Chapter 7.3: IEP Planning Process

    State Performance Plan (SPP):

    (See Overview in the Introduction for more information on the SPP.)

    SPP 8:
    Parent involvement:
    Percent of parents with a child receiving special education services will report that schools facilitated parent involvement as a means of improving services and results for children with disabilities. (20.U.S.C. 1416 (a)(3)(A))

    Intent:

    To assure that the development of the individualized education program (IEP) follows all requirements set forth by law, regardless of whether the child with a disability transferred from another school within the school district (LEA), transferred from another school district within the state or transferred from a school district in a different state.

    Timelines:

    • An IEP meeting must be held annually.
    • At the beginning of each school year, each school district must have an IEP in effect for each child with a disability within its jurisdiction.
    • An IEP must be in effect at the beginning of each school year and be implemented as soon as possible following the annual IEP meeting.
    • The initial IEP must be developed within whichever of the following time periods is the shortest:
      1. Within 30 calendar days of the determination that the child needs special education and related services;
      2. Within 90 calendar days of receiving parental consent for an evaluation; or
      3. Within 120 calendar days of the receiving parent or school district request for an evaluation. (See Procedural Safeguards - 5.3 Parental Consent for Evaluation and Evaluation and Evaluation - 6.2 Request and Referral for Initial Evaluation).

    Parents must be notified of the annual IEP meeting early enough to ensure that one or both of the parents have an opportunity to attend.

    REQUIREMENT

    3301-51-07
    (D) Children in other districts or agencies

    (1) The school district of residence is responsible for ensuring that an IEP is developed and implemented for each child with a disability residing in the school district. When providing special education services for a child with a disability in another school district, county board of MR/DD, or other educational agency, the school district of residence must follow the same procedural safeguards as it does for all children with disabilities and have on file a copy of the current evaluation team report and the IEP.
    (2) Each school district will cooperate with other districts, county boards of MR/DD, and other educational agencies that serve children with disabilities in institutions or other care facilities to ensure that these children have access to an education in a regular public school setting, when appropriate, and as specified in the IEP.

    3301-51-07
    (J) Parent participation
    (1) School district responsibility
    Each school district must take steps to ensure that one or both of the parents of a child with a disability are present at each IEP team meeting or are afforded the opportunity to participate, including:

    (a) Notifying the parents of the meeting early enough to ensure that they will have an opportunity to attend; and
    (b) Scheduling the meeting at a mutually-agreed upon time and place.

    (2) Information provided to parents

    (a) The notice required under paragraph (J0(1)(a) of this rule must:
    (i) Indicate the purpose, time, and location of the meeting and who will be in attendance; and
    (ii) Inform the parents of the provisions in paragraphs (I)(1)(f) and (I)(3) of this rule (relating to the participation of other individuals on the IEP team who have knowledge or special expertise about the child), and paragraph (I)(6) of this rule (relating to the participation of the Part C service coordinator or other representatives of the Part C system at the initial IEP team meeting for a child previously served under Part C of the IDEA) .
    (b) For a child with a disability, beginning not later than the first IEP to be in effect when the child turns fourteen, or younger if determined appropriate by the IEP team, the notice also must:
    (i) Indicate that a purpose of the meeting will be the development of a statement of the transition needs of the child, and
    (ii) Indicate that the school district will invite the child;
    (c) For a child with a disability, beginning not later than the first IEP to be in effect when the child turns sixteen, or younger if determined appropriate by the IEP team, the notice also must:
    (i) Indicate:
    (a) That a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the child, in accordance with paragraph (H)(2)(b) of this rule; and
    (b) That the school district will invite the child, and
    (ii) Identify any other agency that will be invited to send a representative.

    3301-51-07
    (K) When IEPs must be in effect
    (1) General
    By the child’s 3rd birthday and at the beginning of each subsequent school year, each school district must have in effect, for each child with a disability within its jurisdiction, an IEP, as defined in paragraph (H) of this rule. The IEP shall be implemented as soon as possible following the IEP meeting.

    3301-51-07
    (L Development, review, and revision of IEP)
    (1) Development of IEP
    (a) General
    In developing each child’s IEP, the IEP team must consider:

    (i) The strengths of the child;
    (ii) The concerns of the parents for enhancing the education of their child;
    (iii) The results of the initial or most recent evaluation of the child;
    (iv) The results of the child’s performance on any state or districtwide assessment programs, as appropriate; and
    (v) The academic, developmental, and functional needs of the child.

    (e)Consolidation of IEP team meetings
    To the extent possible, the school district must encourage the consolidation of reevaluation meetings for the child and other IEP team meetings for the child.

    3301-51-05
    (F) Opportunity to examine records; parent participation in meetings
    (2) Parent participation in meetings

    (a) The parents of a child with a disability must be afforded an opportunity to participate in meetings with respect to:
    (i) The identification, evaluation, and educational placement of the child; and
    (ii) The provision of FAPE to the child.
    (b) Each school district must provide notice consistent with the parent participation requirements of rule 3301-51-07 of the Administrative Code to ensure that parents of children with disabilities have the opportunity to participate in meetings described in paragraph (F)(2)(a) of this rule.

    GUIDANCE

    What should be done before the initial and annual IEP meeting?

    Prepare for and arrange the meeting

    To prepare for the IEP meeting, the IEP team should:

    • Gather child information
      • For an initial IEP, include: evaluation team report (ETR); evaluation data; work samples; informal and formal assessment data; results from state and district-wide achievement testing; and parents' concerns for enhancing the education of their child. Coordinate with the school psychologist and, if possible, arrange to conduct the evaluation meeting at the same time as the IEP.
      • For an annual review, include: work samples; informal and formal assessment data; observation data; current IEP and progress notes; ETR; results from state and district-wide achievement tests; and parents' concerns for enhancing the education of their child.
    • Contact participants, including district representative and school and other agency personnel, to ascertain their availability on several possible dates;
    • For children whose district of residence is different from the district of service, a representative of the district of residence must be invited to attend all meetings. A representative of the district of residence is encouraged to participate (in person, by phone, or by conference call or other means) because the district of residence has the ultimate responsibility for the IEP;
    • Contact the parents and child, if appropriate, to determine a mutually-agreed-upon time and date;
      • Evenings and weekends are included as part of the time that must be considered when a district and parents are attempting to reach a mutually agreed upon time to have an IEP meeting. Although the parties may determine that weekends are not mutually agreeable because the district cannot get staff to attend, this time must be considered. Evenings must be considered, as well as, early mornings before school begins. The meeting time must work for all participants' schedules. Both the parents and the district should be as flexible as they can be when scheduling IEP meetings.
    • If the child is not attending the meeting, talk with him or her regarding interests and preferences;
    • Request appointment of a surrogate parent, if appropriate, (see IEP - 7.2 Identification of IEP Team Members and Their Roles and see Procedural Safeguards - 5.6 Surrogate Parents) and invite the surrogate parent to the meeting;
    • Contact participants early (at least two weeks before the meeting is recommended) to schedule;
    • Arrange for an interpreter or translator, if needed, for deaf or non-English-speaking parents (or child);
    • Ensure the accessibility of the meeting location;
    • The IEP team, including other service providers, collaborates to develop coordinated goals; and
    • Acquire parents' concerns for enhancing the education of their child.

    Send the parents notice

    Rule 3301-51-05(F)(2)(b) and Rule 3301-5107(J)(1)(a) require that once the date, time and location of the meeting are determined, the school district send a Parent Invitation PR-02 form to the parents. This parent notification must include information on:

    • The purpose of the meeting, which may be to:
      • Write an IEP that includes goals and objectives or benchmarks to meet the child’s needs;
      • Review the child’s IEP to determine whether the annual goals for the child are being met;
      • Revise the child’s IEP, as appropriate, to address any lack of expected progress toward the annual goals and in the general curriculum, including the amount or intensity of services or the location in which services will be provided;
      • Discuss transition from early childhood to school-age programs;
      • Determine the need for additional information for reevaluation purposes;
      • Discuss a notice of the transfer of rights from the parents to the child if the child is or will be age 17 before the next annual IEP meeting;
      • Develop a statement of the child's transition-services needs beginning at age 14 or younger, if appropriate, and note that the child will be invited to attend. (See IEP - 7.6 Postsecondary Transition Services);
      • Consider postsecondary goals and transition services for the child when he or she turns 16, or younger, if determined appropriate by the IEP team;
      • Add services to the IEP; or
      • Revise the IEP based on additional evaluation results.
    • The time of the meeting.
    • The location of the IEP meeting.
    • Who will be attending, by position?
      • Identify all school personnel, by position, who will be attending. Individuals who are included on invitation must attend the IEP meeting or be individually excused by the parents in writing if they are required IEP team members. (See IEP - 7.1 General)
      • Identify any other agency that will be invited to send a representative;
      • Both parents and school personnel have the right to invite others to be a part of the IEP team because of their knowledge or special expertise about the child;
      • For a child previously served under Part C, the parents may request the participation of the Part C coordinator or other representatives of the Part C system at the initial IEP meeting.

    Document all attempts to contact the parents to schedule the meeting.

    When attempting to contact parents to schedule the meeting, document every attempt to do so. This documentation should include detailed records and notes, including dates, times and results of attempts made, such as:

    • Telephone calls and the results of these calls;
    • Copies of correspondence sent to the parents and any responses received;
    • Visits to the parents' home or places of employment and the results of those visits; and
    • Face to face meetings and conversations.

    The school district should make three attempts to contact the parents.

    Finalize the meeting date.

    Once the date is agreed upon and parents have agreed to attend:

    • Acquire and file written parental agreement to attend (Parent Invitation PR-02 form);
    • Arrange for a meeting place that is convenient for the child’s parents;
    • Before the meeting, provide the parents (by fax, mail, e-mail, or opportunity to pick-up) a draft IEP, when appropriate, and a reminder of the date and time of the meeting;
    • Before the meeting, make the draft IEP available to other IEP team members.
    • Confirm meeting date with all participants; and
    • Send invitations to team members.

    If the parents cannot attend, discuss the option of the parents participating via a telephone conference or other means or suggest another meeting date.

    REQUIREMENT

    3301-51-07
    (I) IEP team
    (5) IEP team attendance

    (a) A member of the IEP team described in paragraphs (I)(1)(b) to (I)(1)(e) of this rule is not required to attend an IEP team meeting, in whole or in part, if the parent of a child with a disability and the school district agree, in writing, that the attendance of the member is not necessary because the member’s area of the curriculum or related services is not being modified or discussed in the meeting.
    (b) A member of the IEP team described in paragraph (I)(5)(a) of this rule may be excused from attending an IEP meeting, in whole or in part, when the meeting involves a modification to or discussion of the member’s area of the curriculum or related services, if:
    (i) The parent, in writing, and the school district consent to the excusal; and
    (ii) The member submits, in writing, to the parent and the IEP team, input into the development of the IEP prior to the meeting.

    3301-51-07
    (J) Parent participation
    (4) Conducting an IEP team meeting without a parent in attendance
    A meeting may be conducted without a parent in attendance if the school district is unable to convince the parents that they should attend. In this case, the school district must keep a record of its attempts to arrange a mutually agreed on time and place, such as:

    (a) Detailed records of telephone calls made or attempted and the results of those calls;
    (b) Copies of correspondence sent to the parents and any responses received; and
    (c) Detailed records of visits made to the parent’s home or place of employment and the results of those visits.

    GUIDANCE

    Who determines who is required to attend the IEP meeting?

    The school district determines the specific personnel who will fill the roles of the district’s required participants at the IEP team meeting. (See IEP 7.2 - Identification of IEP Team Members and Their Roles)

    The IEP team may also include, at the discretion of the parents or the school district, additional individuals with knowledge or special expertise about the child, including related services personnel as appropriate. The parents or school district may invite any of these individuals to participate on the IEP team.

    The parents determine who they will invite. They may invite a friend or relative who knows the child, a professional with special expertise about the child and his or her disability, or others (such as a vocational educator who has been working with the child) who can talk about the child's strengths and needs.

    When may an IEP team member be excused from attending an IEP meeting?

    Usually a required member of the IEP team must attend an IEP team meeting. However, a required member of the IEP team may be excused from attending all or part of the meeting under these circumstances:

    • If the parents and the school district agree, in writing, that the member’s attendance is not necessary because the member’s area of the curriculum or related services is not being modified or discussed in the meeting.
    • When the meeting does involve a change to or discussion of the member's area of the curriculum or related services under these conditions:
      • The parents and the school district each consent, in writing, to the member being excused; and
      • The IEP team member gives input into the development of the IEP before the meeting. The input must be in writing to both the parents and the IEP team.

    The district representative, a required member of the IEP team, may be excused from the IEP meeting, but ODE/OEC and the Office of Special Education Programs (OSEP) do not recommend this practice. In most instances the district representative is the team member qualified to provide or supervise the provision of specially-designed instruction and commit resources for implementing the child's IEP. The parents and the school district should give careful consideration to the importance of having the district representative attend the IEP meeting before agreeing or consenting to his or her excusal.

    Can a meeting be held if the district cannot convince the parents to attend?

    Every attempt should be made to have the parents attend the IEP team meeting. However, if parents refuse to attend or are unresponsive to notices and invitations sent inviting them to the IEP team meeting:

    • Document all attempts to arrange the meeting, including records of telephone calls made and results; copies of correspondence sent and responses; detailed records of visits made to home or employment; and results of visits and other attempts.
    • Hold the meeting and send the Prior Written Notice to Parents PR-01 form with a copy of the IEP and the procedural safeguards, Whose IDEA Is This? Parental consent is needed for initial IEPs and before a change of placement, unless the change of placement is for disciplinary reasons. (See Discipline - 8.1 General).

    If there is a change of placement or it is an initial IEP, arrangements must be made with the parents to review the IEP and acquire the parents' signatures on the IEP indicating parental consent before the IEP may be implemented.

    What is done if, after agreeing to the IEP meeting date, the parents do not attend?

    If the parents have agreed to the date and time of the meeting and responded in writing that they will attend the meeting but do not come to the meeting and have not requested that it be rescheduled, or if they do not respond to multiple notices (three documented attempts are suggested), the team should attempt to contact the parents by phone or e-mail.

    • If the team reaches the parents, offer the option of a telephone conference;
    • Reschedule the meeting at the parents' request; or
    • If the parents cannot be reached, proceed with the meeting.

    If the parents cannot be reached:

    If there is no change of placement and the IEP is not the initial IEP, send a Prior Written Notice to Parents PR-01 form to the parents with a copy of the IEP, and implement the IEP.

    If there is a change of placement or it is an initial IEP, arrangements must be made with the parents to review the IEP and acquire the parents' signatures on the IEP indicating parental consent before the IEP can be implemented. (See Procedural Safeguards 5.4 - Parental Consent for Services and Change of Placement.)

    REQUIREMENT

    3301-51-07
    (K) When IEPs must be in effect
    (1) General
    By the child’s 3rd birthday and at the beginning of each subsequent school year, each school district must have in effect, for each child with a disability within its jurisdiction, an IEP, as defined in paragraph (H) of this rule. The IEP shall be implemented as soon as possible following the IEP meeting.

    3301-51-07
    (K) When IEPs must be in effect
    (5) IEPs for children who transfer school districts in the same state
    If a child with a disability (who had an IEP that was in effect in a previous school district in the same state) transfers to a new school district of residence in the same state, and enrolls in a new school within the same school year, the new school district of residence (in consultation with the parents) must provide a free and appropriate public education (FAPE) to the child (including services comparable to those described in the child’s IEP from the previous school district of residence), until the new school district of residence either:

    (a) Adopts the child’s IEP from the previous school district of residence, or
    (b) Develops, adopts, and implements a new IEP that meets the applicable requirements in paragraphs (H) to (L) of Rule 3301-51-07.

    (K) When IEPs must be in effect
    (6) IEPs for children who transfer from another state
    If a child with a disability (who had an IEP that was in effect in a previous school district in another state) transfers to a new school district of residence (in consultation with the parents) must provide the child with FAPE (including services comparable to those described in the child’s IEP from the previous school district of residence), until the new school district of residence:

    (a) Conducts an evaluation pursuant to paragraphs (E) to (G) of rule 3301-51-06 of the Administrative Code (if determined to be necessary by the new school district of residence); and
    (b) Develops, adopts, and implements a new IEP, if appropriate, that meets the applicable requirements in paragraphs (H) to (L) of this rule.

    GUIDANCE

    What does the district do when children with ETRs/IEPs move into the district?

    If a child with a disability who had an IEP in effect in a previous out-of-state school district transfers to an Ohio school district of residence, the Ohio school district of residence (in consultation with the parents) must provide the child with FAPE (including services comparable to those described in the child’s IEP from the previous school district of residence), until it:

    • Conducts an evaluation pursuant to paragraphs (E) to (G) of rule 3301-51-06 of the Administrative Code (if determined to be necessary by the new school district of residence); and
    • Develops, adopts, and implements a new IEP, if appropriate, that meets the applicable requirements in paragraphs (H) to (L) of Rule 3301-51-07.

    If the district determines that a new evaluation is necessary, the evaluation is considered an initial evaluation and will require parental consent.

    If the district has concerns about an ETR for a child from another district in state, the IEP team should refer the child for additional evaluation. This would be considered a reevaluation.

    In all cases the district of residence (in consultation with the parents) must provide FAPE to the child, including services comparable to those described in the current IEP, until the current IEP is adopted or a new IEP developed.

     

Last Modified: 7/11/2013 4:30:09 PM