Podcast
Questions and Answers
Which of the following situations is NOT considered a procedural error in the IEP process?
Which of the following situations is NOT considered a procedural error in the IEP process?
What role does Mr. Anaya play in Sienna's IEP process?
What role does Mr. Anaya play in Sienna's IEP process?
Who should be developing parts of Sienna's IEP according to the text?
Who should be developing parts of Sienna's IEP according to the text?
In the context of Sienna's IEP, who should attend the IEP meeting?
In the context of Sienna's IEP, who should attend the IEP meeting?
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What action would be considered a procedural error in the IEP process?
What action would be considered a procedural error in the IEP process?
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What percentage of public school students had disabilities in 2016?
What percentage of public school students had disabilities in 2016?
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Where do most students with disabilities spend at least some portion of their school day?
Where do most students with disabilities spend at least some portion of their school day?
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What are special education services tailored to address?
What are special education services tailored to address?
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Who helps support general education teachers in teaching students with disabilities?
Who helps support general education teachers in teaching students with disabilities?
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Which professionals often support general education teachers in classrooms with students with disabilities?
Which professionals often support general education teachers in classrooms with students with disabilities?
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What initiates the creation of an Individualized Education Program (IEP) as per the text?
What initiates the creation of an Individualized Education Program (IEP) as per the text?
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What is the purpose of an Individualized Education Program (IEP)?
What is the purpose of an Individualized Education Program (IEP)?
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Who collaboratively develops an IEP with school personnel?
Who collaboratively develops an IEP with school personnel?
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What must be documented in an Individualized Education Program (IEP)?
What must be documented in an Individualized Education Program (IEP)?
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Who can be considered as 'parents' for the purpose of developing an IEP?
Who can be considered as 'parents' for the purpose of developing an IEP?
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What must students meet to be eligible for special education services?
What must students meet to be eligible for special education services?
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What does the two-prong test for special education services require students to demonstrate?
What does the two-prong test for special education services require students to demonstrate?
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What does an Individualized Education Program (IEP) serve as for students with disabilities?
What does an Individualized Education Program (IEP) serve as for students with disabilities?
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What is required once it has been determined that a student qualifies for special education services?
What is required once it has been determined that a student qualifies for special education services?
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How does an Individualized Education Program (IEP) help students with disabilities?
How does an Individualized Education Program (IEP) help students with disabilities?
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What serves as a similar document to an IEP for infants and toddlers from birth to three years old?
What serves as a similar document to an IEP for infants and toddlers from birth to three years old?
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What is the primary role of litigation in clarifying the IEP process?
What is the primary role of litigation in clarifying the IEP process?
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Which legal document provides a written plan outlining a student's current level of development and annual learning goals?
Which legal document provides a written plan outlining a student's current level of development and annual learning goals?
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What was the focus of the Endrew F.v.Douglas County School District case?
What was the focus of the Endrew F.v.Douglas County School District case?
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Which term refers to services designed to help students with disabilities benefit more from special education?
Which term refers to services designed to help students with disabilities benefit more from special education?
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What Latin term means 'too trivial or minor to consider'?
What Latin term means 'too trivial or minor to consider'?
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In the context of IEP development, who collaboratively outlines the student's annual learning goals and related services?
In the context of IEP development, who collaboratively outlines the student's annual learning goals and related services?
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How do litigation rulings contribute to the IEP process?
How do litigation rulings contribute to the IEP process?
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What is the purpose of regulations issued by the U.S. Department of Education in relation to the IEP process?
What is the purpose of regulations issued by the U.S. Department of Education in relation to the IEP process?
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What discipline might provide services as part of related services to support students with disabilities?
What discipline might provide services as part of related services to support students with disabilities?
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How does an IEP differ from general legislation related to special education?
How does an IEP differ from general legislation related to special education?
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Does Mrs. Esposito being identified as Sienna's special education teacher constitute a procedural error?
Does Mrs. Esposito being identified as Sienna's special education teacher constitute a procedural error?
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Is Mrs. Esposito selecting IEP goals from a bank of computerized options considered a procedural error?
Is Mrs. Esposito selecting IEP goals from a bank of computerized options considered a procedural error?
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Is Mr. Anaya's desire for challenging and meaningful learning goals in Sienna's IEP a procedural error?
Is Mr. Anaya's desire for challenging and meaningful learning goals in Sienna's IEP a procedural error?
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Is Mrs. Esposito being identified as Sienna's special education teacher while Mr. Anaya attends the IEP meeting a procedural error?
Is Mrs. Esposito being identified as Sienna's special education teacher while Mr. Anaya attends the IEP meeting a procedural error?
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Is Mrs. Pederson sharing the pre-written IEP with Sienna's parents and asking them to sign it a procedural error?
Is Mrs. Pederson sharing the pre-written IEP with Sienna's parents and asking them to sign it a procedural error?
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Who should attend an IEP meeting according to the additional resources mentioned in the text?
Who should attend an IEP meeting according to the additional resources mentioned in the text?
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What does the Latin term de minimis mean in legal proceedings?
What does the Latin term de minimis mean in legal proceedings?
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What is the significance of the phrase 'merely more than de minimis' in the context of educational benefit?
What is the significance of the phrase 'merely more than de minimis' in the context of educational benefit?
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What ruling did the U.S. Court of Appeals for the Tenth Circuit make regarding Drew's case?
What ruling did the U.S. Court of Appeals for the Tenth Circuit make regarding Drew's case?
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What did Chief Justice John Roberts note about the educational standard set by the justices in the Endrew case?
What did Chief Justice John Roberts note about the educational standard set by the justices in the Endrew case?
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How did the Supreme Court's ruling in Endrew impact the determination of educational benefit under IDEA?
How did the Supreme Court's ruling in Endrew impact the determination of educational benefit under IDEA?
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What was the primary reason behind Drew's parents appealing to the U.S. Supreme Court?
What was the primary reason behind Drew's parents appealing to the U.S. Supreme Court?
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What factor led to the district court judge ruling against Douglas County School District in Drew's case?
What factor led to the district court judge ruling against Douglas County School District in Drew's case?
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What did Chief Justice John Roberts imply about an educational program offering 'merely more than de minimis' progress each year?
What did Chief Justice John Roberts imply about an educational program offering 'merely more than de minimis' progress each year?
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What was the outcome of Drew’s parents' initial attempt to seek reimbursement from Douglas County?
What was the outcome of Drew’s parents' initial attempt to seek reimbursement from Douglas County?
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How did the Endrew case influence IEP development practices?
How did the Endrew case influence IEP development practices?
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What does FAPE stand for in relation to special education?
What does FAPE stand for in relation to special education?
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What is the purpose of the annual review in the IEP process?
What is the purpose of the annual review in the IEP process?
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When must re-evaluation occur in the IEP process?
When must re-evaluation occur in the IEP process?
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In which instance can states develop timelines that differ from IDEA's requirements?
In which instance can states develop timelines that differ from IDEA's requirements?
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What happens if a state's special education laws conflict with IDEA?
What happens if a state's special education laws conflict with IDEA?
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What must the IEP team do if a student does not make appropriate progress?
What must the IEP team do if a student does not make appropriate progress?
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When should transition planning be included in the IEP process?
When should transition planning be included in the IEP process?
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What is the timeline for the annual review following the development of an IEP?
What is the timeline for the annual review following the development of an IEP?
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Which professionals are responsible for providing special education supports as outlined in the IEP?
Which professionals are responsible for providing special education supports as outlined in the IEP?
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What is re-evaluation aimed at determining?
What is re-evaluation aimed at determining?
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Who determines and documents the measurable annual goals for a student as part of the IEP process?
Who determines and documents the measurable annual goals for a student as part of the IEP process?
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What is the purpose of the procedural requirements in an IEP?
What is the purpose of the procedural requirements in an IEP?
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What does the Endrew ruling clarify?
What does the Endrew ruling clarify?
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What must be assessed during a complete, individualized evaluation according to IDEA?
What must be assessed during a complete, individualized evaluation according to IDEA?
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What is an Individualized Education Program (IEP) a blueprint of?
What is an Individualized Education Program (IEP) a blueprint of?
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In which environment should FAPE be provided according to IDEA?
In which environment should FAPE be provided according to IDEA?
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What is the purpose of the pre-referral process?
What is the purpose of the pre-referral process?
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What guarantees do the guiding principles of IDEA provide to students with disabilities?
What guarantees do the guiding principles of IDEA provide to students with disabilities?
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Who must collaborate in developing an Individualized Education Program (IEP)?
Who must collaborate in developing an Individualized Education Program (IEP)?
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What is a key emphasis when drafting an IEP according to the text?
What is a key emphasis when drafting an IEP according to the text?
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What guideline helps in developing a high-quality IEP for students with disabilities?
What guideline helps in developing a high-quality IEP for students with disabilities?
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What is a common procedural error in the IEP process?
What is a common procedural error in the IEP process?
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How can procedural errors in the IEP process be addressed?
How can procedural errors in the IEP process be addressed?
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In what situations can dispute-resolution procedures be initiated?
In what situations can dispute-resolution procedures be initiated?
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What is the primary consideration for an impartial hearing officer during a due process hearing?
What is the primary consideration for an impartial hearing officer during a due process hearing?
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What is a consequence of procedural violations according to IDEA?
What is a consequence of procedural violations according to IDEA?
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What is the primary reason for removal from the general education setting according to IDEA?
What is the primary reason for removal from the general education setting according to IDEA?
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Who are considered full and equal participants in a student's IEP team according to IDEA?
Who are considered full and equal participants in a student's IEP team according to IDEA?
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What are parents entitled to under the procedural safeguards of IDEA?
What are parents entitled to under the procedural safeguards of IDEA?
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Which step of the IEP process involves reviewing evaluation results to determine a student's eligibility for special education services?
Which step of the IEP process involves reviewing evaluation results to determine a student's eligibility for special education services?
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When must the initial comprehensive assessment be conducted in the IEP process?
When must the initial comprehensive assessment be conducted in the IEP process?
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What is the purpose of the Referral step in the IEP process?
What is the purpose of the Referral step in the IEP process?
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What is the importance of parental consent in the evaluation stage of the IEP process?
What is the importance of parental consent in the evaluation stage of the IEP process?
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Study Notes
Overview of High-Quality IEPs
- Public school classrooms consist of diverse students, including those with disabilities.
- In 2016, around 13% of public school students—over 6 million—had disabilities impacting their learning.
- Special education provides individualized services and supports tailored to these students' needs.
- 92% of students with disabilities spend part of their day in general education classrooms, supported by professionals like special educators.
- An Individualized Education Program (IEP) is collaboratively developed by school personnel and parents, detailing the student's development level, goals, services, and progress monitoring.
- Parents can include biological, adoptive, and guardianship figures, emphasizing diverse family dynamics.
Eligibility for Special Education Services
- Students must meet federal disability criteria to receive special education, including categories like autism, emotional disturbance, and specific learning disabilities.
- States may include "developmental delay" for children under nine not meeting age-appropriate milestones.
- To qualify, students must have a designated disability affecting educational performance through a two-prong test.
- Some disabilities may require support but do not qualify for special education services alone.
Planning & Documenting Services
- The IEP serves as a blueprint guiding special education services and supports, akin to a formal agreement.
- The IEP process involves formal steps with clear guidelines and timelines for completion.
- Every aspect of a student's special education program is monitored throughout the IEP process.
- Infants and toddlers up to age three use an Individualized Family Service Plan (IFSP), similar to an IEP.
Legislation and Litigation Setting
- The IEP process is governed by legislation but clarified through litigation, including a landmark case, Endrew F. v. Douglas County School District.
- Endrew, a student with autism and ADHD, struggled despite having IEPs, leading to a Supreme Court ruling establishing a higher standard for educational benefit.
- The ruling requires IEPs to be reasonably calculated to enable students to make progress appropriate to their circumstances, departing from the low "merely more than de minimis" standard.
- The case underscores the necessity for IEPs to reflect the individualized needs of students and emphasizes decision-making over mere procedural compliance.
IEP Requirements
- IEPs must meet procedural, substantive, and implementation requirements.
- Procedural requirements ensure that the IEP process is properly followed with the necessary information included.
- Substantive requirements ensure the IEP's content enables student progress and that progress is monitored for effectiveness.
- Implementation requirements confirm that the services and supports outlined in the IEP are delivered appropriately.
The IEP Process
- The pre-referral process involves teachers assessing learning or behavior difficulties and implementing changes before formal special education referral.
- The guiding principles of IDEA include individual evaluation, FAPE entitlement, IEP development, and provision in the least restrictive environment.
- A comprehensive evaluation must assess all suspected disability areas and the student’s academic and functional needs.
- FAPE guarantees individualized support for eligible students with disabilities, intending to integrate them into general education environments wherever possible.### Removal from General Education
- Removal occurs only if the disability's severity prevents an appropriate education within a general education setting, even with supplementary aids and services.
Parent Participation in IEP
- Parents must be full and equal participants in their child's Individualized Education Program (IEP) team, which includes diverse education professionals and the student.
Procedural Safeguards for Parents
- Parents have rights under IDEA including:
- Informed written consent for evaluations and the option for independent evaluations.
- Access to educational records and dispute resolution options (state complaint, mediation, due process hearing).
- An explanation of these rights in writing and in their native language, if possible.
Acronyms in Special Education
- Key acronyms include:
- IDEA: Individuals with Disabilities Education Act
- LRE: Least Restrictive Environment
- FAPE: Free Appropriate Public Education
- IEP: Individualized Education Program
Steps of the IEP Process
- Referral: Initiation of formal evaluation through consent from parents or school personnel.
- Evaluation: Must occur within 60 days of consent, assessing all areas of concern.
- Eligibility Determination: Evaluation results determine if a disability affects academic or functional performance and eligibility for services.
- IEP Development: Must occur within 30 days of eligibility, documenting goals, services, and performance monitoring.
- IEP Implementation: Services must be provided as outlined in the IEP, with adjustments made for lack of progress.
- Annual Review: Review must occur within 12 months, evaluating student progress and updating the IEP.
- Re-evaluation: Required every three years to assess ongoing eligibility for special education services.
State-Specific Regulations
- States can develop their own special education laws that offer greater protections than IDEA, but cannot provide less. Some states have earlier transition planning requirements (e.g., South Carolina by age 13).
Procedural Requirements and Guidelines
- Essential practices for developing a sound IEP include involving parents, conducting thorough evaluations, adhering to timelines, attending necessary meetings, and implementing services as written.
- Errors to avoid:
- Failing to involve parents.
- Predetermining placement or services.
- Inadequate IEP team assembly.
- Omitting required components from the IEP.
Implications of Procedural Errors
- Serious errors can impede parental participation or compromise the student’s FAPE. Dispute resolution options are available for disagreements, escalating to due process hearings if necessary.
- Hearing officers consider procedural violations based on their impact on FAPE and parental involvement in determining resolutions.
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Test your knowledge on finding Parent Training and Information Centers (PTIs) and Community Parent Resource Centers (CPRCs) for each state and territory. Also, assess your understanding of procedural requirements, guidelines, common errors, legislation, and litigation related to drafting an Individualized Education Program (IEP).