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An overview of the Individualized Education Program (IEP) process, focusing on special education placement, behavior goals, and resources. It covers topics such as the IEP team's responsibilities, parental involvement, and protections for children not yet eligible for special education. Additionally, it discusses the importance of accessibility, least restrictive environment, and supplementary aids and services.
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LIghthouse
2009 • Third Edition • Including a 2019 Supplement
Lighthouse
On the Cover
“Lighthouse” was created by the Wisconsin outdoor artist and painter, Elton Krafft, (1914 – 2001).
The “Lighthouse” reflects the pure joy that Elton Krafft found in painting Wisconsin landscape themes. A prolific painter, the Lake Geneva artist spent most of his 87 years creating Wisconsin impressionist style paintings.
A gentle, sensitive and kind man, he was an inventive colorist and daring manipulator of paint and pictorial space, boldly manipulating strokes of paint with palette knife and paintbrush for the sake of painting - for the sheer pleasure of recording his perceptions of the visible world with extraordinary colors and resulting shapes. He enjoyed painting through the changing seasons and saw beauty in the darkest, gloomiest weather. "You discover things by painting," he once said. "It's been a lifetime of discovery for my own self. Every time you put something down on canvas something happens to something else.”
Authors Note on the 2019 Supplement: Significant Development in Special
Education since 2009 ......................................................................................... 8
Introduction to the 2009 Publication ............................................................... 9
Part 1: The IEP Process.................................................................................. 15
P ART 2: Other School Choices ....................................................................... 45
Part 3: Problem Solving................................................................................. 47
Part 4: Special Education, Behavior and Discipline ................................... 55
Part 5: Resources ........................................................................................... 65
Glossary............................................................................................................ 66
Significant Developments in Special Education since 2009 (in Alphabetical
Order): ............................................................................................................. 68
College Carrier Ready IEPs (CCR IEPs) .................................................... 68 Effects of Disability ............................................................................... 69 Family Engagement ................................................................................ 69 Postsecondary Transition Plan (PTP) ......................................................... 70 Print Disability ...................................................................................... 71 Open Enrollment .................................................................................... 71 Results Driven Accountability(RDA) ........................................................ 72 Revised Specific Learning Disabilities (SLD) Eligibility Criteria ................... 72 Seclusion and Restraint, Act 125 .............................................................. 73 Special Needs Scholarship Program (SNSP) ............................................... 73 Statewide Assessments ........................................................................... 74 Summary of Disability-Related needs ........................................................ 75 Supreme Court Clarification on Free Appropriate Public Education (FAPE) .... 76 Updated Resources ................................................................................. 76
Introduction
Referral
A physician, nurse, psychologist, social worker or administrator of a social agency who reasonably believes that a child brought to him or her for services has a disability shall refer the child to the local educational agency. A person who is required to be licensed…, who is employed by a local educational agency and who reasonably believes a child has a disability, shall refer the child to the local educational agency… Any person…who reasonably believes that a child is a child with a disability may refer the child to a local educational agency… 115.777(1)
Listed professional people, including DPI licensed school staff, who think a child has a disability, are required to make a referral to the school. Anybody else, including parents, who thinks a child might have a disability, may refer the child to the school for a special education evaluation.
How to refer All referrals shall be in writing and shall include the name of the child and the reasons why the person believes that the child is a child with a disability. 115.777 (2)(a)
A person wishing to make a referral must make it in writing. The referral should say why the person thinks the child has a disability. It must also include the child’s name.
Informing parents before referral
Before submitting a referral to a local educational agency…, a person required to make a referral… shall inform the child’s parent that he or she is going to submit the referral. 115.777(2)(b)
Before teachers or professionals make a referral, they must let the child’s parents know that they are going to make the referral.
procedures
A local educational agency shall do all of the following: (a) Establish written procedures for accepting and processing referrals; (b) Document and date the receipt of each referral; (c) Provide information and in-service oppor- tunities to all its licensed staff to familiarize them with the agency’s referral procedures; and (d) At least annually, inform parents and persons required to make referrals…about the agency’s referral and evaluation procedures. 115.777(3)
Schools have written procedures for what happens to the referral when they receive it, including who referrals must be given to. They have to keep a record of the date they received the referral. The school must give information to all its licensed staff to make them aware of its referral procedures.
At least once a year, the school must inform parents and those who are required to make referrals about its referral and evaluation procedures.
individualized education program team for each child referred to it. Each team shall consist of the following: 115.78(1m)
The school appoints the participants of the IEP team. Parents are equal participants on the team.
Parents The parents of the child. 115.78(1m)(a) (^) Parents are equal participants on the IEP team, along with the other participants.
Schools have their DPI licensed staff make a referral when they believe a child has a disability.
Schools cannot refuse to accept a referral. Teachers should document what they have tried to help a child before they refer the child for evaluation.
Parents can make a referral if they think their child might have a disability. Other people, like doctors, teachers, or nurses must make a referral if they think the child has a disability. Other people can make a referral if they think the child has a disability.
Referrals must be in writing. Many schools have a referral form that parents can use, but the referral can be just a letter from the person making the referral. Schools may help parents make the written referral.
A referral must be in writing. Some schools have a form. Parents can write a letter to the school to ask the school to evaluate the child. Referrals have to say why the person making the referral thinks the child has a disability. Schools or other agencies will help make a referral if asked. Parents should write the date at the top of the letter. They should keep a copy of the letter. School staff will contact parents to tell them they are going to make a referral to evaluate.
People other than parents who make a referral should talk to the parents before making the referral. Parents should ask questions if they want more information about why the person wants to make a referral.
Schools must put their procedures for referral in writing for anyone to see. They must tell staff and other named professionals about these procedures. Schools date the referral when it comes in because the timeline begins when the referral is received.
Schools often inform parents and others by printing a notice about referrals and child find in the local paper or district newsletter.
A referral is received when the school, gets it. When school is out, it means when someone at the school gets it. Schools must remain open during normal business hours, not including legal holidays. So, if a referral can be made during the summer, the time lines apply during the summer, just like they do during the school year.
Parents can ask the school for a copy of the procedures for the special education process.
Parents can ask the school who should get the referral.
The school decides who will be the school staff on the IEP team and sends parents an invitation to the IEP meeting. The invitation will list the names of the people, the categories they represent (see below for the categories). Schools make all participants welcome. School professionals listen to the information presented by parents and their child experts. School professionals understand that evaluation is more than their own testing.
Parents should tell the school that they are coming to the IEP meeting. They should tell the school who they are bringing along as child experts or support. At the meeting, the parents should make sure all required people are at the meeting to help make the decisions. Parents are equal partners on the IEP team.
The school must work to make the parents equal participants in the IEP process and on the IEP team.
Parents are equal participants on the IEP team.
Most IEP teams will include a regular education teacher to help develop the IEP. If the child has more than one regular education teacher, they may not all be at the IEP meeting. The regular education teacher is a teacher who may be responsible for implementing the IEP. The school will decide which teacher will be at the meeting.
The parents should ask if they do not understand why a regular education teacher is not at the IEP meeting. The decision about the regular classroom teacher is made by the school.
The regular classroom teacher helps to write and develop a child’s IEP. The regular education teacher helps determine what supplementary aids and services are needed. This teacher helps identify accommodations and modifications that will be needed for the child to be successful in the regular education programs. This teacher also helps to identify what support will be needed for school personnel to serve the child.
The IEP team, which includes the parent, decides if the child will be in regular education classrooms or programs for all or part of their school day.
The school makes sure the IEP team has a special education teacher who is licensed or has training or experience in the child’s disability-related needs. The special education teacher should be one who is, or will be, responsible for implementing the IEP.
Schools make sure teachers keep their skills up-to-date by sending them to teacher training events.
Parents may ask to have other teachers, who are not their own child’s teachers, involved with the IEP team. The school has the right to decide which teachers will be at the meeting.
Schools have many opportunities to get more training for their staff to help them understand the child’s disability and needs.
The school chooses the LEA representative. The LEA representative has the knowledge of, and authority to, commit district resources the child needs.
Parents should ask who the LEA representative is for the meeting. They should write down the name and title of the LEA representative. The LEA representative may serve more than one role on the IEP team.
The school has someone on the team who can explain the test results. This person may also be one of the other participants.
Parents can ask to have test results explained if they do not understand them.
The school may bring others who work with or know the child to the meeting.
The school must consider information from others who the parent brings.
Parents can bring other people with knowledge or special expertise to the IEP meeting. For example: friend, relative, neighbor, therapist, advocate, attorney, or child care provider.
The school must invite the child when transition issues are being discussed. This must begin with the IEP when the child will be 14.
Parents should strongly consider having the child go to the IEP team meeting. Parents can have the child at the IEP meeting whenever they want. The child should participate as much as possible. When a member of the IEP team will not be at the IEP team meeting, if that member’s area of service is not going to be talked about, then the parent can agree to have the meeting anyway. The school must tell the parent in writing, when and how they agreed about who will not be at the meeting.
If the parent thinks the member the school wants to excuse is important for that meeting, they should not agree to excuse that member. The school must get the parent’s agreement in writing. If the parent does not agree, they may tell the school in writing. The meeting may need to be rescheduled to have the member at the meeting.
The written agreement is needed only when no one in a required category will attend the meeting. For example, when at least one of the child’s regular education teachers will attend the meeting, an agreement is not required to excuse additional regular education teachers.
Excuse (b) A member of an individualized education participants program team may be excused from attending a (continued) meeting of the individualized education program team, in whole or in part, when the meeting involves a modification to or discussion of the member’s area of the curriculum or related services if the child’s parent and the local educational agency consent and, before the meeting, the member submits to the child’s parent and to the individualized education program team, in writing, the member’s input into the development of the child’s individualized education program. 115.78(5)(b)
Transition at
age three
Ensures that children in early intervention programs…, who will participate in preschool programs…experience a smooth transition to those preschool programs, and that, by the third birthday of such child, an individualized education program has been developed and is being implemented for the child. The local educational agency shall participate in transition planning conferences arranged by the county administrative agency. 115.77(1m)(c)
There must be a smooth transition from Birth to Three programs to school programs, if that is the child’s next step. With parent permission, the Birth to Three program should invite the school to a planning meeting before the child’s third birthday, so an IEP can be in place by the time the child turns three. The school must participate in planning the child’s transition and IEP before the child begins a school program. The IEP team looks at existing data and does any testing needed with the parents’ permission. In the case of a child who was previously served under [birth to three], an invitation to the initial IEP Team meeting must, at the request of the parent, be sent to the [birth to three] service coordinator or other representative…to assist with the smooth transition of services. 34 CFR 300.321(f)
If the parent asks, the school must invite a representative from the Birth to Three program that served the child to the first IEP team meeting
[The notice of an IEP team meeting] must…inform the parents of the provision in …§300.321(f) (relating to the participation of the Part C [Birth to 3] service coordinator or other representatives of the Part C system at the initial IEP Team meeting for a child previously served under Part C of the Act). 34 CFR 300.322(b)(1)(ii)
The invitation to an IEP team meeting must tell the parents that they can ask the school to invite a representative of the Birth to Three program to the first IEP team meeting for a child who was served by the Birth to Three program.
DUTIES OF T EAM. The individualized education program team shall do all of the following: Evaluation (a) Evaluate the child…to determine the child’s eligibility or continued eligibility for special education and related services and the educational needs of the child. 115.78(2)(a)
In Wisconsin, the IEP team is responsible for evaluating children to determine if they are eligible for special education.
Write IEP (b) Develop an individualized education program for the child…115.78(2)(b)
The IEP team develops an IEP for each child with a disability. Decide placement
(c) Determine the special education placement for the child…115.78(2)(c)
As part of the IEP process, the IEP team determines the special education placement for children with disabilities.
has knowledge or special expertise about the child is a required member of the IEP team. Also, when a child is suspected or known to need occupational therapy, physical therapy and/or speech therapy, the IEP team must include the additional categories of an occupational therapist, a physical therapist and/or a speech pathologist, respectively. At least one individual serving in each required category must attend the IEP meeting or must be excused in writing. If the parent consents in writing, a required IEP team member, whose area of curriculum or related services will be discussed, may be excused from attending part or all of the IEP meeting. The member must give written input about developing the IEP to the parent and IEP team before the meeting.
