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Special Education Handbook
2012-2013
VI. INDIVIDUALIZED EDUCATION PROGRAMS (IEPs)

The District ensures that an IEP is developed and implemented for each child with a disability, ages 3 through 21, inclusive, who requires special education and related services and who resides in the district. For all children with disabilities for whom our district is the district of residence, the District is responsible for ensuring that the requirements of 3301-51-07 of the Operating Standards are met regardless of which district, county board of MR/DD, or other educational agency implements the child’s IEP.

The meeting to develop an IEP is conducted within 30 days of a decision that a child needs special education and related services.

The initial IEP is developed within whichever of the following time periods is the shortest:
    (a) Within 30 calendar days of the determination that the child needs special education and related services;
    (b) Within 90 days of receiving informed parental consent for an evaluation; or
    (c) Within 120 calendar days of receiving a request for an evaluation from a parent or school district (unless the evaluation team has determined it does not suspect a disability).

The District ensures that the parents receive a copy of the child’s IEP at no cost to the parents. The parents may receive a copy of the IEP either at the conclusion of the IEP meeting or within 30 calendar days of the date of the IEP meeting.

A. MEMBERS OF THE IEP TEAM

The IEP team includes:
    (1) The child’s parents;
    (2) Not less than one of the child’s regular education teachers, if the child is or may be participating in the regular education environment;
    (3) Not less than one special education teacher of the child or, where appropriate, not less than one special education provider of the child;
    (4) A representative of the school district who:
      a) Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities;
      b) Knows the general education curriculum; and
      c) Knows about the availability of resources of the school district.

    (5) Someone who can interpret the instructional implications of the evaluation results, who may be one of the team noted previously;
    (6) At the discretion of the parents or the school district, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and
    (7) The child, whenever appropriate. The child must be invited if a purpose of the meeting is the consideration of postsecondary goals for the child and the transition services needed to assist the child in reaching those goals.

A member of the IEP team, other than the parent and the child if appropriate, is not required to attend an IEP team meeting, in whole or in part, if the parent and the district agree, in writing, that the attendance of that member is not necessary because the member’s area of the curriculum or related services is not being modified or discussed at the meeting or portion of the meeting.

B. PARENTAL PARTICIPATION

The District takes 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:
    (1) Notifying the parents of the meeting early enough to ensure that they will have an opportunity to attend; and
    (2) Scheduling the meeting at a mutually-agreed upon time and place.

A Notice to a Parent Regarding an IEP meeting:
    (1) Indicates the purpose, time and location of the meeting and who will be in attendance; and
    (2) Informs the parents of the provisions of the Operating Standards regarding the participation of other individuals who have knowledge or special expertise about the child and the participation of the Part C service coordinator or other representatives of the part C system at the initial IEP team meeting for a child previously served under Part C. See 3301-51-07(J)(2)(a)(ii) of the Operating Standards.

Beginning no later than the first IEP to be in effect when the child turns 14, the Notice also:
    (1) Indicates that a purpose of the meeting will be the development of a statement of the transition needs of the child; and
    (2) Indicates that the District will invite the child.

Beginning no later than the first IEP to be in effect when the child turns 16, the Notice also:
    (1) Indicates that a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the child;
    (2) Indicates that the school district will invite the child; and
    (3) Identifies any other agency that will be invited to send a representative, if the parents consent.

The District conducts IEP team meetings without a parent in attendance only if it cannot convince parents that they should attend. Before an IEP team meeting is held without a parent, the District makes multiple attempts to contact a parent to arrange a mutually agreed on time and place, and records its attempts to do so.

C. CONTENTS OF AN IEP

The District uses ODE’s required form, PR-O7, for its IEPs.

In developing each child’s IEP, the IEP team considers:
    (1) The strengths of the child;
    (2) The concerns of the parents for enhancing the education of their child;
    (3) The results of the initial or most recent evaluation of the child;
    (4) The results of the child’s performance on any state or district-wide assessment programs, as appropriate; and
    5) The academic, developmental and functional needs of the child.

Further, the IEP team considers the following special factors:
    (1) In the case of a child whose behavior impedes the child’s learning or that of others, the use of positive behavioral interventions and supports, and other strategies, to address that behavior;
    (2) In the case of a child with LEP, the language needs of the child as those needs relate to the child’s IEP;
    (3) In the case of a child who is blind or visually impaired, the instruction of that child in accordance with the Operating Standards and section 3323.011 of the Revised Code;
    (4) The communication needs of the child, including those of a child who is deaf or hard of hearing; and
    (5) Whether the child needs assistive technology devices and services.

(1) CONTENTS OF EVERY IEP

The District’s IEPs are written, and are developed, reviewed and revised in IEP meetings. The District’s IEPs include all of the following:
    (a) A statement that discusses the child’s future and documents planning information;
    (b) A statement of the child’s present levels of academic and functional performance, including:
      (1) How the child’s disability affects the child’s involvement and progress in the general education curriculum (i.e., the same curriculum as for nondisabled children); or
      (2) For preschool children, as appropriate, how the disability affects the child’s participation in appropriate activities;
    (c) A statement of measurable annual goals, including academic and functional goals and
      (1) Meet the child’s needs that result from the child’s disability to enable the child to be involved in and make progress in the general education curriculum; and
      (2) Meet each of the child’s other educational needs that result from the child’s disability;
    (d) A description of:
      (1) How the child’s progress toward meeting the annual goals described in the IEP will be measured; and
      (2) When periodic reports on the progress the child is making toward meeting the annual goals will be provided;
    (e) A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided to enable the child:
      (1) To advance appropriately toward attaining the annual goals;
      (2) To be involved in and make progress in the general education curriculum in accordance with the Operating Standards, and to participate in extracurricular and other nonacademic activities; and
      (3) To be educated and participate with other children with disabilities and nondisabled children, as appropriate, in the activities described in 3301-51-07(H)(1)(e) of the Operating Standards;
    (f) An explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular classroom and in activities;
    (g) A statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on state and district wide assessments consistent with Section 612(a)(16) of the IDEA;
    (h) If the IEP team determines that the child must take an alternate assessment instead of a particular regular state or district wide assessment of student achievement, a statement of why:
      (1) The child cannot participate in the regular assessment; and
      (2) The particular alternate assessment selected is appropriate for the child; and
    (i) The projected date for the beginning of the services and modifications described in the IEP and the anticipated frequency, location and duration of those services and modifications.

(2) TRANSITION SERVICES

The District’s IEPs address transition services as follows:

    (a) For children age 14 or over (or younger, if determined appropriate by the IEP team), the IEP includes a statement, updated annually, of the transition service needs of the child under the applicable components of the child's IEP that focuses on the child's courses of study (such as participation in advanced-placement courses or a vocational education program.); and
    (b) Beginning not later than the first IEP to be in effect when the child turns 16 (or younger if determined appropriate by the IEP team), the IEP includes:
      (1) Appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment and, where appropriate, independent living skills; and
      (2) The transition services (including courses of study) needed to assist the child in reaching those goals.

(3) TRANSFER OF RIGHTS AT AGE OF MAJORITY

Beginning not later than one year before the child reaches 18 years of age, the IEP includes a statement that the child has been informed of the child's rights under Part B of the IDEA that will transfer to the child on reaching the age of majority.

(4) NONACADEMIC SERVICES, PHYSICAL EDUCATION, EXTENDED SCHOOL YEAR AND TRANSPORTATION

If appropriate, the IEP includes the services to be provided in each of these areas.

D. REVIEW AND AMENDMENT OF AN IEP

The District ensures that the IEP team:
    (1) Reviews the child’s IEP periodically, but not less than annually, to determine whether the annual goals for the child are being achieved; and
    (2) Revises the IEP, as appropriate, to address:
      (a) Any lack of expected progress toward the annual goals and in the general education curriculum;
      (b) The results of any reevaluation;
      (c) Information about the child provided to, or by, the parents as part of an evaluation or reevaluation;
      (d) The child’s anticipated needs; or
      (e) Other matters; and
    (3) Reconvenes if an agency, other than the school district, fails to provide the transition services described in the IEP.

Changes to the IEP may be made either at an IEP team meeting, or by a written document amending or modifying the IEP, if the parent of the child and the District agree not to convene an IEP team meeting for the purposes of making those changes. If the IEP is amended by written document, without a meeting of the IEP team, the District ensures that the IEP team is informed of the changes made. When an IEP is amended, the District sends a copy of the amended IEP to the parent within thirty days of the date the IEP was amended.