Guidelines for Making Decisions about IEP Services

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Guidelines for Making Decisions about IEP Services

• IEP Services 2 of 8
• Background and Legal Context

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This series of slide shows is based
onGuidelines for MakingDecisions about IEP
Services2001Michael F. Giangreco,
Ph.D.University of Vermont, Center on Disability
and Community InclusionThis document is
available in a pdf (portable document format) on
the internethttp//www.uvm.edu/uapvt/iepservices
/http//www.state.vt.us/educ/Cses/sped/main.htm
Distributed by theVermont Department of
EducationFamily and Educational Support
TeamMontpelier, VermontDevelopment of this
material was supported by a grant from the
Vermont Department of Education, Montpelier,
Vermont under the auspices of Vermont Act 117 An
Act to Strengthen the Capacity of Vermonts
Education System to Meet the Needs of All
Students, Section 7 (d) (5).
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Definitions and Information

• It is vital to have a clear understanding of what
  the IDEA and its regulations say about IEP
  services decision-making. It is important that
  all team members be aware of the same
  information.
• The following are some key definitions and
  related information.

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Special Education

• IDEA 1997 definition
• The term special education means specially
  designed instruction, at no cost to parents, to
  meet the unique needs of a child with a
  disability
• (IDEA 20 U.S.C. 1400 Sec. 602 25)

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Specially designed instruction means,
adapting... content, methodology, or delivery
of instruction to meet the unique needs of the
child and ensure access to the general curriculum
(34 CFR 300.26 (b)(3)).
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Special education refers toindividualization,
such as...

• changes in the curriculum to account for a
  students present level of functioning or special
  learning needs
• adaptations to the delivery of instruction
  (e.g., sensory, physical, behavioral,
  environmental) that allow a student to have
  access to learning opportunities or
• different instructional methods applied to
  general education curriculum or individually
  determined learning outcomes, which extend beyond
  the general education curriculum.

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The types and combination of changes in
curriculum, adaptations, or use of different
instructional methods a student requires become
special education when the IEP team determines
that a students support needs extend beyond what
is reasonably provided through general education
supports, the schools Educational Support
System, or a Section 504 Plan.
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Related Services

• The term related services means transportation,
  and such developmental, corrective, and other
  supportive services ... as may be required to
  assist a child with a disability to benefit from
  special education, and includes the early
  identification and assessment of disabling
  conditions in children
• (IDEA 20 U.S.C. 1400 Sec. 602 22)

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Related services include, but are not limited to

• speech-language pathology and audiology
• psychological services
• physical and occupational therapy
• recreation, including therapeutic recreation
• social work services
• counseling services
• rehabilitation counseling
• orientation and mobility services
• medical services, except that such medical
  services shall be for diagnostic and evaluation
  purposes only

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Students with disabilities do not attend school
to receive related services they receive
services so they can attend and participate in
school. In other words, related services are
provided by schools if, and only if, those
services are necessary for the student to have
access to education or adequately pursue his or
her educational program.
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Supreme Court Rulings

• Board of Education of the Hendrick Hudson School
  District v. Rowley (1982)
• Irving Independent School District v. Tatro
  (1984)

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In Rowley the Court said

• The purpose of FAPE (free appropriate public
  education) was to provide a basic floor of
  opportunity for students with disabilities by
  providing access to specialized instruction and
  related services that have been individually
  designed to result in educational benefit.

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In Tatro the Court said

• to be a related service the student had to be
  receiving special education under IDEA
• the only services required to be provided by
  schools were those that were necessary for the
  student to benefit from special education
• services had to be able to be administered by a
  nurse or qualified service provider
• schools were not required to provide services
  that required a physician to administer them
• if a service could reasonably be provided before
  or after school, then the school was not required
  to provide that service

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Parents

• Over 20 years of research and experience has
  demonstrated that the education of children with
  disabilities can be made more effective by -
  strengthening the role of parents and ensuring
  that families of such children have meaningful
  opportunities to participate in the education of
  their children at school and at home.
• (IDEA 20 U.S.C. 1400 Sec. 601 (c)(5)(B))

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Parents are guaranteed participation in the IEP
decision-making process as members of the IEP
team.The parents knowledge of strengths and
needs of their child are key reasons why it is so
important to have them integrally involved in the
IEP process.
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Teachers

• The IEP team for a student with a disability
  includes at least one regular education teacher
  of such child (if the child is, or may be,
  participating in the regular education
  environment)
• (34 CFR 300.344)

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The involvement of regular education teachers is
consistent with the IDEAs emphasis on ensuring
that students with disabilities have IEPs that
enable the child to be involved in and progress
in the general curriculum as well as have
opportunities to participate in extracurricular
and other nonacademic activities (34 CFR
300.347).
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The regular education teacher of the child, as a
member of the IEP Team, must, to the extent
appropriate, participate in the development,
review, and revision of the childs IEP,
including assisting in the determination of
appropriate positive behavioral interventions and
strategies for the child and supplementary aids
and services, program modifications, and supports
for school personnel that will be provided for
the child. (34 CFR 300.346)
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IEP Team

• Teamwork is key to successful IEP services
  decision-making.
• IDEA regulations requires that decisions
  affecting students with disabilities be made by a
  team
• (34 CFR 300.344)

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The IEP team includes

• the parents of a child with a disability
• at least one regular education teacher of such
  child
• a representative of the local educational agency
• the student with a disability, whenever
  appropriate

• an individual who can interpret the instructional
  implications of evaluation results
• other individuals who have knowledge or special
  expertise regarding the child (e.g., related
  services)

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• IEP Services 3 of 8
• Slide show 3 of 8 addresses, Team Practices