The purpose of the IEP document is to provide a written record of the decisions made at an IEP meeting.  The date the IEP meeting took place is considered to be the “annual IEP date.”

Recommendation: An IEP must be implemented as soon as possible following the meeting at which the IEP was written; therefore the IEP must be written as soon as possible following the IEP meeting. While there are limited circumstances that could delay the implementation of an IEP, districts must make services available within a reasonable period of time (e.g., within a week or two following the IEP meeting.)

Federal Setting: Refer to the following lists to determine the appropriate federal setting for a student. Write the number of the setting in the box.

Federal setting for students kindergarten to graduation or through age 21:

I. Regular class
The student receives the majority of special education and related services in a general education classroom and is outside the general education classroom (or in the resource room) for no more than 21% of the school day. Home schooling is considered a general education setting.

II. Resource Room
The student receives special education and related services in a resource room outside the general education classroom for at least 21% but no more that 60% of the school day.

III. Separate Class
The student receives special education and related services in a separate class outside of the general education classroom for more than 60% of the school day.

IV. Public Separate Day School
The student receives special education and related services in a separate day school facility for greater than 50% of the school day.

V. Private Separate Day School
The student receives special education and related services in a private separate day school facility at public expense for greater than 50% of the school day.

VI. Public Residential
The student receives special education and related services in a public residential facility for greater than 50% of the school day.

VII. Private Residential
The student receives special education and related services in a private facility at public expense for greater than 50% of the school day.

VIII. Homebased/Homebound/Hospital
Special education services are provided in a hospital or home.


Federal setting for early childhood special education students ages three to kindergarten entrance:

I. Early Childhood Setting
Special education and related services are provided in educational programs designed primarily for children without disabilities. Examples include:
-regular kindergarten classes;
-public or private preschools;
-Head Start centers;
-child care facilities;
-pre-school classes offered to an eligible pre-kindergarten population by the public school system;
-home/early childhood combinations;
-home/Head Start combinations; and,
-other combinations of early childhood settings.

II. Early Childhood Special Education
Special education and related services are provided in educational programs designed primarily for children with disabilities housed in regular school buildings or other community-based settings.
Examples include:
-special education classrooms in regular school buildings;
-special education classrooms in child care facilities, hospital facilities on an outpatient basis,
-or other community-based settings; and,
-special education classrooms in trailers or portable facilities outside regular school buildings.

III. Home
Special education and related services are provided in the principal residence of the child’s family
or caregivers.

IV. Part-time Early Childhood/Part-time Early Childhood Special Education Setting
Special education and related services are provided in multiple settings, such that
a) A portion of the special education and related services is provided at home or in educational programs designed primarily for children without disabilities, and
b) The remainder of the special education and related services is provided in programs designed primarily for children with disabilities.
Examples include:
-Home/early childhood special education combinations;
-Head Start child care, nursery school facilities, hospital facilities on an outpatient basis or other community-based settings with special education provided outside of the regular class;
-Regular kindergarten classes with special education provided outside of the regular class;
-Separate school/early childhood combinations; and,
-Residential facility/early childhood combinations.

V. Residential Facility
Special education and related services are provided in publicly or privately operated residential
schools or residential medical facilities on an inpatient basis.

VI. Separate School
Special education and related services are provided in educational programs in public or private day schools specifically for children with disabilities.

VII. Itinerant Service Outside the Home (Optional)
Special education and related services are provided at a school, hospital facility on an outpatient basis, or other location for a short period of time (i.e., no more than three hours per week). This does not include children receiving services at home; see III. above.

VIII. Reverse Mainstreaming (Optional)
Special education and related services are provided in educational settings designed primarily for children with disabilities but include 50 percent or more children without disabilities.

PROGRESS REPORTING

Frequency and method(s) to be used for reporting progress to parents:
State how often the parent(s) will be informed of the child’s progress. Progress must be reported to parents at least as often as progress of the child’s peers without disabilities is reported. Frequency of reporting is based on the district progress reporting schedule and could vary from district to district, building to building, and/or level to level (e.g., high school, middle school, elementary) within a district.  The frequency must be specifically stated, do not write "as needed".

For children age three to kindergarten entrance, a minimum of one progress report per year is required in addition to the annual IEP review. However, the district may choose to use the same progress reporting procedures used for all students in the district.

Describe the method(s) to be used to report progress to parents. Methods of progress reporting include: written reports, such as an IEP, report card, IEP Progress report, face to face conferences or phone calls. Progress reporting must be documented in the Log of Contacts on Campus.

TRANSFER OF RIGHTS AT AGE OF MAJORITY
Addressed only in IEPs for students who will reach age 17 during the tenure of this IEP.

Beginning at least one year before a student reaches the age of 18, the IEP must include a statement that the student has been informed of what procedural safeguards and rights will transfer from his/her parents to him/her upon reaching age 18. Enter the date the student was informed of this transfer and his/her rights.

SPECIAL EDUCATION AND RELATED SERVICES TO MEET GOALS AND OBJECTIVES

The primary purpose of this section of the IEP is to record information about the types of services to be delivered to the student. Report service minutes per day and the frequency per week, unless the service is not provided on a weekly basis.

When developing an IEP, the team must consider special factors and the possible impact of those factors on the child’s ability to accomplish education goals. For a child who is blind or visually impaired, there are additional documentation requirements regarding Braille instruction including: the date Braille instruction will begin; the length, duration, and frequency of each Braille session; and the beginning date for related services such as interpreter, orientation and mobility, and augmentative or assistive technology services. See Appendix B for further information.

Instruction or Service Provided: Enter the type of instruction or special education or related service to be provided. Do not report program names or types.

Location/Provider: Indicate where the service is provided and by whom.

Type: Indicate if the service is provided in the regular education or special education setting.

Anticipated Frequency: Enter the number of times per week or per month the student will receive the service. Denote the calendar unit being used (e.g., weekly, 2 times/month, once a year).

Minutes Per Session: Enter the number of minutes per session of direct and/or indirect service is to be provided.  Direct service means special education or related service provided to the student by a licensed special education teacher or a related service professional. Direct service may include special education service provided by a paraprofessional if the service is being provided only to the student in question.

Indirect service means special education or related service such as ongoing progress review; cooperative planning; consultation; demonstration teaching; modification and adaptation of the environment, curriculum, materials or equipment; and direct contact with the student to monitor and observe. Indirect service may be provided by a special education teacher or a related service professional to another special education teacher, a general education teacher, related service professional, paraprofessional, support staff, parent(s), and public and nonpublic agencies to the extent that the service is described in the student’s IEP.

Anticipated Duration: Enter the length of time the service is anticipated to last or the ending date of the IEP (e.g., 12 months, 1 year, or 5/24/99). There must be a direct relationship between the anticipated duration of services and other parts of the IEP (e.g., goals and objectives). The maximum duration of an IEP is 12 months or one year.

Recommendation: If the child receives services in a location operating on a different calendar than the public school, attach a copy of the calendar (public or private) to be used, so the parent is aware of what constitutes a school year for the child.

LEAST RESTRICTIVE ENVIRONMENT (LRE) JUSTICATION

To the maximum extent appropriate, students with disabilities, including children in public or private institutions or other care facilities, are to be educated with children without disabilities. Special classes, separate schooling, or other removal of children with disabilities from the regular education environment occur only when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

The extent of nonparticipation: Describe the amount of time per week the student spends in special education settings.

Reason(s) for this nonparticipation: Justify why the effect of the student’s disability requires service(s) in the setting selected. Documentation of the team’s justification must describe the reasons for the student’s removal from general education and for his/her nonparticipation in activities with students without disabilities. The nature or severity of the disability must be such that education in a general education setting with supplementary aids and services cannot be achieved satisfactorily. Reasons such as the student’s disability, a lack of appropriate curriculum or other materials, school organizational structure, or administrative policy do not justify removal from general education.

IEP TEAM MEMBERSHIP

All decisions related to students with a disability are made through the IEP team.  Possible IEP team members are listed below.  It is important to note that specific members are
required to attend the IEP team meeting in order for the meeting and the IEP to meet legal requirements.  Members who are required to attend the IEP meeting have an asterisk by their title.

IMPORTANT:  All decisions related to a student with a disability are made by the IEP team.  No one member of the team can unilaterally make a decision about the student and the IEP.  This is why it is critical that the legal members be present.  The District Representative is especially important because this person commits the District to carrying out what is written in the IEP.

IEP Team Members:

*Parent, including a legal guardian, a suggogate parent, and the student if age 18 or older;
*General Education Teacher (if the student is participating in the general education setting);
* Special Education Teacher licensed in the student's area of disability;
*District Representative who is qualified to provide or supervise the provision of special education and is knowledgeable about the availability of resources of the District;
Individual who can interpret the instructional implications of evaluation results including any special factors.  This may already be one of the above members of the school team.
At the discretion of of the parent(s) or the District, other individuals who have knowledge or special expertise regarding the student including related services personnel as appropriate;
When, appropriate, the student with a disability.

When transition needs are being considered, the student must be invited to the meeting.  If the student fails to attend, the District must consider the student's interests and preferences in the development of the IEP.

If appropriate, someone who is a member of the same minorityu or cultural background or who is knowledgeable concering the racial, cultural, or disabling differences of the student.

A county representative may be requested by the District to attend meetings for student who may be eligible for interagency services.

NOTE: IEP Managers must indicate on the IEP which members of the IEP team were present at the IEP team meeting.  This is done by clicking on "yes" or "no" for team membership on Campus.

PROGRAM PLANNING

There should be a direct relationship between the present levels of performance, educational needs, and goals. In developing the IEP, the team shall consider the special factors as defined at the beginning of this document, the strengths of the student, and the concerns of the parents for enhancing the education of their child.

As noted previously, consideration of special factors may impact the description of present levels of educational performance and the development of educational goals and objectives.

Present Level(s) of Educational Performance and Educational Needs: For areas of presenting problems, write summary statements that address both current functioning and unique special education instruction needs of the student. Each statement must be written in objective measurable terms with enough information to describe the student’s skill status. Describe how the student’s disability affects his/her involvement and progress in the general curriculum. Student-based need statements must identify specific skills and/or behaviors to be learned.

For children age three to kindergarten entrance, describe how the child’s disability affects participation in developmentally appropriate activities.

The student’s current educational performance and needs in all five secondary transition areas must also be described in this section of the IEP by the time the student turns age 14 or enters grade 9 and thereafter. Evaluation data will have identified the student’s goals for the future and the explanation and skill needs should reflect current status in relation to these goals.

When developing an IEP for a student who is legally blind, include:

• The results of a Braille inventory, including a statement of strengths and deficits; or
• Documentation stating why a Braille skills inventory was not considered appropriate.
• If Braille is not recommended, describe specific evidence used to determine that the student could read and write effectively without Braille, or include a statement that the team members concur that the student’s visual impairment does not affect the student’s reading and writing performance and the student’s performance is commensurate with the student’s ability.
• Include a statement that the decision about a student’s needs was reached at the IEP meeting after a review of pertinent literature regarding the benefits of Braille.

Consideration of Special Factors:

IDEA ’97 requires teams to consider the impact of the following special factors when developing the IEP. Consideration of these factors may impact various sections of the IEP. Commentary on the federal rules for IDEA ’97 published in the Federal Register states that there is “an affirmative obligation on the IEP team to ensure that the child’s IEP reflects those considerations…if the IEP team determines, through consideration of special factors, that a child requires a particular service, intervention, or program modification, a statement to this effect must be included in the child’s IEP.” (Federal Register Vol. 64, No. 48 p. 12588)

Following is a summary of IDEA ’97 requirements with notes regarding additional state requirements.

1. Behavior: “In the case of a child whose behavior impedes his or her learning or that of others, consider, if appropriate, strategies, including positive behavioral interventions, strategies, and supports to address that behavior”;

Consideration of behavior should, when appropriate, be reflected in the statement of present levels of educational performance and in the development of educational goals and objectives.

The student’s ability to comply with the school’s disciplinary policy and/or the need for modifications to the policy should be addressed in the adaptations in general and special education.

Additional MN requirement: When a conditional behavior intervention is being considered, the evaluation must include an FBA, an analysis of the purpose, effect, and seriousness of behavior. (MR 3525.2910, Subp. 4F, MR 3525.2900 Subp. 5).

2. Limited English Proficiency (or English Language Learner - ELL): “In the case of a child with limited English proficiency, consider the language needs of the child as those needs relate to the child’s IEP”; Item #4, Communication Needs, also applies to students with limited English proficiency (LEP).

As noted in the Federal Register Commentary on the IDEA ’97, the language needs of LEP students should be reflected in the IEP goals, objectives, and services. This includes consideration of the need for instruction in the student’s native language.

“Issues such as the extent to which a LEP child with a disability receives instruction in English or the child’s native language, the extent to which a LEP child with a disability can participate in the general curriculum, or whether English language tutoring is a service that must be included in a child’s IEP, are determinations that must be made on an individual basis by the members of a child’s IEP team…in developing an IEP for a LEP child with a disability, it is particularly important that the IEP team consider how the child’s level of English language proficiency affects the special education and related services that the child needs in order to receive FAPE…For a LEP child with a disability…the IEP must address whether the special education and related services that the child needs will be provided in a language other than English.”
(Federal Register Vol. 64, No. 48, p. 12589)

LEP students with a disability are also entitled to receive English as a Second Language or Bilingual Education services as provided under MS 126.262. Recommendation: Information regarding the types of ESL or Bilingual Education services and how those services will be coordinated with special education and related services should be stated in the section “Adaptations in General and Special Education.”

3. Blindness: “In the case of a child who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless the IEP team determines after an evaluation of the child’s reading and 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), that instruction in Braille or the use of Braille is not appropriate for the child”;

Additional MN requirement: The Evaluation/Reevaluation Summary Report must document the team’s evaluation and recommendations regarding the appropriateness of Braille instruction (See p. 10, instructions for the evaluation report). The team’s conclusions with regard to Braille instruction must then be reflected in the goals and objectives and, as appropriate, in adaptations to general and special education.”

4. Communication Needs: “Consider the communication needs of the child, and in the case of a child who is deaf or hard of hearing, consider the child’s language and communication needs, opportunities for direct communications with peers and professional personnel in the child’s language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child’s language and communication mode.”

Consideration of communication needs may impact placement decision (LRE), special education and related services, goals and objectives, and adaptations in general and special education.

5. Assistive Technology: “Consider whether the child requires assistive technology devices and services.”

Assistive technology service means any service that directly assists the child with a disability in the selection, acquisition, or use of an assistive technology device. IDEA ’97 includes the following specific requirements
with regard to evaluation and IEP development:

(1) The evaluation of the needs of the child, including a functional evaluation of the child in the child’s customary environment;
(2) Purchasing, leasing, or otherwise providing for the acquisition of assistive technology by the child;
(3) Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing of
(4) Assistive technology devices;
(5) Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;
(6) Training or technical assistance for the child or, where appropriate, the family of the child; and
(7) Training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of the child.

Consideration for assistive technology may result in both direct and indirect services such as described in (5) and (6) above. The team may need to address assistive technology in adaptations to general and special education as well as in goals and objectives.

Transition Services Needed: List the transition service need(s), if any, in each of the five transition areas, related to instruction, related services, community experiences, development of employment and other post school adult living objectives, and, if appropriate, the acquisition of daily living skills and functional vocational evaluation. Identify the student’s courses of study related to attaining future outcomes (such as participation in advanced placement courses or a vocational education program). A student may write his/her own statements of transition service needs.

Transition Activities: List any activities that will assist a student in meeting future outcomes in each of the five transition areas. These activities are different from goals and objectives in that they generally do not require instruction. Identify the person(s) responsible for ensuring the activities are implemented and accomplished.

Goals and Objectives: While IDEA ’97 emphasizes involvement and progress in the general curriculum, goals and objectives are not written for the general curriculum. The goals and objectives in the student’s IEP focus on the skills and behaviors the student needs to learn in order to be involved and progress in the general curriculum. The IEP team may choose to write objectives, benchmarks, or a combination of the two to assist the team in reporting progress throughout the school year.

Measurable Annual Instruction Goal which include three components:
(1) Skill/behavior to be changed;
(2) Direction of change;
(3) Expected annual ending level of performance.

Short Term Objectives or Benchmarks: Each goal has a minimum of two objectives. Objectives are steps leading to the attainment of the goal. Benchmarks are defined as developmental milestones. Each objective includes the following components:
(1) Skill to be performed;
(2) Conditions for evaluation;
(3) Criteria for evaluation;
(4) evaluation procedures.

Instructional goals and objectives for secondary transition: Instructional goals and objectives are required when a student does not have the necessary skills to attain his/her identified outcome. These goals and objectives address skills that need to be learned in order for the student to attain his/her future goal(s) and have the same format requirements as other educational goals and objectives.

ADAPTATIONS IN GENERAL AND SPECIAL EDUCATION

Adaptations, including 1) supplemental aids and services in general and special education, and 2) program modifications or supports for school personnel to meet the needs of the child, and 3) assistive technology:

Describe specific adaptations that will be made available to the student in any or all settings. Include supplemental aids and services to be provided to the student or on behalf of the student to school personnel to enable the student to advance toward attaining his/her annual goals and be involved and progress in the general curriculum. Refer to Appendix E for a partial list of potential adaptations that may be selected for a student.
This list could be used at an IEP team meeting as a guide in making decisions about adaptations.

A paraprofessional may be assigned to a student, to a teacher, or to a special education program. When a paraprofessional is assigned to an individual student, describe the duties and responsibilities in this IEP section.

Special factors may also be addressed in this part of the IEP:
A. For students who are legally blind and for whom Braille is recommended, indicate how Braille will be integrated into other classroom activities. For all students who are legally blind, indicate how information about Braille will be given to all IEP team members, including parents.
B. For students who are not English proficient (LEP) and for whom English is a Second Language (ESL) and/or bilingual services (interpreters, etc.) are provided, identify those services and how they are coordinated with special education services.
C. If a student is in need of any assistive technology to help with written work or to allow the student to communicate, etc., state that information and how the device(s) will be used in the school and/or home.
D. Consider the communication needs of a student who is deaf or hard of hearing and indicate if an interpreter is required or if there are any other methods being used to supplement the student’s communication efforts.
E. If the student’s behavior is so different or problematic that alteration of the school discipline policy is necessary, state the changes needed here. Include strategies, supports, and positive behavioral interventions designed to address the student’s behavior. Documentation of conditional behavioral intervention plans may be attached or included in this section.

EXTENDED SCHOOL YEAR

Check a box to indicate that extended school year (ESY) services were considered and discussed, and that a decision regarding the student’s need for ESY was made. The team must determine the need for ESY services on an annual basis.

Recommendation: Describe the ESY program in the current IEP by identifying the goals/objectives in the current IEP to be maintained, the services to be provided and timelines for the ESY services.

 IEP.doc