2460.04 - INDIVIDUALIZED EDUCATION PROGRAM PROCESS FOR SPECIAL EDUCATION STUDENTS

Grant County School

Bylaws & Policies

2460.04 - INDIVIDUALIZED EDUCATION PROGRAM PROCESS FOR SPECIAL EDUCATION STUDENTS

The Grant County Board of Education shall initiate and conduct meetings for the purpose of developing, reviewing and, if appropriate, revising the Individualized Education Program (IEP) for an exceptional student at least once a year. Specific methods for conducting these activities shall be stated in AG 2460.04.

Individualized Education Program Team Timelines

	A.	The Individualized Education Program (IEP) team shall be convened to develop a written IEP within thirty (30) calendar days of the determination of eligibility and prior to the initiation of services.
	B.	The IEP team shall be convened periodically, but not less than annually, to review and, if appropriate, revise the IEP for an exceptional student.

Individualized Education Program Team Membership

The County Board shall establish an IEP team which shall include the following participants:

a representative of the County Board, who:

			a.	is qualified to provide, or supervise, the provision of specially designed instruction to meet the unique needs of the exceptional student;
			b.	is knowledgeable about the general curriculum;
			c.	is knowledgeable about the availability of resources of the County Board.

		2.	at least one (1) regular education teacher of the student, including the referring and the receiving regular education teachers (if the student is, or may be, participating in the regular education environment);
		3.	at least one (1) special education teacher of the student, or if appropriate, at least one (1) special education provider of the student;
		4.	the parent(s) of the student;
		5.	if appropriate, the student;
		6.	at the discretion of the parent or County, other individuals who have knowledge or special expertise regarding the student, including related services personnel as appropriate;
		7.	an individual who can interpret the instructional implications of evaluation results.

Adolescent Transition – When considering transition services for a student with disabilities, at any age, the County shall also invite:

		1.	the student;
		2.	when the student is age sixteen (16) or older, a representative of any other agency that is likely to be responsible for providing or paying for the provision of transition services.

Private Schools – Before a County places a student with a disability in, or refers a student to a private school or facility, the County shall invite a representative of the private school or facility.

Individualized Education Program Content

In developing each student’s IEP, the IEP team shall consider:

		1.	the strengths of the student and the concerns of the parents for enhancing the education of their child;
		2.	the results of the initial or most recent evaluation of the student;
		3.	as appropriate, the results of the student’s performance on any general State or County school district-wide assessment programs.

The IEP for each student shall include:

a statement of the student’s present levels of educational performance, including:

			a.	how the student’s exceptionality affects the student’s involvement and progress in the general curriculum;
			b.	for preschool children, as appropriate, how the disability affects the student’s participation in appropriate activities.

a statement of measurable annual goals, including benchmarks or short term instructional objectives, which show a direct relationship to the present levels of educational performance and are related to:

			a.	meeting the student’s educational needs that result from the student’s exceptionality to enable the student to be involved in and progress in the general curriculum, or for preschool students, as appropriate, to participate in appropriate activities;
			b.	meeting each of the student’s other educational needs that result from the student’s exceptionality.

a statement of the specific special education and related services, and supplementary aids/services to be provided to the student, or on behalf of the student, and a statement of program modifications or supports for school personnel that will be provided to enable the student:

			a.	to advance appropriately toward attaining the annual goals;
			b.	to be involved and progress in the general curriculum and to participate in extra-curricular and other non-academic activities;
			c.	to be educated and participate with other students with and without exceptionalities in the activities described above.

		4.	an explanation of the extent, if any, to which the student will not participate with non-exceptional students in the regular class and in the activities described in 3 above;
		5.	appropriate objective criteria and evaluation procedures and schedules for determining, on at least an annual basis, whether the benchmarks or short-term instructional objectives are being achieved;
		6.	a statement of any individual accommodations/modifications in the administration of statewide assessment of student achievement that are needed in order for the student to participate in the assessment and, if the IEP team determines that the student will not participate in a particular statewide assessment of student achievement (or part of the assessment), a statement of:
		1.	why that assessment is not appropriate for the student;
		2.	how the student will be assessed.

		7.	the projected date for the beginning of the services and modifications and the anticipated frequency, location and duration of those services and modifications and supports for personnel;
		8.	a statement delineating extended school year services;
		9.	a statement of how the student’s parents will be regularly informed (through such means as periodic report cards), at least as often as parents are informed of their non-exceptional student’s progress, including:
		1.	the student’s progress toward the annual goals;
		2.	the extent to which that progress is sufficient to enable the student to achieve the goals by the end of the academic year.

Consideration of Special IEP Factors

	A.	The IEP team for a gifted student shall consider acceleration and the effects of acceleration on the student’s graduation.
	B.	The IEP for a blind or partially sighted student shall also provide for instruction in Braille and the use of Braille unless the IEP team determines, after an evaluation of the student’s reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the student’s future needs for instruction in Braille or the use of Braille), that instruction in Braille or the use of Braille is not appropriate for the student.
	C.	The IEP for a student whose behavior impedes his/her learning or that of others shall also include, if appropriate, strategies, including positive behavioral interventions, strategies and supports to address that behavior.
	D.	The IEP for a student with limited English proficiency shall include, if appropriate, the language needs of the student as these needs relate to the IEP.
	E.	The IEP shall include:

		1.	for each student with a disability beginning at age fourteen (14) (or younger, if determined appropriate by the IEP team), and updated annually, a statement of the transition service needs of the student that focuses on the student’s programs of study (such as participation in advanced-placement courses or a vocational education program);
		2.	for each student with a disability beginning at age sixteen (16) (or younger, if determined appropriate by the IEP team), and updated annually, a statement of needed transition services for the student, including, if appropriate, a statement of the interagency responsibilities or any needed linkages.

	F.	At least one (1) year prior to a student’s reaching the age of eighteen (18), the IEP must include a statement that the student has been informed of his/her rights under this policy, if any, that will transfer to the student when reaching age eighteen (18).
	G.	The IEP team shall consider the communication needs of the student.
	H.	The IEP for a student requiring assistive technology services and/or devices shall also include a specific statement of such services, including the nature and amount of such services and provision for home use, if determined appropriate by the IEP team.
	I.	The IEP team for a student who is deaf or hard of hearing shall consider the student’s language and communication needs, opportunities for direct communication with peers and professional personnel in the student’s language and communication mode, academic level, and a full range of educational needs, including opportunities for direct instruction in the student’s language and communication mode.
	J.	If, in considering the special factors described above, the IEP team determines that a student needs a particular device or service (including an intervention, accommodation, or other program modification) in order for the student to receive a free appropriate public education, the IEP team must include a statement to that effect in the student’s IEP.

Individualized Education Program Team Responsibilities

The regular education teacher of a student with an exceptionality, as a member of the IEP team, must, to the extent appropriate, participate in the development, review and revision of the student’s IEP, including assisting in the determination of:

		1.	appropriate positive behavioral interventions and strategies for the student;
		2.	supplementary aids and services, program modifications or supports for school personnel that will be provided for the student.

	B.	If additional evaluation is necessary, the IEP team shall refer the student for additional evaluation and may continue to develop the components of the IEP for which evaluation information is available.
	C.	The IEP team shall assure that:

		1.	if the student with disabilities, age fourteen (14) or older (or younger, if determined appropriate) does not attend the IEP meeting, the County Board shall take other steps to ensure that the student’s preferences and interests are considered and documented;
		2.	if an agency invited to send a representative to a meeting at which transition services will be discussed does not do so, the County shall take other steps to obtain the participation of the other agency in the planning of any transition services;
		3.	if a participating agency, other than the County, fails to provide the transition services described in the IEP, the County Board shall reconvene the IEP team to identify alternative strategies to meet the transition objectives set out in the student’s IEP;
		4.	nothing in this part relieves any participating agency, including a State vocational rehabilitation agency, of the responsibility to provide or pay for any transition service that the agency would otherwise provide to students with disabilities who meet the eligibility criteria of that agency.

The IEP team shall review the IEP to determine whether the annual goals for the student are being achieved and to revise the IEP as appropriate to address:

		1.	any lack of expected progress toward the annual goals and in the general curriculum, if appropriate;
		2.	the results of any reevaluation conducted;
		3.	any information about the student provided to, or by, the parents;
		4.	the student’s anticipated needs;
		5.	other matters.

	E.	In conducting a meeting to review, and, if appropriate, revise a student’s IEP, the IEP team shall consider the factors described in this policy.
	F.	The IEP team shall assure that:

		1.	to the maximum extent appropriate exceptional students, including students in public or private institutions or other care facilities, are educated with other students who are non-exceptional;
		2.	the removal from the regular education environment occurs only when the nature or severity of the exceptionality is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily or for gifted students, content pacing and peer group interaction with the use of curriculum and grouping modifications within the regular class cannot be achieved sufficiently;
		3.	the reasons for any removal of an exceptional student from the regular education environment are documented.

For students ages 6-21, placement shall be documented as one (1) of the following placement options:

Regular Education: Full-Time – wherein the student’s specially designed instruction and related services are delivered outside regular education classes or integrated community settings for less than twenty-one percent (21%) of the school day. This may include students placed in:

			a.	regular class with special education/related services provided within regular class;
			b.	regular class with instruction within the regular class and with special education/related services provided outside regular class;
			c.	regular class with special education services provided in a resource room.

Regular Education: Part-Time – wherein the student’s specially designed instruction and related services are delivered outside regular education classes or integrated community settings for at least twenty-one percent (21%) but no more than sixty percent (60) of the school day. This may include students placed in:

			a.	resource rooms with special education/related services provided within the resource room;
			b.	resource rooms with part-time instruction in a regular class.

Special Education: Separate Class – wherein the student’s specially designed instruction and related services are delivered outside regular classes or integrated community settings for more than sixty percent (60%) of the school day. This may include students placed in:

			a.	separate special classrooms with part-time instruction in a regular class;
			b.	separate special classrooms full-time on a regular school campus.

		4.	Special Education: Special School – wherein the student’s specially designed instruction and related services are delivered in a special school that serves only exceptional students for more than fifty percent (50%) of the student’s school day.
		5.	Special Education: Out-of-School Environment – wherein the student’s specially designed instruction and related services are temporarily delivered in:
		1.	a non-school environment, such as a public library, group home or mental health center;
		2.	a medical treatment facility/hospital;
		3.	the home.

Special Education: Residential Facility – wherein the student’s specially designed instruction and related services are delivered in a facility which provides twenty-four (24) hour care and supervision.

For students ages 3-5, placement shall be documented as one (1) of the following placement options:

		1.	Home – wherein all of the specially designed instruction and related services are delivered in the principal residence of the child’s family or care givers.
		2.	Early Childhood Setting – wherein all of the student’s specially designed instruction and related services are delivered in educational programs designed primarily for children without disabilities. This may include, but is not limited to: regular kindergarten classes; public or private preschools; Head Start Centers; child care facilities; preschool classes offered to an eligible pre-kindergarten population by the County Board; home/early childhood combinations; home/Head Start combinations; and other combinations of early childhood settings.
		3.	Part-Time Early Childhood/Part-Time Early Childhood Special Education Setting – wherein the specially designed instruction and related services are delivered in multiple settings, such that: (a) general and/or special education and related services are provided at home or in educational programs designed primarily for children without disabilities, and (b) special education and related services are provided in programs designed primarily for children with disabilities. This may include, but is not limited to: home/early childhood special education combinations; Head Start, child care, nursery school facilities, hospital facilities on an outpatient basis, or other community-based settings with special education provided outside of the regular class; regular kindergarten classes with special education provided outside of the regular class; separate school/early childhood combinations; and residential facility/early childhood combinations.
		4.	Reverse Mainstream Setting – wherein all of the special education and related services are delivered in educational programs designed primarily for children with disabilities but that include fifty percent (50%) or more children without disabilities.
		5.	Early Childhood Special Education Setting – wherein all of the specially designed instruction and related services are delivered in educational programs designed primarily for children with disabilities housed in regular school buildings or other community-based settings. This may include, but is not limited to: special education classrooms in regular buildings; special education classrooms in child care facilities, hospital facilities on an outpatient basis, or other community-based settings.
		6.	Itinerant Service Outside the Home – wherein all of the special education and related services are delivered at a school, hospital facility on an outpatient basis, or other location for a short period of time. These services may be provided individually or to a small group of children. This may include, but not limited to: speech instruction up to three (3) hours per week in a school, hospital, or other community-based setting.

The IEP team shall assure that the educational placement of each exceptional student, including a preschool child with a disability:

		1.	is determined at least annually;
		2.	is based on the student’s written IEP;
		3.	is in the student’s home school, unless the student’s IEP requires some other arrangements;
		4.	is as close as possible to the student’s home;
		5.	is made in consideration of any potential harmful effect on the student or on the quality of services that the students needs;
		6.	provides for participation with non-exceptional students in non-academic and extra-curricular services and activities to the maximum extent appropriate to the needs of the student;
		7.	is appropriate to meet the individual needs of the student and not based solely on any of the following:

			a.	category of exceptionality;
			b.	availability of special education placement options;
			c.	availability of educational or related services;
			d.	availability of staff;
			e.	availability of space.

is in an age-appropriate setting and that the student is not removed from education in an age-appropriate regular classroom solely because of needed modifications in the general curriculum.

The IEP team shall annually determine and document a student’s need for extended school year (ESY) services in accordance with the following:

		1.	Students with disabilities entitled to ESY services are those who require special education and related services in excess of the regular school year to maintain identified critical skills as described in the current IEP.
		2.	Documentation exists that a student meets the County’s criteria for determining whether the student:

			a.	exhibits, or may exhibit, regression during an interruption in educational programming;
			b.	exhibits, or may exhibit, a limited ability to recoup, or relearn skills, once programming has resumed;
			c.	exhibits regression/recoupment problem(s) that interfere with the maintenance of identified critical skills as described in the current IEP;
			d.	other factors that interfere with maintenance of identified critical skills as described in the current IEP, such as likelihood of regression, slow recoupment and predictive data.

		3.	The lack of clear evidence of such factors may not be used to deny a student ESY services, if the IEP team determines the need for such services and includes ESY in the IEP.
		4.	The ESY services shall consist of activities developed to maintain critical skills identified on the IEP developed for the academic year:

			a.	The IEP team shall document the duration, number of hours per week, and physical location of the special education and related services to be delivered.
			b.	The type and length of the services the student requires is determined on an individual basis by the IEP team.
			c.	ESY services for a student with disabilities do not have to be comparable to the services previously provided during the academic year.

		5.	ESY services may not be limited to a particular category of disability or be unilaterally limited in the type, amount or duration of those services.
		6.	The County Board shall annually inform parents of students with disabilities of the availability of ESY services and the procedures and criteria for determining a student’s need for ESY services, and of their right to refuse ESY services.

West Virginia Board of Education Policy 2419
WV Code 18-20-1, et. seq.
Individuals with Disabilities Education Act