Preston County Board of Education
Policy 3-10-5 - Special Education, Individualized Education Program Process

Each public agency 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.

5.1.1. 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.

The CASE, onsite administrator or designee shall notify members of the IEP team, including the student when appropriate, of the time, date and location of the meeting at least 10 days prior to the meeting. The meeting shall be convened within 30 days of eligibility determination.

Documentation
Notice of EC/IEP team meeting, IEP

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.

The CASE, onsite administrator or designee shall, within one year from the date of the previous IEP, convene an IEP team meeting.

Documentation
IEP

Upon written request of an entitled regular classroom teacher, the CASE, onsite administrator or designee shall convene an IEP team meeting within 21 days of receipt of written request.

Documentation
IEP, written request

The CASE, onsite administrator or designee shall convene an IEP team meeting within 21 days of receipt of written request upon receipt of reasonable written request (e.g., classroom teacher, parent, student), to review the IEP and revise, if necessary.

Documentation
IEP, written request

The CASE or designee shall provide written notice to the parent within 10 days of receipt of written request if the parent's request for an IEP team meeting is refused.

Documentation
Written notice

5.1.2. Individualized Education Program Team Membership.

a. General - Preston County Schools shall establish an IEP team which shall include the following participants:

A. a representative of Preston County Schools, 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; and

(c) is knowledgeable about the availability of resources of the district.

Included as the representative of Preston County Schools shall be the CASE, Onsite Administrator, assistant Onsite Administrator, or professional special education personnel. For speech only IEP team meetings, the speech/language pathologist may serve as the district representative, if the criteria are met.

B. at least one 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);

C. at least one special education teacher of the student, or if appropriate, at least one special education provider of the student;

D. the parent(s) of the student;

E. if appropriate, the student;

F. at the discretion of the parent or Preston County Schools, other individuals who have knowledge or special expertise regarding the student, including related services personnel as appropriate; and,

G. an individual who can interpret the instructional implications of evaluation results.

Included as the individual who interprets the evaluation results shall be the special education specialist, audiologist, special educator, speech/language pathologist, related service provider, school psychologist, or other qualified professionals.

The CASE or designee shall select IEP team members that meet the criteria as specified above at least 10 days prior to the IEP team meeting.

Documentation
Notice of EC/IEP team meeting, IEP

A. the student; and,

B. when the student is age 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.

At least 10 days prior to the IEP team meeting the CASE or designee shall provide written notice to the student when the student is age 14 or older or when the student will reach age 14 during the term of the IEP.

At least 10 days prior to the IEP team meeting, the CASE or designee shall select representatives of other agencies appropriate to the student's identified transition needs and provide written notice to those agencies of the IEP meeting when the student is age 16 or older or when the student will reach age 16 during the term of the IEP.

Documentation
Notice of EC/IEP team meeting, IEP

At least 10 days prior to the IEP team meeting, the CASE or designee shall provide written notice of the IEP team meeting to the private school or facility representative if the student is being referred to such a facility by Preston County Schools.

Documentation
Notice of EC/IEP team meeting, IEP

5.1.3 Individualized Education Program Content

a. The IEP for each student shall include:

A. 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; or

(b) for preschool children, as appropriate, how the disability affects the student's participation in appropriate activities.

Within 30 days from the initial EC meeting or within one year from the date of the previous IEP, the IEP team shall utilize written and oral reports, such as evaluation data, eligibility reports, teacher and parent information, observations, criterion referenced tests, statewide assessment results and/or curriculum-based evaluation to develop a written IEP for each eligible student which contains the components described in 5.1.3a and meets the guidelines further specified in the WV IEP Form Directions.

Documentation
Evaluation data, IEP, IEP team meeting minutes

B. 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; and

(b) meeting each of the student's other educational needs that result from the student's exceptionality.

Note: If an entitled teacher defined in WV State Code §18-20-1c disagrees with the team's recommendations, the teacher shall file a written explanation outlining his/her disagreement or recommendation.

Documentation
Written disagreement



C. 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; and

(b) to be involved and progress in the general curriculum and to participate in extra-curricular and other non-academic activities; and

(c) to be educated and participate with other students with and without exceptionalities in the activities described in (C) above.

D. 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 above;

E. 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;

F. a statement of any individual accommodations/modifications in t he 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:

(a) why that assessment is not appropriate for the student; and

(b) how the student will be assessed.

G. 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;

H. a statement delineating extended school year services as specified in 5.1.5.i. of this section; and

I. 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:

(a) the student's progress toward the annual goals; and

(b) the extent to which that progress is sufficient to enable the student to achieve the goals by the end of the academic year.

5.1.4. 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.

Documentation
IEP, media assessment

c. The IEP for a student whose behavior impedes his or her learning or that of others shall also include, if appropriate, strategies, including positive behavioral interventions, strategies and supports to address that behavior.

The IEP team shall utilize evaluation data, disciplinary records, functional behavioral assessment and other pertinent information to develop IEP goals and objectives, or a behavioral intervention plan, and/or supplemental aids/services/program modifications.

Documentation
IEP, behavioral intervention plan, evaluation data

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.

The IEP team shall utilize evaluation reports and parent input to develop IEP goals and objectives and/or supplemental aids/services/program modifications.

Documentation
IEP, evaluation data

e. The IEP shall include:

A. for each student with a disability beginning at age 14 (or younger, if determined appropriate by the IEP team), a statement of the transition service needs of the student that focuses on the student's programs of study;

The IEP team shall utilize student interest surveys, interviews, results of statewide assessment instruments, parent input and/or other evaluation data to determine and document on the IEP a statement of transition service needs for the student.

Documentation
IEP, evaluation data, survey results, IEP team meeting notes, parent information

and;

B. for each student with a disability beginning at age 16 (or younger, if determined appropriate by the IEP team), a statement of needed transition services for the student, including, if appropriate, a statement of the interagency responsibilities or any needed linkages.

The IEP team shall utilize student interest surveys, interviews, results of statewide assessment instruments, parent input, information from other agencies and/or other evaluation data to determine and document on the IEP a statement of needed transition services and interagency responsibilities or linkages, if appropriate.

Documentation
IEP, individual student transition plan, evaluation data, survey results, IEP team meeting notes, agency reports, parent information

At the IEP team meeting prior to the student's 17th birthday, the IEP team chair shall provide the student and parent with a procedural safeguards brochure and explain those components/rights which will transfer to the student at the age of 18 and obtain student signature to document their receipt of information.

Documentation
IEP, student signature, procedural safeguards brochure, age of majority form/letter

g. The IEP team shall consider the communication needs of the student.

The IEP team shall utilize evaluation reports and parent input to develop IEP goals and objectives and/or supplemental aids/services/program modifications in the area of communication, if needed.

Documentation
IEP, evaluation data

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.

The IEP team shall utilize evaluation reports and parent input to document assistive technology needs and develop IEP goals and objectives and/or supplemental aids/services/program modifications in the area of assistive technology, if needed.

Documentation
IEP, evaluation data

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.

The IEP team shall utilize evaluation reports and parent input to develop IEP goals and objectives and/or supplemental aids/services/program modifications in the areas specified in 5.1.3.i of these procedures, if needed.

Documentation
IEP, evaluation data

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.

The IEP team shall utilize evaluation reports and parent input to address any special factors listed in 5.1.3j of these procedures and document such factors on the IEP.

Documentation
IEP, evaluation data

5.1.5. Individualized Education Program Team Responsibilities.

a. 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.

The IEP team shall utilize evaluation reports and parent input to determine if data is sufficient to develop and appropriate IEP. If the IEP team finds available data to be insufficient, the IEP team shall document the findings, request additional evaluation and develop an IEP based on available evaluation information.

Within 5 school days of the IEP team meeting, the IEP team chair shall request parental consent for additional evaluation if requested by the IEP team.

Within 5 school days of receipt of parental consent, the IEP team chair shall process request for additional evaluation following the procedures in section 3.1.

Within 60 days of receipt of parental consent, the CASE or designee shall conduct additional evaluations and reconvene the IEP team to consider additional evaluation data and review/revise the IEP.

Documentation
IEP, notice of evaluation/reevaluation request

b. The IEP team shall assure that:

A. If the student with disabilities, age 14 or older (or younger, if determined appropriate) does not attend the IEP meeting, the public agency shall take other steps to ensure that the student's preferences and interests are considered and documented;

The IEP team chair shall provide written notice to the student of the IEP team meeting at least 10 days prior to the IEP meeting. If the student does not attend, the team shall use the student interest interview/survey and other evaluation data to address and document the student's preferences and interests on the IEP.

Documentation
IEP, interview data, surveys, evaluation data, notice of EC/ICP team meeting

B. If an agency invited to send a representative to a meeting at which transition services will be discussed does not do so, the public agency shall take other steps to obtain the participation of the other agency in the planning of any transition services;

In the event the agency does not attend the IEP meeting, the CASE or designee shall obtain input and recommendations concerning transition services for the student by telephone conference call, meetings and/or correspondence prior to, during, or within 10 days of completion of the IEP team meeting.

Documentation
Telephone log, correspondence, meeting notes

C. If a participating agency, other than the public agency, fails to provide the transition services described in the IEP, the public agency shall reconvene the IEP team to identify alternative strategies to meet the transition objectives set out in the student's IEP; and

Within 10 days of notification by the student, parent, educational staff or other agency that transition services are not being provided by the participating agency, the CASE or designee shall contact the participating agency to determine the status of the agency's provision of transition services to the student.

Documentation
Telephone log, correspondence

Within 30 days of notification, the CASE or designee shall provide written notice and reconvene an IEP meeting for the purpose of identifying alternative strategies if informal interventions and discussions can not resolve the failure to provide the agreed upon services.

Documentation
Notice of EC/IEP team meeting

D. Nothing I n 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.

A. any lack of expected progress toward the annual goals and in the general curriculum, if appropriate;

B. the results of any reevaluation conducted;

C. any information about the student provided to, or by, the parents;

D. the student's anticipated needs; or

E. other matters.

Within one year from the date of the previous IEP, the IEP team shall review and discuss performance data, evaluation data, and parent information to determine progress toward annual goals, and shall revise the IEP based upon this review.

Documentation
Evaluation data, performance data, meeting notes, IEP, Other appropriate data

e. The IEP team shall assure that:

A. 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;

B. 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; and

C. the reasons for any removal of an exceptional student from the regular education environment are documented.

The IEP team shall consider the following factors prior to recommending the student's removal from the regular education environment:

-- location where age-appropriate non-exceptional peers are educated

-- success of previously implemented supplementary aids and services and program modifications

-- potentially harmful effect (lack of student safety, diminished self esteem)

-- student progress

-- present levels of educational performance

-- positive behavioral interventions, strategies and supports

The IEP team shall document the evidence that substantiates the placement decision in the present levels of educational performance.

Documentation
IEP, meeting notes, behavior intervention plan, progress report, other appropriate data

A. Regular Education: Full-Time - wherein the student's specially designed instruction and related services are delivered with non-exceptional individuals outside regular education classes or integrated community settings for less than 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; or

regular class with special education services provided in a resource room.

B. Regular Education: Part-Time - wherein the student's specially designed instruction and related services are delivered with non-exceptional individuals outside regular education classes or integrated community settings for at least 21% but no more than 60% of the school day. This may include students placed in:
(a) resource rooms with special education/related services provided within the resource room; or

(b) resource rooms with part-time instruction in a regular class.

C . 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 60% of the school day. This may include students placed in:
(a) separate special classrooms with part-time instruction in a regular class; or

(b) separate special classrooms full-time on a regular school campus.

D. 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 50% of the student's school day.

E. Special Education: Out-of-School Environment - wherein the student's specially designed instruction and related services are temporarily delivered in:

(a) a non-school environment, such as a public library, group home or mental health center;

(b) a medical treatment facility/hospital; or

the home.

F. 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.

A. 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;

B. 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 public agency; home/early childhood combinations; home/Head Start combinations; and other combinations of early childhood settings;

C. 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 service s 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;

D. 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 50 percent or more children without disabilities.

E. 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;

F. 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 3 hours per week in a school, hospital, or other community-based setting.

A. is determined at least annually;

B. is based on the student's written IEP;

C. is in the student's home school, unless the student's IEP requires some other arrangements;

D. is as close as possible to the student's home;

E. is made in consideration of any potential harmful effect on the student or on the quality of services that the student needs;

F. provides for participation with non-exceptional students in non-academic and extracurricular services and activities to the maximum extent appropriate to the needs of the student; and

G. 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; and

(e) availability of space

H. 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.

A. 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;

B. Documentation that a student meets the public agency'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;

At least annually, the IEP team chair shall convene an IEP team meeting to identify critical skills on the IEP by marking the skill with an asterisk (*), and shall document the student's present level of performance in this critical skill area.

Documentation
IEP/IFSP

and

(c) exhibits regression/recoupment problem(s) that interfere with the maintenance of identified critical skills as described in the current IEP;

The special educator shall, during the first four weeks of a new school year and/or after intervals when services are interrupted, such as holidays, evaluate the presence of regression by using the evaluation method listed on the IEP which corresponds with the critical skill and document the student's performance level on the IEP.

After 45 days of resuming services, the special educator shall evaluate whether the student relearned the skill and shall determine the presence of skill recoupment by documenting whether the student relearned the skill to the documented performance level listed in the IEP.

At least annually the IEP team shall discuss and document regression and recoupment data or student performance.

and/or

(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.

At least annually, the IEP team shall review and discuss other factors such as likelihood of regression, slow recoupment and behaviors, which may interfere with the student's maintenance of critical skills and/or emerging skills to determine the need for ESY services.

At least annually the IEP team shall document the services to be provided beyond the standard school year on the WV IEP form.

Documentation
Documentation of performance, IEP/IFSP

C. 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;

The IEP team shall determine whether the student may reasonably be expected to exhibit a regression/recoupment problem when data is unavailable.

The IEP team shall draw upon evaluation information, progress data, parent input, and any existing information related to the student's performance following breaks in the school year such as holidays or periods of illness.

The IEP team shall determine and document the ESY services to be provided if there is a high probability that the maintenance of critical skills learned during the school year will be significantly jeopardized and that recoupment will be a problem without services beyond the standard school year.

Documentation
IEP/IFSP, evaluation data, classroom performance data, other appropriate data

D. 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.

Prior to implementation of ESY services, the IEP team shall review data collected on critical skills to delineate services to be implemented through ESY and shall document the required components as specified on the WV IEP form.

E. 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;

The CASE or designee shall perform comparison of ESY services across IEPs.

F. Preston County Schools 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.

The CASE or designee shall annually provide written notice to parents of the requirements and document parent refusal of ESY services.

Documentation
Procedural safeguard, brochure, IEP

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