Strategies for Building Strong and Compliant IEPs

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Strategies for Building Strong and Compliant IEPs

• Individualized Consideration
• of Special Factors

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Acknowledgements

• Some of the material in this presentation is from
• IDEA 2004 and accompanying regulations
• NICHCYs Building the Legacy A Training
  Curriculum on IDEA 2004
• Understanding, Developing and Writing Effective
  IEPs, Pierangelo Giuliani, 2007

3
Advance organizer

• Explore the rationale
• Examine the law
• Discuss how to implement the law
• Practices
• Documentation
• Engage in practice activities
• Review next steps

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The Rationale
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What is the purpose and intent of considering
special factors?

• Committee must have a comprehensive and
  individualized discussion and documentation of
  the special factors, without regard to
  disability category, to determine whether a child
  may need particular devices or services
  (including an intervention, accommodation, or
  other program modification) in order for the
  student to receive FAPE, insuring that the IEP is
  tailored to a students unique educational needs.

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The Law
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C.F.R. 300.324(a)(2) Development, review, and
revision of IEP, Consideration of special factors.

• Development of IEP-- General. In developing each
  child's IEP, the IEP Team must consider--   
• (2) Consideration of special factors. The IEP
  Team must- 
• (i) In the case of a child whose behavior impedes
  the child's learning or that of others, consider
  the use of positive behavioral interventions and
  supports, and other strategies, to address that
  behavior   
• (ii) In the case of a child with limited English
  proficiency, consider the language needs of the
  child as those needs relate to the child's
  IEP   

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C.F.R. 300.324(a)(2) Development, review, and
revision of IEP, Consideration of special
factors, continued.

• (iii) In the case of a child who is blind or
  visually impaired, provide for instruction in
  Braille and the use of Braille unless the IEP
  Team determines, after an evaluation of the
  child's reading and writing skills, needs, and
  appropriate reading and writing media (including
  an evaluation of the child'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 child   
• (iv) Consider the communication needs of the
  child, and in the case of a child who is deaf or
  hard of hearing, consider the child's language
  and communication needs, opportunities for direct
  communications with peers and professional
  personnel in the child's language and
  communication mode, academic level, and full
  range of needs, including opportunities for
  direct instruction in the child's language and
  communication mode and   
• (v) Consider whether the child needs assistive
  technology devices and services.

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Understanding, Determining and Documenting
Consideration of Special Factors
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Use the IEP form to guide your practices and meet
requirements of the law.

• On the RECIX IEP Form this information will be
  documented in the following section
• Section II. Consideration of Special Factors.
• If appropriate, the Addendum for Students who
  are Deaf or Hard of Hearing Communications
  Consideration Form.

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What are special factors?

• The IEP Team must engage in individualized
  consideration of special factors associated with
  the following five areas when they develop,
  review, and revise an IEP
• Children whose behavior impedes own learning
• Language and communication needs of children with
  limited English proficiency
• Children who are blind or visually impaired
• Communication needs of all children, with
  particular emphasis on children who are deaf and
  hard of hearing
• Whether the child needs assistive technology
  devices and services
• Our IEP adds two factors
• Mobility
• Transportation

NICHCY, December 2007
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Special Factor 1 Behavior

• This factor relates to children with behavior
  challenges that interfere with their learning or
  that of others, and consideration of a childs
  behavior needs as such needs relate to his or her
  IEP.

NICHCY, December 2007
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Special Factor 1 How do we do it?

• The IEP team engages in an individualized
  conversation and consideration of behavior and
  determines
• if behavior is an area of concern if the
  students behavior is affecting his or her
  learning or that of others?
• if yes, what behavior supports are needed.
• The IEP team may consider using the questions in
  the How Do We Do It? sections of your handouts
  to guide your process and documentation.
• Take a few minutes now to review the steps on
  page 2 of your handouts.

NICHCY, December 2007
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Special Factor 1 How do we know if we are doing
it right?

• The IEP team may consider using the questions in
  the How Do We Know We Are Doing It Right?
  sections of your handouts to assess their process
  and documentation.
• Take a few minutes now to review the guidance on
  pages 3 and 4 of your handouts.

NICHCY, December 2007
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Special Factor 2 Limited English Proficiency

• This factor relates to children with limited
  English proficiency (LEP) and the consideration
  of a childs language needs as such needs relate
  to his or her IEP.

NICHCY, December 2007
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Special Factor 2 How do we do it?

• The IEP team engages in an individualized
  conversation and consideration of English
  language proficiency and determines
• if the students level of English language
  proficiency affects special education and related
  services the student needs? And, if so, to what
  extent?
• if yes, what special education and related
  services will the student need to be provided in
  a language other than English?
• The IEP team may consider using the questions in
  the How Do We Do It? sections of your handouts
  to guide their process and documentation.
• Take a few minutes now to review the steps on
  pages 5 and 6 of your handouts.

NICHCY, December 2007 Pierangelo Giuliani,
2007
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Special Factor 2 How do we know we are doing it
right?

• The IEP team may consider using the questions in
  the How Do We Know We Are Doing It Right?
  sections of your handouts to assess their process
  and documentation.
• Take a few minutes now to review the guidance on
  page 7 of your handouts.

NICHCY, December 2007
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Special Factor 3 Blindness and Visual Impairment

• The third special factor relates to the needs of
  children who are blind or visually impaired. For
  these children, the IEP team must provide for
  instruction in Braille and the use of
  Braille---unless the team "determines, after an
  evaluation of the childs reading and writing
  skills, needs, and appropriate reading and
  writing media (including an evaluation of the
  childs 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 child 300.324(2)(iii).

NICHCY, December 2007
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Special Factor 3 How do we do it?

• The IEP team engages in an individualized
  conversation and consideration of vision and
  determines
• if vision is an area of concern.
• if yes, what supports, with specific attention to
  Braille, are needed.
• The IEP team may consider using the questions in
  the How Do We Do It? sections of your handouts
  to guide their process and documentation.
• Take a few minutes now to review the steps on
  page 8, 9 and 10 of your handouts.

NICHCY, December 2007
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Special Factor 3 How do we know we are doing it
right?

• The IEP team may consider using the questions in
  the How Do We Know We Are Doing It Right?
  sections of your handouts to assess their process
  and documentation.
• Take a few minutes now to review the guidance on
  page 10 of your handouts.

NICHCY, December 2007
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Special Factor 4 Communication Needs

• The fourth special factor that the IEP team must
  consider when developing a child's IEP is that
  child's communication needs. In the case of a
  child who is deaf or hard of hearing, team
  members must consider the childs language and
  communication needs opportunities for direct
  communications with peers and professional
  personnel in the childs language and
  communication mode academic level and full
  range of needs, including opportunities for
  direct instruction in the childs language and
  communication mode 300.324(2)(iv).

NICHCY, December 2007
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Special Factor 4 How do we do it?

• The IEP team engages in an individualized
  conversation and consideration of communication
  and determines
• if communication is an area of concern
• if the student needs to learn or use special
  communication and language skills and strategies
• if yes, does the students annual goals and short
  term objectives or benchmarks address affected
  areas
• The IEP team may consider using the questions in
  the How Do We Do It? sections of your handouts
  to guide their process and documentation.
• Take a few minutes now to review the steps on
  pages 11, 12 and 13 of your handouts.

NICHCY, December 2007 Pierangelo Giuliani,
2007
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Special Factor 4 How do we know we are doing it
right?

• The IEP team may consider using the questions in
  the How Do We Know We Are Doing It Right?
  sections of your handouts to assess their process
  and documentation.
• Take a few minutes now to review the guidance on
  page 14 of your handouts.

NICHCY, December 2007
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Special Factor 5 Assistive Technology

• The fifth and final special factor that the IEP
  team must consider relates to whether the child
  needs assistive technology (AT) devices and
  services.

NICHCY, December 2007 Pierangelo Giuliani,
2007
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Special Factor 5 How do we do it?

• The IEP team engages in an individualized
  conversation and consideration of assistive
  technology and determines
• what, if any, assistive technology devices and
  services does the student need to achieve her or
  his annual goals, including benchmarks, or
  short-term objectives?
• The IEP team may consider using the questions in
  the How Do We Do It? sections of your handouts
  to guide their process and documentation.
• Take a few minutes now to review the steps on
  pages 21-27 of your handouts.

NICHCY, December 2007
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Special Factor 5 How do we know we are doing it
right?

• The IEP team may consider using the questions in
  the How Do We Know We Are Doing It Right?
  sections of your handouts to assess their process
  and documentation.
• Take a few minutes now to review the guidance on
  page 27 of your handouts.

NICHCY, December 2007
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Practice Activities
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Activity Reviewing The Special Factors Section
of the IEP

• Work individually, in a pair or a small group.
• Review Section II. Consideration of Special
  Factors of an IEP of a student you are familiar
  with.
• Use the How Do We Know We Are Doing It Right?
  sections of your handouts to guide your review.
• Be prepared to share your impressions with others.

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Activity Documenting Consideration of Special
Factors

• Work individually, in a pair or a small group.
• Use the steps in Special Factors How Do We Do
  It? to guide a mock walk through of the process
  of an individualized consideration and
  documentation of special factors with a student
  you are familiar with.
• Then use the criteria provided in Considering
  Special Factors How Did We Do? to assess your
  work.
• Be prepared to share your work with others.

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Next Steps
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The challenge

• Use new skills in future IEP meetings!
• Remember it is all about doing and documenting
  what is best for students and supports positive
  outcomes.

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What questions do you have?
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Contact for additional support

• Region IX Education Cooperative
• 1400 Sudderth Dr.
• Ruidoso, NM 88345
• Phone [phone]
• Fax [phone]
• recix_at_recixnm.org

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Wrapping it up

• Please complete the evaluation form and return to
  the RECIX office.
• Thank you!