Basic Development of the Individualized Education Program Annie Margaret Harris Office of Special...

Basic Development of the Individualized Education Program

Annie Margaret HarrisOffice of Special Education

Division of Technical Assistance

2011 - 2012 Mississippi Department of Education Office of Instructional Enhancement and Internal Programs Office of Special Education

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What is the Purpose of an IEP?

• It considers individual needs.• It describes how the student learns and what may

improve learning.• It is a collaborative communication process

between school district staff and parent(s). • It shows management and level of resources.• It is an accountability tool for implementation but

NOT a performance guarantee.• It reflects the IEP Committee’s decisions.

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Individualized Education Program (IEP)

The IEP is a:• legal document• teaching instrument• road map for students

The IEP must be:• developed within 30 days of initial eligibility• in effect before special education services are

provided

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The IEP Committee Members

• Parent(s)/guardian• General education teacher (at least one) • Special education teacher(s)• Agency representative (must have the authority to commit school

district resources)• Student (if appropriate)• Related service personnel (if appropriate)• Evaluation personnel – can interpret instructional implications of

evaluation results• Others with knowledge of child or special expertise

***IEP Committee members can wear more than one hat.***

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IEP Committee Responsibilities

The IEP Committee determines:• Special education and related services

• Supplemental aids and services

• Program modifications/accommodations

• Support for school personnel

• Least Restrictive Environment

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IEP Committee Responsibilities

The IEP Committee is also responsible forensuring the child:• Advances appropriately toward attaining the annual

goal(s)• Is involved in and progresses in the general curriculum

and participates in extracurricular and/or non-academic activities

• Is educated and participates with non-disabled children

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Steps to Achieve Parental Participation

• Parents will be given the opportunity to participate in a meeting to develop and/or revise their child’s IEP.

• Parents will be given a list of who will be in attendance by name and position. Substitutions by position for persons named to be in attendance may be permitted.

• School district staff should document at least two (2) separate (different) methods such as notices, letters, telephone calls and home or other visits that were provided to parents in order to involve parents in a meeting to develop the IEP.

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Steps to AchieveParental Participation

• In accordance with §300.321 (e)(1) Team members may be excused from meetings if parent and LEA agree in writing.

• There is no requirement to attend if the topic does not deal with member’s area of concern.

• If topic does deal with member’s area of concern, the member must:

1. Provide written input to the parent 2. Obtain written parental consent for person to be excused• Technology may be used for IEP meetings (e.g., video

conferencing or conference calls).

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Best Practices Prior to IEP Meeting

• Decide who will be in attendance.

• Mutually agree upon time, date, and place.

• Send correspondence in a timely manner.

• Document attempts made to invite the parents.

• Inform participants of roles and responsibilities.

• Prepare an agenda.

• Set ground rules.

• Discuss issues and develop options for consideration.

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Suggested Rules for Successful IEP Committee Meeting

• Define the purpose of the meeting.• Follow the agenda.• Use jargon-free language.• Introduce committee members and their roles and

responsibilities.• Build on the ideas of others.• Encourage the involvement of the

parents/students.• Use procedures that lead to decisions made by

consensus.

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Determining Placement

The Individualized Education Program (IEP) Committee’s determination of the educational needs of a student with a disability is based upon:

• Evaluation• Student’s needs• Educational setting• Nonacademic services and activities


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Educational Setting

• Always begin with the assumption that the appropriate setting/placement for the student is the general education classroom for 80% or more of the school day.

• Ensure that the IEP goals and/or objectives are written in such a way that they could be implemented in the general education setting.


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Nonacademic Services and Activities

Students may not be excluded, on the basis of his/her disability, from participating in extracurricular activities and nonacademic services.

These may include counseling services, physical education, recreational athletics, transportation, health services, recreational activities, special-interest groups, and clubs sponsored by the school.


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Least Restrictive Environment (LRE)

IDEA emphasizes and requires that educational programs for students with disabilities be designed to ensure, to the maximum extent appropriate, their involvement in the general educational environment. No student with a disability can be removed from the general education environment unless the nature of severity of the disability is such that education in regular classes with supplementary aids and services cannot be satisfactorily achieved.


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Based upon these requirements, the majority of Individualized Education Programs (IEPs) for students with disabilities will be developed using the MS Curriculum Frameworks with special education services focusing on direct instruction to assist a student to achieve the general education curriculum requirements.


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Only in instances where the student has a history of requiring extensive individualized instruction and has been classified as having a significant cognitive disability (SCD) would the MS Curriculum Frameworks not be appropriate for the provision of instruction. Instruction for students who are classified as SCD would be aligned with the MS Extended Curriculum Frameworks.


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The IEP Committee members have a legal mandate (IDEA ‘04) requiring that students with disabilities receive their education in the general education classroom environment to the maximum extent appropriate, or, to the extent such placement is not appropriate, in an environment with the least possible amount of segregation from the students’ non-disabled peers and community.

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What Constitutes the LRE?

The general education classroom is the appropriate setting for educating a child with a disability when the child can be educated satisfactorily. However, the general education classroom is not necessarily the least restrictive environment for all children.


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IDEA ’0434 CFR 300.114(a)(2)(i)

Each public agency shall ensure that:

(1) To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are non-disabled; and


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34 CFR 300.114(a)(2)(i)

(2) Special classes, separate schooling, or other removal of children with

disabilities from the general educational environment occurs

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.


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34 CFR 300.115

The IDEA regulations further specify that a continuum of alternative placements must be available to meet the needs of children with disabilities for special education and related services.


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Service DeliveryPlacement Options

• Regular Classroom

• Resource Room

• Full-Time Special Class

• Community-Based Services

• Special School

• Residential School

• Home/Hospital

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Inappropriate Considerations in LRE Decisions

• Placement according to eligibility category or severity

• Placement where services are traditionally provided

• Citing disruption without evidence of behavior management attempts

• Cost, unless excessive


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Inappropriate Considerations in LRE Decisions

• Adopting a “full inclusion” policy instead of using the continuum of alternative placements

• Excluding parents from placement decisions

• Failing to follow the procedural requirements of the IDEA for all changes of placement


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What Does Inclusion Mean?

The term “inclusion” is generally recognized by educators to mean the placement of students with disabilities in the general education classroom with age- and grade-appropriate peers.


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Inclusion Means…

• No child is excluded on the basis of type and degree of disability.

• The school promotes cooperative/collaborative teaching arrangements.

• There is building-based planning, problem solving, and ownership of all students and programs.


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Inclusion Does Not Mean…

• “Dumping” students with disabilities into general education classrooms without careful planning and adequate support.

• Reducing services or funding for special education.

• Overloading any classroom with students who have disabilities or who are at risk.


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• Teachers spend a disproportionate amount of time teaching or adapting curriculum for students with disabilities.

• Putting all students with disabilities in one general education classroom.

• Isolating students with disabilities socially, physically, or academically within the general education classroom.


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• Jeopardizing the achievement of general education students through slower instruction or less-challenging curriculum.

• Special education teachers are relegated to the role of an assistant in the general education classroom.

• Forcing general and special education teachers to team together without careful planning and well-defined responsibilities.


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The Hartmann Three-Part Test (4th Circuit)

Inclusion should not occur when:1. A student with a disability would not receive educational benefit.2. Any marginal benefit from inclusion

is significantly outweighed by benefits in a separate setting.

3. The student is a disruptive force in the classroom.


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Important

• Consideration must be given to the possible effect of the inclusion of a child with a disability on the education of the other children in the class.

• If the presence of a student with a disability compromises the quality of the education in the classroom, the placement is inappropriate.


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Discuss Supplementary Aids and Services

If inclusion is the student’s LRE (as determined by the IEP Committee), the IEP Committee must decide if provision of supplementary aids and services will permit the student to be successful in the general education environment.


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Successful Inclusion

Successful inclusion is promoted through the IEP process and developed according to the individual student’s needs.

Instruction that addresses the IEP objectives and provision of related services must continue in the general education setting to the maximum extent appropriate.


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Successful Inclusion

Inclusion does not occur by simply moving a student to general education classroom; it is not a trade-off of supports and services, nor is it a trading-off of achievement of individual goals.


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More Important Factors

• Is the program appropriate for the student?• Is the entire continuum of placements available if needed?• Is placement determined annually?• Are individualized placement decisions made by the IEP

Committee and other qualified personnel?• Are students with disabilities receiving educational

benefit?• Are supports, supplementary aids and services being

provided in the general education classroom?


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Procedures

Students are placed in the least restrictiveenvironment using the following decision- making process:1. Review student’s most current IEP;2. Determine which IEP services, including

instruction, can be implemented in the general education classroom;


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Procedures

3. If all IEP services cannot be provided in the general education class, identify those that must be provided outside the general education class; however, the district will not remove a student from education in an age-appropriate general education classroom solely because of needed accommodations and/or modifications in the general education curriculum;


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Procedures

4. For those services that must be provided outside the general education classroom, identify where on the continuum, from least to most restrictive, the services can be provided;

5. Placement is in the school the student would attend if not disabled, unless another arrangement is required for implementation of the IEP;


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Procedures

6. In selecting the student’s placement, the IEP Committee considers and documents:a. All placement options considered, including those requested by the parent; b. Potential benefits of placement options that are considered;


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Procedures

c. Any potential harmful effects on the student or on the quality of services that he needs; and

d. Accommodations and/or modifications and services considered to reduce harmful effects.


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Always Consider

1. Academic benefit: The educational benefits available to the student in the general education classroom, supplemented with appropriate aids and services, as compared with educational benefits of a special education placement


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Always Consider

2. Nonacademic benefit: The nonacademic benefits of placement in a general education classroom, such as language, social skills, behavior, and self-esteem

3. Disruptive effect: The effect of the student’s presence on the teacher and other students in the classroom


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Always Consider

4. Additional cost of providing services in a regular classroom vs. prorated cost of providing services to student in a special education classroom, as it relates to the total school district budget


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Student’s Needs

What are the characteristics and needs of the student?• Rate of Learning• Student’s Strengths • Preferences/Interests• Social/ Emotional Skills• Behavior• Special Considerations• Overall Functioning Level


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What are the Characteristics of the General Education Setting?

• Do competencies align with curriculum?

• What are the characteristics of the physical environment?

• Can social, behavioral, and other goals be integrated with academics?


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Necessary Conditions for Successful IEP Development

• Strong and viable administrative support• Open and genuine collaboration and

communication• Ongoing and meaningful staff

development activities• Active and involved parents as partners

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Developing the IEP

IEP Team must consider:

• Child’s strengths• Parent’s concern for enhancing their child's

education• Results of initial or most recent evaluation of the

child• Academic development or functional needs of the

child

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Purpose of the Present Levels of Performance (PLP)

• To establish the foundation on which the rest of the IEP is developed

• To identify the impact of the disability on participation in the general curriculum

• To align student’s PLP information with the following: content standards & benchmarks, annual goals, supplementary aids/services/supports, and secondary transition services


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How the Disability Impacts…

How does the student perform independently and with support compared to other children in general education activities in the following areas:Academics, Language/Communication, Motor, Behavior, Health/Medical, and Transition/Career Prep?


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Present Levels of Performance (PLP)

• Describe the impact of the disability on the child’s ability to progress and be involved in the general curriculum.

• Summarize the student’s current functioning (including standardized or classroom-based assessment) in areas of strengths, as well as difficulties.

• Identify the student's instructional needs that may be written as goals.

• Prioritize needs that will be addressed during the duration of the IEP.

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Present Levels of Performance(PLP)

• This area must describe what the student does (strengths) and does not do (weaknesses) in objective, measurable terms.

• When appropriate, the present level must reference the student’s performance on district-level benchmarks and progress from the previous IEP.

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Present Levels of Performance(PLP)

The PLP statement outlines strengths such as learning style, specific academic skills, social skills, physical abilities, etc. that a child IS able to perform. It also gives information about struggles a child faces in these same areas.

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REMEMBER

Instruction for all students must be in alignment with the MS Curriculum Frameworks or the MS Extended Curriculum Frameworks.


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Academic Examples

• When given grade-level oral instruction, John can comprehend and use information when provided visual cues and questions for clarification…auditory processing needs affect ability to take notes during lectures.

• When given written materials, Jenny can comprehend and use the information when provided assistance with technical or difficult vocabulary, extended time, and frequent questioning for comprehension.


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Academic Examples Cont.

• When performing grade-level writing expectations, Patty can complete the assignment when provided assistance with organizing information, sentence structure and editing for spelling.


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Example of PLP

Jessica is an 8-year-old black female, currently in 2nd grade, with an SLD ruling in reading comprehension. She is shy and has a limited vocabulary. She responds to direct questions with short yes/no responses. She is not disruptive and follows simple commands, although she appears confused and agitated when more than one person is speaking to her. Star Reading assessment results show that she is functioning at the kindergarten level and the Key Math test, has her functioning at the 2nd grade level. Diagnostic assessment results from the Spring 2011 reveal that she is significantly below average in reading comprehension. She can read short word phrases, but fails to grasp an understanding of what she has read. She is also unable to place events in sequential order.


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Example of PLP

M.C. is a bright, outgoing 5th grader who socializes easily with other children. Currently, he is functioning on a fourth-grade level in reading/language arts and third-grade level in math based on the benchmarks from the MS Curriculum Frameworks taught in his classroom. M.C. struggles with mathematics and has not mastered addition or subtraction facts. He scored Minimal level on the MCT2 for mathematics and at the Basic level for Language Arts. He has a visual learning style and is an active child. Hearing and vision were reported within normal limits. M.C. interacts well with adults and enjoys reading and working in the computer lab. He is able to read to find answers, predict an outcome, and follow simple directions. M.C.'s teacher reports no social, behavior or emotional problems in the classroom. He stays on task, completes his work and interacts with the other students. M.C.’s mother is not pleased with his progress in math at this time. She expressed that she would like a computer math program downloaded on his PC so he will be able to practice at home.

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Example of PLP

Betty is a fifteen-year-old seventh-grader with an SLD ruling in math. According to the benchmarks from the MS Curriculum Frameworks, she is currently functioning on a fourth-grade level in math and sixth-grade level in reading. She is unable to meet the general education standards in the area of understanding and applying a variety of problem-solving strategies. She can compute addition problems when using Touch Math. She has difficulty processing story problems when they are read to her in a one-to-one situation. She does not understand the relationship of the language in the problems and the computation required. She needs to learn to set-up and solve story problems. Although the results of the MCT2 have her at the minimal level in mathematics, Betty’s mother stated that she continues to work with her at home and feels she is now beginning to make progress.

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Example of PLP

Henry is an 11 year -old 4th grade student with an EMR ruling. Henry has difficulty learning new tasks, maintaining new skills, and generalizing skills to new environments affecting his ability to participate and progress in the general education academic setting. According to the MS Curriculum Frameworks, Henry is currently reading and performing at the Pre-K grade levels. The most recent Evaluation and Eligibility Report (9/5/11) indicate that he is EMR due to un-even learning patterns in all domains including cognition, communication, socialization and self-help. When prompted he can tell you his name, recognize some basic colors, animals, shapes and food items. He can brush his teeth, comb his hair, dress and feed himself, all with prompting. He enjoys having stories read aloud to him, listening to music, and watching fishing shows on television and video. His parents would like for Henry to continue working on his self-help skills as well as socialization. He works well in small groups with familiar individuals ,but displays aggressive outburstswhen placed in large group settings with strangers. He will continue to receive positive behavior therapy 3 days each week.


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Supplementary Aids and Services

Definition:

Any device, provision of help, or activity that adds to or completes a child’s education by making up a deficit is a supplementary aid or service. Supplementary aids and services enhance a child’s ability to access general curriculum, to learn and participate.

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Supplementary Aids and Services

Questions to guide this discussion:• What supplementary aids and services are needed to

enable student to be successful?

• What specific aspects of the student’s education cannot be implemented in the general education

setting? Why not?

• What supports (e.g., equipment, personnel, professional development) might assist the teacher to be able to provide appropriate accommodations and/or modifications?

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Examples of Supplementary Aids and Services

Physical Environment• Preferential seating• Provision of a study carrel• Rearrangement of classroom• Permission to move from place to place in

the room (e.g., assignment of two desks placed on opposite sides of classroom)

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Materials and Instruction

• Extra time to complete assignments

• Reduction in the length of assignments

• Elimination of timing on timed tests

• Use of manipulatives

• Exclusion of poor spelling or handwriting from grading criteria

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Behavior and Social Interactions

• Extra time to travel between classes

• Behavior contract or behavior support plan

• Advance warning of transitions and changes in schedules

• Provision of a visual daily schedule

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People• Use of a note taker (student or

paraprofessional)• Assignment of a peer buddy• Access to counseling• Use of nonverbal signals to guide behavior• Provision of an interpreter

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Assistive Technology

• Modified computer equipment

• Adapted writing instruments

• Provision of spell checking, word prediction, and related software

• Use of calculator

• Provision of voice recognition software

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Accommodations

Definition: Accommodations are practices and procedures in the areas of presentation, response, setting, and timing/scheduling that provide equitable instructional and assessment access for students with disabilities.Accommodations reduce or eliminate the effects of a student’s disability and do not reduce learning expectations.

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Modifications

Definition:

Modifications are practices and procedures that include changing, lowering, or reducing learning or assessment expectations.Provision of modifications may result in implications that could adversely affect a student throughout the individual’s educational career

Examples include:

• Requiring a student to learn less material • Revising assignments or tests to make them easier

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Support for Personnel

• The ultimate focus is to provide a FAPE, including beginning implementation of aids/services, duration, and frequency of services provided by school personnel.

• Examples: Provide information regarding the disability Provide training for general education personnel Collaborate with special education personnel and/or related service providers Co-teaching Use an assistant in the general education setting

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Nonparticipation in General Education Services

• This area is addressed any time the student is not in general education the entire school day, including nonacademic and extracurricular activities.

• Example: Student receives language speech services twice a week for thirty minutes per session. (See page W-2 of the IEP.)

• (The IEP Committee would specify any amount of time the student is removed from the general education setting).

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Frequency of Services

• Frequency is the amount of time the student will be receiving services.

For reading, Juan will receive services daily for fifty-five minutes; for social studies and science, Juan will receive services three times a week for thirty minutes each session.

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Physical Location of Services

• Physical location is the actual location where the services will be provided.

Reading will take place in the special education classroom. Directed reading of social studies and science will take place in the general education classroom.


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Duration of Services

• Duration of services describes when services will begin and end (for that IEP term).

Services will begin on August 8, 2011 and will end on May 21, 2012.


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IDEA 2004

IEPs for all students must include a statement of measurable annual goals, including academic and functional goals. Benchmarks or short-term instructional objectives must be included in an IEP for a student with significant cognitive disabilities.

(§300.320 (a)(2)(i))

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Measurable Annual Goals

• The goals on a student’s IEP should relate to the student’s need for specially-designed instruction to address the student’s area of deficits and how those deficits interfere with the student’s ability to participate and progress in the general curriculum.

• In developing the IEP goals, the IEP Committee needs to select goals to answer the question: "What skills does the student require to master the content of the curriculum?" rather than "What curriculum content does the student need to master?"

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• There is a direct relationship between goal(s) and the needs identified in the PLP.

• Annual goals are descriptions of what a student can reasonably be expected to accomplish within a 12-month period with the provision of special education services.

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Four critical characteristics of well-writtengoals:

1. Goals are meaningful.2. Goals are measurable.3. Goals are able to be monitored.4. Goals are useful in making

decisions regarding a student’s education.

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Example of A Measurable Annual Goal

• During fifteen (15) minutes indoor free play, Bobby will engage in conversation with at least one other child for three (3) complete exchanges on three (3) consecutive days, measured by continuous time sampling one week per month, and reported monthly.

• All five categories are satisfied: condition, behavior, criterion, evaluation method, and schedule.

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Short-Term Instructional Objectives (STIOs) Regulations

• STIOs are intermediate steps that the student will take to reach the measurable annual goal. As an alternative to STIOs, the IEP Committee may develop benchmarks, which describe the amount of progress the student is expected to make within specified segments of the year.


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Short-Term Instructional Objectives

• STIOs objectives are required on a student’s IEP if the student has been classified as Significantly Cognitively Disabled (SCD).

• STIOs may be used for students who are not SCD.

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The STRANGER Test(Kaplan 1990)

Goals and objectives must be written so someone who did not write them (a stranger) could use them to develop appropriate instructional plans and assess the student’s progress.

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The "SO WHAT" Test

• Embodies validity.

• Asks: “Are the goals and objectives written to be educationally relevant?”

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Statewide Assessment

The MCT2 consists of customized criterion-referenced language arts and mathematics assessments that are fully aligned with the 2006 Mississippi Language Arts Framework-Revised and the 2007 Mississippi Mathematics Framework-Revised.

*(See State Board Policy 7601 and Testing Students with Disabilities Regulations, June 20, 2011)

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The assessments are administered to students in grades 3 through 8, including special education students whose Individualized Education Program (IEP) specifies instructional goals that are aligned with the 2006 Mississippi Language Arts Framework-Revised and the 2007 Mississippi Mathematics Framework-Revised for the aforementioned grades.



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The Subject Area Testing Program (SATP) consists of four academic, end-of-course tests. Since the 2001-2002 school year, students have been required to pass the subject area test(s) as a requirement for graduation.Students are assessed on the content at the completion of the course in Algebra I, Biology I, English II, and U.S. History from 1877. As part of the No Child Left Behind (NCLB) and Title I requirements, all students who are enrolled in Algebra I and English II (multiple-choice only) for the first time must be tested.



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Decision Not to Assess

If the IEP Committee determines a student will not participate in a State or district-wide assessment, the IEP Committee must include a statement of:(A) Why that assessment is not

appropriate?(B) How the student will be assessed?

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Significant Cognitive Disability (SCD)

• The term ‘Significant Cognitive Disability’ (SCD) is not a new, separate category of disability. Rather, the term refers to a small

number of students who may be within one of the thirteen existing categories of disability as defined by IDEA 2004.

• For a student to be classified as having asignificant cognitive disability, all of the statements listed on page W-5 of the IEP must be answered with “yes”.

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Transportation

• Transportation refers to the means by which a student travels to and from school.

• Transportation may be considered a related service.

Example: Student is wheel chair bound and requires a bus with a handilift to get to school. (Transportation would be the related service needed in order for the student to receive a FAPE.)

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Related Services

• Refers to developmental, corrective, and other services that are required to assist an individual with a disability to benefit from special education.

• Related services are not synonymous with support services.

Examples:

Occupational Therapy

Physical Therapy

Speech Therapy

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Graduation Options

• The decision regarding the student’s participation in the Subject Area Tests as required for the high school diploma must be discussed.

• By age fourteen, or prior to entering the ninth grade, graduation options must be discussed.

• Districts are strongly encouraged to develop procedures to document that students with disabilities and their parents have been informed of the graduation options and the minimal requirements of each option.

• This in addition to the information that is currently included and documented on the IEP form.

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Graduation Options

There are currently several different graduation options available for high school students in our State:• Standard High School Diploma

• Traditional Pathway Option

• Career Pathway Option

• District Option

• MS Occupational Diploma

• Certificate of Completion


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Special Factors to Consider

The IEP Committee must consider ‘special factors’ when developing an IEP.

• Braille instruction• Limited English Proficiency• Language and Communication Needs• Assistive Technology• Behavior• Individualized Family Service Plan (IFSP) for

student transitioning from Part C to Part B

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Consideration of Special Factors

In considering these special factors, should the IEP Committee determine that a student needs a particular device or service in order to receive a FAPE, the IEP must reflect this decision.

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Extended School Year (ESY)

ESY (State Board Policy 7212) is:• Provision of special education and related services to students

with disabilities in accordance with their IEP beyond the normal school year of the local district and at no cost to the parents.

• The need for an ESY program must be considered for all students

• ages 3 – 20 years old (per current state law)• with current eligibility and• with a current IEP.

(Mississippi Department of Education, ESY Guidelines – September 2003)

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Extended School Year

• Designed to maintain student mastery of critical skill(s) and objectives on the IEP achieved during the regular school year;

• Designed to maintain a reasonable readiness to begin the next year;

• Based on multi-criteria and not solely on regression.


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Extended School Year

ESY is:• Minimizing the regression of skill, thus shortening the time

needed to recoup (gain back) the same level of skill proficiency that existed at the end of the school year.

• ESY services may be delivered in a variety of settings: Traditional classroom; Abbreviated school day or week; Individual therapy (physical, occupational, counseling…); Tutorial services;

In-home training; Continuation of private placement, or; Contractual agreements with other agencies.

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Extended School Year is NOT:

• A mandated 12 months service for all students with disabilities

• Required for the convenience of the school or parents and therefore cannot serve as a daycare or respite care service

• Necessary to continue instruction on all of the previous year’s IEP goals during the ESY period

• Considered to help the student with disabilities advance in relation to his or her peers

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Extended School Year Criteria

The following criteria are used to determine a student’s need for ESY:

Regression – Recoupment (R-R) Critical Point of Instruction (CPI) Extenuating Circumstances

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Regression-Recoupment (R-R)

• R-R can be characterized as a significant regression of previously-learned skills during a break in service, and limited or delayed recoupment of these skills after services resume.

• R-R occurs when the amount of time required to relearn skills or behaviors becomes so significant that it interferes with the ongoing educational process.

• Example: A loss of skill on IEP objective(s) after at least two (2) breaks in instruction without regaining the documented level of skill(s) prior to these breaks within the specified period.

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Break In Instruction

• A break of at least five (5) consecutive instructional days

• Examples: Fall break; Christmas break; Spring break


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Critical Point of Instruction

Students with disabilities may be eligible for ESY if there is evidence that ESY is needed to allow the student to maintain progress during a critical point of instruction.

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Critical Point of Instruction (CP-1)

• Utilized to prevent a loss of general education class time OR an increase in special education service time

• Example: The student may not be keeping up with work in the general education class and the IEP Committee is considering movement to a more restrictive setting.

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Critical Point of Instruction(CP-2)

• Utilized to prevent a loss of significant progress made toward the acquisition and/or maintenance of a critical skill

Example: A student is addressing training in use of the public transportation system. However, the student is exhibiting challenging behaviors that are not addressed on the regular school year IEP. The IEP Committee writes a new goal and objective(s) to be completed during ESY, specific to the challenging behavior(s) exhibited on the city bus system.

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Critical Point of Instruction(CP-2)

Examples:

Communication Skills (e.g., communication with others for needs/wants)

Social/Behavioral Skills (e.g., demonstrating acceptable behaviors, controlling unacceptable behaviors such as hitting, screaming, self-injurious behaviors)


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Extenuating Circumstances

• Will a break in instruction negatively impact the student with disabilities or cause the student to lose skills that will restrict the student’s ability to function as independently as possible?

Example: A young child (3-5 years old) transitions into school district services with little or nor information from early intervention service providers.

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ESY Decision-Making

IEP Committee must make decisions regarding the student’s need for ESY annually between January 15th and April 15th.

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Definition of Transition Services

34 C.F.R. 300.43: The term transition services means a coordinated set of activities for a child with a disability that is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child’s movement from school to post-school education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living or community participation.

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Transition Services

• A statement of transition services needs for the student age fourteen (or younger, if determined appropriate by the IEP Committee)

• The statement must focus on the student’s courses of study (i.e., participation in advanced-placement courses or vocational education program).

• The desired post-school outcome statement must be updated annually.

• The desired post-school outcome must correlate to the graduation option.

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Copy of IEP

Parents must be given a copy of their child’s IEP at no cost following an IEP meeting.

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CONTACT INFORMATION

Annie Margaret Harris

[email protected]

Valecia Davis

[email protected]

Desma McElveen

[email protected]

Tanya Bradley

[email protected]

Office of Special Education

Division of Technical Assistance

(601) 359-3498119

Basic Development of the Individualized Education Program Annie Margaret Harris Office of Special...

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