Serving Unit 5 and El Paso-Gridley District 11

Individualized Education Plan

A. Development of IEP
     1. An IEP meeting will be conducted within 30 days (and no later than 60 school days from the date of referral) after a student is determined to be eligible. The student receiving special education and related services must have an IEP developed in compliance with these procedures and in effect at the beginning of each subsequent school year.
     2. The specified group of persons responsible for the development of the IEP includes:

         a. A representative of the Member District (other than the student’s teacher) who is qualified to provide, or supervise the provision of special education, is knowledgeable about the general curriculum, is knowledgeable about MVSEA and the Member District’s resources, and has the authority to make commitments for the provision of resources and is able to ensure that the services set out in the IEP;
         b. At least one of the student’s special education teachers, or where appropriate, at least one special education provider of the student. If the student is receiving only speech and language services, the speech and language pathologist shall fulfill this role. 
         c. At least one regular education teacher of the student (if the student is, or may be, participating in the regular education environment).
         d. One or both of the student’s parent(s)/guardian(s);
         e. The student may be invited by either MVSEA or the Member District or the parent(s)/guardian(s). MVSEA or the Member District shall invite the student when a purpose of the IEP meeting is to consider and plan transition services or when the student has reached the age of 18. When the student does not attend the IEP meeting where transition services are discussed, MVSEA or the Member District shall take other steps to ensure that the student’s preferences and interests are considered;
         f. Other individuals, at the discretion of the parent(s)/guardian(s) or MVSEA or the Member District, who have knowledge or special expertise regarding the student, including related services personnel, as appropriate;
         g. An individual who is qualified to interpret the instructional 
implications of the evaluation results; 
         h. If appropriate, a qualified bilingual specialist or bilingual teacher (who may be one of the individuals listed above); 
         i. If appropriate, and in those cases where the student’s behavior impedes his/her learning or the learning of others, a person knowledgeable about positive behavior strategies; 
         j. If transition services will be discussed, MVSEA or the Member District shall invite representative(s) of other agencies that are likely to be responsible for providing or paying for transition services. 

     3. MVSEA and its Member Districts will take the following steps to encourage parental participation in the IEP process:

         a. MVSEA or the Member District will schedule each IEP meeting at a mutually agreed upon time and place, whenever possible;
         b. MVSEA or the Member District will notify parent(s)/guardian(s) at least 10 days prior to any IEP meeting of the purpose, time and location of the meeting, the titles of the persons who will be in attendance, and the parent(s)/guardian(s) right to other individuals with knowledge or special expertise regarding the student;
         c. The Member District may conduct an IEP meeting without a parent(s)/guardian(s) in attendance if MVSEA or the Member District is unable to obtain the parent(s)/ guardian(s) participation.
         d. If neither parent(s)/guardian(s) is present at an IEP meeting, the Member District will maintain a record of attempts to secure parental participation such as:

             (1) Records of telephone calls made or attempted and the results;
             (2) Copies of correspondence and any responses received; and
             (3) Record of home visits and visits to places of employment and the results of those visits.

         e. If neither parent(s)/guardian(s) can attend an IEP meeting in person, the Member District will use other methods to ensure parental(s)/guardian(s) participation, including individual or conference telephone calls; and
         f. MVSEA or the Member District will take whatever action is necessary to ensure that the parent(s)/guardian(s) understand the proceedings of the IEP meeting, including the use of an interpreter for parent(s)/guardian(s) who are deaf or whose native language is other than English.

     4. In developing a student's IEP, the IEP Team shall consider the strengths of the student and the concerns of the parent(s)/ guardian(s) regarding the student’s education, and the results of the most recent valid evaluation and any available useful assessment. The IEP Team shall also consider the following factors and if the student needs a device or service to receive a FAPE, these must be documented in the IEP:

         a. If appropriate, including positive interventions, strategies and supports for students with behavior that impedes his/her learning or that of others;
         b. Language needs, for students with limited English proficiency;
         c. Instruction in Braille and/or the use of Braille, unless the IEP Team determines it is not needed, for students who are blind or visually impaired;
         d. Communication needs;
         e. Assistive technology devices and services; and
         g. For a student who is deaf or hard of hearing, the IEP team must consider the student's language and communication needs, opportunities for direct communication with peers and professionals in the student's language and communication mode, academic level and full range of needs, including opportunities for direct instruction in the student's language and communication mode.

     5. IEP shall include the following components:

         a. A statement of the child's present levels of educational performance, including. This must include a statement of how the student's disability affects his/her involvement and progress in the general curriculum. For a preschool student, as appropriate, the statement must describe how the disability affects the student's participation in appropriate activities.
         b. A statement of measurable annual goals that reflect consideration 
of the State Goals for Learning and the Illinois Learning Standards, 
as well as benchmarks or short-term objectives, related to the following:

             (1) Meeting the student's needs that result from the student's disability, to enable the student to be involved in and progress in the general curriculum or, for preschool students, to participate in age appropriate activities; and
             (2) Meeting each of the student's other educational needs that result from the student's disability.

          c. A description of the special education and related services, 
supplementary aids and services, and program modifications or supports that will be provided for the student to:

             (1) To advance appropriately toward attaining the annual goals; and
             (2) Be involved and progress in the general curriculum and to participate in extracurricular and other nonacademic activities.

           d. The projected beginning date for the services and modifications, and the amount, frequency, and anticipated duration of specific special education and related services to be provided.
           e. An explanation of the extent, if any, to which the student will not participate with nondisabled student in the general education class and in extracurricular and other nonacademic activities.
           f. A statement of any extended school year services to be provided to the student. 
           g. A statement of the student’s ability to participate in State and District-wide assessments. This statement must describe any individual accommodations that are needed in order for the student to participate in the assessment. If the IEP Team determines that the student will not participate in a particular assessment of student achievement (or part of an assessment), a statement documenting why the assessment is not appropriate for the student and how the student will be assessed, including a description of the alternate assessments, must be included in the IEP.
           h. A description of how the student's progress toward his/her annual goals will be measured, and how the students parent(s)/guardian(s) will be regularly informed, at least as often as parent(s)/guardian(s) of the are informed of their nondisabled student’s progress of: 

               (1) The student’s progress toward annual goals; and 
               (2) The extent to which that progress is sufficient to enable the student to achieve the goals by the end of the year.

            i. Beginning at age 14, the IEP shall contain a statement of any transition services needed, which focuses on the student’s course of study.
            j. When the student reaches 14½, the IEP must include goals for employment, postsecondary education, or community living alternatives, and a description of transition supports or services, including, if appropriate, a statement of the interagency responsibilities or any needed linkages.
            k. The IEP for a student who has reached the age of 17 shall include documentation that the student has been informed of the rights under the Individuals with Disabilities Education Act that will transfer to the student when he/she reaches the age of 18.
            l. The placement the IEP Team has determined to be appropriate for the student.

     6. Before the Member District places a student or refers a student to a private school or facility:

          a. The Member District will convene an IEP meeting with a representative of the private school in attendance or will use other methods to ensure participation by the private school or facility (including individual or conference telephone calls) in its development.
          b. With respect to the annual review and revision of the IEP of a student with a disability placed or referred to a private school by a Member District, the Member District may permit the private school to initiate IEP meetings which will be conducted as described above, provided that the parent(s)/guardian(s) of the student and a representative of MVSEA or the Member District are invited to participate in any decision about the student's IEP and agree to any proposed changes in the IEP.

     7. Each initial IEP must be completed by the IEP team no later than 30 days after the determination of eligibility and in no case later than 60 school days from the date of referral. When a student is referred for an evaluation with fewer than 60 pupil attendance days left in the school year, the eligibility determination shall be made and, if the student is eligible, an IEP shall be in effect prior to the first day of the next school year. 
     8. MVSEA and its Member Districts shall not provide special education or related services to a student with a disability unless and until an IEP has been completed and a placement has been made pursuant to the requirements set forth by federal and state law.
     9. MVSEA and its Member Districts shall provide the parent(s)/guardian(s) with a copy of the IEP at no cost to the parent(s)/guardian(s).
     10. Once the student reaches the age of majority, MVSEA and its Member Districts shall continue to provide written notices to the student’s parent(s)/guardian(s).

B. Determination of Related Services
     1. Participants in the IEP Team meetings held to develop, review, or revise the IEP should determine what related services are necessary to assist a student in benefiting from his/her special education.
     2. If a related service is determined by the IEP Team to be a needed service, the IEP team shall include the service in the IEP at no cost to the student or to the student's parent(s)/guardian(s).

C. Implementation of the IEP
     1. Implementation of the IEP will occur within 10 days after the parent(s)/ guardian(s) have been provided notice of the placement unless otherwise agreed by the IEP Team. 
     2. The IEP must be accessible to all staff members who are responsible for implementing the IEP; each shall be informed of his/her specific responsibilities relating to the IEP and the specific accommodations and modifications and supports to be provided to the student in accordance with the IEP.
     3. The Member District is not required by the IDEA to make FAPE available to a student with a disability that has been convicted as an adult under State law and incarcerated in an adult prison. The IEP team may make modifications to the IEP or placement if the State has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated.

D. Consent for Initial Placement Based upon the IEP
    1. As part of the IEP process, the IEP team must determine the student’s special education placement in the least restrictive environment.
     2. Written parental consent is required at least 10 days prior to the initiation of the recommended placement. Parent(s)/guardian(s) to waive the 10-calendar-day interval before placement. 

E. Review and Revision of the IEP
     1. The IEP of each student with a disability currently receiving special education and related services must be reviewed and revised (as appropriate) at least annually. 
     2. MVSEA or its Member Districts must reconvene an IEP meeting upon notice that transition services described in the IEP are not being implemented as proposed to identify alternative strategies to meet the transition objectives set forth in the IEP.
     3. A student’s teacher or parent(s)/guardian(s) may request a review of the student’s IEP at any time. Within 10 days after receipt of such request, MVSEA or its Member Districts will either agree and notify the parent(s)/ guardian(s) of the meeting, or notify the parent(s)/guardian(s) in writing of its refusal to meet. Notice of a refusal will include an explanation of the reason no meeting is necessary to ensure a FAPE to the student.

F. Transfer Students
    1. If a student receiving special education transfers into a Member District, the Member District will ensure FAPE by providing special education and related services in conformity with the student’s IEP. 

         a. The Member District shall immediately enroll and initiate education services. 
         b. The Member District may adopt the former school district’s IEP. Such adoption does not require an IEP meeting if a copy of the current IEP is available, the parent(s)/guardian(s) indicate satisfaction with the current IEP, and the Member District determines that the current IEP is appropriate and can be implemented as written. 
         c. If the Member District cannot fully implement an IEP from the student’s former school district, the receiving Member District shall note in the IEP the services to be provided and shall explain what is being done to secure the remaining services, resources, or other unfulfilled portions of the IEP and how long those actions are expected to take. 
        d. The Member District may develop a new IEP for the student if the Member District or the parent(s)/guardian(s) do not believe the current IEP is appropriate. In such a case, the Member District shall, within ten days after the date of the student’s enrollment, initiate an IEP meeting for the purpose of developing the new IEP. While the new IEP is under development, the Member District shall implement the IEP from the former school district to the extent appropriate. 

     2. If the Member District does not receive a copy of the transfer student's IEP or verbal confirmation of requirements of the IEP from the former school district, the student will be enrolled and served in the setting that the Member District believes will meet the student’s needs until the current IEP is obtained or a new IEP is developed.


LEGAL REF.: 
 
20 U.S.C. 1400(c), 1412(a)(4), 1414(d).

34 C.F.R. 300.128, 300.340-350 (individualized education programs); 300.137 (performance goals and indicators); 300.138 (participation in assessments); 300.139 (reports relating to assessments), 105 ILCS 5/2-3.64, 5/14-8.02 23 Ill. Admin. Code 226.200 (general requirements), 226.210 (IEP team), 226.220 (factors in the development of the IEP), 226.230 (content of the IEP), 226.240 (determination of placement), 226.250 (child aged 3 through 5), 226.260 (child reaching age 3), 226.300 (continuum of placement options), 226.310 (related services), 226.320 (service to students living in residential care facilities), 226.330 (placement by school district in state-operated or nonpublic special education facilities), 226.530 (parents’ participation). 

23 Ill. Admin. Code 226 (special education).

 

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