands access to the student’s IEP must be made available (e.g., amend the IEP, change of
schedules).
•
This form must be completed when changes are made to the current IEP.
Things to remember when completing this form:
•
Ensure every service provider and teacher is informed of his/her responsibilities for implementing the IEP.
•
Ensure every teacher and service provider understands they have access to the IEP.
o
This does not require every teacher and service provider to be provided a copy of the IEP.
o
Every teacher and/or service provider must have access to the IEP and may receive a copy of the IEP in
whole or in part that reflects their area of responsibility in implementing the IEP.
o
The IEP is a confidential record and must be protected at all times.
•
Ensure the student’s name is included in the space provided.
•
Ensure the school year is included in the space provided.
•
Ensure each person who signs this page includes the date of signature and his/her position.
•
Ensure the person responsible for informing school personnel of their responsibility signs in the space
provided.
•
All service providers who are responsible for implementation of the IEP must sign this page.
•
Type in the name of each person responsible for implementing the IEP in the space provided when
completing the form in SETS. A copy with original signatures must be kept on file.
What happens next:
•
Implement the IEP as written.
•
If the IEP is amended or a student’s schedule changes, the persons responsible for IEP implementation
affected by the changes must be informed of his/her responsibilities and new signatures obtained.
PERSONS RESPONSIBLE FOR IEP IMPLEMENTATION
(Required Form in SETS)
Page 100
Process 1: Referral Through IEP Implementation
Annual Goal Progress Report
Page of
District:
School:
Usethelegendsbelowtoevaluatethestudent’sprogresstowardtheannualgoals. The1
st
c
olumn
shouldindicatetheReportofProgressusingthenumbers1‐6. Thesecondcolumnshouldindicate
the
ExtentofProgressusingthenumbers
1
‐7.
Student Name:
Student
Number:
IEP Initiation/Duration Dates From: to
School Year: to
IEP Annual Review Date:
Date Sent:
ReportofProgressonAnnualGoals
1. Goalhasbeenmet.
2. Someprogressmade.
3. Verylittleprogressmade.
4. Noprogressmade.
5. Verylittleprogressmade.Goaladded or
deleted. (Note in comments.)
6. Transferrecord.(Seepreviousschool.)
ExtentofProgressTowardMeetingAnnualGoals
1.Goalmastered.(Enterdateincomments.)
2. Anticipatemastery.
3. Donotanticipatemastery.(Noteincomments.)
4.Notapplicableduringthisgradingperiod. NA
5.Goalnotmastered.(Noteincomments.)
6. Transferrecord(Seepreviousschool.)
7.Excessiveabsences/tardies/truancy
Measurable
Annual
Goals
Goal:
Date Progress Extent Comments
Goal:
Date Progress Extent Comments
Goal:
Date Progress Extent Comments
Goal:
Date Progress Extent Comments
Special Educa
tion Teacher / Case Manager Na
me:
Telephone Number:
Pa
rent / Guardian Signature: Date Signed:
*** Hard copy should be
placed in student’s special education record.***
ALSDE approved Feb.2015
Page 101
Process 1: Referral Through IEP Implementation
ANNUAL GOAL PROGRESS REPORT
Purpose(s) of this page:
•
To document student progress toward annual IEP goals and the extent to which that progress is sufficient
to enable the student to achieve the goals by the end of the school year.
When to use this form:
•
This report must be completed for every student who has an IEP.
•
This report must be completed and sent to the parent or student (age 19 and older) to report progress toward
IEP goals concurrent with each the issuance of report cards as scheduled by the public agency.
Below is explanation and guidance for the legend on the Annual Goal progress Report
Report of Progress on Annual Goals
Explanation of Terms
1. Goal has been met.
The student has met the criteria for this goal.
2. Some progress made.
The student is making sufficient progress toward achieving this
goal within the duration of the IEP.
3. Very little progress made.
The student has demonstrated some progress toward achieving this
goal.
4. No progress made.
The student has not yet demonstrated progress toward achieving
this goal.
5. Very little progress made. Goal added or
deleted. (Note in comments.)
This goal has not been or was just
recently introduced. Add notes
in the Description of Progress made/Comments field to indicate this.
6. Transfer record. (See previous school.)
•
The student transferred into your school during the reporting
period and there was not adequate time before the close of
the reporting period to assess progress.
•
Use when a student transfers to your school and
progress from a previous reporting period does not display.
Extent of Progress toward Meeting Annual
Goals
Directions/Applications
1. Goal mastered. (Enter date in comments.) Enter the date in which the goal was mastered during the grading
period in the Description of Progress made/Comments field.
2. Anticipate mastery.
The student is expected to master this goal.
3. Do not anticipate
comments.)
mastery. (Note in
In the Description of Progress made/Comments section, indicate
why you do not anticipate mastery of this goal (i.e., more time
is needed).
4. Not applicable during this grading period. N/A
Goal was not introduced during this grading period.
5. Goal not mastered. (Note in comments.)
In the comment section, state why the goal was not mastered.
6. Transfer record (See previous school.)
•
The student transferred into your school during the reporting
period and there was not adequate time before the close of
the reporting period to assess progress.
•
Use when a student transfers to your school and progress
from a previous reporting period does not display.
7. Excessive absences/tardies/truancy The student’s attendance has prevented adequate time to work on
the goal, therefore, little or no progress was made toward the goal.
What happens next:
•
The parent or student (age 19 and older) must be provided a copy of the Annual Goal Progress Report each
reporting period concurrent with the issuance of report cards.
•
A hardcopy of the Annual Goal Progress Report should be placed in the student’s special education file each
reporting period.
Page 102
Process 1: Referral Through IEP Implementation
1 ALSDEFeb.2019
Summary of Academic Achievement and Functional Performance (SAAFP)
StudentInformation
Student Name: Date of Birth: Gender:
Student Address: Primary Phone #:
Cell Phone #:
Email Address:
School Attended: School Phone #:
SAAFP Completed by: Position: Phone #
Email Address (if available):
Date Summary was Provided to Student: Date of Graduation / Exit:
Student’s Alabama High School Diploma Pathway:
Date of most recent Eligibility report
provided to the student:
☐
General Education Pathway
☐
Essentials Pathway
Date of most recent IEP provided to
the student:
☐
Alternate Achievement Standards Pathway
This Summary of Academic Achievement and Functional Performance (SAAFP) document is being provided to this
student to assist him/her in planning for the future. This information will be useful in the transition from high school
to higher education, training, employment, and/or adult services. The document summarizes the student’s academic
and functional performance in school, the progress and accommodations/modifications, and gives the student an
opportunity to provide information related to his/her achievement(s) and performance.
Summary of Student’s Academic and Functional Performance:
(Based on previous assessments and tied to the student’s
postsecondary goals, summarize the student’s abilities, skills, needs, and limitations, if appropriate, to assist them in meeting their
postsecondary goals.)
Academic Achievement
(Reading, Math, Language, Learning skills)
Accommodation(s) Recommendation(s)
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Process 1: Referral Through IEP Implementation
2 ALSDEFeb.2019
Student Name: Date of Birth:
Functional Performance
(If appropriate)
Accommodation(s) Recommendation(s)
Career/Vocational
Social Skills and Behavior
Communication
Self-Advocacy Skills
Independent Living Skills
Medical/Family Concerns
Postsecondary Goals:
Postsecondary Education/Training Goal:
☐
Student will be prepared to participate in a 2- to 4-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 graduation 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.
Recommendations to assist the student in meeting this goal:
Detailed information about the goal.
Recommendations to assist in meeting this goal.
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Process 1: Referral Through IEP Implementation
3
ALSDEFeb.2019
Date of Birth: Student Name:
Student Input/Comments:
1. What supports or accommodations have helped you succeed in school? How did they help you?
2. Which supports or accommodations has not helped you?
3. What supports or accommodations do you feel you will need to continue to achieve your postsecondary goals?
4. What services have helped you succeed in school?
5. What strengths and needs should professionals know about you as you enter the postsecondary work environment?
6. What has been the most difficult for you in school?
Youth can provide valuable information about how things are going within the year after they have exited school.
Since you are exiting high school this year, someone from your school may contact you next year or meet with you to
take a survey about your work or your further training. This survey is called the Alabama Post-School Outcomes
Survey. This person from your school will ask you questions on the survey and will record your answers, along with the
answers of many other students who exited school the same year that you did. This survey is very important. This
survey helps schools and agencies understand how successful youth are meeting their goals for life after school and
helps them improve their work in order to help other students achieve their goals.
I have reviewed this document with my teacher/service provider and was provided a copy.
Student’s Signature:
Date:
Signature of LEA staff providing copy to the student: Date:
Name of Parent/Guardian: Address 1:
Home Phone#:
Work Phone#: Address 2:
City/State:
Cell Phone#:
Email Address:
Zip:
Parent/Guardian Signature: Date:
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Process 1: Referral Through IEP Implementation
Purpose(s) of this form:
•
To document the date of graduation/exit.
•
To document the pathway leading to the Alabama High School Diploma.
•
To document academic achievement and functional performance.
•
To document the student’s progress, strengths, needs, and limitations.
•
To document successful accommodations/modifications utilized during high school.
•
To document recommendations for achieving the student’s post-school goals.
•
To document recommendations for Postsecondary Education/Training, Employment/Occupation/
Career, and Community/Independent Living goal(s).
•
To document the student’s input/comments.
When to use this form:
•
At the end of the student's exiting year.
•
The SAAFP must be completed for every student that exits with a high school diploma, or who will be
exceeding the age of eligibility for FAPE (age 21).
Things to remember when completing this form:
•
Public agencies may choose to add informational components to the SAAFP; however, the statewide forms
provided for the Summary of Academic Achievement and Functional Performance MUST be used along
with anything the public agency chooses to use.
•
The case manager and student, and as appropriate, the parent and other agency personnel, should meet to
complete the Summary of Academic Achievement and Functional Performance.
•
Although high school credit/grades will not be finalized until the end of the senior year, copies of the most
current credit/grades and other required parts of the SAAFP should be made available to the student as
needed to assist with postsecondary opportunities.
•
The case manager is responsible for providing the completed SAAFP, including a copy of high school
credits/grades, recent Eligibility report, recent IEP, and documentation of testing accommodations to the
student upon exiting from high school.
•
The Summary of Academic Achievement and Functional Performance should be completed through a team
process that includes the student, family, and school personnel.
What happens next:
Student Information
•
Complete all sections of this form.
•
Verify that the student’s demographic information is correct.
•
Enter the date the SAAFP was provided to the student.
•
Enter the date the student will graduate/exit from high school.
•
Indicate the pathway to the Alabama High School Diploma.
•
Enter the date the most recent Eligibility report was provided to the student. (Provide the most recent
copy of the Eligibility report to the student.)
•
Enter the date the most recent IEP was provided to the student. (Provide the most recent copy of the
IEP to the student.)
Summary of Student’s Academic and Functional Performance
The Academic Achievement and Functional Performance provides a summary of the student’s current
functioning, strengths, abilities, interests, and needs in subject and skill areas.
The completion of this section may require the input from a number of school personnel and/or other
persons who have contact with the student. They may include the Special Education teacher(s), Special
Education case manager, General Education teacher(s), Career/Technical representative(s), Transition
SUMMARY OF ACADEMIC ACHIEVEMENT AND
FUNCTIONAL PERFORMANCE (SAAFP)
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Process 1: Referral Through IEP Implementation
Table of Contents
SUMMARY OF ACADEMIC ACHIEVEMENT AND
FUNCTIONAL PERFORMANCE (SAAFP)
Coordinator, school psychologist/psychometrist, related service provider(s) family member(s), or other
agency representative(s).
•
Complete the student’s present level of academic achievement and functional performance,
accommodations, and recommendations.
•
The first column should contain a summary of the student’s academic educational
program (course
of study, reading, mathematics, writing, and other related academic areas) and
related instructional
performance levels as related to the student’s postsecondary goals. This information should include
the present level of performance for each identified area based upon assessments
and recent IEP
present level of academic achievement and functional performance (e.g., reading decoding,
in dependent reading level, reading comprehension, math reasoning,
written expression, strengths/
weaknesses, career interests, self- advocacy).
• The second column should describe any essential accommodations, modifications, assistive technology,
and instructional strategies that have been utilized to assist the student in his/her educational program
(e.g., books on tape, additional time for assignments/test, use of a calculator, use of an organizer
assistive technology for written assignments, use of a tape recorder, use of a checklist/schedule).
•
The third column should include recommendations for the student to self-advocate, maintain, or
obtain the accommodations that he/she needs to be successful in a post-secondary environment,
workplace, and community. This section should provide information on what to do next for the
student.
•
Complete the student’s Functional Performance, accommodations, and recommendations that
were essential in high school. If an area within the Functional Performance is not applicable,
please specify the reason(s) under the area, and place a N/A in the accommodations and
recommendations columns.
•
All fields must be addressed to complete this form within the SETS process (Closure Rule).
•
The exception to the closure rule is that either the student’s or guardian’s signature is required,
but
not both.
Postsecondary Goals
•
Indicate the appropriate long-term postsecondary goal for Postsecondary Education/
Training, Employment/Occupation/Career, and Community/Independent Living.
•
The postsecondary goals should match the long-term postsecondary goals identified in the student’s
IEP.
•
These goals should reflect the post-school environment the student intends to transition to upon the
completion of high school.
Recommendations to assist the student in meeting the postsecondary goals
•
This section should be directly tied to the student’s post-school plans for education, training,
employment, community, and independent living and reflect the skills, abilities, needs, and
functional limitations noted in the SAAFP.
Detailed information about the goal
•
This column should contain a detailed summary of the student’s goal and instructional performance
as it relates to the student’s Postsecondary Education/Training Goal, Employment/Occupation/
Career Goal, and Community/Independent/Living Goal.
•
Provide a detailed summary of the student’s academic achievement and functional performance
related to the identified postsecondary long-term goals.
•
Include the student’s strengths, preferences, interests, and needs related to the post-secondary
goals.
Recommendations to assist in meeting this goal
•
Describe any recommendations that the student may require to be successful in meeting his/her
goal and being successful in a post-secondary environment including postsecondary education,
training, employment, community, and independent living.
•
Provide information on what to do next for the student.
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Process 1: Referral Through IEP Implementation
Student Input/Comments
•
Encourage the student to provide input/comments for each question in this section.
•
These questions can be completed independently by the student or completed with the student through
an interview. This is an opportunity for the student to state what supports and services have been
helpful in high school and what services or supports will be needed in the future.
•
Guidance may be required from the parent, legal guardian or anyone that has knowledge about the
student to complete the Student Input/Comments section of this form.
Additional contact information has been added at the bottom of this page to assist in the collection
of information that may improve the response rate for our Alabama Post-School Outcomes Survey.
•
Use the student’s contact information as needed when participating in the Alabama Post-School
Outcome Survey.
SUMMARY OF ACADEMIC ACHIEVEMENT AND
FUNCTIONAL PERFORMANCE (SAAFP)
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Process 1: Referral Through IEP Implementation
Functional Behavioral Assessment
/
Behavioral Intervention
Plan
1
(Optional
Form)
ALSDE a
p
p
r
oved
Fe
b
. 2017
Student’s
Name: SSID:
School
Name:
Case
Manager:
Grade
Level:
DOB:
FBA
/
BIP
Meeting
Date:
Data Sources:
[ ] Observations
[
]
Student
Interview
[
]
Teacher
Interview
[ ]
Parent
Interview
[
]
Rating
Scales
[
]
Discipline
Reports
[ ]
Psychological
Evaluation
[
]
Cumulative
Records
[
] Prior IEP/FBA/BIP
[ ]
Evaluation Information
from other agencies
Description of Behavior -
Specific description
of
behavior
that is
impeding learning
(define
in
measurable
and
observable
terms):
Current intensity
of the behavior
(specific consequences
of
problem behavior
on the
student,
peers, staff, and
instructional
environment):
How
often
does
this
behavior
occur
(based
on
collected
data):
Duration:
(how
long
does
this
behavior
last?):
Setting(s)
in
which
the
behavior occurs
(activities,
time of day,
around whom behavior occurs,
etc.):
Antecedents
–
Events
that occur
immediately before
the behavior
(most
common
or
frequently
noted within the data collection):
Consequences
–
Events
that
immediately follow
the behavior
(most
common
or
frequently
noted with the data collection):
Student’s reaction
to
consequences
-
Describe previous interventions
(what is being
implemented
at this time and how
effective
are the interventions):
Educational
Impact:
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Process 1: Referral Through IEP Implementation
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Functional Behavioral Assessment
/
Behavioral Intervention
Plan
Student’s
N
ame:
SSID:
2
(Optional
Form)
ALSDE approved
Feb. 2017
Analysis
of
Function
of
Behavior
–
After review of the data on
antecedents
and
consequences,
the
targeted behavior
may
render
one of two
functions,
to gain
something,
or to avoid
something.
Select the agreed upon
functions(s)
that apply to the
targeted
behavior.
Gain(s)
- (enter a brief
description
next to each that applies):
[ ]
attention
from Teacher(s)
[ ]
attention
from Peer(s)
[ ]
attention
from Parent(s)
[ ] a
Tangible
Item
[ ] a Sensory Stimulation
[
]
Other
If
Other,
explain:
Avoidance
/
Escape
- (enter a brief
description
next to each that applies):
[ ] a Task and / or activity
[ ] a
Specific
Person
[ ] a
Classroom
or School
[
]
Other
If
Other,
explain:
Affective regulation/emotional reactivity
(anxiety,
anger,
depression, frustration,
etc.):
Hypothesis:
Based on the primary
function identified,
write a
hypothesis statement describing
why the
student
is
engaging
in the
inappropriate behavior. Hypothesis statement
(based on
FBA): (Student)
will
(describe
target
behavior)
when (identified
antecedent)
in order to
(function
of behavior).
Replacement
Behavior:
The
replacement behavior
is a
positive alternative
that allows the
student
to obtain the same
outcome
that the problem
behavior provided.
What
behavior
do we want the
student
to
display?
This
statement
will
correspond
with the student’s
behavioral
goal.
Replacement behavior statement: (Student)
will
(describe replacement behavior)
when (what precipitates
behavior).
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Process 1: Referral Through IEP Implementation
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Functional Behavioral Assessment
/
Behavioral Intervention
Plan
Student’s
N
ame:
SSID:
3
(Optional
Form)
ALSDE approved
Feb. 2017
Behavioral Intervention
Plan –
Behavioral
Goal(s): Date of
Completion
/ Mastery:
Intervention(s)
-
(To
include positive interventions, teaching strategies, environmental changes, reinforcement procedures,
and reactive
strategies
to use if
problem behavior occurs. Include
time,
frequency
and place for each intervention.)
1.
2.
Person(s) Responsible:
Evaluation
Method(s)
and Criteria:
Behavioral
Goal(s): Date of
Completion
/ Mastery:
Intervention(s)
-
(To
include positive interventions, teaching strategies, environmental changes, reinforcement procedures,
and reactive
strategies
to use if
problem behavior occurs. Include
time,
frequency
and place for each intervention.)
1.
2.
Person(s) Responsible:
Evaluation
Method(s)
and Criteria:
Was a copy of the
FBA/BIP
given to
parent/student
(age 19) at the IEP Team meeting?
[
]
Yes
[
]
No
If
No,
explain:
A report on
progress towards behavioral goal(s)
will be
provided
to the parent(s):
Frequency: Method:
Date
copy
of
amended
form
provided/sent
to
the
parent/student
(age
19):
The
following people attended
and
participated
in the
FBA/BIP meeting
and
subsequent
reviews:
Position Signature Date
Paren
t
Paren
t
General Education
Teache
r
Special Education
Teache
r
LEA Representative
Someone
Who Can
Inte
r
p
r
et
the Instructional
Implications
of the
Evaluation
Results
Studen
t
Career/Technical Education
Representative
Othe
r
Agency
Representative
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Functional Behavioral Assessment
/
Behavioral Intervention
Plan
Purpose(s)
of this form:
To
determine
an
explanation
of the
purpose behind
a
problem behavior
of a student.
To implement positive behavioral supports, strategies, and interventions to decrease the likelihood that the
problem behavior
will recur.
To
document
that the
required
IEP Team
members participated
in the
assessment
and
development
of the plan.
When
to use this form:
The IDEA requires that if the district, parent, and relevant members of the IEP Team determine that a student's
conduct (that gave rise to a change of placement, i.e., a removal for more than 10 consecutive school days or a
series of
removals
that
constituted
a
pattern)
was a
manifestation
of the
student's disability,
the IEP Team must:
o Conduct a functional behavioral assessment (provided the district had not conducted such assessment prior
to the
conduct
at issue) and
implement
a
behavioral intervention
plan for the child.
o When a behavioral intervention plan has already been developed, review the plan and modify it, as
necessary, to address the behavior. And, except when the student is removed to an alternate interim
educational setting, return the student to the placement from which he was removed, unless the parent and
district
agree of a
change
in
placement
as part of the
modification
of the
behavioral intervention
plan.
A student with a disability who is removed from his current placement for more than 10 consecutive school
days for behavior not determined to be a manifestation of his disability (or a student who is removed to an
interim alternative educational setting for up to 45 school days for weapons, drugs, or serious bodily injury,
irrespective of whether his behavior is a manifestation of his disability) must receive, as appropriate, a
functional behavioral assessment, behavioral intervention services and modifications, that are designed to
address the behavior
violation
so it does not recur.
Things
to
remember
when
completing
this form:
• If a public agency conducts a functio
nal behavioral
assessm
ent
(FBA)
to
ass
ist in
determ
ining wh
ether an
indivi
dual chi
ld is a chi
ld with a
disability
a
nd
the natu
re an
d extent
o
f th
e special
educati
on an
d related
services
that the ch
ild needs,
it is considered a
n evaluation
und
er P
art B therefo
re
it is subject to parental
consent
requirements.
• In c
onducting
a
fun
ctional
behavioral assessm
ent,
the I
EP Tea
m identifies
and
defines
the problem
b
ehavior in
spe
c
i
f
i
c
,
o
b
se
r
v
a
b
l
e
terms.
• The team
r
eviews informa
tion from
v
arious s
ources
(e.g., questionna
ires; semi-structured
i
nterviews with
students, teachers, a
nd others;
o
r
observa
tio
ns
of stude
nts in
vari
ous settings
) an
d in
vario
us forms
(e.g.
, AB
C
c
h
a
r
t
s,
sc
a
t
t
e
r
p
lots, freq uency
plots, etc).
• The team carefully examines what they have learned about the behavior and its context in order to determine
its
func tion(s)
and
decides
what to do next.
• The FBA is a first step in trying to understand why a student may be exhibiting a problem behavior. As the
function of the behavior becomes apparent, a behavioral intervention plan can be developed to reduce the
occurrence
of the
int erfe ring behavior
and teach a new
appropriate replacement
behavior.
What
happens
next:
•
Develop
a
system
to
monitor
the
effectiveness
of the
Behavioral Intervention
Plan.
•
Revisit
the
FBA/BIP
if, after six to eight
weeks,
there are no
documented changes
in behavior.
• If
amendments
are made, send the amended BIP home with date the copy was sent completed on the
appropriate line.
• Once a behavioral goal(s) has been mastered, the
strategies/accommodations
can be included on the Services
page of the IEP under Special Education and Related Service(s), if the IEP Team determines
the
strategies/accommodations
should continue.
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Process 1: Referral Through IEP Implementation
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Manifestation Determination Review
Student’s
Name:
DOB:
SSID:
School
Name:
Grade
Level:
Review
Date:
Code
of
Conduct
violation:
Summary of the information considered:
Student’s behavior(s)
Student’s IEP
Teacher(s) comments
Relevant information provided by the parent(s)
Total number of days suspended this school year, comments
Other relevant information (include grades and attendance)
[ ] Yes [ ] No Was the conduct in question caused by or does it have
a direct and substantial
relationship to the student’s disability?
[ ] Yes [ ] No Was the conduct in question a direct result of the LEA’s failure to implement the IEP?
(OptionalForm) ALSDE approved Feb. 2017
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Process 1: Referral Through IEP Implementation
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Manifestation Determination Review
Student’s
Name:
DOB:
[ ]
IS
a
manifestation
of the
disability
an
d the
student
will
be
retu
rned
to
the
p
la
c
e
m
e
n
t
s
p
e
c
i
f
i
e
d
in
his
/he
r
IEP,
unless
:
(a) the
scho
ol
and
paren
t(s
)
agree
to
a
change
of
p
l
ace
ment
through
the
IEP
process
;
or (
b)
the
student
is
ass
igne
d
to a
n
alternati
ve educational
setting
fo
r
possession
of
a
weapon,
illegal drugs
o
r
fo
r
inflictio
n
of
serious
bodil
y
inju
ry o
n
ano
ther
person.
Determination:
The LEA,
parent,
and
relevant members
of the IEP team looked at all
information
and
determined
that the conduct:
[
]
The team will
conduct
a
functional behavioral assessment
and will
implement
a behavioral
intervention
plan for the student.
[
]
The team has recently
conducted
a
functional behavioral assessment
and will
implement
a
behavioral intervention
plan for the student.
[
]
The team will review the
existing
behavioral intervention
plan and modify it, as
necess
ary,
to
address
the
conduct
that
resulted
in the
disciplinary
removal.
[ ]
IS NOT
a
manifestation
of the
disability
and
disciplinary removal
may occur. The LEA will
continue
to make a
free
appropriate
public
education (FAPE) available
to the
student
in a
manner
which
enables
the student
to
continue
to
participate
in the
general education curriculum, although
in
another
setting, and to progress
toward meeting
the goals set out in the
student’s
IEP. The LEA may
conduct
a
functional
behavioral
assessment
and
develop
a
behavioral intervention
plan
designed
to
address
the
conduct violation
so that it
does not recur.
The
following people attended
and
participated
in the
meeting
for the
Manifestation
Determination.
Position Signature Date
Paren
t
Parent
General Education
Teache
r
Special Education
Teache
r
LEA Representative
Someone
Who Can
Inte
r
p
r
et
the Instructional
Implications
of the
Evaluation
Results
Student
Career/Technical Education
Representative
Othe
r
Agency
Representative
Dissenting Opinion
Team Members:
Position Signature Date
(Optional
Form)
ALSDE approved
Feb. 2017
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Process 1: Referral Through IEP Implementation
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MANIFESTATION DETERMINATION REVIEW
Purpose(s) of this form:
•
To review all relevant information regarding the student’s behavior.
•
To provide adequate information for the IEP Team to determine whether the behavior in question is or
is not a manifestation of the student’s disability.
•
To document that the relevant IEP Team members participated in making this decision.
When to use this form:
• The MDR examines the relationship between a student's disability and his/her misconduct. It must be
undertaken when a district proposes to take disciplinary action that results in a change of placement.
Things to remember when completing this page:
•
The MDR is an analysis of a student's misconduct to determine whether that conduct is a
manifestation of the student's disability. It must be performed when a district proposes
disciplinary measures that will result in the change of placement for a student with a disability.
•
The MDR analysis must be performed within ten school days of any decision to change the placement of
a student with a disability because of a violation of a code of student conduct.
•
A change in placement occurs when:
1. The removal is for more than ten consecutive school days; or
2. The student has been subjected to a series of removals that constitute a pattern—
i.
Because the series of removals totals more than ten school days in a school year;
ii.
Because the student's behavior is substantially similar to the child's behavior in previous incidents
that resulted in the series of removals; and
iii.
Because of such additional factors as the length of each removal, the total amount of time the
student has been removed, and the proximity of the removals to one another.
•
The MDR must involve a review of all the relevant information in the student's file, including
the student's IEP (what specific services and supplementary aids the student is currently
receiving), any teacher observations, and any relevant information provided by the parents.
•
The IEP Team must answer the following two questions:
1. Was the conduct in question caused by or does it have a direct and substantial relationship to the
student’s disability?
2. Was the conduct in question a direct result of the LEA’s failure to implement the IEP?
•
If the answer to either of these questions was a “yes” the IEP Team must determine the conduct is a
manifestation of the student’s disability.
What happens next:
If the MDR reveals that the conduct was a manifestation of the student's disability, the IEP Team must:
•
Conduct a functional behavioral assessment, unless the public agency had conducted a functional
behavioral assessment before the behavior that resulted in the change of placement occurred, and
implement a behavioral intervention plan for the student.
•
If a behavioral intervention plan already has been developed, review the behavioral intervention plan, and
modify it, as necessary, to address the behavior.
•
Return the student to the placement from which the student was removed, unless the parent and the public
agency agree to a change of placement as part of the modification of the behavioral intervention plan.
Page 115
Process 1: Referral Through IEP Implementation
MANIFESTATION DETERMINATION REVIEW
(Continued)
•
The exception of special circumstances allows school personnel to 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 student’s disability, if the student:
o
Carries a weapon to or possesses a weapon at school, on school premises, or to or at a school
function under the jurisdiction of an SEA or an LEA.
o
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 an SEA or an
LEA.
o
Has inflicted serious bodily injury upon another person while at school, on school premises, or at
a school function under the jurisdiction of an SEA or an LEA.
•
If the district determines that a student's misconduct was not related to his disability, then the student is
subject to the same sanctions for misconduct as a student without a disability. However, the student must
continue to receive educational services so as to enable the student to continue to participate in the
general education curriculum, although in another setting, and to progress toward meeting the goals set
out in the student's IEP.
Page 116
Process 1: Referral Through IEP Implementation
Notice and Consent Regarding Payment from Medicaid Benefits
Student Name: LEA:
School Year: (One time) Consent Date:
Notification
Date: [ ] Consent Denied
The rules under the Individuals W
ith Disabilities Education (IDEA) regarding the use of public benefits, such
as Medicaid, require schools to provide written notification and obtain consent from a parent one time before accessing
a child’s Medicaid benefits and notify the parent annually thereafter. IDEA and the Family Educational Rights and
Privacy Act (FERPA) also require schools to obtain parental consent before disclosing information from a child’s
education
records to outside parties such as
Medicaid
or another public health
insurance
agency.
“Consent” means that the parent has been fully informed of all relevant information in his or her
native language or other mode of communication; that the parent understands and agrees in writing; that the
consent describes what the school system seeks to do and lists the records that will be released and to whom; and that
the parent
understands
that giving consent is voluntary and that he or she can change his/her mind at any time. Parents
must have advance notice of the school’s efforts to use a child’s public benefits to pay for special education
services and an
opportunity
to prevent any related
disclosure
of
information
from the child’s
education
records.
Prior to accessing a child’s Medicaid benefits, the school system must make sure that using the child’s
Medicaid
benefits will not:
•
Decrease available
lifetime
coverage
or any other insured benefit.
•
Result in the family paying for services that the child needs outside of school and that otherwise would
be covered by the public benefits.
•
Increase
premiums
or lead to
discontinuation
of benefits.
•
Risk loss of eligibility for home and community-based waivers based on total health-related
expenditures.
School officials must annually notify the parent of the school’s interest in utilizing Medicaid benefits as
well as the
above-listed constraints;
seek from the parent (and other relevant sources) the
information
necessary for the
school system to utilize Medicaid benefits; solicit any parental concerns; and give parents a meaningful
opportunity
to express any relevant concerns about the process.
School officials may not require parents to sign up for Medicaid benefits as a condition for their child
receiving services under IDEA. Nor may they require parents whose children are enrolled in Medicaid to incur any
out-of-pocket expenses, such as paying a deductible or co-payment.
I authorize the Local Education Agency (LEA) to disclose personally identifiable information of this student to
the Alabama State Medicaid Agency and its contractors ("Medicaid"), for the purposes of determining the
student's Medicaid status. If the student is determined to be covered by Medicaid, I authorize the LEA to bill
Medicaid for Medicaid-covered health services provided to the student that are in the student's Individualized
Education Program (IEP). I understand that, upon request, I may receive copies of the student's educational records
that are disclosed as a result of this authorization. I understand that this consent is required one time and I will be
notified annually. I also understand that my refusal to allow access to the Medicaid benefits does not relieve
the school system of its
responsibility
to ensure that all required IEP services are
provided
at no cost to me.
Parent/Guardian
Signature
Relationship
to Student Date
Notice and Consent Regarding Payment from Medicaid Benefits ALSDE 02/2014
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Process 1: Referral Through IEP Implementation
Table of ContentsTable of ContentsTable of ContentsTable of ContentsTable of Contents
Notice and Consent Regarding Payment from Medicaid Benefits
Reference: 34CFR 300.154(d)
Purpose(s) of this form:
• To document that notification and a one-time consent have been provided to the parent(s) regarding the
public agency accessing their Medicaid benefits for Medicaid-covered IEP services provided by the
public agency to the student and annually thereafter. This form also serves that you have explained to the
parent all of the protections available to them under Part B, as described in 34 CFR §300.154(d)(2)(v).
• Consent is one time and you must notify the parent annually if you continue to access their or the
student’s Medicaid benefits.
When to use this form:
• Use this form at an annual IEP Team meeting to notify the parent and get first time consent when
accessing the parent’s or student’s Medicaid benefits for students with service(s) that are
Medicaid eligible.
• The public agency may use this form to provide notice and obtain consent to bill for Medicaid
eligible services provided by the current public agency up to a year prior to the date of authorization.
• If this consent is not obtained during an IEP Team meeting or a parent conference, the public agency
may provide the notice and consent form along with a cover letter of explanation and public agency
contact information.
• After you obtain consent the first time, you can use this form to notify the parent annually if you
continue to access their Medicaid benefits. This could be at the IEP meeting or sent under separate
cover, as listed in the previous bullet.
Things to remember when completing this form:
• Enter the child’s full name as it appears on school enrollment record.
• Enter the name of the school system (LEA) seeking authorization.
• Enter the current school year.
• Enter the (One time) Consent date. NOTE: This date will auto-populate on subsequent forms from
the student folder field.
• Enter the notification date. NOTE: This date will be the same date as the consent date on the first form
used of this version.
• Check the Consent Denied box if the parent refuses use of their Medicaid benefits.
• Parent/Guardian Signature – this is the person providing authorization to the Medicaid benefits.
• Enter the relationship to the student of the person providing authorization.
• Enter the date the authorization was signed.
• Upon completion of the form, open the student’s folder in SETS and check the “Permission to Bill
Medicaid” box located on the screen labeled “Other” tab. All other fields on this form will write
to corresponding fields in the student folder when the form is marked complete.
• If for any reason the form is completed not using SETS, the information should be entered in SETS
as soon as possible after completing the process of obtaining consent. The information must be
entered in SETS to begin the billing process and for auditing purposes.
What happens next:
• The billing process may be implemented.
Page 118
Process 1: Referral Through IEP Implementation
,
NOTICE
OF
REVOCATION
OF
CONSENT
FOR
CONTINUED PROVISION
OF
SPECIAL EDUCATION
AND
RELATED
SERVICES
Dear Parent:
It is our understanding that you no longer want your child,
to receive special education and related services.
By revoking consent for the continued provision of special education and related services, you must
understand that the public agency:
1. May not continue to provide special education and related services to the child, but must provide prior
written notice before ceasing the provision of special education and related services.
2. May not use the Mediation or Due Process procedures in order to obtain agreement or a ruling that the
services may be provided to the child.
3. Will not be considered to be in violation of the requirement to make free appropriate public education
available to the child because of the failure to provide the child with further special education and
related services.
4. Is not required to convene an Individualized Education Program (IEP) Team meeting or develop an
IEP for the child for further provision of special education and related services.
5. Will no longer provide services to your child as of the date the public agency provides written notice.
6. Is not required to amend the child’s education records to rem
ove any references to the child’s receipt
of special education and related services because of the revocation of consent.
If you have
questions regarding
this
decision,
your rights, or wish to
schedule
a
conference
,
please contact:
Name:
Telephone:
Please return this form to:
Address:
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:
(Name) (Telephone)
Yes, I want to revoke my consent for the continued provision of special education services.
No, after understanding the provisions above, I do not want to revoke my consent. I want
my child to continue to receive special education and related services.
Signature
of Parent Date
Date Notice Received by Public Agency
AAC page 524 (d)(e) AAC page 542 (3)(4)
ALSDE Approved Feb. 2013
Page 119
Process 1: Referral Through IEP Implementation
Table of ContentsTable of ContentsTable of ContentsTable of ContentsTable of Contents
Notice of Revocation of Consent for Continued Provision of
Special Education and Related Services
Purpose(s) of the form:
•
To document in writing the parent’s or student’s (age 19 and older) request to revoke consent for the
continued provision of special education and related services.
•
To inform the parent or student (age 19 and older) of the provisions that the public agency has to adhere
to should a parent or student (age 19 and older) revoke consent for the continued provision of special
education and related services.
When to use this form:
•
This form is used when a parent requests that his/her child no longer receive special education and related
services.
•
A student (age 19 and older) may also request that he/she no longer receive special education and related
services.
Things to remember:
•
The revocation of services must be in writing.
•
If the parent or student (age 19 and older) has checked no, “I do not want to revoke my consent” at the
bottom of the form, the student must continue receiving special education and related services.
•
Upon receipt of a signed copy of the Notice of Revocation of Consent for Continued Provision of Special
Education and Related Services form indicating the parent or student (age 19 and older) does want to revoke
consent, the public agency must provide/send a copy of the Notice of Proposal or Refusal to Take
Action informing the parent and student (age 19 and older) that the student will no longer receive special
education and related services at the request of the parent or student (age 19 and older).
What happens next:
•
The public agency should discontinue all special education and related services.
•
If a referral for an evaluation is made at a later date for this child, the evaluation will be an initial evaluation.
Page 120
Process 1: Referral Through IEP Implementation
INITIAL OR REEVALUATION WRITTEN AGREEMENT(S) BETWEEN THE PARENT AND THE
PUBLIC AGENCY
Student
Name
Birth
Date
SSID
#
Attending
School
Case
Manager
Authorized public agency staff have explained to the parent that he/she is not required to enter these
agreements.
If you have questions regarding this written agreement or wish to schedule a conference you may contact:
Name:
Telephone:
Please
return this form to:
Address:
[ ] Waiver of 60 Day Timeline for the Completion of an Initial Evaluation of a Transfer Student
The 60 calendar day evaluation timeline for completing the initial evaluation does not apply if:
A public agency initiates an evaluation of the student; and the st
u
d
e
nt
m
o
v
e
s
t
o
an
o
ther
p
ub
lic
a
ge
n
c
y
b
e
f
o
r
e
the eval
u
a
tio
n
h
as
be
e
n
c
o
m
pl
e
t
e
d;
and
t
h
e ne
w
p
u
b
lic
a
g
e
n
c
y
is p
r
o
m
p
tl
y
seek
i
n
g
i
n
f
o
r
m
atio
n
f
r
o
m
t
h
e previous public agency and promptly completing the
evaluation;
and the new public agency and you agree that the evaluation will be completed by a speci
fic date.
I agree with the public agency that the initial evaluation will be completed by
:
[ ] Three Year Reevaluation
Currently
Due
on
I agree with the public agency that a three-year reevaluation is not necessary at this time.
The
next
reevaluation
for
continued
eligibility
determination
is
due
on
Date Provided/Sent:
Parent/Student (Age 19) Signature Date
Authorized Public Agency Staff Signature Date
SDE Approved Feb. 2014
Page 121
Process 1: Referral Through IEP Implementation
Table of Contents
INITIAL OR REEVALUATION WRITTEN AGREEMENT(S) BETWEEN
THE PARENT AND THE PUBLIC AGENCY
Purpose(s) of this form:
•
To document in writing from the parent or student (age 19 and older) to waive the 60-day timeline for
the completion of an initial evaluation for a transfer student and to agree to a specific date to complete
the evaluation. AAC 290-8.9.02(1)(b) EXCEPTION: (1) (2)
•
To document in writing from the parent or student (age 19 and older) that a three-year reevaluation will
not be conducted because the parent or student (age 19 and older) and the public agency agree it is not
necessary.
When to use this form:
•
To document waiving the 60-day timeline for the completion of an initial evaluation for a transfer
student. See specifics under the AAC 290-8.9.02(1)(b) EXCEPTION: (1) (2)
•
To document agreement between the public agency and the parent or student (age 19 and older) that a
three-year reevaluation is not necessary.
Things to remember when completing this form: Initial Evaluation
•
Specifics as to when a waiver of the 60-calendar day timeline may be used are listed in the AAC. This
waiver does not apply unless the specific criteria are met.
Reevaluation
•
If the public agency and the parent or student (age 19 and older) have a written agreement not to conduct
a three-year reevaluation, the reevaluation process is not required.
•
A public agency should not agree to not conducting a three-year reevaluation if all required assessments
have not been administered and/or the child does not meet current AAC criteria.
•
According to the commentary to the federal regulations, OSEP states that the opportunity for a parent
and the public agency to agree that a reevaluation is not necessary occurs before a reevaluation begins.
OSEP goes on to say that a reevaluation begins with the review of existing data. OSEP believes that in
reaching an agreement, the parent and the public agency will discuss advantages and disadvantages of
conducting a reevaluation as well as what effect a reevaluation might have on the child’s educational
program. Therefore, if the LEA is considering this option, SES strongly suggests that this discussion
take place at the very beginning of the meeting prior to discussing the reevaluation needs. If the parent
and the public agency agree that a reevaluation is not necessary, the INITIAL OR REEVALUATION
WRITTEN AGREEMENT(S) BETWEEN THE PARENT AND THE PUBLIC AGENCY form must be
signed by both parties documenting agreement. A copy of the signed agreement along with a Notice of
Proposal or Refusal to Take Action explaining the decision must be provided to the parent. If there is
no agreement, the reevaluation process must be followed (i.e., Notice of IEP Team’s Decision
Regarding Reevaluation; Notice and Consent for Reevaluation; Notice and Eligibility Decision
Regarding Special Education Services).
•
Remember, the parent may request a reevaluation at any time.
•
It is not appropriate to automatically state that this option will be used or limited to a specific group of
students.
•
The SES section heavily emphasizes that LEAs or public agencies use extreme caution if they choose
to use this option.
What happens next:
A copy of the signed written agreement(s) between the parent or student (age 19 and older) and the public
agency should be given to the parent or student (age 19 and older).
Page 122
Process 1: Referral Through IEP Implementation
Student
Name
Birth
Date
Student
ID #
School Case Manager
AACpages530‐531
WRITTEN AGREEMENT BETWEEN THE PARENT
AND THE PUBLIC AGENCY TO AMEND THE IEP
In making changes to a student’s IEP, the parent of a student with a disability and the public school system may
agree not to convene an IEP Team meeting, and instead may develop a written document to amend or modify the
student’s IEP.
In order to make this proposed change to the IEP and not convene the IEP Team, your written agreement to make
this change is needed. If you agree to the proposed change(s), your student’s IEP Team members will be
informed of the change(s). You will receive a copy of the revised IEP with the change(s) incorporated. Please
check, sign, and date below, and return this form to your student’s teacher.
[ ] I approve the proposed enclosed change(s) to the annual IEP, and I do not wish to have
a meeting.
Parent Signature Date
You have the right to request an IEP Team meeting to discuss this with school personnel. If you wish to have a
meeting, please check, sign, and date below, and return this form to your student’s teacher.
[ ] I wish to request an IEP Team meeting to discuss this change.
Parent Signature Date
Please return this form by
Signature of Education Agency Official
Telephone Numb
er
Date this form was provided/sent to the parent/student (age 19)
Page 123
Process 1: Referral Through IEP Implementation
WRITTEN AGREEMENT BETWEEN THE PARENT AND
THE PUBLIC AGENCY TO AMEND THE IEP
Purpose of this form:
•
To have documentation in writing from the parent or student (age 19 and older) that revisions may be
made to the IEP (other than at the annual IEP Team meeting) without convening the IEP Team.
When to use this form:
•
To document making changes to the IEP (other than at the annual IEP Team meeting) without
convening the IEP Team.
Things to remember when completing this form:
•
When making revisions to the IEP other than at the annual IEP Team meeting, the parent of a child
with a disability or the student (age 19 and older) and the public agency may agree not to convene an
IEP Team meeting for the purposes of making changes to the annual IEP. If changes are made to the
child’s IEP without a meeting of the IEP Team, the public agency must obtain the parent or student’s
(age 19 and older) written agreement to such changes before any changes are implemented.
•
When making revisions to the IEP other than at the annual IEP meeting, the IEP revision(s) must be
written on the student’s IEP and dated. A completed copy of the IEP with the amendments
incorporated must be filed with the student’s education records, and the parent or student (age 19 and
older) must be provided a revised copy of the IEP with the amendments incorporated, a copy of the
signed written agreement form, and the Notice of Proposal or Refusal to Take Action form explaining
the revisions.
•
When making revisions to the IEP other than at the annual IEP Team meeting, the IEP Team, as well
as anyone responsible for implementing the IEP, must be informed of changes to the IEP. The
Persons Responsible for IEP Implementation form must be updated to reflect any changes in service
providers and/or responsibilities.
•
Remember to complete Date copy of amended IEP provided/sent to parent/student (age 19) on
the signature page of the IEP.
What happens next:
•
A copy of the written agreement between the parent or student (age 19 and older) and the public
agency must be given to the parent or the student (age 19 and older).
•
A copy of the amended IEP must be given to the parent or the student (age 19 and older).
•
A copy of the Notice of Proposal or Refusal to Take Action must be given to the parent and the student
(age 19 and older) explaining the changes/amendments.
•
Document the date a copy of this form was provided to the parent/student (age 19) on the bottom of
this form.
Page 124
Process 1: Referral Through IEP Implementation
IN-STATE STUDENT TRANSFER PROCESS
Student withdraws from current public agency and enrolls in another public agency. Special education records entered in
SETS transfer electronically. The sending public agency will provide the parent with the Notice of Transfer of Records to
notify them that the student’s records have been transmitted electronically to the receiving agency when the student enrolls.
The receiving public agency/school notifies appropriate special
education personnel regarding new student. SETS Administrator
receives a
n alert for transfer records (when set up in SETS to receive
alerts).
If the records do not transfer electronically
refer to directions on the back of this chart.
If IEP is available, implement the IEP as written (including
services comparable to those in the previous IEP) until such time
as the new public a
gency adopts the previously held IEP or
develops
, adopts, and implements a new IEP.
IEP is received electronically or
If there is no IEP or the records are incomplete, first
contact the sending agency to verify all existing
records have been sent.
Special education personnel must review records to determine if the student is eligibleaccordingtotheAAC.
If eligible, determine whether the IEP is appropriate and/or
in compliance.
If school personnel
determines that the
existing IEP is
appropriate and
complia
nt, continue
to implement the IEP.
If
the existing IEP is
inappropriate and/or non-
compliant, begin the IEP
process to develop
a new IEP
(refer to appropriate process
chart).
Student is eligible.
Continue in the process
and develop the IEP.
Student is
not
eligible. Refer to
PST.
Complete the form, Persons Responsible for IEP Implementation, and comp
lete progress report
information as appropriate.
Provide the parent with a copy of the IEP, 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 all required evaluations were not conducted
and/or student does not meet AAC criteria,
refer to Process Chart 2, Reevaluation to
Determine Eligibility.
Page 125
Process 1: Referral Through IEP Implementation
Table of ContentsTable of ContentsTable of ContentsTable of ContentsTable of Contents
IN-STATE STUDENT TRANSFER PROCESS
1.
Refer to the Notice of Transfer of Records form available at www.alsde.edu under forms in the
General Information tab Special Education Forms
2.
The SETS records will electronically transfer upon enrollment in the new public agency, except under
the following conditions:
a.
The sending agency did not put forms into SETS. In this case, contact the sending agency and
request copies. (At a minimum the receiving agency must enter the most current eligibility process
that includes an eligibility report and the most current IEP process, as well as a copy of the Notice
and Consent for Provision of Special Education Services).
b.
For students enrolled as an E99 (not withdrawn from the sending agency) records will be delayed
until the enrollment record is resolved.
c.
The sending agency archived the student folder. In this case request the sending agency to
unarchive the records and then use the manual transfer request in SETS to resend the records.
(Notify the sending agency after receiving the record so they can archive the student records).
3.
Each public agency should designate personnel to review records for compliance with the AAC.
4.
If records received are incomplete, first contact the sending agency to verify all existing records have
been sent. In some cases, hard copies of records have been completed but have not been entered into
SETS at the time the student transferred to another public agency.
a.
If the student was in the middle of the referral process in SETS, complete any required
documentation in the referral process.
b.
If the student’s most recent documentation was in any other process, complete any required
documentation in that process.
5.
PLEASE NOTE: Receiving agencies that only receive hard copies of records are responsible for
entering the minimal data into SETS. (The most current eligibility report and the most current IEP, as
well as a copy of the Notice and Consent for Provision of Special Education Services).
If the receiving agency receives electronic records for a student that was previously enrolled in the
same agency, it will result in duplicate records. The receiving agency must review the records and
archive one folder and change the other folder to active status. Use the change working folder button
in SETS to work with duplicate records.
Page 126
Process 1: Referral Through IEP Implementation
AAC page 540 (e)(1)(2)
(Print on public education agency letterhead)
Notice of Transfer of Records
This is to notify you that the education records, including the IEP and supporting documents and
other records related to the provision of special education or related services for
(student name) have been
transferred from (previous public education agency to
electronic storage on (date) .
Should the student enroll in another public education agency in Alabama, the records will be
electronically sent to the receiving public education agency upon enrollment. Should the student enroll
in a public education agency in another state, a hard copy of the records should be requested by the
public agency in the new state from the last public education agency attended in Alabama.
The confidentiality of the records will be maintained according to federal regulations, the Family
Educational Rights and Privacy Act (FERPA) 34 CFR Part 99 and state regulations, the Alabama
Administrative Code 290-8.9.08(2)(e).
Should you have questions or need assistance, please contact:
Public Education Agency Official
Telephone
Page 127
Process 1: Referral Through IEP Implementation
Table of ContentsTable of ContentsTable of ContentsTable of ContentsTable of Contents
Table of Contents
OUT-OF-STATE STUDENT TRANSFER PROCESS
If all required evaluations have been conducted and the
student meets AAC criteria, the agency may convene
the
Eligibility Committee/IEP Team to determine eligibility
or
choose to do an initial evaluation. Document eligibility
in
the referral process in SETS by completing the Notice
and
Eligibility Decision Regarding Special Education
Services.
Please note: the Referral for Evaluation form is not required.
If eligible, determine whether the IEP is appropriate and/or in
compliance.
If IEP is inappropriate and/or
non-
compliant, develop an
appropriate and compliant IEP
in the IEP process of SETS.
If IEP is appropriate and compliant,
continue to implement. Complete the
Notice and Consent for the Provision of
Special Education Services.
AAC page 530 (10)(B)
Student withdraws from a public agency in another state and enrolls in a public agency in Alabama.
Special education records do not transfer electronically.
If IEP is available, implement the IEP as written
(including services comparable to those in the IEP from
previous agency) until the public agency (1) conducts an
initial evaluation if determined to be necessary by the
new agency, and (2) develops, adopts, and implements a
new IEP, if appropriate.
After reasonable attempts to obtain students’ records, if
IEP is not available (even though eligibility documentation
may be received), the new public agency is not required to
provide services. The public agency may place the child
in a regular school program and conduct an initial
evaluation, if determined to be necessary by the new
public agency.
Special education personnel must review records to determine if the student is eligible according to the AAC.
Develop IEP in the IEP process of SETS
(following process chart 1).
Complete the Persons Responsible for IEP Implementation and complete Annual Goal Progress Report information as appropriate.
Provide the parent with a copy of the IEP, the Notice of Proposal or Refusal to Take Action form, and a copy of the
Special Education Rights.
Student is eligible.
If all required evaluations were not conducted and/or
student does not meet AAC criteria, refer to process
chart no. 1, and enter data
in the referral process in
SETS, beginning with the Notice and Invitation to a
Meeting/Consent for Agency Participation. Please
note: the Referral for Evaluation form is not required.
Student is not eligible.
Refer to PST.
Page 128
Process 1: Referral Through IEP Implementation
OUT-OF-STATE STUDENT TRANSFER PROCESS
1.
Do not enter any out-of-state data into SETS unless you are entering it as a part of the process to
determine initial eligibility and services to be provided (e.g., the referral process).
2.
If an IEP is available, implement the hard copy of the IEP as written (including services comparable
to those in the previous IEP) until such time that the receiving agency determines eligibility according
to the AAC criteria.
3.
Complete the Notice of Proposal or Refusal to Take Action form to document that the IEP (or
comparable services) from the other state is being implemented until eligibility in Alabama has been
determined. Also, complete the Persons Responsible for IEP Implementation form. The Annual Goal
Progress Report information should be completed on a hard copy form until an IEP is entered into
SETS.
4.
The receiving agency may always choose to do its own evaluations for an initial evaluation to
determine eligibility according to the AAC and/or it may choose to use the out-of-state evaluations at its
own discretion to determine initial eligibility.
5.
If the child is determined to be eligible according to the AAC criteria, obtain consent to provide services
and develop an IEP using information obtained from the previous IEP and information gathered since
the child entered your LEA.
6.
Each public agency should designate personnel to review records for compliance with AAC.
7.
You are not required to enter an out-of-state IEP or any out-of-state forms into SETS. You may
implement a hard copy of the IEP until eligibility in Alabama is determined. The LEA is required to
enter the Referral Process in SETS.
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INDIVIDUAL EDUCATIONAL PLANNING
IEP Planning Sheet for Parents
Student’s Name: Date:
Parent’s
Name:
To develop the best possible program, we need your assistance and knowledge of your child.
B
elow are
some questions for you to answer in preparation for the IEP meeting. Please write down your thoughts and
send this form back to . The information that you share will be used to
prepare a draft profile or word picture about your child.
What
do
you
feel
are
the
strengths
of
your
child?
What do you feel are your child’s weaknesses (e.g., areas that may be frustrating or that you feel your
child
has
a
particular
need
to
improve?
How do you think your child learns best? (What kind of situation makes learning easiest?)
Please describe educational skills that your child practices at home regularly (e.g., reading, making
crafts, taking things apart, putting things together, using the computer, coloring).
Does your child have any behaviors that are of conc
ern to you or other family members? (If so, please
describe
the
behavior(s).
What
are
your
child’s
favorite
activities?
What
are
your
child’s
special
talents
or
hobbies?
Does your child have a history of ear infections or frequent upper respiratory infection?
When
was
the
last
eye
examination
completed
with
your
child?
Is
there
a
history
of
speech
delay/language
delay
in
your
family
(grandparent,
parent,
sibling)?
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INDIVIDUAL EDUCATIONAL PLANNING
IEP Planning Sheet for Parents
How does your child usually react when upset and how do you deal with the behavior?
If
you
have
particular
concerns
about
your
child’s
school
program
this
year,
please
describe
them.
What
are
your
main
hopes
for
your
child
this
year?
Please
list
any
other
information
that
would
help
us
gain
a
better
understanding
of
your
child.
Are
there
any
concerns
that
you
would
like
to
discuss
at
the
next
IEP
meeting?
Thank you for contributing valuable parental insights.
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INDIVIDUAL EDUCATIONAL
P
LANNING
IEP Planning Sheet for
Parents
Student’s Name: Date:
Parent’s
Name:
To develop the best possible program, we need your assistance and knowledge of your child. Below are some
questions for you to think about in preparation for the IEP meeting. Please write any additional thoughts and/or
information that you wish to include for future reference by the IEP Team.
•
What do you feel are the strengths of your child?
Tries new things Has a sense of humor Does well in home
activities
Makes new friends easily Has neat ideas
Encourages others Talks clearly
Says, “please” and “thank
you”
Offers help to others Good feelings about self Is happy
Likes books Understands what is said Plays well with other
Admits mistakes Listens attentively
children
Does chores when asked Follows instructions Is a good sport
Does homework Asks for help Has good eye contact
Does not give up easily Keeps trying
Has good appetite
Adjusts well to changes in Adjusts well to different Has limited fears
routine people Makes self understood
Likes music Likes to be read to Proud of self
Smiles at
people
•
What do you feel are your child’s weaknesses (e.g., areas that may be
frustrating
or that you feel your child has a
particular need to improve)?
Argues with you Is too serious Is easily distracted
Eats things that are not food Acts without thinking Trouble making friends
Trouble with going from Won’t do work
one task to another Breaks things
Worries about others
Does not speak clearly
Worries about what parents
Does not listen well Does not ask for help
think Has eye problems Is critical of self
Stays mad a long time Has fears Does not smile
Refuses help Forgets things Has ear problems
Complains about work Tries to hurt self
Does not seem happy Has fevers
Does not adjust well to Needs to be shown how to
Has a short attention span
Whines
Needs a lot of supervision
change
do something
Is sick a lot
Is nervous
Always wants to be right Is easily upset
Is overly active
Daydreams Has toileting accidents
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Page 182
Page 179
Does not understand the Gets upset when things are Bullies brothers/sisters
first time he/she hears
something
lost
Has bad allergies
Has frequent colds
Climbs on things
Needs very simple Has a short attention span Cries easily
directions
Repeats one thought over
Has seizures
Is nervous about answering
and over
Won’t read
Stares blankly Gets mad if he/she doesn’t Throws temper tantrums
Won’t mind get own way Is shy with others
Can’t understand math Can’t read
Does not play well with Won’t do math homework
Stays sick a lot
Has ear infections
others Hits others Does not laugh much
Does not talk very well Cannot say what he/she is Is afraid of dying
Does not make all the
sounds right when he/she
talks
Gets mad/angry when
he/she can’t do something
fast
thinking about without a Breaks things
long wait
•
How do you think your child learns best? (What kind of situation makes learning easiest)?
One on one with a teacher
One on one with parent
Working with picture books
With objects (like for counting)
One on one with a friend
One on one with sister/brother
With work sheets
Working in a classroom
Watching someone else do the activity first With lots of rewording of the directions
When my child is close to the one teaching With no noise in the room
With music
With my child in my lap
With my child seated at a table
With the lights turned on low
With a snack
With the TV/radio on
With the computer as a tool
With my child sitting next to me in a soft chair
With my child seated at a desk
With bright light in the room
Without food around
With no TV/radio on
•
Please describe educational skills that your child practices at home regularly (e.g., reading, crafts, using the
computer).
Reads to parent every day
Works on math every day
Likes to make cookies
Likes to make crafts
Reads to brother/sister every day
Draws pictures with pencil, crayons, markers
Uses the computer every day to do math,
reading
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Page 183
Page 180
•
Does your child have any behaviors that are of concern to you or other family members? If so, please
describe the behavior(s).
Wets bed at night Says, “I wish I were dead” Argues about everything
Breaks things Does not sleep well Refuses to go to bed
Refuses to do homework Tantrums Argues a lot
Is sad Has stomach problems Has allergies
Makes noises when playing Refuses to play with others Babbles to self
Acts without thinking Complains about health Has headaches
Stays alone all the time Is easily distracted Is too serious
Voice is scratchy sounding Does not laugh/smile Stutters
Screams Talks about dying Plays with own sex parts
Does not seem able to finish Says, “Nobody likes me” Bites nails
something Has trouble making Is easily frustrated
Threatens to hurt others decisions
Uses foul language
Does not talk plain
•
What are your child’s special talents or hobbies?
Music
Telling stories
Saying poetry
Coloring
Reading
Dressing up
Riding horses
Memorizing
Bicycling
Remembering
information Cooking Gardening
Art
Writing stories
Photography Working puzzles
•
What are your child’s favorite activities?
•
Does your child have any particular fears? If so, please describe.
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•
How does your child usually react when upset and how do you deal with the behavior?
•
Do you have any particular concerns about your child’s school program this year?
If so, please describe.
•
What are your main hopes for your child this year?
•
Is there other information that would help us gain a better
understanding
of your child?
•
Are there any concerns that you would like to discuss at the next IEP Team meeting?
Thank you for contributing valuable parental insights.
Sincerely,
(IEP Team Coordinator)
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STUDENT PROFILE
INFORMATION
(HAVE STUDENT
COMPLETE
THIS FORM EACH
YEAR)
FULL NAME:
DATE
OF
BIRTH:
ADDRESS:
NAMES
OF
PARENT(S):
YOU
LIVE
WITH
BOTH
PARENTS:
ONE
PARENT:
OTHER
THAN
PARENT:
WHO?
NUMBER
OF
SISTER(S): NUMBER
OF
BROTHER(S):
FAVORITE
SPORT(S):
FAVORITE
SCHOOL
SUBJECT(S):
HOBBIES:
CHURCH:
CLUBS
OR
ORGANIZATIONS
YOU
ARE
A
MEMBER:
SPORTS
YOU
PLAY:
MEDICAL
PROBLEM(S):
DO
YOU
TAKE
MEDICINE? FOR
WHAT?
FUTURE
JOB
OR
PLANS:
CLASSES
YOU
WANT
TO
TAKE
NEXT
YEAR:
1. 2.
3.
4.
5. 6.
7.
8.
Developed by Wilcox County Board of Education, Special Education Department.
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TEACHER’S IEP INPUT SURVEY
Teacher’s Name: Date:
Student’s Name:
Case
Manager:
Subject:
Please give responses to the following items:
1. How does the child participate in class
instructions
(stays on task, answers or responds in class, etc.)?
2. How does he/she interact or get along with peers/teachers?
3. What are some areas or activities that he/she needs to improve on in your class or did not
successfully complete?
4. What were some activities that he/she completed successfully in your class or at school?
5. Did you provide any modifications or
accommodations,
if so, what?
6. Do you think he/she can progress in general education classes without special education services?
If so, explain.
Developed by Wilcox County Board of Education, Special Education Department
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PARENT’S IEP INPUT SURVEY
Parent’s Name: Date:
Student’s Name:
Teacher’s Name:
Please complete the following items and return this form to the above teacher at the school:
1. How does the child participate in home jobs/tasks (stays on task, etc.)?
2. How does he/she interact or get along with family members/classmates/teachers?
3. What are some areas or activities that your child needs to improve or did not complete
successfully at home or school that
you would like to get some support f
or him/her?
4. What were some activities that your child did complete successfully or did well at home or at
school?
5. Other comments, questions, suggestions.
Developed by the Wilcox County Board of
Education,
Special Education Department.
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Assessment of Student Participation in General Education Classes
Student:
Grade:_________ Subject:________________ Class
Period:
Classroom:
Teacher:
Prep Periods: Room
Number: #
of
Students
in
Class:
Assessment
Completed by:
Date:
Instructions:
1. After the student attends the specific general education class for
approximately
one week, the team reviews all the
skills identified in Sections I and II of this assessment tool.
Score + for items that student consistently performs; +/- for items that
student does some of the time but not consistently; - for items that student
never or very rarely performs; and NA for items that are not appropriate for
the student/class
2. Circle about 5 items that the team identifies as priorities for instructional emphasis for the individual
student.
3. Write objectives for each of the circled items, then design related
instructional
programs.
4. Review student progress on all items at least 2 more times during the school year. Revise as needed.
I. CLASSROOM ROUTINES AND ACTIVITIES
Date:
1. Gets to class on ti
m
e.
2. Gets sealed in class on
t
i
m
e.
3. Perfo
r
m
st
r
a
n
sitional activi
t
ies du
r
ing class in
r
espo
n
se to
situational cues (e.g., changes in seating, activity).
4. Begins tasks.
5. S
t
ays on
t
ask.
6.
Par
t
icip
a
tes
in so
m
e regula
r
class ac
t
ivities withou
t
adaptations.
7. Te
r
m
inates tasks.
8. Tolerates
out-of-the-ordinary
changes in
classroom
routine.
9. Follows class rules.
10.
Locates/b
r
ings
m
ate
r
ials to class as needed.
11. Sha
r
es
m
ate
r
ials with peers when app
r
opriate.
12. Uses
m
ate
r
ials fo
r
thei
r
in
t
ended purpose.
13. Puts
m
ate
r
ials away afte
r
use.
14. Uses
classroom
materials and equipment safely.
15. Wo
r
ks
coo
p
e
r
a
t
i
v
ely
with a pa
r
tne
r
.
16. Wo
r
ks
coo
p
e
r
a
t
i
v
ely
with a s
m
all group.
17. Perfo
r
m
s co
m
peti
t
ive lea
r
n
ing tasks.
18. Readily accepts assistance.
19. Evaluates quality of o
w
n
w
o
r
k (given a
m
odel).
20. Copes with
criticis
m
/correction
w
it
h
ou
t
inciden
t
and
t
r
ies an
alternative behavior.
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Assessment of Student Participation in General Education Classes
Page 189
Page 186

Date:
21. Interacts with peers:
a. responds to others
b. initiates.
29. Followsdirections:
a. for curricular tasks
b. for helping tasks/errands
c. given to the student individually
d. given to students as a group
22. Interacts with the
classroom
teacher:
a. responds to the teacher
b. initiates
30. States o
r indicates:
a. don’t know/don’t understand
b. when finished with an activity.
23. Uses social greetings:
a. responds to others
b. initiates
31. Orie
nts towardthespeaker or other
source of input..
24. Uses farewells:
a. responds to others
b. initiates.
32. Secures listener attention before
communicating.
25. Uses expressions of politeness
(e.g., please, thank you, excuse me):
a. responds to others
b. initiates
33. Maintainseyecontact with the listener
when speaking
26.
Participates
in joking or teasing
a. responds to others
b. initiates
34. Takes turns
communicating in
conversation
with
others.
27. Makes choices and indicates
preferences:
a. responds to others (cue or questions)
b. initiates
35. Gives feedback.
a. gives positive feedback
b. gives negative feedback
28. Asks questions
a. asks for help
b. asks for information
(e.g., c
larification,
feedback)
36. Uses appropriate gestures and body
movements when interacting with
others.
37. Uses appropriate
language/vocabulary/topic
of
conversation.
38. Uses intelligible speech (volume, rate,
articulation, etc.)
Comments:
II. SOCIAL AND
COMMUNICATION
SKILLS
Date:
Figure 5.2
Classroom
assessment tool. (From Macdonald, C., & York, J.
[1989].Assessment,
objectives, instructional programs. In J. York, T. Vandercook,
C. Macdonald, & S. Wolff [Eds.], Strategies for full inclusion [pp. 83-116]. Minneapolis: University of Minnesota, Institute on Community Integration;
reprinted by permission.)
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Process 1: Referral Through IEP Implementation
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ABC
OBSERVATION
FORM
STUDENT’S NAME: OBSERVATION DATE:
OBSERVER: TIME:
ACTIVITY: CLASS PERIOD:
BEHAVIOR:
ANTECEDENT BEHAVIO
R
CONSEQUENCE
FROM: Addressing Student Problem Behavior, An IEP Team’s
Introduction
to Functional Behavioral Assessment
and Behavior Intervention Plans (2
nd
edition). Center for Effective
Collaboration
and Practice.
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Page 191
Page 188
ABC OBSERVATION FORM
STUDENT:
OBSERVER:
DATE:
TIME:
ACTIVITY:
Context of Incident:
Antecedent:
Behavior:
Consequence:
Comments/Other
Observations:
FROM: Addressing Student Problem Behavior, An IEP Team’s
Introduction
to Functional Behavioral Assessment and Behavior Intervention
Plans (2
nd
edition). Center for Effective
Collaboration
and Practice.
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Process 1
Referral Through IEP
Implementation
Frequently Asked
Questions
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INTERVENTION STRATEGIES
1-1. Do intervention strategies in the regular education classroom apply to students referred for
speech or language impairments?
Intervention strategies are required for students referred for a suspected language disability but may be
waived for students suspected of having articulation, voice, or fluency problems.
1-2. Is progress monitoring in the regular education classroom required for students referred for a
speech or language impairment?
Progress monitoring does include initial articulation, voice or fluency referrals but does not include
language referrals since children referred for suspected language problems must participate in RtI.
1-3. If a student is SLI for articulation only and is experiencing academic difficulties, does he/she
need to go through the PST and interventions before doing further testing?
No. The student has already been determined eligible for special education services and is, therefore,
eligible for any service that the IEP Team determines is required after appropriate evaluations have
been completed (Process Chart 3). The IEP Team may determine that the reevaluation process
(Process Chart 2) would be appropriate to determine if a different disability area more accurately
represents the difficulties the child is experiencing.
1-4. How do you handle summer referrals by parents?
Remember that intervention strategies in the regular education classroom may be waived for parent
referrals. The IEP Team must meet to act on parent referrals in the summer. If the IEP Team
believes that more information is needed, the interventions can be implemented when school begins.
Otherwise, the public agency proceeds with the evaluation. The public agency must document the
decision in the student folder in SETS.
1-5. Can children who have less than eight weeks of interventions be referred for special education
services?
Before a child is referred for special education evaluation or concurrently during the evaluation
process, intervention strategies must be implemented in the general education program and monitored
by the Problem-Solving Team (PST) for an appropriate period of time (a minimum of eight weeks),
and be determined unsuccessful. This rule may be waived for a child who has severe problems that
require immediate attention, for three- and four-year olds, for five- year olds who have not been in
kindergarten, for children with articulation, voice, or fluency problems only, for children with a
medical diagnosis of traumatic brain injury, and for a child who has been referred by his or her
parents. AAC 290-8-9.01(4).
1-6. How long should an intervention be implemented for those students who need immediate help?
(Example: severe behavior problems)
The requirement of intervention strategies may be waived for a child who has severe problems that
require immediate attention. AAC 290-8-9-.01(4).
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Process 1: Referral Through IEP Implementation
1-7. When a parent contacts school personnel about concerns or a referral for a child, can the public
agency talk to the parent about intervention strategies before an actual referral?
Yes, school personnel are strongly encouraged to discuss the options with parents on a case-by-case
basis. However, keep in mind that the interventions may be waived for a parent referral per the AAC
290-8-9-.01(4). In addition, SES recommends intervention strategies be provided during the
evaluation process if a determination is made to proceed with an initial evaluation.
1-8. Can interventions be done for four weeks if the school is on the block schedule?
No. The AAC does not allow for shortening the length of time for intervention strategies.
1-9. Are intervention strategies required for three- and four-year-olds?
No, intervention strategies may be waived for this age group and for five-year-olds who have not
entered kindergarten. See AAC 290-8-9.01(4).
REFERRAL
1-10. If a public agency receives a referral without intervention strategies in the regular education
classroom does the timeline start?
The timeline starts when the public agency receives a signed consent for initial evaluation from the
parent.
1-11. If the parent insists that interventions be waived due to the serious nature of his/her child’s
problems, can the referral be accepted without intervention strategies?
Yes, intervention strategies may be waived for a child who has severe problems that require
immediate attention.
Waiver of intervention strategies is addressed in AAC 290-8-9.01(4). However, the IEP Team (not one
member) makes the decision regarding the need to evaluate the student. If the IEP Team believes there
is reason to suspect a disability and the situation is one included in the waiver statement, the IEP Team
may proceed without intervention strategies. The SES Section does encourage LEAs to provide the
interventions during the evaluation process so that there is data to rule out the lack of appropriate
instruction in reading and math.
1-12. Who can make a referral?
The parent of a child or a public agency may initiate a request for an initial evaluation to determine if
the child is a child with a disability.
1-13. If apparent makes a referral directly to an individual school via telephone, mail, and/or
conference, is the local school personnel allowed to refer the parent elsewhere? For example:
may a public agency representative direct the referring person to the special education central
office?
This is a public agency decision. The SES Section suggests that each school have someone who is
knowledgeable about the referral process.
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Process 1: Referral Through IEP Implementation
1-14. What are the avenues for making a referral for an evaluation?
A referral may be made in several different ways, some of which include the following:
a.
A referral may be made over the phone, whereby, the public agency would be responsible for
completing a Referral for Evaluation form.
b.
A referral may be received through the mail. When this occurs, the public agency should call the
referring person and complete a Referral for Evaluation form.
c.
A referral may be made during a personal conference. When this occurs, public agency personnel
should complete a Referral for Evaluation form.
d.
A Referral for Evaluation form may be submitted by school personnel, e.g., classroom teacher,
guidance counselor, bus driver, etc.
e.
A public agency must obtain information and complete a written referral for any parent who is
1-15. When a school-based secretary receives a telephone call from a parent wishing to have his/her
child tested for special education services, does this mean that the referral has officially been
received and the 60-calendar day timeline begins?
No. The 60-calendar day timeline begins when the public agency receives signed parental consent for
the initial evaluation.
1-16. May a public agency wait until a child's third birthday to act upon a referral? Example: A
public agency receives a referral on a 30-month-old child. Would the public agency wait until the
child is three years of age before acting on the referral?
No. A public agency must act upon all referrals in a timely manner once received. Children
transitioning from EI must be evaluated and if eligible, must have an IEP implemented on the child’s
third birthday.
1-17. When does a referral for an evaluation become official?
The referral becom
es official on the date it is received via phone, mail, conference, or when a written
referral form is submitted to any education personnel (e.g., secretary, guidance counselor, principal,
etc.)
1-18. After the public agency receives a referral, is there a timeline between the receipt and the
acceptance of the referral?
No, not a specific timeline; however, it should be acted on in a timely manner.
1-19. When does the 60-calendar day timeline begin?
Day one of the timeline is the day the public agency receives a signed Notice and Consent for Initial
Evaluation form from the parent. The public agency has 60-calendar days to complete the initial
evaluation. The initial evaluation must be completed on or before day 60. The SES Section uses the
field Final Completion Date of All Evaluations to determine if the timeline was met. The public
agency has 30-calendar days from the completion of the initial evaluation to determine eligibility. The
public agency has 30-calendar days from eligibility determination to develop an IEP.
1-20. May the public agency stop receiving referrals for special education evaluations in the spring?
No. Referrals are to be received and acted upon year-round by the public agency.
1-21. Must the publi
c agency receive a referral from a parent when there is no clear evidence of a
problem?
Yes. The public agency must receive a referral from a parent when submitted. Once submitted, an IEP
Team meeting is scheduled to discuss the referral. The parent is a member of the IEP Team and must
be invited to participate in this meeting. The IEP Team reviews the referral and existing data and
determines if there is a need for an evaluation.
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Process 1: Referral Through IEP Implementation
1-22. What happens if the IEP Team determines that the referral is not substantiated?
If the IEP Team determines that the student does not need to be evaluated for special education
services, the Notice of Proposal or Refusal to Take Action form must be used to document the IEP
Team’s decision not to accept the referral for evaluation and a copy must be given to the parent and
student (age 19 and older).
1-23 Must the public agency keep documentation on a student who is not going to be evaluated?
Yes. It is a requirement that the public agency keep documentation on all students who are referred for
an evaluation for special education, even if it was determined by the IEP Team that an evaluation was
not necessary at that time. The public agency should keep the original referral form and a copy of the
Notice of Proposal or Refusal to Take Action form to document the process in SETS.
1-24. Will the Natural Environment Observation/ELPP Documentation and Family Focus Interview/
ELPP Documentation be added to SETS?
There are no plans to add the two items to SETS. The forms are designed to be used in situations
where computer access may not be available (i.e., daycare centers) or where it may be awkward to use
a computer (i.e., during a parent interview).
1-25. Will SETS have special transfer forms for out-of-state students in the transfer process?
No. If an evaluation is necessary for an out-of-state transfer it is an initial evaluation. An evaluation
for an out-of-state student will be documented in the Referral Process. If an evaluation is necessary for
in-state transfer for students who are already IDEA eligible, it is a reevaluation. An evaluation for in-
state transfers will be documented in the Reevaluation Process.
1-26. What process do you use for an out-of-state transfer that meets Alabama criteria?
The Referral Process as OSEP considers this an initial evaluation.
1-27. How do we document parental participation in a meeting if they participate by phone?
Participation should be documented on hard copy forms and in SETS, on the parent signature line
write, “parent participated by phone.”
1-28. How do we document the parent chose to participate by phone, but at the time of the meeting
they did not answer the phone?
If the parent said they were going to participate in the meeting by phone and did not participate,
document that the parent was unavailable by phone and proceed with the meeting.
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INITIAL EVALUATION
1-29. If there is one check on the Referral for Evaluation, Environmental Cultural, and/or Economic
Concerns Checklist (ECEC) section, does that disqualify the student for special education
services?
Not necessarily. If there are checks on the ECEC section of the Referral for Evaluation, the IEP Team
should carefully consider whether these factors, rather than a learning deficit, inhibit the learning
process. If the IEP Team determines that it does, then the checked areas may be a disqualifying factor
for special education services.
1-30. On the ECEC Checklist, how many items must be checked and in how many areas before saying
that the disability is related to environment, culture, or economic concerns?
Any and all areas checked on the ECEC Checklist should be considered. Consideration of the
statements on the ECEC checklist is critical when examining patterns of strengths and weakness for
specific learning disabilities. No single area or number is required in order to indicate that there is a
problem or to identify a child with a disability. Any checked area should assist the IEP Team with the
decision to evaluate or not. If the decision is to evaluate, the areas noted should assist the IEP Team in
choosing assessment instruments.
1-31. What if adaptive behavior scale scores that come from home and school are very high scores
when determining eligibility for an intellectual disability (ID)?
The total score on at least one adaptive behavior scale must be at least two standard deviations below
the mean (70 or below).
1-32. What option does a public agency have when a parent does not attend the meeting to complete
the parent interview for the adaptive behavior assessment and the public agency did make two
attempts to get the parent to attend?
The public agency may try a home visit, parent-teacher conference, telephone interview or other
mutually agreed upon arrangements. The public agency must make two attempts to have the parent
complete the home version of the adaptive behavior scale within 60 days of receiving parental consent
for initial evaluation and document such attempts on the eligibility report. However, the absence of a
home version of the adaptive behavior scale must not delay the evaluation determination timeline. If a
home version of the adaptive behavior scale is not obtained, a second school version must be
completed.
1-33. Can we send the adaptive behavior scale home to be completed?
Yes. The home version may be sent home if it is mutually agreed upon by both the parent or guardian
and the public agency and if the scale does not require a face-to-face interview. If a home version of
the adapted behavior scale is not completed after two documented attempts, a second school version of
the adapted behavior scale must be completed. It is the responsibility of the public agency to ensure
that the parent receives the assistance needed to complete the adaptive behavior scale.
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1-34. If a parent demands that a student be evaluated, do you have to do the battery of formal
assessments including an IQ test, or can you use informal screeners (e.g., SlossonR-3, K-BIT-2)
and achievement tests (i.e., WRAT-4, PIAT-R) while gathering information?
Even though intervention strategies are being implemented, the evaluations outlined in the AAC are
the required minimum evaluative components. Screeners and short (or brief) forms are not sufficient
to determine eligibility. Screeners only indicate what areas need to be evaluated further.
1-35. Can the UNIT be used to help determine eligibility for an intellectual disability or for a specific
learning disability?
Yes. The UNIT is a nontraditional intelligence test that may be used for any disability area, if
determined appropriate. Remember, the IQ score is just one part of an evaluation.
1-36. What assessment instruments may be used to determine eligibility for DD for older students
since many developmental scales do not go beyond age seven?
The IEP Team makes the decision as to the specific assessment instruments which follow the
evaluation criteria in the AAC. All five domains must be evaluated using a standardized, norm-
referenced instrument(s). The IEP Team may choose to use a different instrument for each domain if a
single instrument is not available. For students, ages 7-8, the IEP Team may have to use separate tests
for each domain or consider another disability area.
1-37. May the Vineland Adaptive Behavior Scale II be used as a multi-domain instrument to evaluate
motor, communication, social, and adaptive skills?
No. The Vineland Adaptive Behavior Scale II is a standardized, norm-referenced measure of adaptive
behavior skills only. The social, motor, and communication scores are subtests that comprise adaptive
behavior on this instrument. Only the total score can be used to determine if a student is eligible for
special education services.
1-38. If you get consent
for evaluation from a parent in one public agency and the student moves to
another public agency, is the consent still in effect?
Yes, if the consent was from another public agency in Alabama.
1-39. Do evaluations ha
ve to be conducted in the summer?
The referral-to-placement process continues in the summer. The public agency may need to make
arrangements to have personnel available during the summer months to serve on an IEP Team and
Eligibility Committee in the event referrals are received during the summer and consent to begin the
evaluation process is received from the parent.
1-40. How long may the p
ublic agency wait for the parent to obtain a follow-up evaluation on a vision
or hearing screening failure?
It is not the responsibility of the parent to obtain follow-up evaluations from hearing or eye specialists.
It is the responsibility of the public agency to schedule, arrange, and secure any necessary follow up.
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1-41. What if a failure in vision and/or hearing screening causes the evaluation process to exceed the
60-calendar day timeline?
The public agency will be overdue with the timeline. An exception is when the parent repeatedly fails
or refuses to produce the student for the evaluation. Follow-up evaluations must be completed when a
student fails a vision or hearing screening. Every effort must be made to complete all evaluations
within the 60-day timeline. If there are delays, the actions taken to obtain the evaluation should be
documented in the student's record. Use the “Annotate” process in SETS for this documentation.
1-42. Does the public agency have the responsibility to obtain hearing aids or glasses that are
recommended by a specialist?
If the items are necessary to complete the required evaluations and for the student to receive FAPE,
then it is the responsibility of the public agency to ensure that corrective measures are provided. When
corrective measures (i.e., glasses, hearing aids, or other appropriate remediation) are indicated, these
must be provided before any further evaluations are attempted to ensure valid results. The cost for any
evaluations and/or corrective measures becomes the responsibility of the public agency. The public
agency may contact other local agencies for assistance in providing glasses/hearing aids (Children's
Rehabilitation Services, Lion's Club, etc.)
1-43. When is it appropriate to administer a functional vision or hearing screener?
A functional vision/auditory response screener is appropriate if the student:
a.
Fails the vision/hearing screening and rescreening is unwarranted due to the functioning level of
the student.
b.
Cannot follow directions.
c.
Is unable to be conditioned for the testing situation.
d.
Is unable to adapt to the screening situation.
e.
Refuses to cooperate in the screening situation.
1-44. Can a public agen
cy use results from mass vision and hearing screening for initial eligibility
purposes?
Yes. If the screening has been done within one year, the results may be used for an initial evaluation.
If there is a question about hearing or vision, a screening will need to be repeated before the other
assessments are administered and/or completed to ensure that results obtained are valid.
1-45. Is the public agency ex
pected to complete three behavior rating scales on students suspected of
having an emotional disability?
Yes. The administration of at least three of the same behavior rating scales must be completed by three
or more independent raters, one of whom may be the parent or the child, and who have had knowledge
of the child for at least six weeks.
1-46. What is the difference between speech or language disabilities?
Speech refers to communication disorders in the area of articulation, voice, and/or fluency. Language
refers to a language disability that adversely affects a child’s educational performance. Language
usually involves syntax, semantics, and/or pragmatic errors.
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1-47. May parents revoke their consent for evaluation at any time?
The parent has the right to revoke consent for the evaluation; however, revoking consent does not take
away any action that has already occurred. If the parent revokes consent for an evaluation, the public
agency has two options:
a.
Accept the parent's justification as valid and do not proceed with any further evaluations.
b.
Request mediation, and/or an impartial due process hearing to override the revocation if the public
agency continues to believe the child is a child with a disability who is in need of special
education and related services. However, the agency does not violate its obligations for Child Find
if it does not pursue the evaluation.
1-48. Do you have to get consent from the parents to request records from the public agency the
student has transferred from?
Parental consent is not required for the transmission of special education records between public
agencies. Parental notice is required. A sample form is on the SES homepage under Forms.
1-49. What options are available when an out-of-state transfer student cannot produce an IEP, and
the parent is the only source for identifying “comparable” services?
a.
The new public agency in which the child enrolls must take reasonable steps to promptly obtain
the child’s records, from the previous public agency in which the child was enrolled (including the
IEP and supporting documents and any other records relating to the provision of special education
or related services).
b.
The previous public agency in which the child was enrolled must take reasonable steps to
promptly respond to such request from the new public agency.
c.
When a child with a disability who had an IEP that was in effect in a previous public agency in
another state transfers within the same school year and enrolls in a new school, the new public
agency, in consultation with the parents, must provide the child with FAPE,
d.
The new public agency must provide services comparable to those described in the previously
held IEP, until such time as the new public agency conducts a new evaluation.
e.
The new public agency must evaluate, if necessary, and determine eligibility.
f.
When an evaluation is determined to be necessary by the IEP Team, that evaluation will be
considered to be an initial evaluation.
g.
If the parents refuse consent for the initial evaluation, the public agency may, but is not required to
initiate mediation and/or a due process hearing to override the parents’ refusal.
1-50. When a student transfers from out-of-state do you have to honor the IEP from the other State?
If a student with a disability (who had an IEP that was in effect in a previous public agency in another
state) transfers to a public agency in a new state, and enrolls in a new school within the same school
year, the new public agency (in consultation with the parents) must provide the student with FAPE
(including services comparable to those described in the student’s IEP from the previous public
agency), until the new public agency:
a.
Conducts an evaluation (if determined to be necessary by the new public agency); and/or
b.
Develops, adopts, and implements a new IEP, if appropriate.
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1-51. Is it permissible for a public agency to require that a student with a disability who transfers
from another state with a current IEP that is provided to the new public agency remain at home
without receiving services until a new IEP is developed by the public agency?
No. If a student with a disability (who had an IEP that was in effect in a previous public agency in
another state) transfers to a public agency in a new state, and enrolls in a new school within the same
school year, the new public agency (in consultation with the parents) must provide the student with
FAPE (including services comparable to those described in the student’s IEP from the previous public
agency), until the new public agency:
a.
Conducts an evaluation (if determined to be necessary by the new public agency); and/or
b.
Develops, adopts, and implements a new IEP, if appropriate.
Thus, the public agency must provide FAPE to the student when the student enrolls in the school in
the public agency in the new state, and may not deny services to the student pending the development
of a new IEP.
1-52. Do public agencies have a time limit on facilitating the transfer of student records?
The new public agency in which the student enrolls must take reasonable steps to promptly obtain the
student’s records, including the IEP and supporting documents and any other records relating to the
provision of special education or related services to the student, from the previous public agency in
which the student was enrolled, and the previous public agency in which the student was enrolled must
take reasonable steps to promptly respond to the request from the new public agency. If hard copies of
records are requested by the new public agency, SES recommends the records be delivered within ten
days of the request. (With the transfer process in SETS hopefully there will not be a need to transfer
hard copies of records.)
1-53. What is the timeline for the receiving public agency to adopt an IEP from a previous public
agency or to develop and implement a new IEP?
The federal regulations do not establish timelines for the new public agency to adopt the student’s IEP
from the previous public agency or to develop, adopt, and implement a new IEP. However, the new
public agency must take the steps within a reasonable period of time to avoid any undue interruption
in the provision of special education and related services.
1-54. Who should make the decision as to the battery of tests to be administered when looking at
testing specific areas of achievement?
The IEP Team decides which type of testing is needed (e.g., intellectual, achievement, speech) and the
psychometrist chooses the most appropriate assessment for the student after reviewing information
provided by the IEP Team. The IEP Team may recommend particular instruments to be used, the IEP
from the previous public agency or to develop, adopt, and implement a new IEP.
1-55. Do you complete a referral form on a child who transfers from out-of-state?
A referral form is not required. The initial referral process should be followed. However, the public
agency may require a referral form to be completed. Refer to the out-of-state transfer charts to
determine where to begin in the referral process.
1-56. Can the Family Focus Interview/ELPP Documentation form be used for eligibility as the
structured interview with autism?
Yes.
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1-57. How do we document parental participation in a meeting if they participate by phone?
To document parent
participation by phone on hard copy forms and in SETS, on the parent signature
line write, “parent participated by telephone.”
1-58. How do we document the parent chose to participate by telephone but at the time of the meeting
they did not answer the telephone?
If the parent said they were going to participate in the meeting by phone and did not participate,
document that the parent was unavailable by telephone.
1-59. What is the timeline between parental consent to determine initial eligibility and IEP?
a.
Timeline begins on the date the signed and dated Notice and Consent for Initial Evaluation is
received by the public agency.
b.
The public agency must complete the evaluation as soon as possible but no later than 60 days. (The
date the Notice and Consent for Initial Evaluation is received is counted as day 1 + 59 days.)
c.
Eligibility determination must be made within 30 days from the date of the completion of the last
evaluation.
d.
The IEP meeting must be held within 30 days from the date of the eligibility determination.
1-60. If a biological p
arent refuses to give consent for an initial evaluation of the child, may a foster
parent give the consent?
No. A foster parent cannot give consent for an initial evaluation unless a court has designated the
foster parent to make education decisions for the child in accordance with state law and if the parental
rights of the biological or adoptive parent have been terminated in accordance with state law.
ELIGIBILITY PROCESS
1-61. Who makes the eligibility decision?
There are two choices in team selection for making eligibility decisions. If the choice is the Eligibility
Committee, it must be comprised of a group of qualified professionals including the parent. This will
necessitate an additional meeting by the IEP Team to develop the IEP for an eligible student. If the
IEP Team is used to determine eligibility and the student is determined eligible, that team may also
develop the IEP at the same meeting if the Notice and Invitation to a Meeting/Consent for Agency
Participation form informed the parent this might take place by checking it as a purpose of the
meeting or if the parent is in attendance and in agreement to move forward. All purposes of the
meeting must be documented.
1-62. Can a student recei
ve special education services during the evaluation process while the system
is waiting to determine eligibility?
The only way a student may receive services during the evaluation process is if he/she is an out-of-
state transfer student and the public agency is implementing the previous IEP until eligibility in
Alabama has been determined.
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1-63. How many assessments must be available to determine eligibility?
The IEP Team determines what evaluations the student will receive; however, at a minimum, the
required evaluative components outlined in the AAC must be administered. The evaluation(s) must be
sufficiently comprehensive to identify all of the child’s special education and related service needs,
whether or not commonly linked to the disability category in which the child has been identified.
Professional judgment should be used to determine if the results of any of the required evaluations are
reliable sources of information or if other assessment data may prove to be more accurate indicators of
the child’s level of functioning. The IEP Team may determine, on a case by case basis, that other
evaluations are needed.
1-64. What are the requirements for the eligibility determination of students suspected of having a
specific learning disability?
When determining whether a child has a specific learning disability, a public agency is not required to
take into consideration whether a child has a severe discrepancy between intellectual ability and
achievement. A public agency may use a process based on the child’s response to scientific, research-
based intervention (RtI). A public agency may use other alternative research-based procedures for
determining whether a child has a specific learning disability such as Patterns of Strengths and
Weaknesses (PSW).
Refer to the AAC, 290-8-9.03(10) for all the requirements.
1-65. When must children with disabilities who become three years old be served?
For children who a
re transitioning from Part C (Early Intervention) to Part B (preschool program), the
public agency is required to make FAPE available to each eligible child residing in its jurisdiction no
later than the child’s third birthday and have an IEP implemented by that date. If the child’s third
birthday occurs during the summer months, the child’s IEP Team will determine when special
education services will begin. The public agency must participate in a transition planning conference
arranged by the Early Intervention (EI) service provider in order to experience a smooth and effective
transition to preschool programs in a timely manner.
1-66. When do services begin if a parent referral is made for a child who is older than 30 months?
If a parent referral is made for a preschool child who is older than 30 months, the public agency has
60-calendar days from receipt of parental consent to complete the initial evaluation. The public agency
has 30-calendar days from completion of the evaluation to determine eligibility and 30-calendar days
from eligibility determination to complete the IEP process. The timeline begins once the public agency
receives consent from the parent for the initial evaluation. This may mean the services begin after age
three.
1-67. Can a student be eligible in the area of spelling for a Specific Learning Disability?
No. Spelling is not one of the areas listed in the criteria for SLD.
1-68. If a student receives an extremely low IQ score (52), but a higher adaptive behavior score (85-
93), and in addition, the parent does not want special education services, but instead insists on
Section 504 plan, what do you suggest?
If a student does not meet the eligibility criteria for intellectual disability or any other disability area
outlined in the AAC, the student must be determined ineligible for special education services.
Ineligibility for special education does not automatically qualify a student for protection under Section
504 of the Rehabilitation Act of 1973.
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1-69. What is the age limit for a child to be considered eligible in the disability area of Developmental
Delay (DD)?
A child may be determined eligible under the disability area DD at age three. A child identified with
DD must be reevaluated prior to his or her ninth birthday to determine continued eligibility for special
education services.
1-70. May a student who is eight years old be determined eligible for DD as an initial eligibility
decision and/or as a reevaluation decision?
Yes. However, the IEP Team may want to consider another area of disability since the student can no
longer be eligible for DD at age nine. A student determined eligible for DD at age eight would have to
go through the reevaluation process prior to the ninth birthday to determine eligibility for another area
of disability in special education.
1-71. Regarding eligibil
ity determination, does the IEP Team/Eligibility Committee decision have to
be unanimous?
No. However, any me
mber stating that the report does not reflect his or her conclusions must submit a
separate statement presenting his or her conclusions.
1-72. What is the process if
there is dissension among the IEP Team/Eligibility Committee members
regarding eligibility determination?
Eligibility determination is a team decision. Any member in disagreement may sign in the appropriate
place on the eligibility report and attach a dissenting statement.
1-73. How does the public agency respond when a parent or teacher requests that a student be
removed from special education?
a.
If the parent makes the request to remove the child from special education, the public agency
must obtain a signed Notice of Revocation of Consent for Continued Provision of Special
Education and Related Services form and provide notice to the parent before ceasing services.
b.
If a teacher makes the request for a student to be exited from special education, the request must
be forwarded to the IEP Team for resolution. The IEP Team/Eligibility Committee must meet to
consider eligibility or ineligibility for special education by following Process Chart 2. If it is
determined that the student is no longer eligible for special education services, an eligibility report
is completed and the student is exited from special education. However, if the IEP
Team/Eligibility Committee finds that the student continues to be eligible for special education
services, the student continues to receive special education and related services.
1-74. Are there eligibility exceptions to the transition requirements for incarcerated students in adult
prisons?
Yes, transition services are not required if the incarcerated individual’s eligibility for services will end,
because of his/her age, prior to his/her release from prison based on consideration of his/her sentence
and eligibility for early release.
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1-75. Is it true that Multiple Disabilities is intended only for children who have severe and profound
disabilities or can it mean merely those who qualify for two or more disability areas?
Multiple Disabilities means concomitant impairments (such as intellectual disability-blindness, or
intellectual disability-orthopedic impairment), the combination of which causes such severe
educational needs that cannot be accommodated in special education programs solely for one of the
impairments.
1-76. Do we need to do a new eligibility report if we need to add something?
Yes, a new eligibility report must be completed each time the student is reevaluated for continued
eligibility.
1-77. How do we document parent participation in a meeting if they participated by phone?
To document parent participation on hard copy forms and in SETS, on the parent signature line write,
“parent participated by phone.”
1-78. How do we document the parent chose to participate by phone, but at the time of meeting they
did not answer the phone?
If the parent said they were going to participate in the meeting by phone and did not participate,
document that the parent was unavailable by phone.
1-79. A child was determined eligible and the parent did not consent to services at the time. One year
later, the parent wants services. What do we do?
The child is still an eligible child. If the parent wants services, reactivate the information in SETS, get
a Notice and Consent for Provision of Special Education Services form signed and move forward with
developing an appropriate IEP and document in the annotate process what occurred. If the child needs
to be reevaluated, follow Process Chart 2, Reevaluation to Determine Continued Eligibility.
1-80. A child was served in a public agency in Alabama. The child left and attended private school or
was home schooled for a year or two. The child returned to a public agency. Is this an initial
evaluation or a reevaluation?
If an evaluation is necessary, it would be a reevaluation unless the child had been determined
ineligible; the parent revoked consent and then requested an evaluation at a later date; and/or the child
moved out-of-state and returned to Alabama.
1‐81. For a fluency or voice evaluation, should “Speech” be checked on the Notice and Consent for
Initial Evaluation or on the Notice and Consent for Reevaluation?
No, the SDE suggests checking “Other” and writing “fluency assessment,” “voice assessment,” or
similar.
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1-82. Does checking “Speech” on the Notice and Consent for Initial Evaluation or on the Notice and
Consent for Reevaluation give the LEA permission to conduct assessments in each of the
minimum evaluative components for articulation prescribed in the AAC?
Yes, the five evaluative components prescribed in the AAC and listed below are inherent in the
assessment in the area of articulation. However, the entire IEP Team should be informed about and
understand each component of the assessment.
1.
Articulation/Phonological Disorder.
(i)
A minimum of one standardized or formal measure that assesses the child's articulation/
phonological skills.
(ii)
Written documentation of a stimulability assessment as part of the standardized or formal
measure or as a separate assessment.
(iii)
Written documentation of the impact of intelligibility on connected speech.
(iv)
Written documentation of an examination of oral structures and functioning.
(v)
The eligibility team must obtain written documentation from the child’s teacher and/or
caregiver that the child’s articulation skills adversely affect his or her involvement and/or
progress in the general education curriculum and/or environment.
AAC 290-8-9.03(11)(c)1.(i-v)
1-83. How should an SLP document the results of a standardized articulation assessment?
The following criteria must be met for eligibility for SLI in the area of articulation from the AAC: “(ii)
Errors are primarily characterized by substitutions, distortions, additions, and omissions. Phonological
errors are in excess of developmental expectations and nondevelopmental processes may be noted.
Errors are not stimulable. Connected speech may be unintelligible or may be intelligible only to
familiar listeners or within known contexts.” (p. 520) In order to document the above requirement,
ALL articulation errors apparent during the articulation evaluation should be listed specifically on the
Notice and Eligibility Decision Regarding Special Education Services form. Documentation of
standard scores alone is not sufficient to provide required documentation.
1-84. A student with an exceptionality area other than SLI has been receiving speech-language
services. The child continues to need other special education services, but the IEP Team
determines that the child no longer requires speech-language services. What is the process to
discontinue the speech- language services only?
Since the child has an exceptionality other than SLI, the IEP Team’s decision should be data driven
and should be documented on the Profile Page of the IEP. The IEP Team may make such a change at
the annual IEP meeting/review or through the Amendment Process (follow Process Chart 5 of
Mastering the Maze). A Notice of Proposal or Refusal to Take Action form should also be used to
document a change in services.
1-85. Do we have to send the Notice and Eligibility Decision Regarding Special Education Services and
the Notice of Proposal or Refusal to Take Action forms every time we make an eligibility
determination?
The Notice and Eligibility Decision Regarding Special Education Services form is sufficient if all
sections are completed accurately. This form is a notice and, therefore, meets the notice requirements,
including other options considered, etc.
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1-86. If a child is determined to be eligible for special education services under any disability area
(other than SLI), standard scores on a language assessment need to be below 70 to receive
language as a related service?
No. If a child is determined to be eligible for special education services, he/she may receive any
service the IEP Team determines is necessary for him/her to benefit from those services. There is no
standard score required for the child to receive language as a related service. An eligible child may
receive language as a related service if the IEP Team determines it necessary for FAPE, regardless of
his or her standard score on a language assessment.
Individualized Education Program
1-87. When must an IEP be in effect for a student with a disability?
a.
At the beginning of each school year, each public agency must have in effect, for each student
with a disability within its jurisdiction, an Individualized Education Program (IEP).
b.
A meeting to develop an IEP for a student is conducted within 30 days of a determination that the
student needs special education and related services; and
c.
As soon as possible following development of the IEP, special education and related services are
made available to the student in accordance with the student’s IEP. The IEP may be developed at
the same meeting at which eligibility is determined, as long as prior written notice was provided.
d.
For a child transitioning from Early Intervention (EI), an IEP must be developed and implemented
by the child’s third birthday.
2-88. Must those invited to the IEP Team meeting be present for the entire IEP meeting?
A member of the IEP Team is not required to attend an IEP Team meeting, in whole or in part, if the
parent of a student with a disability or student (age 19 or 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 at the meeting. A member of the 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 or older), and the public agency consent to the excusal in writing; and
the member submits, in writing to the parent or student (age 19 or older) and the IEP Team, input into
the development of the IEP prior to obtaining consent for the excusal of the IEP Team member.
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1-89. If service providers such as Occupational Therapists and Physical Therapists cannot attend the
IEP Team meeting, do they have to get consent in writing to be excused from IEP Team
meetings?
No. Only the required public agency IEP Team members must have written consent to be excused
from the IEP Team meeting. The required public agency IEP Team members are as follows:
a.
Not less than one regular education teacher of the student (if the student is, or may be,
participating in the regular education environment).
b.
Not less than one special education teacher of the student, or where appropriate, not less than one
special education provider of the student.
c.
A representative of the public agency who-:
d.
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; has the
authority to commit agency resources and be able to ensure that IEP services will be provided.
e.
A public agency may designate a public agency member of the IEP Team to also serve as the
agency
representative, if the above criteria are satisfied.
f.
An individual who can interpret the instructional implications of evaluation results, who may
already be one of the above mentioned IEP Team members. The IEP Team is encouraged to seek
input from service providers who do not attend. Each public agency must ensure the student’s
IEP is accessible to each service provider who is responsible for its implementation and is
informed of his or her specific responsibilities related to the implementation of the student’s IEP;
and, the specific accommodations, modifications, and supports that must be provided for the
student in accordance with the IEP.
1-90. Who can serve as a public agency representative?
Any representative of the public agency who:
a.
Is qualified to provide the provision of specially designed instruction to meet the unique needs of
students with disabilities.
b.
Is knowledgeable about the general education curriculum.
c.
Is knowledgeable about the availability of resources of the public agency.
d.
Has the authority to commit agency resources and ensure that IEP services are provided.
A public agency may designate a public agency member of the IEP Team to serve as the agency
representative if the above criteria are satisfied.
1-91. Must there be a publ
ic agency representative present at each IEP Team meeting?
Yes. A representative of the public agency should be in attendance for each IEP Team meeting.
However, according to the excusal clause a public agency representative is a member who may be
excused. Special Education Services highly recommends that public agency representatives attend all
IEP Team meetings.
1-92. Which regular education teachers should attend the IEP Team meeting?
A regular education teacher who has knowledge of the general education curriculum for the grade the
student will be in during the implementation of the IEP and who should be a regular education teacher
of the student (if the student is or may be participating in the regular education environment) should
participate as a team member in the development, review, and revision of the IEP. If more than one
regular education teacher will be working with the student, the public agency representative may
designate who will attend the meeting. The IEP Team is encouraged to seek input from teachers who
do not attend. Each public agency must ensure that the student’s IEP is accessible to each regular
education teacher who is responsible for its implementation and each teacher is informed of his or her
specific responsibilities related to implementing the student’s IEP; and the specific accommodations,
modifications, and supports that must be provided for the student in accordance with the IEP.
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1-93. Who are the required members of an IEP Team?
The public agency must ensure that the IEP Team for each child with a disability includes the
following:
a.
The parents of a child with disability.
b.
Not less than one regular education teacher of the child if the child 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 child’s IEP, including assisting in the
determination of appropriate positive behavioral interventions and supports and other strategies
for the child; and the determination of supplementary aids and services program modifications,
and supports for school personnel.
c.
Not less than one special education teacher of the child, or where appropriate, not less than one
special education provider of the child.
d.
A representative of the public agency who:
1)
Is qualified to provide, or supervise the provision of, specially designed instruction to meet the
unique needs of students with disabilities.
2)
Is knowledgeable about the general education curriculum.
3)
Is knowledgeable about the availability of resources of the public agency. The public agency
may designate an LEA member of the IEP Team to also serve as the public agency
representative, if the criteria for serving as a public agency representative are met.
4)
Has the authority to commit agency resources and be able to ensure that IEP services will be
provided.
e.
An individual who can interpret the instructional implications of evaluation results, who may be a
member of the team described in sections (b) through (d) above.
f.
At the discretion of the parent or the agency, other individuals who have knowledge or
special expertise regarding the child, including related services personnel, as appropriate. The
determination of the knowledge or special expertise of any individual is made by the party who
invites the individual to be a member of the IEP Team.
g.
Whenever appropriate, the student with a disability.
h.
SecondaryTransitionServices Participants. In addition to the participants specified in(a)through(f)
above if a purpose of the meeting is the consideration of the postsecondary goals for the child and
the transition services needed to assist the child in reaching those goals, the public agency must
invite the child and, with the consent of the parents or a child 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 child does not attend the IEP Team meeting the public agency must take
other steps to ensure that the child’s preferences and interests are considered.
i.
Early Intervention Representatives. In the case of a child who was previously served under Part C/
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 in the EI system to assist with the smooth transition
of services.
*Note: In Alabama, 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.
1-94. Who should be invited as the regular education teacher for a preschool child with disabilities?
The requirement is to have the teacher of the child. If a child attends a program in the community, a
licensed service provider of the child (i.e., Head Start teacher, day care provider, church personnel)
must be invited. If there is not a regular teacher of the child, someone who meets state certification
requirements such as kindergarten teacher or other qualified personnel who can provide services to
this age group must be invited.
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1-95. Preschool teachers are invited to attend IEP Team meetings but may not be able to
attend.
How do we go about meeting the requirement to have a regular education teacher at the
IEP Team meeting?
The requirement is to have the teacher of the child. However, if this person cannot attend the
IEP Team meeting, they may participate by conference call or by providing written input. The
IEP Team should have input from the teacher of the child. Teacher input may be gained
through such methods as the Natural Environment Observation/ ELPP Documentation, Family
Focus Interview/ELPP Documentation, teacher records, etc. If the preschool teacher cannot
attend, someone who meets state certification requirements such as kindergarten teacher or
other qualified personnel who can provide services to this age group must be invited.
1-96. What is the role of the regular education teacher at an IEP Team meeting?
A regular education teacher of the child (if the child is, or may be, participating in the regular
education environment) has knowledge of the general education curriculum for the grade the
student will be in during the implementation of the IEP and therefore should participate as an
IEP Team member in the development, review, and revision of the IEP. The regular education
teacher should also assist in the determination of appropriate positive behavioral interventions
and supports, other strategies for the student, supplementary aids and services, program
modifications, and/or accommodations and supports for school personnel, if necessary.
1-97. Which related services provider should be invited to the IEP Team meeting?
Any service provider(s) responsible for implementing services identified in the IEP may be
invited to the IEP Team meeting. If the service provider(s) does not attend the meeting, the
IEP Team should seek input from the service provider(s). The public agency must ensure that
the service provider(s) is informed of his or her specific responsibilities related to
implementing the student’s IEP.
1-98. Can an OT or a PT serve as the special education teacher at an IEP Team meeting?
No. In Alabama, OT and PT services are not considered special education (specially designed
instruction). Therefore, an OT or a PT may not serve in the capacity of the required special
education teacher or special education provider.
1-99. Does a parent or public agency have the option of inviting any individual of their choice
to be participants on a student’s IEP Team?
The parent or the public agency may include individuals who have knowledge or special
expertise regarding the student. The determination as to whether an individual has knowledge
or special expertise shall be made by the parent or public agency who has invited the
individual. The public agency must get consent from the parent or a student who has reached
the age of majority to invite transition agency representatives who would be responsible for
providing or paying for transition services. The public agency also determines which
individuals from the public agency will fill the required IEP Team member’s position.
1-100. If the parent indicates on the request to attend an IEP Team meeting that he/she will
attend, but then calls the day before the meeting and wants to reschedule, what is the
public agency’s responsibility?
The public agency has the responsibility to hold the IEP meeting at a mutually agreed upon
time and location. Therefore, if the parent informs the public agency before the scheduled
meeting that the time, date, or location needs to be changed, the public agency has the
responsibility to reschedule the meeting. If after attempts to reschedule with the parent, the
rescheduling would prohibit the public agency from meeting a timeline (i.e., before the IEP
lapses), the public agency should inform the parent that the IEP Team must meet before the
specified timeline.
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1-101. If the parent ind
icates on the request to attend an IEP Team meeting that he/she will
attend, but then does not come to the meeting, what is the public agency’s
responsibility?
If the parent checks that he or she will meet as scheduled but does not attend, the meeting
may be held as scheduled. Only the purposes of the meeting checked on the Notice and
Invitation to a Meeting/ Consent for Agency Participation form may be discussed.
1-102. What are the requirements for public agencies in regard to parent participation in the
IEP Team meeting?
Each public agency must take steps to ensure that one or both of the parents of a child with a
disability are present at each IEP Team meeting or are afforded the opportunity to participate,
including notifying the parent of the meeting early enough to ensure that he/she will have an
opportunity to attend; and scheduling the meeting at a mutually agreed on time and place. If
neither parent can attend an IEP Team meeting, the public agency must use other methods to
ensure parent participation, including individual or conference telephone calls or alternative
means such as video conferences. A meeting may be conducted without a parent in
attendance if the public agency is unable to convince the parent that he/she should attend. In
this case, the public agency must keep a record of reasonable efforts (at least two attempts) to
arrange a mutually agreed on time and place such as detailed records of telephone calls made
or attempted and the results of those calls, copies of correspondence sent to the parent and
any responses received, and detailed records of visits made to the parent’s home or place of
employment and the results of those visits. The public agency must take whatever action is
necessary to ensure that the parent understands the proceedings of the IEP Team meeting
including arranging for an interpreter for a parent with deafness or whose native language is
other than English. The public agency must provide the parent a copy of the child’s IEP at no
cost to the parent.
1-103. What if a parent continues to check “I want to reschedule a meeting” time after time
and the timeline is running out?
Document all attempts to schedule a mutually agreed upon time for an IEP Team meeting. If
neither parent can participate in a meeting where a decision is to be made relating to the
educational placement of their child, the public agency must use other methods to ensure their
participation, including individual or conference telephone calls or a video conference. If
rescheduling prohibits the public agency from meeting a specified timeline, the public agency
should inform the parent that they must determine eligibility by a certain date or they must
have an IEP Team meeting by a certain date before the IEP lapses.
1-104. What is the role of the parent at an IEP Team meeting?
The parent should participate as an equal partner with school personnel in developing,
reviewing, and revising the IEP. This is an active role in which the parent (1) provides critical
information regarding the strengths of the child and expresses concerns for enhancing the
education of the child; (2) participates in discussions about the student’s need for special
education and related services; and (3) joins with other participants in deciding how the
student will be involved in the general education curriculum and participate in state and
district-wide assessments, and what services will be provided and in what setting.
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1-105. At what age can a student attend the IEP Team meeting?
Whenever appropriate, and at the discretion of the parent, the student with a disability should be
invited to attend the IEP Team meeting. The public agency must invite a student with a disability to
attend the student’s IEP Team meeting if a purpose of the meeting will be the consideration of the
postsecondary goals for the student and the transition services needed to assist the student in reaching
those goals.
1-106. What must be considered when an IEP is developed, reviewed, or revised?
In developing each student’s IEP, the IEP Team must consider the strengths of the student; the
concerns of the parent for enhancing the education of the child; the student’s preferences and/or
interests; the results of the initial or most recent evaluation of the student; and the academic,
developmental, and functional needs of the student, and how the student's disability affects his/her
involvement and progress in the general education curriculum. The IEP Team must also consider
“special instructional factors” for the student each time the IEP is reviewed.
1-107. Does a student conti
nue to receive special education services even though he or she is making A
and B but may have some areas in the standards where he or she is below grade level?
In order to be eligible for special education, a student must have a disability that has an adverse effect
on educational performance and must need special education and related services. Educational
performance means academic, social/emotional, and/or communication skills. Each public agency
must ensure that FAPE is available to any individual student with a disability who needs special
education and related services, even though the student has not failed or been retained in a course or a
grade, and is advancing from grade to grade. The determination that a student is eligible must be made
on an individual basis by the group responsible within the student’s public agency for making
eligibility determinations.
1-108. If a student qualifies for services in the area of DD in one domain, is that the only domain that
may be addressed in the IEP for services?
No. Once the student is eligible for special education services, he or she may receive any service(s)
that the IEP Team deems appropriate after appropriate evaluations have been completed.
1-109. At what point in the IEP process is the least restrictive environment (LRE) determined for a
student?
The LRE should be determined when the IEP Team meets and identifies the type and amount of
services for the student and determines how and where those services will be implemented. The IEP
Team must consider each LRE option and move down the continuum to determine the appropriate
LRE.
1-110. What informat
ion should be included in the profile of a student’s IEP.
The profile must include:
a.
The strengths of the student.
b.
Parental concerns for enhancing the student’s education.
c.
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.
d.
The results of the most recent evaluations.
e.
The academic, development, and functional needs of the student and how the student's disability
affects his/her involvement and progress in the general education curriculum.
f.
Other information.
g.
For a child transitioning from EI to preschool, justify if the IEP will not be implemented on the
child's third birthday.
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1-111. Should medical information be included in the profile?
Medical information should be included in the profile when it is pertinent to the student’s progress and
involvement in his or her educational program or if it is a concern of the parent.
1-112. If an area of concern is addressed in the profile, do we need goals for that area?
Any needs addressed on the profile page must be addressed as either a goal or in other components of
the IEP. If the student’s needs are more than what could realistically be addressed in one academic
year, the IEP Team should prioritize the student’s needs in the profile.
1-113. What do we mean by the term general education curriculum?
The general education curriculum is the curriculum for nondisabled students. The general education
curriculum in Alabama is based on content standards listed in the College- and Career-Ready
Standards. For preschool age children, the Developmental Standards for Preschool Children are used
as the curriculum.
1-114. Is it necessary for a s
tudent’s IEP to address involvement in the general education curriculum
regardless of the nature and severity of the student’s disability and the setting in which the
student is educated?
Yes. The IEPs of all students with disabilities must address the extent to which the student will be
involved and progress in the general education curriculum. The Individuals with Disabilities
Education Act (IDEA) recognizes that some students with disabilities have educational needs which
cannot be fully met by the general education curriculum; therefore, the IEP Team must make an
individualized decision as to the extent appropriate for the student to participate in the general
education curriculum and whether the student has other educational needs which cannot be met by the
general education curriculum.
1-115. Does lunch and break time count as time “inside the regular education environment”?
Yes, if indeed the student is with nondisabled peers during lunch and break.
1-116. Can a student with a disability be in a regular education classroom with different but related
work/ activities?
Yes.
1-117. Is the goal now fo
r children with severe cognitive delays to spend 80% of their time in the
regular education classroom?
The goal is to include all students with disabilities in the regular education environment to the
greatest extent appropriate. The LRE is an IEP Team decision that should be based on the individual
needs of the student. The Office of Special Education Programs (OSEP) has asked states to work
towards having all students with disabilities spend at least 80% of their time in the regular education
environment. This is a goal to work toward. LRE decisions should be made on a case-by-case basis
according to the student’s individual needs.
1-118. How can state assessment data be useful in writing standard-based IEPs?
State assessments are designed to measure progress toward academic content standards; therefore,
results from state assessments can be used to identify concerns to be addressed when developing a
standards-based IEP.
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1-119. Can you elaborate on the collection of discipline referrals and attendance reports for making
data based IEP decisions?
In the case of a student whose behavior impedes the student’s learning or the learning of others,
positive behavioral interventions and supports, and other strategies to address that behavior should be
developed and implemented. If a student has discipline referrals, the IEP Team should consider and
discuss the need for behavior goals and/or a behavioral intervention plan (BIP) or other services to
address the behavior. If a student has truancy problems, that too should be addressed by the IEP Team.
1-120. What is meant by “consideration of Special Instructional Factors”?
Special Instructional Factors must be reviewed and considered at each annual IEP Team meeting
and may be reviewed and considered if a revision is being made to the IEP. If “yes” is checked on any
one of the Special Instructional Factors it should be addressed in the IEP.
1-121. If a student has a behavior problem and a BIP will be written, is the BIP considered part of the
IEP?
Yes. In the circumstances outlined below:
a.
For a child with a disability whose behavior impedes his/her learning or that of others, and for
whom the IEP team has decided a BIP is appropriate.
b.
For a child with a disability whose violation of the code of student conduct is a manifestation of
the child’s disability, the IEP Team must include a BIP in the child’s IEP to address the behavioral
needs of the child.
1-122. If a student’s behavior in the regular education classroom would significantly impair the
learning of others, can the IEP Team determine that placement in the regular education
classroom is inappropriate for that student?
The IEP Team is required to consider positive behavioral interventions, and supports, and other
strategies to address the behavior of a student with a disability whose behavior impedes his or her
learning or the learning of others. The determination of appropriate placement for a student whose
behavior is interfering with the education of others requires careful consideration of whether the
student can appropriately function in the regular education classroom if provided appropriate
behavioral interventions, supports, and strategies. If the student can function in the regular classroom
when provided appropriate behavioral interventions, supports, and strategies, placement in a more
restrictive environment would be inconsistent with the LRE provisions of the IDEA.
1-123. If you mark “Yes” for related services under transportation, do you need to address it elsewhere
in the IEP?
Transportation does not need to be addressed further unless instruction is being provided. (e.g.,
teaching a student how to use public transportation).
1-124. Should the bus driver be aware of the IEP?
If Yes is checked regarding the student’s need for transportation accommodations or modifications, a
representative from the Transportation Department should be included in the discussion and decision-
making for this section of the IEP if at all possible. If they cannot attend, at a minimum, the bus driver
or transportation personnel must be informed of his/her responsibilities.
Each public agency must ensure that the student’s IEP is accessible to any service provider who is
responsible for its implementation; each provider is informed of his or her specific responsibilities
related to implementing the student’s IEP; and, the specific accommodations, modifications, and
supports that must be provided for the student in accordance with the IEP. Therefore, if the student has
a medical, behavioral, or other need of which the bus driver should be made aware, it is the public
agency’s responsibility to inform the bus driver of his or her responsibilities to implement the
student’s IEP and any specific accommodations, modifications, and/or supports the student may need.
1-125. In the area of Nonacademic and Extracurricular Activities, what do you check if the student is a
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private school student only receiving speech services through the public school?
If a student is a private school student and only receiving speech or language services from the public
agency based on the public agency’s private school plan, Nonacademic and Extracurricular
Activities should be addressed as “No” with an explanation provided that the student only receives
speech or language services from the public agency based on the public agency’s private school plan.
1-126. If nondisabled students receive progress reports every 4.5 weeks, should students with
disabilities receive progress reports on the same frequency?
Students with disabilities should receive progress reports the same as students without disabilities.
However, progress of annual goals on the IEP only need to be provided concurrent with the issuance
of report cards.
1-127. What must be addressed in the Annual Goal Progress Report?
The following must be addressed in the Annual Goal Progress Report:
a.
A description of how the student’s progress toward meeting the annual goals will be measured and
when periodic reports on the progress the student is making toward meeting the annual goals (such
as through the use of quarterly or other periodic reports, concurrent with the issuance of report
cards) will be provided.
b.
IEP goals must be addressed. The report is in addition to, not instead of, the usual report card and
grades given for participation in regular education classes.
1-128. Could teachers and service providers who are in charge of implementing an IEP be involved in a
due process hearing primarily because the student did not master all of the IEP goals written for
the duration of an IEP?
It is possible. However, the agency, teacher, or other persons who are responsible for implementing
the IEP are not held accountable if a student with a disability does not achieve the growth projected in
the annual goal(s), as long as good faith effort is made to assist the student toward achieving the
goal(s). Public agencies providing special education services to a student with a disability must
provide the services in accordance with the IEP and should keep documentation of the services
provided to individual students.
1-129. Do the transition pages of the IEP have to be a part of the IEP if it is not applicable for a
student?
If a student will not be entering ninth grade or will not be 16 or older during the implementation of an
IEP and the IEP Team does not think transition should be addressed for a student not yet 16, the
transition pages does not have to be included with the IEP.
1-130. What are the transition requirements at age 16?
Beginning not later than the first IEP to be in effect when the student turns 16, or if the student is
entering ninth grade, or younger, if determined appropriate by the IEP Team, and updated annually,
thereafter, the IEP must include appropriate measurable postsecondary goals based upon age
appropriate transition assessments related to training, education, employment, and, where appropriate,
independent living skills, and transition services (including courses of study) needed to assist the
student in reaching those goals. If transition is being addressed before age 16 the same transition
requirements that apply for students age 16 and older apply to younger students as well.
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1-131. Do requirements for transition services apply to eligible students in adult prisons?
The requirements apply to the same extent as for eligible students in public schools with one
exception. Transition planning and services do not apply to students whose eligibility will end,
because of their age, before they will be eligible to be released from prison based on consideration of
their sentence and eligibility for early release.
1-132. Can you check th
e box for the selected pathway to the AHSD on the transition pages of the IEP
if the student is not yet 16?
If the student is in the ninth grade and earning program credits the answer is yes. If the student is still
in middle school and not earning program credits the statement, “This student is in a middle school
course of study that will help prepare him/her for transition” should be checked in lieu of exit
option, anticipated date of exit, and program credit to be earned.
1-133. If a student is age 16 or older and is receiving speech services only, does the transition page have
to be included in the file? If yes, what has to be completed?
Yes, a student who is eligible for speech or language impairment is considered to be a student with a
disability under the IDEA. Therefore, beginning no later than the first IEP to be in effect when the
student turns 16 the entire transition page must be addressed.
1-134. How do you document “program credit to be earned”?
After the IEP Team decides which pathway towards the Alabama High School Diploma the student
will pursue, the IEP Team must document for each course taken the program credits to be earned next
to the appropriate pathway. If a student is taking a course under the General Education Pathway, then
the credits will be coded on the General Education Pathway line. Core course credits earned through
the Essentials courses should be documented on the Essentials Pathway line. Alternate Achievement
Standards core course credits should be documented on the Alternate Achievement Standards Pathway
line as well.
1-135. How should the transfer of rights at the age of majority be documented on the signature page of
the IEP?
Beginning not later than the IEP that will be in effect when the student reaches 18 years of age, the
student should be informed of his or her rights and that the rights will transfer to him or her upon
reaching the age of majority which is age 19. Document the date the student is informed of the rights
being transferred. The initial date that the student is informed of the rights being transferred should be
used and carried over in subsequent IEPs.
1-136. Can a parent deny his/her child the process of transferring rights due to the student’s low
cognitive skills?
When a student with a disability reaches age 19, which is the age of majority in Alabama (except for a
student with a disability who has been determined to be incompetent under Alabama law), the public
agency shall provide all notices to both the adult student and the parent. All other rights accorded to
the parent transfer to the student. The public agency shall notify the student and the parent of the
transfer of rights. If, under Alabama law, a student with a disability who has reached the age of 19,
who has not been determined to be incompetent, but who is determined not to have the ability to
provide informed consent with respect to the educational program of the student, the state shall
establish procedures for appointing the parent of his/her child, or if the parent is not available, another
appropriate individual, to represent the educational interests of the student throughout the period of
eligibility of the student. Those procedures can be found on the Special Education Web page under
Policy/Informed Consent in a document titled Procedures for Determining Inability to Provide
Informed Consent.
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1-137. If a student has a birthday on August 31, and turns 21 on that date, can the student attend
school in the fall?
Yes. Students with disabilities who have not earned an Alabama High School Diploma and who have
not reached their 21st birthday by August 1 are entitled to services up to age 21, even if it means that
instruction is provided in excess of 12 years. A student who turns 21 on or after August 1 is entitled to
begin and complete the school year.
1-138. Has a process been set up for the exit IEP Team conference that is mandated by IDEA 2004?
IDEA 2004 does not require an exit IEP Team meeting. In Alabama, the Summary of Academic
Achievement and Functional Performance (SAAFP) must be completed for every student that exits
with an Alabama High School Diploma through the General Education Pathway who will be
exceeding the age of eligibility for a Free and Appropriate Public Education (FAPE) (age 21). SES
strongly encourages public agencies to complete the SAAFP for all other students exiting high school.
Also, the Notice of Proposal or Refusal to Take Action form must be completed to document that the
student will not be returning to school the next school year for one or more of the following reasons:
a.
The student will be completing the General Education Pathway and receiving his or her Alabama
High School Diploma.
b.
The student will be age twenty-one prior to August 1 and FAPE ceases.
1-139. How do we document when a student, who has not reached the age of majority or received an
Alabama High School Diploma through the General Education Pathway, chooses to exit?
The IEP Team must complete the Notice of Proposal or Refusal to Take Action form and document
that the student has been informed of his or her right to continue receiving services through the age of
21, but that the student has refused those services.
1-140. If a student does not earn the Alabama High School Diploma (AHSD) through the General
Education Pathway before he/she is eligible to exit, may he/she return to school to work toward
completing the requirements for an AHSD?
Yes. A student with a disability is entitled to FAPE up to the age of 21. A student who turns 21 on or
after August 1 is entitled to begin and complete the school year. A student with disability who has
graduated from high school with an Alabama High School Diploma earned through the General
Education Pathway no longer has a right to FAPE, as the Alabama High School Diploma earned
through General Education Pathway ceases the FAPE requirement.
1-141. If the student does not attend the IEP Team meeting, when are transition services discussed?
The public agency should take steps to ensure the IEP Team is aware of the student’s needs, interests,
and preferences because these must be considered in order to develop an appropriate know transition
plan. Also, after the meeting there should be a follow-up meeting with the student to let him/her what
was discussed at the IEP Team meeting if the student was not in attendance.
1-142. What happens if the parent or student who has reached the age of majority (age 19) does not
give consent for a transition agency representative to participate in the IEP Team meeting? If
the public agency is unable to get consent from the parent or student (age 19 and older) to invite
transition agency representatives after two attempts, the agencies responsible for transition services
may not be invited to the IEP meeting. If the parent or student (age 19 and older) check on the Notice
and Invitation to a Meeting/Consent for Agency Participation form I DO NOT GIVE CONSENT,
the public agency may not invite any agencies that would be responsible for paying or providing
transition services.
1-143.
If a representative that is likely to be responsible for providing or paying for transition services
(e.g., job coach) is partially funded by the public agency and partially funded by another agency
does the public agency have to get parental consent to invite that agency representative to an
IEP Team meeting?
No.
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1-144.
What happens if another agency fails to provide agreed upon transition services?
If a participating agency, other than the public agency, fails to provide the transition services described
in the IEP, the public agency must reconvene the IEP Team to identify alternative strategies to meet
the transition goals for the student set out in the IEP.
1-145. If other agencies (such as DHR or Mental Health) not affiliated with transition are invited to the
IEP Team meeting by the public agency does the IEP Team need permission from the parent or
student, who has reached the age of majority, to invite the other agencies?
Consent from the parent or the student who has reached the age of majority is only needed when
inviting agency representatives that may be providing or paying for transition services. The purpose
for inviting other agency representatives not providing or paying for transition services should be
considered. The IEP Team should consider if the agency representatives have knowledge or special
expertise regarding the child and the reason for inviting other agency representatives not affiliated
with providing or paying for transition services. Parental consent is required before personally
identifiable information is released to parties including those providing or paying for transition
services.
1-146. Is it a requirement to address all long-term goals (Postsecondary Education/Training,
Employment/ Occupation/Career, and Community/Independent Living) on the transition pages
of the IEP?
Yes. Transition must be addressed no later than the first IEP to be in effect when the student turns 16
and updated annually thereafter. Transition must be addressed for all students beginning at the age of
16 and for all students entering the ninth grade. Transition may be addressed for younger students if
determined appropriate by the IEP Team. If transition is being addressed before age 16 the same
transition requirements that apply for students age 16 and older apply to younger students as well.
1-147. Is it a requirement to develop measurable annual postsecondary transition goals for
Postsecondary Education/Training, Employment/Occupation/Career, and Community/
Independent Living?
Yes. The IEP Team must develop a measurable annual postsecondary transition goal for each area if
transition is being addressed.
1-148. How many transition activities are required for each measurable annual postsecondary
transition goal?
A minimum of two transition activities must be written to address each of the measurable annual
transition goals in the areas of Postsecondary Education/Training, Employment/Occupation/
Career, and Community/Independent Living.
1-149. What are transition activities?
Transition activities are action steps that lead to the achievement of the overall measurable annual
postsecondary transition goal.
1-150. How many transition assessments are required to address transition?
A minimum of two assessment must be administered. Best practice is to use a variety of formal and
informal age–appropriate transition assessments to develop appropriate measurable postsecondary
annual transition goals in the areas of Postsecondary Education/Training, Employment/
Occupation/Career, and Community/Independent Living.
1-151. On the annual transition goal(s) page, who may be considered a person/agency involved for
transition activities?
The person/agency involved in transition activities may include the student, parent(s), special
education teacher, general education teacher, school administrator(s), guidance counselor(s),
vocational rehabilitation counselor, or other agency representatives.
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1-152. Does a student have to be invited to an IEP Team meeting when transition is being addressed?
Yes. The student, regardless of their age, must be invited to the IEP Team meeting when addressing
transition.
1-153. Do you have to develop a new IEP for each senior even if the annual review signature date is in
March or April?
No. According to OSEP, an "annual review" of the IEP must be conducted every 365 days. As long as
the implementation/duration dates go to the last day of school, another IEP doesn’t have to be written
in March or April. You do have to meet by the Annual Review Due date to review the current
IEP.
• On the Notice and Invitation to a Meeting/Consent for Agency Participation form select ‘Conduct
an Annual Review of the current IEP’. If the IEP will be revised also select ‘Develop an Annual
IEP or Revise the Current IEP’.
• Do not change the implementation/duration dates on the IEP profile page.
• Do amend the IEP signature page to add all participates in the meeting
• If revisions to the IEP are made, also fill out the Notice of Proposal or Refusal to Take Action
form.
1-154. What are the pathways leading to the Alabama High School Diploma?
When selecting the pathway, the IEP Team should consider the highest most appropriate pathway
that meets the individual needs of the student. Students pursuing the Alabama High School Diploma
through the General Education Pathway follow the General Education Course of Study, which is
intended to prepare the student for college and career. Students pursuing the Alabama High School
Diploma through the Essentials Pathway may select courses which meet their individual needs from
either the General Education Courses of Study or the Essentials Course of Study, which are intended
to prepare the student for career/competitive employment. Students pursuing the Alabama High
School Diploma through the Alternate Achievement Standards Pathway follow the Alternate
Achievement Standards Courses of Study, which are intended to prepare the student for
supported/competitive employment. Students with an IEP who are on the General Education Pathway
may take up to three courses under the Essentials Pathway. However, once one course is taken under
the Essential Pathway, the student will no longer be eligible to be counted in the Federal Four Year
Adjusted Cohort Graduation Rate. Counselors should advise students carefully of possible outcomes
and benefits of each pathway, including careful consideration to college admission requirements,
NCAA eligibility, etc.
1-155. What are the ALSDE’s policies for promotion and retention?
The AAC does not contain regulations for promotion and retention. Each public agency should have
its own policies regarding promotion and retention based on the number of credits required for
graduation in high school. The same applies for elementary grades with the school/system deciding
what classes, number of classes, etc., that must be passed in order to progress from one grade to the
next grade.
1-156. What should be considered in the Present Level of Academic Achievement and Functional
Performance?
The Present Level of Academic Achievement and Functional Performance should be written in
terms that are observable, specific, and based on evidence. The Present Level of Academic
Achievement and Functional Performance should include the strengths and needs of the student and
how the student’s disability affects the student’s performance in the general education curriculum. For
preschool children, as appropriate, the Present Level of Academic Achievement and Functional
Performance should include how the disability affects the child’s participation in age appropriate
activities.
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1-157. What are Measurable Annual Goals?
Measurable Annual Goals are related to needs resulting from the student’s disability that directly
affect involvement and progress in the general education curriculum. Goals should be specific, based
on the student’s Present Level of Academic Achievement and Functional Performance. Goals
should be measurable. Goals should be realistically achievable and related to the most critical needs.
Goals should be results-oriented by being developed with an outcome in mind, and goals should be
time bound by clearly defining the length of time in which the student should be able to master each
goal. Academic goals must be written to general education content standards, or Alternate
Achievement Standards for students with significant cognitive disabilities who are being
assessed with the Alabama Alternate Assessment, or Developmental Standards for preschool
children with disabilities.
1-158. Should the Measurable Annual Goals be stated in terms of percentages or trials?
As long as the goals are written in measurable terms to the extent that they can be used to monitor
progress and assess the appropriateness of special education services, goals can be stated in terms of
percentages or trials. SES highly recommends that goals are reviewed on a regular basis.
1-159. If IEPs are written that cover two grades, which grade level of standards do we use?
An IEP that covers two academic grades should address the content and skills that the student will
need to be involved and progress in the general education curriculum for both school years.
Depending on the nature of the student’s needs, the IEP goals may or may not reflect course of study
standards for multiple school years.
1-160. Can we write only one measurable annual goal?
The amount of goals written should be based on the student’s needs. (For students working on
Alternate Achievement Standards at least one goal in the area of reading, math, and functional skills is
required).
1-161. Do we write a measurable annual goal for all academic areas or just for the area(s) of the
student’s weakness?
Goals should address the area(s) of need for the student.
1-162. Do we write goals for classes taught by regular education teachers?
Goals should be written to address the student’s needs not the classes taught. Goals should not restate
the standard.
1-163. Would there ever be a reason to have the student’s measurable annual goal read “the student
will maintain A’s and B’s on grade level standards”?
No. Goals should be written based on the student’s deficit areas in working toward grade level
standards.
1-164. Must all IEPs have a reading and math goal?
Students should have goals that address the student’s area of need which may or may not be reading
and/or math.
1-165. Do goals need to be written for specially designed physical education (PE)?
If the student receives specially designed PE which is an area of instruction, the IEP must have goal(s)
if the PE curriculum is being modified. If only accommodations are provided for PE, goals are not
required unless specially designed PE is the only goal being addressed in the student’s IEP. The PE
accommodations without a goal should be documented under Supplementary Aids and Services on
the goal page of the IEP.
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1-166. If a student with physical disabilities requires specially designed PE, whose job is it to provide
this service?
If specially designed PE is prescribed in a student’s IEP, the public agency responsible for the
education of that student must provide the services directly or make arrangements for them to be
provided through other public or private programs.
1-167. Do goals need to be written for OT or PT services?
Goals should not be written for OT and PT services. The OT and PT services are related services that
are needed to assist the student to benefit from special education services. Address OT and PT services
under Related Services in the IEP.
1-168. Is it appropriate to have fluency goals for a high school student?
Yes, if this is an area of need for the student.
1-169. Does speech need to be written as a goal or as a related service?
If SLI is the disability area and the student qualifies in articulation, voice, or fluency, there must be a
speech goal(s) and speech should be addressed as “Special Education” under the Special Education
and Related Service(s) section of the IEP. If a student qualifies for SLI in the area of language, the
IEP team should have a language goal, reading goal, or other goal with a language component
embedded in the goal and services should be addressed as “Special Education” under the Special
Education and Related Service(s) section of the IEP. If SLI is not identified to be the area of
disability on the student’s eligibility report, goals may or may not be written in the area of articulation,
voice, or fluency. That will be an IEP Team decision. When SLI is not the area of disability as stated
on the eligibility report, it should be addressed as a “Related Service” under the Special Education
and Related Service(s) section of the IEP.
1-170. What is meant by the term peer reviewed research?
The term peer reviewed research means there is reliable evidence that the program or services are
effective. The IEP Team should have strong evidence (i.e., journal publications, programs that are
known to be scientifically based researched, teacher data) of the effectiveness of instructional
programs and other services before proposing them in an IEP. Peer reviewed research also applies to
nonacademic areas such as behavioral interventions. Before the IEP Team lists specially designed
services and/or programs under Special Education and Related Services, the IEP Team must
validate that the services and/or programs have been proven to be effective based on peer review
research.
1-171. Where would you list a scientifically based reading research program on an IEP?
A program used for all students does not need to be addressed in the IEP. If it is a program used
specifically to meet an individual student’s needs, the program would be identified under the Special
Education and Related Service(s) section of the IEP. Naming a specific program in the IEP is not
recommended because a specific program may change (i.e., the program isn’t working, the student
transfers) within the implementation and duration dates of the IEP.
1-172. How do we work toward eliminating deficits in reading and math when the students are
required to be in a regular class?
For students with deficits in reading and math, the regular education teacher and special education
teacher should collaborate to provide differentiated instruction during regular education time as well
as during the supplemental and intervention time that should be built into the master schedule.
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1-173. When putting the minutes on related services, do you put a cumulative amount for those areas
where the services are not provided daily?
The Amount of Time must be documented for all related service areas. There are various ways to
document the Amount of Time. All IEP Team members should understand what services will be
provided and ensure that the services are documented and implemented as per the IEP Team’s
understanding.
1-174. How are supplementary aids and services defined?
This refers to the aids, services, and other supports that are provided in regular education classes, other
education-related settings, and in extracurricular and nonacademic settings to enable students with
disabilities to be educated with nondisabled students to the maximum extent appropriate.
1-175. What is meant by Benchmarks?
Benchmarks are targeted sub skills or steps (levels of achievement) that lead to the achievement of the
overall annual goal and should contain clear indications of how the student’s progress will be
evaluated.
1-176. If a child is in all regular classes, are Benchmarks required?
Benchmarks are required only for those students who participate in alternate assessments aligned to
alternate achievement standards and for those students where the public agency requires benchmarks
for all students.
1-177. Are benchmarks required for every goal area for students following the AAS?
Benchmarks are required for all goals for students who follow/or are being instructed with the AAS.
1-178. Can Measurable Annual Goals and/or Benchmarks be changed without initiating another IEP
Team meeting?
Changes in the IEP can only be made through an IEP Team meeting or through the allowable
amendment process. Regardless, notice must be provided to the parent explaining the changes made.
1-179. What is meant by the terms anticipated frequency of service(s, amount of time,
beginning/ending date, and location of service(s)?
Terms
Explanation of Terms
Anticipated Frequency of
Indicates how often the service(s) will be provided (e.g.,
annual, bi-monthly, daily, weekly).
Service(s) Amount of Time
a.
Refers to the minutes, hours, or days for each area.
b.
Required for Special Education and Related
Services.
c.
If the IEP Team knows the Amount of Time for
other needed services, it should be included.
Beginning/Ending Date
a.
The start to finish of service(s).
b.
May be different for each goal listed.
c.
May be different from the IEP Initiation/Duration
Dates.
Location of Service(s)
The specific location where the services will be provided
(e.g., regular education classroom, resource room, school
bus, lunch room, gym).
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1-180. What is the difference in an accommodation and a modification?
Accommodations lessen the impact of the student’s disability in the teaching/learning environment in
order to level the playing field but do not change the content of the standard. When accommodations
are made for the student with disabilities, the content has not been altered and the student can earn
course credit.
Modifications are changes made to the content of the curriculum due to the unique needs arising from
the student’s disability. When course content is modified, the student is not pursuing the content
prescribed in the applicable course of study and cannot earn course credit.
1-181. If the student requires support for personnel in the general education, curriculum, where do you
document this?
Support for personnel should be documented on the Special Education and Related Service(s)
page of the IEP under “Support for Personnel” and should be indicated on the IEP only when
training or support are being provided to public agency personnel regarding a student’s specific need.
1-182. When the special ed
ucation teacher collaborates with the regular education teacher by meeting
with him or her to discuss the student’ special education services, is that considered Special
Education or Support for Personnel?
That is considered Special Education and should be documented under “Special Education” in the
Special Education and Related Service(s) section of the IEP.
1-183. When extended school year (ESY services should be provided?
The IEP Team must consider ESY services at least annually as p art of the provision of FAPE. The
ESY services must be provided only if a student’s IEP Team determines that the services are
necessary for the provision of FAPE. If ESY services are needed, the IEP must clearly specify which
goals and services are being extended, the beginning and ending dates for services, the location, and
the amount of time committed.
1-184. Why is the IEP Team required to include an explanation of the extent to which a student will
NOT participate with nondisabled students in the regular class and in extracurricular and
nonacademic activities?
The IDEA requires that each student with a disability be educated with nondisabled students to the
maximum extent appropriate. A student with a disability may be removed from the regular education
environment only when the nature or severity of the disability is such that education in the regular
education classroom with Supplementary Aids and Services cannot be satisfactorily achieved. To
the maximum extent appropriate, students with disabilities should participate with nondisabled
students in nonacademic and extracurricular services and activities. The IDEA assumes that the
majority of students who are eligible for special education and related services are capable of
participating in the general education curriculum to some degree with accommodations and/or
modifications. The IEP Team must consider the needs of the individual student and decide the extent
to which the student is able to participate appropriately in the general education curriculum.
1-185. If a student receives intermittent services at home or in the hospital, could more than one LRE
be noted?
No. The IEP Team should determine where the student spends most of his or her time and choose the
LRE based on that information. If the amount of time is equally spent at home and in the hospital only
choose one LRE. The IEP Team should explain why a student receives services in more than one
environment in the Least Restrictive Environment section of the IEP.
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1-186. Under what circumstances can you justify a separate school as a student’s LRE?
The justification of LRE is written for the student not for the separate school. The justification should
be based on the needs of the student. Students enrolled in separate schools should still be afforded the
opportunity for interaction with age-appropriate nondisabled peers. Also, physical education services,
specially designed if necessary, must be made available to every student with a disability receiving
FAPE, unless the public agency enrolls students without disabilities and does not provide physical
education to students without disabilities in the same grades.
1-187. Are public agencies required to have a continuum of services available?
Yes. A public agency may not say that the only option is full inclusion or a self-contained classroom.
1-188. Is a parent signat
ure required on the IEP?
There is not a requirement in the IDEA statute or the federal regulations that a parent sign an IEP for it
to be implemented. The parent signature is a way of documenting parent participation.
1-189. If a parent participated in the IEP meeting via conference call, should a signature page for the
IEP be mailed to the parent for their signature?
No. Simply document how the parent participated in the IEP Team meeting in the space provided for
the parent signature. The parent must be provided a copy of the IEP.
1-190. What if the parent gets upset and leaves the IEP meeting?
If the parent gets upset and leaves the IEP meeting, the meeting may continue. An IEP Team member
should document that the parent was present during part of the meeting. Each IEP Team member
should document his or her participation and position(s) he/she is serving in by signing and dating on
the appropriate line(s). The parent must be provided a copy of the IEP as well as a Notice of Proposal
or Refusal to Take Action form if this was an annual IEP Team meeting. If this was an IEP amendment
meeting, the parent must receive a copy of the revised IEP and a Notice of Proposal or Refusal to Take
Action form explaining the changes.
1-191. Is it permissible for the public agency to have the IEP completed before the IEP meeting begins?
No. Public education agency staff may come to an IEP meeting prepared with evaluation findings
and proposed recommendations regarding the IEP content, but the public agency must make it clear to
the parent at the beginning of the meeting that the services proposed by the public agency are only
recommendations for review and discussion by the IEP Team. Best practice would be to seek input
from the parent prior to the meeting and/or send a draft of the IEP to the parent so he/she has time to
review the proposed IEP prior to the meeting.
1-192. Are state assessment forms required for preschool?
No.
1-193. How many pages will be in an IEP?
The number of pages in an IEP would depend on the needs of the student and what the IEP Team
determines the student can reasonably be expected to do during a school year.
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1-194. Who should have a copy of the IEP?
The special education teacher and/or case manager of the student must have a copy of the IEP. The
public agency is also required to provide a copy of the IEP to the parent at no cost. Others responsible
for implementing parts of the IEP (e.g., regular education teacher(s), related service providers, and any
other service provider) must be informed of their specific responsibilities related to implementing the
IEP and the accommodations, modifications, and supports that must be provided in accordance with
the student's IEP. The IEP must be "accessible" to these other providers but it is not a requirement that
a personal copy of the entire IEP be provided. If a personal copy of the IEP is provided to other
service providers, they must be made aware that the IEP document in whole or in part must be
protected in a secure location and treated as a confidential document.
1-195. Should a paraprofess
ional assigned to a student sign the Persons Responsible for IEP
Implementation?
Yes. Each regular education teacher, special education teacher, related service providers, and any
other service provider must first be informed of his or her specific responsibilities related to
implementing the student’s IEP and the specific accommodations, modifications, and supports that
must be provided for the student in accordance with the IEP. Secondly, once informed of his or her
responsibilities, each individual responsible for the implementation of the student’s IEP must sign the
form Persons Responsible for IEP Implementation. The student’s case manager must keep a copy of
the form Persons Responsible for IEP Implementation with the individual signatures on file.
1-196. Who is responsible for serving a student with disabilities who is residing in a local detention/jail
facility? The local education agency where the detention/jail facility is located should ensure that
special education and related services are provided to the student with disabilities.
1-197. How often must the IEP and placement must be reviewed?
The IEP must be reviewed at least annually. The IEP and placement may be reviewed more often, if
needed. The parent or the teacher may request an IEP Team meeting if there is a need to review or
revise the IEP.
1-198. Will a transitional IEP be developed for students who are no longer eligible for special education
services?
No.
1-199. When a student transfers from another public agency within the state do you have to honor the
IEP from the other agency?
If a student with a disability (who had an IEP that was in effect in a previous public agency in
Alabama)transfers to a new public agency in Alabama and enrolls in a new school within the same
school year, the new public agency (in consultation with the parent) must provide FAPE to the student
(including services comparable to those described in the student’s IEP from the previous public
agency) until the new public agency either:
a. Adopts the student’s IEP from the previous public agency; or
b. Develops, adopts, and implements a new IEP.
c. Manually enter the annual review date into the student’s folder (This date represents the date the
IEP Team met to review the IEP).
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1-200. What if a student who’s IEP has not been subject to a timely annual review, but who continues
to receive services under that IEP, transfers to another public agency in the same state? Is the
new public agency required to provide FAPE from the time the student arrives?
If a student with a disability was receiving special education and related services pursuant to an IEP in
a previous public agency even if that public agency failed to meet the annual review requirements and
transfers to a new public agency in the same state and enrolls in a new school within the same school
year, the new public agency (in consultation with the parent) must provide FAPE to the student
(including services comparable to those described in the student’s IEP from the previous public
agency), until the new public agency either:
a. Adopts the student’s IEP from the previous public agency; or b. Develops, adopts, and implements a
new IEP.
c. Manually enter the annual review date into the student’s folder (This date represents the date the
IEP Team met to review the IEP).
1-201. When a student transfers from another state do you have to honor the IEP from the other state?
If a student with a disability (who had an IEP that was in effect in a previous public agency in another
state) transfers to a public agency in a new state, and enrolls in a new school within the same
schoolyear, the new public agency (in consultation with the parent) must provide the student with
FAPE (including services comparable to those described in the student’s IEP from the previous public
agency) until the new public agency:
a. Conducts an evaluation(if determined to be necessary by the new public agency); and
b. Develops, adopts, and implements a new IEP, if appropriate.
1-202. Is the receiving public agency required to write an IEP on Alabama forms for out-of-state
transfers who have a current IEP?
No. The receiving public agency would implement the out-of-state IEP until such time that a new IEP
is developed, if the student is eligible according to the AAC.
1-203. Do you have to get consent from the parent to request records from the sending public agency?
Parental consent is not required for the transmission of special education records between public
agencies. Parental notice is required. A sample form is on our web site under “Forms.”
1-204. What procedures must the public agency follow when an out-of-state transfer student cannot
produce any IEP, and the parent is the source for identifying “comparable” services?
a.
The new public agency in which the child enrolls must take reasonable steps to promptly obtain the
child’s records, from the previous public agency in which the child was enrolled (including the IEP
and supporting documents and any other records relating to the provision of special education or
related services).
b.
The previous public agency in which the child was enrolled must take reasonable steps to promptly
respond to such request from the new public agency.
c.
When a child with a disability who had an IEP that was in effect in a previous public agency in
another state transfers within the same school year and enrolls in a new school, the new public
agency, in consultation with the parents, must provide the child with FAPE.
d.
The new public agency must provide services comparable to those described in the previously held
IEP, until such time as the new public agency conducts a new evaluation.
e.
The new public agency must evaluate, if necessary, and determine eligibility.
f.
When an evaluation is determined to be necessary by the IEP Team, that evaluation will be
considered to be an initial evaluation.
g.
If the parents refuse consent for the initial evaluation, the public agency may, but is not required to
initiate mediation and/or a due process hearing to override the parents’ refusal.
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1-205. What if a student transfers from an out-of-state agency to a public agency without an IEP, yet it
is obvious he/she is in need of special education services?
If the parent and the new public agency agree on services that the student needs until records are
received from the previous public agency, those agreed upon services may be provided. If the parent
and the public agency do not agree on the services to provide, the student is enrolled in the regular
education program along with any Special Education and Related Services on which the parent and
the public agency agree. The public agency may also ask the parent for consent to conduct an initial
evaluation.
1-206. Is it permissible for a public agency to require that a student with a disability who transfers
from another state with a current IEP that is provided to the new public agency remain at home
without receiving services until a new IEP is developed by the public agency?
a.
No. If a student with a disability (who had an IEP that was in effect in a previous public agency in
another state) transfers to a public agency in a new state, and enrolls in a new school within the
same school year, the new public agency (in consultation with the parent) must provide the student
with FAPE (including services comparable to those described in the student’s IEP from the
previous public agency), until the new public agency:
1)
Conducts an evaluation (if determined to be necessary by the new public agency); and
2)
Develops, adopts, and implements a new IEP, if appropriate.
b.
The public agency must provide FAPE to the student when the student enrolls in the public agency
in the newstate,andthepublicagencymaynotdenyservicestothestudentpendingthedevelopmentofa
new IEP.
1-207. How do we document
parent participation in a meeting if they participated by phone?
To document parent participation on hard copy forms and in SETS, on the parent signature line write,
“parent participated by phone.”
1-208. Do public agenci
es have a time limit on facilitating the transfer of student records?
The new public agency in which the student enrolls must take reasonable steps to promptly obtain the
student’s records, including the IEP and supporting documents and any other records relating to the
provision of special education or related services to the student, from the previous public agency in
which the student was enrolled, and the previous public agency in which the student was enrolled must
take reasonable steps to promptly respond to the request from the new public agency. If hard copies of
records are requested by the new public agency, SES recommends the records be delivered within ten
days of the request. With the transfer process in SETS hopefully there will not be a need to transfer
hard copies of records.
1-209. What is the time
line for the receiving public agency to adopt an IEP from a previous public
agency or to develop and implement a new IEP?
The federal regulations do not establish timelines for the new public agency to adopt the student’s IEP
from the previous public agency or to develop, adopt, and implement a new IEP. However, the new
public agency must take the steps within a reasonable period of time to avoid any undue interruption
in the provision of special education and related services.
1-210. How do we docume
nt the parent chose to participate by phone but at the time of the meeting
they did not answer the phone?
If the parent said
he/she was going to participate in the meeting by phone and did not participate,
document that the parent was unavailable by phone.
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1-211. How should an LEA handle missed speech-language services?
The Office of Special Education Programs (OSEP) issued a letter March 8, 2007, to the American
Speech-Language Hearing Association (ASHA) addressing missed services. This letter was reaffirmed
for ASHA by OSEP in January 2016. OSEP reiterated that the determination of whether an
interruption in services constitutes a denial of FAPE is an individual determination that must be made
on a case-by-case basis. You should “consider the impact of a provider’s absence or a child’s absence
on the child’s progress and performance and determine how to ensure the continued provision of
FAPE in order for the child to continue to progress and meet the annual goals in his or her IEP.”
Generally, absences of the child (unless excessive) do not constitute a denial of FAPE. Here is a link
to the letter from OSEP: https://www2.ed.gov/policy/speced/guid/idea/letters/2007-
1/clarke030807disability1q2007.pdf
1-212. What is the process to discontinue the speech-language services only for a student with an
exceptionality area other than SLI who continues to need other special education services?
Since the disability is in an area other than SLI, the IEP Team’s decision should be documented on
the Profile Page of the IEP. The IEP Team may make a change at an annual IEP meeting/review or
through the Amendment Process (follow Process Chart 5 of Mastering the Maze).
1-213. Who provides services for a school-age student attending a private school located in the LEA in
which he lives?
The LEA of residence is required to make FAPE available. If the parent makes clear the intention to
keep the child enrolled in the private school, then the LEA of residence is responsible for ensuring
equitable participation according to its private school plan.
1-214. Who should provi
de services for a preschool student attending a private preschool outside the
LEA of residence, the LEA of residence or the LEA in which the private school is located?
Please refer to question N-1 on page 42 of Q and A: Questions and Answers on Serving Children With
Disabilities Placed by Their Parents at Private Schools (April 2011) from the U.S. Dept. of
Education, below:
“Question N-1: What obligation, if any, do districts have to serve three- through five-year-old children
who are parentally placed in private preschools?
Answer: An LEA’s obligation to serve children aged three through five under the equitable services
provisions depends on whether a child is enrolled in a private school or facility that meets the
definition of “elementary school” in the IDEA and the final regulations. “Elementary school” is
defined in 34 CFR §300.13 as a nonprofit institutional day or residential school, including a Public
elementary charter school that provides elementary education, as determined under State law.
Accordingly, three- through five-year-old children with disabilities who are enrolled by their parents
in a private school or facility that meets the State’s definition of “elementary school” would be
considered parentally placed and the equitable participation provisions would apply.
A child aged three through five enrolled by his or her parents in a private school or facility that does
not meet the State’s definition of “elementary school” would not be eligible to be considered for
equitable services. However, the State’s obligation to make FAPE available to such a child remains.
Section 612(a)(1) of the IDEA requires that States make FAPE available to eligible children with
disabilities aged three through 21 in the State’s mandated age range (34CFR§300.101).Because many
LEAs do not offer public preschool programs, particularly for three- and four-year-olds, LEAs often
make FAPE available to eligible preschool children with disabilities in private schools or facilities in
accordance with 34 CFR §§300.145 through 300.147. In these circumstances, there is no requirement
that the private school or facility be an “elementary school” under State law. In some instances, an
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Process 1: Referral Through IEP Implementation
LEA may make FAPE available in the private preschool program that the parent has selected. If there
is a public preschool program available, the LEA of residence may choose to make FAPE available to
a preschool child in that program. If the group of persons making the placement decision, as specified
in 34 CFR §300.116(a)(1), places the child in a public or private preschool program and the parents
decline the public agency’s offer of FAPE because they want their child to remain in the private
preschool program they have selected, the public agency is not required to provide FAPE to that
child., The parent may challenge the public agency’s determination of what constitutes FAPE for their
child using the State complaint and due process procedures available under IDEA.”
1-215. Who provides services for a school–age student attending a private school not located in the
LEA in which he lives?
The LEA of residence would be responsible for making FAPE available. If the parent makes clear the
intention to keep the child enrolled in the private school located in another LEA, then the LEA where
the private school is located is responsible for ensuring equitable participation according to its private
school plan.
Assistive Technology
1-216. What is an assistive technology device?
An assistive technology (AT) device is any item, piece of equipment, or product system, whether
acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or
improve the functional capabilities of a child with a disability. The term does not include a medical
device that is surgically implanted, or the replacement of such device (AAC 290-8-9.076(6)(b). The
definition of the term “assistive technology device” is based on how the technology is used rather than
specific types of technology.
1-217. What is an assistive technology service?
Assistive technology service means any service that directly assists a child with a disability in the
selection, acquisition, or use of an assistive technology device. The term includes:
a.
The evaluation of the needs of a child with a disability, including a functional evaluation of the
child in the child's customary environment;
b.
Purchasing, leasing or otherwise providing for the acquisition of assistive technology devices by a
child with a disability;
c.
Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing
assistive technology devices;
d.
Coordinating and using other therapies, interventions, or services with assistive technology devices,
such as those associated with existing education and rehabilitation plans and programs;
e.
Training or technical assistance for a child with a disability or, if appropriate, that child's family;
and
f.
Training or technical assistance for professionals (including individuals providing education or
rehabilitation services), employers, or other individuals who provide services to, employ, or are
otherwise substantially involved in the major life functions of that child (AAC 290-8-9.076(6)(d).
1-218. Does every child need an assistive technology device?
No. It is the IEP Team’s decision to determine what assistive technology, if any, a student needs.
1-219. Can assistive technology devices and/or services be taken home?
Yes. The assistive technology device or service must be provided for home use when the IEP Team
determines that a particular assistive technology item is required for home use in order for the student
to receive FAPE.
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Process 1: Referral Through IEP Implementation
1-220. Can a student use an assistive technology device during summer?
Yes. If the IEP Team determines that assistive technology is needed to provide FAPE. On a case-by-
case basis, the use of school purchased assistive technology devices in a child's home or in other
settings is required if the child’s IEP Team determines that the child needs access to those devices in
order to receive FAPE (AAC 290-8-9.07(6)(e).
1-221. Are items such as eye glasses, wheelchairs, or hearing aids considered to be assistive technology
devices? If so, who is responsible for payment?
On a case-by-case basis, the use of school-purchased assistive technology devices in a child's home or
in other settings is required if the child’s IEP Team determines that the child needs access to those
devices in order to receive FAPE. (AAC 290-8-9.07(6)(e)). Items such as wheelchairs, hearing aids,
and eyeglasses may be considered to be assistive technology (Letter to Seiler, 20 IDELR 1216 [OSEP
1993], Letter to Bachus, 22 IDELR.
1-222. If a particular
device is recommended on a report or in a student’s IEP, is the LEA responsible
for providing the equipment?
No. When a particular assistive technology device or service is recommended in an evaluation report,
the IEP Team must consider the recommendation. If the IEP Team decides that the recommendation
is appropriate the IEP team should include the AT in the IEP.
1-223. Who is qualified to do an assistive technology evaluation?
The qualifications of the evaluator(s) depend on the type of assistive technology being considered.
There are no federal regulations regarding the qualifications of an assistive technology evaluator.
1-224. Who determines the need for assistive technology?
The IEP Team determines the need for assistive technology.
1-225. When and where is the assistive technology evaluation completed?
When - The evaluation must be completed within a reasonable period of time.
Where - The evaluation should take place in the child’s customary environment.
1-226. What is consideration of assistive technology?
Consideration of assistive technology is a discussion that takes place during the IEP meeting to
determine if an AT device or service is needed in order for the student to receive FAPE.
1-227. Is assistive technology a disability category?
No. Assistive technology is not a disability category.
1-228. Is assistive technology a “special education service?”
According to the federal regulations 300.308 assistive technology may be a special education service a
related service, or a supplementary aid and service.
1-229. Is assistive technol
ogy a “related service?”
According to the federal regulations 300.308 assistive technology may be a special education service,
a related service, or a supplementary aid and service.
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Process 1: Referral Through IEP Implementation
1-230. Is assistive technology a “supplementary aid and service?”
According to the federal regulations 300.308 assistive technology may be a special education service,
a related service, or a supplementary aid and service.
1-231. What role does assistive technology play in supporting the student in the least restrictive
environment?
Assistive technology serves as an attempt to level the playing field and to maximize, to the extent
appropriate, the student’s ability to receive services in the least restrictive environment.
1-232. Where is assistive technology documented in the IEP?
Assistive technology may be documented throughout the IEP. The student’s present level of academic
achievement and functional performance should determine where assistive technology is documented
in the IEP. If assistive technology is checked “yes” under special instructional factors, it must be
addressed in the IEP.
1-233. Should the IEP Team state the brand name of an assistive technology device?
No. Citing specific equipment, software, or apps on an IEP is not recommended. A broad description
of function such as “communication device” instead of a brand name should be used.
1-234. Are back-up devices needed or emergency contingency plans required?
Yes. The IEP Team should discuss the use of back-up equipment. Back-up equipment should be used
until the student’s equipment is repaired or replaced even though it may not be identical to the device
being repaired or replaced.
1-235. Who decides what assistive technology the student needs?
The IEP Team decides what assistive technology the student needs.
1-236. What is the assistive technology range of service or type of device the district is required to
provide to the student?
There is no set range of assistive technology devices or services. The IEP Team determines the needs
of the student and the device or service that best fits the student.
1-237. Is it appropriate to recommend assistive technology equipment at the IEP meeting if you know
the necessary training for the student will not be available due to a shortage of qualified
personnel?
Yes. It is appropriate as part of the consideration process. A student’s IEP should not be limited to the
services currently available.
1-238. What happens when a parent disagrees with the IEP Team’s decision that assistive technology is
or is not needed?
The parent may request an Independent Educational Evaluation (IEE), mediation, and/or impartial due
process hearing.
1-239. Is the LEA responsible for funding assistive technology for a student who is served in special
education and needs assistive technology?
Yes. Special education means specially designed instruction, at no cost to the parents, to meet the
unique needs of a child with a disability (AAC 290-8-9.00(21)(a)(1).
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Process 1: Referral Through IEP Implementation
1-240. Can an LEA decline to provide assistive technology services and equipment due to a lack of
funds?
No. A public agency is responsible for providing what is included in the IEP. Public agencies cannot
deny the provision of equipment due to a lack of funds.
1-241. Is the LEA required to provide assistive technology for students with disabilities parentally
placed in private school?
Possibly. The specific types of services to be provided are based on equitable services outlined in the
LEA’s private school agreement serving children with disabilities placed by their parents in private
school.
1-242. Can the parent choose to purchase a device for the student to use in the school environment?
Yes. Parents may purchase a device for their child to use at school.
1-243. Does the school hav
e any responsibility for personally provided parent devices?
No. When the parentally purchased device is not necessary for the child to receive FAPE, the public
agency is not responsible.
Yes. When the parentally purchased device is identified as a need on the IEP, the public agency is
responsible.
1-244. How are personally provided parent devices documented in the IEP?
Personally provided parent devices are only documented on the profile page as personally provided
parent devices in the “other” section of the IEP.
1-245. Are all service providers involved with the student required to receive training in the assistive
technology used by the student?
This is an IEP Team decision. The depth of training depends on the use of AT in the environment and
the person’s involvement with the student and equipment.
1-246. What if the student does not use the assistive technology device after it has been purchased?
If the student does not use the assistive technology offered, provide additional training to the student
and personnel. If additional training is not sufficient, the IEP Team should revisit the consideration
process and determine if different technology is required to meet the student’s needs.
1-247. Is a parent responsible for a lost or damaged device that was provided by the LEA?
No. When assistive technology is specified on the student’s IEP, the family cannot be required to
incur any financial responsibility.
1-248. Does the student keep the same assistive technology until graduation?
Yes. If the present technology continues to meet the student’s need. However, assistive technology
consideration is an ongoing process, therefore the IEP Team must annually determine if the current
technology continues to meet the student’s needs.
1-249. Must assistive technology be provided for students with disabilities attending virtual
schools?
Yes. When the IEP Team determines virtual school as an appropriate environment, the student with a
disability must receive assistive technology, if needed, as a part of the student’s special education
services.
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Process 1: Referral Through IEP Implementation
1-250. If a student from another district enrolls in a virtual school in my district, who is
responsible for providing the needed assistive technology?
If a student with a disability applies and is accepted as an out-of-district enrollee, the public agency
sponsoring the virtual school is responsible for the educational program and the special education and
related services.
1-251. Would a computer-based reading program be considered assistive technology?
A computer-based reading program could be considered as part of the student’s Special Education,
Supplementary Aids and Services, or as Assistive Technology (AT) if the IEP Team determines the
program is needed for the student to receive FAPE. If it is a program available to all students, it is not
considered to be AT and not included on the IEP.
English Learner (EL) and the Special Education Process
1-252. Does an EL need to be in school for a certain amount of time before he can be
referred/evaluated for special education services?
No. Any student may be referred and evaluated at any time if there are concerns and it is determined
to be appropriate. During the special education eligibility process, the IEP Team is directed to
consider the amount of formal education the student has received in its decision regarding eligibility.
1-253. Does an EL need to reach a certain level of English proficiency on the WIDA ACCESS or
comparable measure before he can be referred for special education evaluation?
No. If concerns are present and the team determines that referral/evaluation are necessary, the student
may be evaluated at any time. If the student is not proficient in English, evaluation should proceed in
the dominant language.
1-254. Can ELs with little or no previous formal education in their home countries be referred for
special education evaluation?
Yes. The IEP team and/or eligibility committee must determine that the student’s disability is not the
result of a lack of appropriate instruction in order to determine him eligible for special education
services. Consider that some countries offer no special education services, so a student with special
needs may have been excluded from attending school.
1-255. Can an EL kindergartner or preschooler be referred for special education evaluation?
Yes. If concerns are present, the kindergarten EL should proceed through RtI and/or special education
processes just as any other student. If the child is in preschool, no RtI is required. If the child is too
young for the WIDA ACCESS or comparable measure to be administered to determine English
proficiency, the IEP Team or eligibility committee should rely upon thorough data from parents and
the home language survey to determine the language in which assessment should be conducted to give
the most accurate information on what the child knows and can do.
1-256. Should an EL’s parents be discouraged from speaking their native language at home?
No. Research suggests that children need exposure to rich language environments. Parents should be
encouraged to speak in the language that is most comfortable for them to create a language rich
environment in the home. If a parent does not speak English, then attempts to do so to communicate
with the child would be very limited in scope and would possibly not provide a rich English language
model. In addition, a child who does not speak his family’s language will be isolated from them
linguistically, socially, and culturally.
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Process 1: Referral Through IEP Implementation
1-257. How can evaluators ensure that assessment results are a true reflection of the student’s
performance, not limited English language proficiency?
There is no simple way to do this. Evaluators should use multiple measures to accurately determine an
EL’s level of functioning. To the degree possible, assessment data should be compared with level
of functioning in the classroom and/or home environments, as well as the student’s response
to interventions that have been introduced. In all cases, evaluators should cautiously interpret test
data and standard scores, reporting any nonstandard administration of assessments on the eligibility
report.
1-258. Can a student receiv
e both special education services and EL services at the same time?
Yes. Once a child is determined eligible for special education services, the IEP Team must consider
his specific functional, language, and academic needs and select the appropriate services to meet those
needs.
1-259. What is the procedure to be used if the native language of the EL is one for which a translator is
not readily available?
The LEA must exhaust every possible resource for securing the services of a fluent
translator, including, but not limited to, contact with universities, hospitals, military bases,
community-based groups, churches, or other LEAs. Attempts at obtaining a translator should
be documented and maintained in LEA files. While LEAs are discouraged from using immediate
family members or close family friends as a translator, community members who are fluent in the
native language and English may be used. If no translator is available, commercial sources are
available that provide services such as telephone translation or online video conferencing.
TRANSITION: from Part C Early Intervention to Part B Preschool Programs
1-260. How is the LEA notified by Early Intervention of a child who is potentially eligible?
The Early Intervention service coordinator notifies a designated LEA representative by emailing an
Early Intervention Notification to Local Education Agency letter. Parents are now required to sign an
Opt-Out Form if they choose not to have any information sent to an LEA. Service coordinators will
automatically send the EI Notification to the LEA if a parent fails to sign an Opt-out Form after 10
days The Early Intervention Notification to Local Education Agency letter may be sent by mail, faxed
or emailed. This letter serves to notify the LEA and begin the process of convening a Transition
Planning Meeting. The invitation cites the age of the child, length of time in early intervention
services, a timeline for meeting, and a request for confirmation. The service coordinator may include
more information (IFSP, evaluations, provider notes) only if a parent provides written permission.
1-261. How does the LEA representative acknowledge receipt of an invitation to the Transition
Planning Meeting?
The LEA representative can acknowledge receipt of an Early Intervention notification and invitation
to convene a meeting by calling, mailing, faxing or emailing the service coordinator. Best practice is
to email with a read receipt to the LEA’s designated preschool contact. An LEA is requested to
respond within two weeks of receipt of the notification.
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Process 1: Referral Through IEP Implementation
1-262. Can EI's Transition Planning Meeting be combined with the LEA Referral Meeting?
Yes. If the parents agree. Recent guidance from the Alabama State Department of Education Special
Education Services to LEAs indicates this is no longer the most common practice. If the two meetings
are combined, the LEA must notify the family by sending a Notice and Invitation to a
Meeting/Consent for Agency Participation form. Some parents mistakenly interpret this form as an
invitation to a replacement meeting for the Transition Planning Meeting. Service Coordinators must
make the distinction in these meetings clear to families.
1-263. Who is required to attend the EI/LEA Transition Planning Meeting?
The only individuals who must attend this meeting are the parent, a service coordinator and
ONE LEA Representative who is knowledgeable about the referral process.
1-264. Must the IEP be developed prior to the child's third birthday if the LEA has accepted the EI
Notification to LEA letter?
Yes. The IEP has to be ready to implement on the third birthday if the LEA has accepted the referral
and the child has been determined to be eligible for special education services according to the
Alabama Administrative Code Under such circumstances, an IEP should be developed prior to the
child’s third birthday.
1-265. Must the LEA begin services for eligible children on their third birthday when their birthday is
during a school break (e.g., summer)?
When the LEA accepts a referral and the child is determined to be eligible prior to the 3
rd
birthday the
IEP must start on the third birthday unless the IEP Team determines that services can begin at a later
date (such as first day of next school year). The decision to delay the beginning of services must be
made by the IEP Team and cannot be a decision made by the LEA based on its current school
calendar. All children moving from early intervention to the LEA do not receive services during the
summer. The decision must be documented in the IEP.
1-266. Who may the LEA designate as the general education teacher since publicly funded programs
for typical three- and four-year-olds are not universally available to all children?
If the child does not attend an early childhood program, the LEA must designate someone who meets
the state requirements for providing services to typically developing preschool children. Some
examples include K-3
rd
grade teachers certified in early childhood, Head Start teachers who meet the
state requirement to be employed as a Head Start teacher, or a childcare teacher who meets the state
requirements to be employed as a childcare teacher. The general education designee must meet the
state standards required for their current job, that is, early childhood public school teacher, Head Start
teacher, or childcare teacher.
1-267. If the child is going to be served at home, will a general education teacher be a required member
of the IEP Team?
Yes. A general education teacher must always be a member of the IEP Team. The least restrictive
environment (LRE) is not decided until the IEP Team meets and determines the appropriate place for
the special education services to be provided.
1-268. What is the minimum number of hours of services that a preschool child must receive?
There is no minimum number of hours of services. The IEP Team determines the amount of service
needed to implement the goals.
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Process 1: Referral Through IEP Implementation
1-269. When a child is attending Head Start, who is responsible for providing the special education
instruction, services, and supports?
The LEA is ultimately responsible for providing the special education services, related services,
support, and materials that are delineated in the IEP. However, some Head Start programs may
choose to provide services that will support a child with special needs.
1-270. Must LEAs provide transportation for three- and four-year-olds, even when the LEA does not
transport other typically developing three- and four-year-old children?
Yes. If it is required for the child to benefit from the special education services. Transportation is a
related service just as occupational therapy, physical therapy, etc. are related services, and the IEP
Team must consider on an individual basis if it is required for the child to benefit from special
education.
1-271. Is it appropriate to provide preschool services in kindergarten classrooms?
Each decision should be made based on the individual needs of the child. In most situations,
kindergarten classrooms are not appropriate for three- and four-year-olds. Also, kindergarten
classrooms cannot be the placement for children who do not meet the kindergarten age requirements.
Children must be five (5) by September 1. There is a wide gap in development between a typical
three-year-old and a kindergarten. Developmentally appropriate practices must be implemented with
all young children, and most activities occurring in kindergarten are not developmentally appropriate
for three-and four-year-olds. The LRE requirements under Part B of the IDEA state that preschool
children with disabilities are expected to be educated in a preschool setting with typically developing
peers.
1-272. Must the lEP address all five developmental domains (motor, cognition, communication,
adaptive, and social)?
No. The IEP Team should prioritize the needs of the child and focus on skills that will facilitate the
child's ability to function independently, become a member of the classroom community, engage in
learning experiences, establish interpersonal relationships, communicate, and meet pre-academic
expectations. Area(s) addressed in the IEP are dependent on the needs of the individual child.
1-273. What is “educational performance” for preschool children?
Educational performance for preschool children refers to developmentally appropriate academic,
social-emotional, self-help, adaptive, motor, and/or communication skills. That is can he/she
participate or do the things that a typically developing preschool age child can do.
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