IEP Committee
Checklists
• Eligibility Criteria Checklist for a Classification of Autism
• Eligibility Criteria Checklist for a Classification of Emotional Disturbance
• Eligibility Criteria Checklist for a Classification of Intellectual Disability
• Eligibility Criteria Checklist for a Classification of Specific Learning Disabilities
• IEP Committee Presentation Packet Checklist-Annual Review
• IEP Committee Presentation Packet Checklist-Initial Evaluation on a Child not Previously Classified
• IEP Committee Presentation Packet Checklist-Triennial Evaluation
• IEP Committee Presentation by the Special Education Teachers as an Educational Evaluator
Procedures
• IEP Committee Presentation by the Special Education Teacher as a Member of the IEP Committee
• IEP Committee Presentation by the Special Education Teacher as a Classroom Teacher
• IEP Committee Presentation by the Special Education Teacher as an Educational Evaluator
• Procedures for Changing a Student’s Classification or Placement
Checklists
Eligibility Criteria Checklist for a Diagnosis of Autism
Autism is defined as a clinical disorder. Clinical diagnosis is made by a professional with expertise in evaluating students with a variety of behavioral and emotional disorders, including Autism. Typically, such evaluations are conducted by student psychiatrists, clinical student psychologists, clinical neuropsychologists and specially trained neurologists and developmental pediatricians. In addition, many professionals may administer brief screening tools or parent/guardian report rating scales designed to identify students who may be at risk of a pervasive developmental disorder, or who may show early signs of the disorder.
**Important Point – The eligibility criteria for classifications under IDEA are not specifically stated under the law. Therefore, the eligibility criteria for a particular disability may differ from State to State.
Therefore, the information pertaining to “eligibility” is the authors’ professional interpretations based on reviewing the States’ guidelines and criteria for autism.
To receive the classification of Autism as student with a disability for special education services under IDEA, criteria 1 through 7 should be met:
_____ 1.) The student exhibits impairments in communication. The student is unable to use expressive and receptive language for social communication in a developmentally appropriate manner; lacks nonverbal communication skills or uses abnormal nonverbal communication; uses abnormal form or content when speaking and/or is unable to initiate or sustain conversation with others.
_____ 2.) The student exhibits difficulties in forming appropriate relationships. The student exhibits deficits relating to people, marked lack of awareness of other’s feelings, abnormal seeking of comfort at times of distress, absent or abnormal social play, and/or inability to make friends. The student does not relate to or use objects in an age appropriate or functional manner.
_____ 3.) The student exhibits unusual responses to sensory information. The student exhibits unusual, repetitive, non-meaningful responses to auditory, visual, olfactory, taste, tactile, and/or kinesthetic stimuli.
_____ 4.) The student exhibits impairments in cognitive development. The student has difficulty with concrete versus abstract thinking, awareness, judgment, and/or the ability to generalize. The student may exhibit perseverative thinking or impaired ability to process symbolic information.
_____ 5.) The student exhibits an abnormal range of activities. The student shows a restricted repertoire of activities, interests, and imaginative development evident through stereotyped body movements, persistent preoccupation with parts of objects, distress over trivial changes in the environment, unreasonable insistence on routines, restricted range of interests, or preoccupation with one narrow interest.
_____ 6.) The student has been previously diagnosed with autism by a qualified professional. A licensed clinical psychologist, psychiatrist, clinical neuropsychologist, specially trained neurologists, developmental pediatrician, or other specific medical or mental health professional qualified to diagnose autism has previously diagnosed the student; accompanied by a report with recommendations for instruction.
_____ 7.) The disability (autism) is adversely affecting the student’s educational performance. The IEP Committee uses multiple sources of information to determine that educational performance is adversely affected and is not primarily due to an emotional disability.
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Eligibility Criteria Checklist for a Classification of an Emotional Disturbance
In order to be eligible for a classification as a student with an Emotional Disturbance under IDEA, the following standards should be met:
Determine whether the student exhibits one or more of the following (a-e):
A. _____ An inability to learn at a rate commensurate with the student’s intellectual, sensory motor, and physical development. This characteristic requires documentation that a student is not able to learn, despite appropriate instructional strategies and/or support services. A comprehensive and differential assessment is performed to establish an “inability to learn.” The assessment should rule out any other primary reasons for the suspected disability, such as intellectual disability, speech and language disorders, autism, learning disability, hearing/vision impairment, multi-handicapping conditions, traumatic brain injury, neurological impairment or other medical conditions. If any of these other conditions is the primary cause, then the student may be deemed eligible for special education under that category of disability.
B. _____ An inability to build or maintain satisfactory interpersonal relationships with peers and teachers. This characteristic requires documentation that the student is unable to initiate or to maintain satisfactory interpersonal relationships with peers and teachers. Satisfactory interpersonal relationships include the ability to demonstrate sympathy, warmth and empathy toward others; establish and maintain friendships; be constructively assertive; and work and play independently. These abilities should be considered when observing the student’s interactions with both peers and teachers. This characteristic does not refer to the student who has conflict with only one teacher or with certain peers. Rather it is a pervasive inability to develop relationships with others across settings and situations.
C. _____ Inappropriate types of behavior or feelings under normal circumstances. This characteristic requires documentation that the student’s inappropriate behavior or feelings deviate significantly from expectations for the student’s age, gender and culture across different environments. The IEP Committee must determine whether the student’s inappropriate responses are occurring “under normal circumstances.” When considering “normal circumstances,” the IEP Committee should take into account whether a student’s home or school situation is disrupted by stress, recent changes, or unexpected events.
D. _____ A general pervasive mood of unhappiness or depression. This characteristic requires documentation that the student’s unhappiness or depression is occurring across most, if not all, of the student’s life situations. The student must demonstrate a consistent pattern of depression or unhappiness in keeping with the criterion, “long period of time” (i.e., several months). In other words, this pattern is not a temporary response to situational factors or to a medical condition.
The characteristics should not be a secondary manifestation attributable to substance abuse, medication or a general medical condition (e.g., hypothyroidism). The characteristics cannot be the effect of normal bereavement.
E. _____ Physical symptoms or fears associated with the student’s personal or school life.
Physical symptoms that qualify under the ED characteristic should adhere to the following four conditions:
a – _____symptoms suggesting physical disorders are present with no demonstrable medical findings.
b – _____ positive evidence or strong presumption exists that these symptoms are linked to psychological factors/conflict.
c – _____ the person is not conscious of intentionally producing the symptoms.
d – _____ the symptoms are not a culturally sanctioned response pattern.
Determine whether the student’s educational performance is adversely affected
Indicators of educational performance include present and past grades, achievement test scores and measures of ongoing classroom performance (e.g., curriculum-based assessment and work samples). Adverse effect on educational performance implies a marked difference between the student’s academic performance and reasonable (not optimal) expectations of performance. The appropriateness of the school district’s educational goals, as reflected in the curriculum and in the formal grading report, should be considered in determining whether the student’s performance meets reasonable expectations.
Determine that the student does NOT meet the criteria for a “socially maladjusted” student
A social maladjustment is a persistent pattern of violating societal norms, such as multiple acts of truancy, or substance or sex abuse, and is marked by struggle with authority, low frustration threshold, impulsivity, or manipulative behaviors. A social maladjustment unaccompanied by an emotional disturbance is often indicated by some or all of the following:
_____ Unhappiness or depression that is not pervasive.
_____ Problem behaviors that are goal-directed, self-serving and manipulative.
_____ Actions that are based on perceived self-interest even though others may consider the behavior to be self-defeating.
_____ General social conventions and behavioral standards are understood, but are not accepted.
_____ Negative counter-cultural standards or peers are accepted and followed.
_____ Problem behaviors have escalated during pre-adolescence or adolescence.
_____ Inappropriate behaviors are displayed in selected settings or situations (e.g., only at home, in school or in selected classes), while other behavior is appropriately controlled.
_____ Problem behaviors are frequently the result of encouragement by a peer group, are intentional, and the student understands the consequences of such behaviors.
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Eligibility Criteria Checklist for Classification of Intellectual Disability
Based on the results of assessment, in order to meet eligibility standards for the diagnosis of Intellectual Disabillity, a student has to meet all of the following:
Determine whether the student exhibits “significantly impaired intellectual functioning.”
_____Significantly impaired intellectual functioning, which is two or more standard deviations below the mean, which usually indicates an IQ score of less than 70 when the standard deviation is 15.
Interpretation of evaluation results shall take into account factors that may affect test performance, including:
(a) _____ limited English proficiency
(b) _____ cultural background and differences
(c) _____ medical conditions that impact school performance
(d) _____ socioeconomic status
(e) _____ communication, sensory, or motor disabilities.
Difficulties in these areas cannot be the primary reason for significantly impaired scores on measures of intellectual functioning; and
Determine whether the student exhibits “significantly impaired adaptive behavior in the home or community.”
Significantly impaired adaptive behavior can be determined by:
(a) _____ a composite score on an individual standardized instrument to be completed with or by the student’s principal caretaker which measures two standard deviations or more below the mean. Standard scores shall be used. A composite age equivalent score that represents a 50% delay based on chronological age can be used only if the instrument fails to provide a composite standard score. A composite score two or more standard deviations below the mean cannot be primarily the result of:
- limited English proficiency
- cultural background and differences
- medical conditions that impact school performance
- socioeconomic status
- communication, sensory, or motor disabilities
(b) _____ additional documentation which may be obtained from systematic documented observations, impressions, developmental history by an appropriate specialist in conjunction with the principal caretaker in the home, community, residential program or institutional setting
(3) _____significantly impaired adaptive behavior in the school, daycare center, residence, or program as determined by:
(a) _____systematic documented observations by an appropriate specialist, which compare the student with other students of his/her chronological age group. Observations shall address age-appropriate adaptive behaviors. Adaptive behaviors to be observed in each age range are to include (check if done):
_____birth – 6 years—communication, self-care, social skills, and physical development
_____6 – 13 years—communication, self-care, social skills, home living, community use, self-direction, health and safety, functional academics, and leisure
_____14 – 21 years—communication, self-care, social skills, home-living, community use, self-direction, health and safety, functional academics, leisure, and work
(b) _____when appropriate, an individual standardized instrument completed with the principal teacher of the student.
(c) _____ limited English proficiency
(d) _____ cultural background and differences
(e) _____ medical conditions that impact school performance
(f) _____ socioeconomic status
(g) _____ communication, sensory, or motor disabilities; and
_____ Developmental history (birth to age 18) indicates delays in cognitive/intellectual abilities and a current demonstration of delays I present in the student’s’ natural (home and school) environment; and
_____ The characteristics as defined above are present and cause an adverse affect on educational performance in the general education classroom or learning environment.
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Eligibility Criteria Checklist for a Classification of a Specific Learning Disability
In general, States use two different methods to determine whether a student meets the eligibility criteria as a student with a specific Learning Disability under IDEA. We present a synopsis of these two options for an IEP Committee to consider.
OPTION 1
In order to identify and be determined as eligible for special education services as a student with a Specific Learning Disability, the IEP Committee shall document that the following standards have been met. Based on the results of the assessment:
_____ The student demonstrates a continued lack of progress when provided with appropriate instruction in the suspected area of disability.
_____ Documented evidence exists which indicates that effective general education interventions and strategies have been attempted over a reasonable period of time.
_____ The determining factor for identification of a learning disability is not due to a lack of appropriate instruction in reading and math
_____ Evidence exists that the student does not achieve commensurate with his/her age and ability in one or more of the following areas: listening comprehension, oral expression, basic reading skills, reading comprehension, written expression, mathematics calculation, and/or mathematics reasoning.
_____ There is a severe discrepancy between educational performance and predicted achievement that is based on the best measure of cognitive ability (This is an OPTIONAL CONSIDERATION under IDEA 2004). Cognitive ability/achievement discrepancies should be used cautiously because a learning disability can exist when a numerical discrepancy does not. Such comparisons may assist in the diagnostic process. Careful diagnosticians examine all information and recognize developmental factors, including age and academic experience, in making a determination as to the value of such discrepancies.
_____ There is evidence of a cognitive processing disorder that adversely affects the student’s academic achievement. A cognitive processing disorder is defined as a deficit in the manner in which a student receives, stores, transforms, retrieves, and expresses information. Documented evidence exists that demonstrates or expresses the manifestation of the processing disorder in the identified achievement deficit.
_____ Evidence exists that the student’s learning problems are not due primarily to visual, hearing, or motor impairments; Intellectual Disability; Emotional Disturbance; environmental, cultural, or economic disadvantage; limited English proficiency; motivational factors; or situational traumas.
_____ There is evidence that characteristics as defined above are present and that the severity of the student’s Specific Learning Disability adversely affects his/her progress in the general education curriculum, demonstrating the need for special education and related services, and that students who perform in classroom academics in a manner commensurate with expected academic standards at the student’s grade level cannot be considered as having a Specific Learning Disability, even though they may show deficits on achievement tests in one or more of the seven academic areas.
OPTION 2
The team shall determine that a pupil has a specific learning disability and is in need of special education and related services when the pupil meets the criteria described in items A through C. Information about each item must be sought from the parent/guardian and included as part of the assessment data. The assessment data must confirm that the disabling effects of the pupil’s disability occur in a variety of settings.
A. The pupil must demonstrate severe underachievement in response to usual classroom instruction. The performance measures used to verify this finding must be both representative of the pupil’s curriculum and useful for developing instructional goals and objectives. The following assessment procedures are required at a minimum to verify this finding:
(1) _____ Evidence of low achievement from sources such as cumulative record reviews, classwork samples, anecdotal teacher records, formal and informal tests, curriculum based assessment results; and
(2) _____ at least one team member other than the pupil’s general education teacher shall observe the pupil’s academic performance in the general classroom setting. In the case of a student served through an Early childhood Special Education program or who is out of school, a team member shall observe the student in an environment appropriate for a student of that age.
B. The pupil must demonstrate a severe discrepancy between general intellectual ability and achievement in one or more of the following areas: oral expression, listening comprehension, written expression, basic reading skills, reading comprehension, mathematical calculation, or mathematical reasoning. The demonstration of a severe discrepancy shall not be based solely on the use of standardized tests. The team shall consider these standardized test results as only one component of the eligibility criteria.
(1) _____ The instruments used to assess the pupil’s general intellectual ability and achievement must be individually administered and interpreted by an appropriately licensed person using standardized procedures.
(2) _____ For initial placement, the severe discrepancy must be equal to or greater than 1.75 standard deviations below the mean of the distribution of difference scores for the general population of individuals at the pupil’s chronological age level.
C. The team must agree that it has sufficient assessment data that verify the following conclusions:
(1) _____ The pupil has an information processing condition that is manifested by such behaviors as: inadequate or lack of organizational skills (such as in following directions, written and oral; spatial arrangements; correct use of developmental order in relating events; transfer of information onto paper), memory (visual and auditory), expression (verbal and nonverbal), and motor control for written tasks such as pencil and paper assignments, drawing, and copying,
(2) _____ the disabling effects of the pupil’s information processing condition occur in a variety of settings.
(3) _____ the pupil’s underachievement is not primarily the result of: vision, hearing, or motor impairment; mental impairment; emotional or behavioral disorders; or environmental, cultural, economic influences; or a history of an inconsistent education program.
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IEP Committee Presentation Packet Checklist – Annual Review
The following is a list of items you should have with you at an Annual Review presentation:
_____ Pre and Post Test scores
_____ Latest Triennial Evaluation
_____ Outside Evaluations
_____ Current IEP
_____ Social Progress of the Student
_____ Academic Progress
_____ Report on Use of Modifications over the year
_____ Recommendations for addition or deletion of modifications, accommodations and rationale.
_____ Recommended Goals and Objectives for the coming year
_____ List of Related Services and progress
_____ Samples of Classwork-Portfolio
_____ Recommendation for continuation or change of classification
_____ Recommendation for continuation or change of placement
_____ Recommendation for the addition of or change in Transportation needs
_____ Assistive technology recommendations
_____ Other Documents: Specify:
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IEP Committee Presentation Packet Checklist – Initial Evaluation on a Child Not Previously Classified
INITIAL REFERRAL:
REQUIRED FORMS –
_____ Initial Referral to IEP Committee From School Staff
_____ Initial Referral to IEP Committee From Parent/Guardian
_____ Parent Assessment Plan/ Consent for Evaluation
EVALUATIONS
_____ Medical Report
_____ Classroom Observation
_____ Psychological Report
_____ Educational Report
_____ Speech/Language Report
_____ Vocational(Secondary Level Only)
_____ Other (i.e. Occupational Therapist, Physical Therapist, ESL, Reading)
_____ Specify
GUIDANCE MATERIALS
_____ Child’s Schedule
_____ Transcript Of Past Grades
_____ Latest Report Card
_____ Teachers Reports
OTHER
_____ Social Developmental History Form
_____ Discipline Information
_____ Child Study Team related Documents (i.e. minutes)
_____ Standardized Achievement Test Scores
_____ Report Cards
_____ Needs (Levels of Development: Social, Physical, Academic, Management)
_____ Recommended Goals and Objectives (Draft)
_____ Attendance Records
_____ Other
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IEP Committee Presentation Packet Checklist – Triennial Evaluation
The following list of materials should be considered when completing a triennial evaluation:
_____ Parent Notice of Triennial Evaluation
_____ Assessment Plan/Consent if required
_____ Prior Initial Evaluation or Triennial Evaluation
_____ Psychological Report
_____ Educational Report
_____ Speech/Language Report
_____ Medical Report
_____ Outside Reports
_____ Social History Update
_____ Transcript of Grades
_____ Child’s Schedule
_____ Recent Report Cards
_____ Teacher Reports
_____ Student Schedule
_____ Classroom Observation
_____ Other – Specify:
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IEP Committee Presentation by the Special Education Teacher as Educational Evaluator
If your role on the committee has resulted from your educational and perceptual evaluation of the child, then you need to keep the following in mind:
_____ Prior to the meeting, you should meet with the parents and go over your results. Follow the procedures outlined in the chapter Reporting Test Results to Parents.
_____ Make sure that you have your report complete and typed at least one week to ten days prior to the Eligibility Committee meeting. In some districts, the Eligibility Committee requires that the entire packet be forwarded a week in advance.
_____ Prior to the meeting, outline the important points of the report that you wish to make. Do not go through the report at the Eligibility Committee meeting looking for the issues that you feel need to be discussed. Preparation will make you look more professional.
_____ Make sure you report strengths as well as weaknesses.
_____ Even though everyone should have copies of your report in front of them, the length of the report may make it impossible for them to filter out the crucial sections in the time allotted for the meeting. Therefore you may want to develop a one page summary sheet which clearly outlines what you will be presenting. This would be handed out as you begin your presentation.
_____ Remember that this is not a parent conference to review the entire report. You should have done that earlier, so keep it brief and highlight the important issues. There are several individuals who may need to report results or speak and the Eligibility Committee may have several meetings that day.
_____ If you feel that the nature of the case may require more time than that normally set aside by the Eligibility Committee for a review, then call the chairperson and make a request for a longer meeting time. It is very uncomfortable when crucial meetings have to be ended because of time constraints.
_____ Be prepared to be questioned about your findings or some aspect of the report by a parent, committee member, lawyer (sometimes brought by the parent), and others. Even though this may not happen, you should be ready to answer without being defensive or anxious. Carefully looking over your report and being prepared is the best advice.
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Procedures
IEP Committee Presentation by the Special Education Teacher as a Member of the IEP Committee
There are times when the special education teacher will be asked to sit on the IEP Committee to review a case even though the teacher does not have or know the child or has not evaluated him/her. The participation of the special education teacher in this situation is for their expertise in reviewing academic and perceptual material that may be presented. This material may come from other evaluators within the district of from an outside agency or professional. If your role involves this aspect, then keep the following in mind:
1. Try to get a copy of the reports prior to the meeting. In some districts this is the procedure. If not request it so that you can review the findings and make notes.
2. Your role here is to review and analyze the test results and offer concrete and practical suggestions to the IEP Committee in the following ways:
- Indications of areas of strength and weakness
- Level of severity of the problem–mild, moderate or severe
- Educational implications in determining least restrictive placement
- Whether or not the recommendations coincide with the test result findings. For example, in some cases outside agencies or professionals will recommend resource room even though the child’s scores do not reflect a disability
- Whether or not the new findings support or disagree with past scores. For this you should do some research into the child’s historical academic patterns by reviewing any prior reports, achievement test scores, report card grades etc.
- Whether or not the findings require modifications and which ones they should be i.e. revised test format, flexible scheduling
3. be prepared. Do not wait until the last minute. It will look more professional if you come with notes, questions and suggestions.
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IEP Committee Presentation by the Special Education Teacher as Classroom Teacher
There may be times when you will be asked as the child’s classroom teacher to attend a IEP Committee meeting either for a review of classification, placement, annual review, change in an IEP or a special meeting requested by the parent.
When this occurs, keep the following in mind:
1. The first thing you need to do when you receive a request for your participation at an IEP Committee meeting is to find out the reason for the meeting. The material required may vary but your preparation prior to the meeting is crucial. If the meeting was called by the parent you may want to have them in for a conference to discuss their concerns.
2. Once you know why the meeting will be held, organize yourself so that you will have information in front of you in the following areas:
- The child’s present academic levels in reading, math, spelling and writing. These may be available as a result of recent individual or group achievement tests, informal evaluations that you may have administered, observation ( although try to be more objective) , class tests etc.
- Determine grade levels if possible and where the child falls in comparison to others in the class
- The child’s present pattern of classroom behavior. Write this up in behavioral terms (factual, observable and descriptive notes of behavior that do not include analysis or judgment)
- The child’s present levels of social interaction and social skills
- The child’s interest areas and areas of strength
- The child’s present schedule
- Samples of the child’s work
- Outline of parent conferences, phone conversations or meetings and the purpose and outcome of each. These notes should be kept on an ongoing basis
- Your opinion as to whether the child is benefiting from his present placement
- Any physical limitations noted and their implication on the learning process
- Your opinion on the child’s self-esteem
- Any pertinent comments made by the child that may have an impact on his present situation.
3. You should be well prepared to answer any questions with the above information at hand. When it is your turn to present, do it in an organized manner. Here to you may want to provide the participants with an outline of what you will be covering.
4. Try not to be defensive even if the reason for the meeting is the parent’s concern over the child’s placement in your class or the work load etc. Try to listen carefully as to what the parent is really asking for. It may not be as big of a problem as you may think and try to be solution oriented, even if the parent is blame oriented.
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IEP Committee Presentation by the Special Education Teacher as an Educational Evaluator
If your role on the committee has resulted from your educational and perceptual evaluation of the child, then you need to keep the following in mind:
1. Prior to the meeting, you should meet with the parents and go over your results.
2. Make sure that you have your report complete and typed at least one week to ten days prior to the IEP Committee meeting. In some districts, the IEP Committee requires that the entire packet be forwarded a week in advance.
3. Prior to the meeting, outline the important points of the report that you wish to make. Do not go through the report at the IEP Committee meeting looking for the issues that you feel need to be discussed. Preparation will make you look more professional.
4. Make sure you report strengths as well as weaknesses.
5. Even though everyone should have copies of your report in front of them, the length of the report may make it impossible for them to filter out the crucial sections in the time allotted for the meeting. Therefore you may want to develop a one page summary sheet which clearly outlines what you will be presenting. This would be handed out as you begin your presentation.
6. Remember that this is not a parent conference to review the entire report. You should have done that earlier, so keep it brief and highlight the important issues. There are several individuals who may need to report results or speak and the IEP Committee may have several meetings that day.
7. If you feel that the nature of the case may require more time than that normally set aside by the IEP Committee for a review, then call the chairperson and make a request for a longer meeting time. It is very uncomfortable when crucial meetings have to be ended because of time constraints.
8. Be prepared to be questioned about your findings or some aspect of the report by either a parent, committee member, lawyer (sometimes brought by the parent), and others. Even though this may not happen, you should be ready to answer without being defensive or anxious. Carefully looking over your report and being prepared is the best advice.
Download a PDF Version of this Procedure – CLICK HERE
Procedural Due Process
The procedure of due process as it applies to special education describes the legal procedures and requirements developed to protect the rights of children, parents and school districts. In respect to children suspected of having a disability, due process guarantees a free and appropriate public education in the least restrictive educational setting. For parents, due process protects their rights to have input into the educational program and placement of their child, and to have options in cases of disagreement with the recommendations of the school district. For school districts, due process offers recourse in cases of parent resistance with a request for evaluation, challenges to an independent evaluation sought by parents at public expense or unwillingness of parents to consent to the IEP Committee recommendation.
The components of due process include procedural safeguards such as:
Appropriate written notice – notice to parents is required in the following situations:
1. actions proposed by the IEP Committee to evaluate the existence of a suspected disability.
2. meetings by the IEP Committee to discuss the results of the evaluation to determine a suspected disability.
3. meetings to discuss the planning of an individual educational plan
4. proposed actions to review an individual educational plan
5. proposed actions to reevaluate the child’s classification or placement
6. aging-out notification for disabled children no longer eligible for tuition free educational services.
Written consent from parents – written consent is required in four specific situations. They are:
1. consent for an initial evaluation on a child not previously classified as having a disability
2. consent allowing for the provisions recommended by the IEP Committee in regards to classification and special education placement
3. notification prior to providing services for the first time for a disabled child in a 12-month program
4. prior to the disabled child’s aging out of public education
Confidentiality of records – a parent’s confidentiality of records is protected under due process. Confidentiality ensures that only educational institutions or agencies that have legitimate interest in the child’s education will be permitted to see the records. However, written consent from parents is required for the release of any information on their child other than the following:
1. staff members or school officials within the school district in which the child is a resident who must have a legitimate interest in the child’s education.
2. release of information to other school districts in which the disabled child may enroll. In this case the parents are notified of the transfer of information, may request copies of the information sent and may contest through a hearing the content of the transferred information.
Surrogate parents – in most cases his/her parents at IEP Committee meetings represent the child with a suspected disability. However, if the parents are unknown, unavailable or the child is a ward of the state, the IEP Committee must determine if there is a need for the assignment of a surrogate parent to represent the child. When this happens, the case the Board of Education chooses a surrogate from list of eligible individuals.
Impartial hearings – An impartial hearing is a procedure used to resolve disagreements between parents and the school district. This procedure of due process can be utilized when:
1. a parent disagrees with an IEP Committee recommendation
2. a parent disagrees with a Board of Education determination
3. The IEP Committee fails to evaluate and recommend a program within 30 days of the signed consent by the parents.
4. The IEP Committee fails to implement its recommendations within the 30-day requirement period.
5. There is failure on the part of the school district to administer a triennial evaluation.
6. Failure on the part of the school district to hold an annual review on a child with a disability.
7. parent/parents is unwilling to give consent for an evaluation.
8. parents are unwilling to consent to the recommendations of the IEP Committee concerning the classification or special education placement of a disabled child.
Appeals to the Commissioner of Education – This option provides another level of resolution for parents and school districts when an impartial hearing cannot resolve the disagreement. This is a legal process and the procedures are usually outlined in state manuals on the Commissioners Regulations.
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Procedures for Changing a Student’s Classification or Placement
On The Part Of the Parent: There may be times when a parent feels that his/her child’s present classification or placement needs to be reviewed and possibly changed. When this occurs the parent should follow the following procedures:
1. While a request for a change of classification or placement can always is made by a parent, there should be some basis for such a request. These may include, lack of growth on the part of the child, new diagnostic evaluations indicating another possible cause for the disability, distance from the house if an out of district placement, some danger to the child’s safety either in transit or at the site, disagreements with the school’s educational program , lack of services, and so on.
2. Once a parent feels that such a meeting is necessary they should document their reasons carefully. The presentation to the committee is crucial especially when you keep in mind that other professionals with a great deal of documentation will be present at the same meeting. Try to keep anecdotal records, papers, works samples, incident reports, calls to administration asking for assistance and any other records that will present a basis for such a request.
3. Once you have developed a packet of information, call the director of the IEP Committee and request a special meeting to discuss your concerns about your child’s classification or placement.
4. The director may ask you some questions over the phone but if this occurs, I would recommend you ask for a preliminary meeting with him/her. Many times a compromise or solution may be obtained by such a meeting. If this does not happen ask for a meeting of the full committee. Keep in mind that even if the chairperson agrees with you any change in an IEP requires a full meeting of the IEP Committee.
5. If the IEP Committee does not agree with your request you always have the option of asking for an impartial hearing which is part of your due process rights. At this meeting an impartial officer, not an employee of the district will hear both sides and offer a recommendation usually within 10 days.
On The Part Of the School: There may be times when the school feels that a child’s classification or placement needs to be changed. If this occurs they should follow certain procedures:
1. The reasons for such a request may result from an improvement in a child’s performance over a long period of time possibly indicating declassification, no longer requiring supportive services to maintain adequate school performance, severe difficulties with the present placement and a need for a more restrictive setting, the development of a secondary disability requiring a change to multiply disabled, inability to provide appropriate supportive services within the present placement and so on.
2. Once the school feels that such a recommendation is necessary, they should contact the chairperson of the IEP Committee and request a special meeting for the purposes of classification or placement review. This usually just requires filling out the necessary form.
3. The school should then call in the parent/s and discuss their concerns and request for a review by the IEP Committee. Hopefully, the parents have been involved along the ways that such a request will not come as a total surprise.
4. The school should then put together a packet of information including but not limited to teacher’s comments, work samples, grades, any testing updates, outside evaluations and so on. This packet should then be sent to the IEP Committee with a cover letter indicating the request for such a meeting and the school’s position.
5. The chairperson will then schedule a full meeting of the IEP Committee which is required for any possible change in an IEP.
6. At the meeting the school should make a very thorough presentation for any change in classification and placement since this type of change constitutes a very serious modification due to the implications that follow.
7. If the school is recommending declassification then the child will still be able to receive transitional supportive services for one year. The school should be sure that such a recommendation is made on the basis of a historical pattern of success and not a short term change. De-classifying and then having to reclassify a student can be traumatic.
8. If the review is based upon the schools feeling that a more therapeutic setting is required then documentation should indicate what has been tried and why the school feels that the present placement is unsuitable.
9. If the parent disagrees then the school also has the right to ask for an impartial hearing.
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