Code:  IGBAF

Readopted:  2/26/18

Adopted:  11/13/12

Orig. Code(s): IGBAF

An individualized education program (IEP) shall be developed and implemented for each student with disabilities in the district kindergarten through 21, including those who attend a public charter school located in the district, are placed in or referred to a private school or facility by the district or who receive related services from the district.  The district is responsible for initiating and conducting the meetings to develop, review and revise the IEP of a student with disabilities.  The district will ensure that one or both parents or the adult student are present at each meeting or are afforded the opportunity to participate and are given a copy of the IEP.  A parent or adult student[1] concerns will be noted in the minutes of the IEP meeting.  A meeting to develop an IEP shall be held within 30 calendar days of a determination that the student needs special education and related services, at least once every 365 days thereafter, and when considering a change in the IEP or placement.

If a student is to be referred to or placed in a private school or facility or attends a private or parochial school, the district will request that a representative of the private school or facility attend the IEP meeting.

END OF POLICY

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ORS 343.151
ORS 343.155
OAR 581-015-2000
OAR 581-015-2190
OAR 581-015-2195
OAR 581-015-2200
OAR 581-015-2205
OAR 581-015-2210
OAR 581-015-2215
OAR 581-015-2220
OAR 581-015-2225
OAR 581-015-2230
OAR 581-015-2235
OAR 581-015-2055
OAR 581-015-2600
OAR 581-015-2065
OAR 581-015-2265

Assistance to States for the Education of Children with Disabilities, 34 C.F.R. §§ 300.5-300.6,  300.22-300.24, 300.34, 300.43, 300.105-106, 300.112, 320.325, 300.328, 300.501 (2012).

^[1]A student that is 18 years of age or older

 

Code:   IGBAF-AR

Revised/Readopted:  2/3/20, 3/4/08

 

1.  General IEP Information

a.  The district ensures that an IEP is in effect for each eligible student:

(1) Before special education and related services are provided to a student;

(2) At the beginning of each school year for each student with a disability for whom the
      district is responsible; and

(3) Before the district implements all the special education and related services, including
      program modifications, supports and/or supplementary aids and services, as identified
      on the IEP.

b.  The district uses:

(1)  The Oregon standard IEP; or

(2)   An IEP form that has been approved by the Oregon Department of Education.

c.  The district develops and implements all provisions of the IEP as soon as possible following
     the IEP meeting.

d.  The IEP will be accessible to each of the student’s regular education teacher(s), the student’s
      special education teacher(s) and the student’s related services provider(s) and other service
      provider(s).

e.  The district takes steps to ensure that parent(s) are present at each IEP meeting or have the
     opportunity to participate through other means.

          f.  The district ensures that each teacher and service provider is informed of:

(1)  Their specific responsibilities for implementing the IEP specific accommodations,
       modifications and/or supports that must be provided for, or on behalf of the student; and

(2)   Their responsibility to fully implement the IEP including any amendments the district
       and parents agreed to make between annual reviews.

The district takes whatever action is necessary to ensure that parents understand the proceedings of the IEP team meeting, including arranging for an interpreter for parents with deafness or whose native language is other than English.

g.  The district provides a copy of the IEP to the parents at no cost.

2.  IEP Meetings

a.  The district conducts IEP meetings within 30 calendar days of the determination that the
     student is eligible for special education and related services.

b.   The district convenes IEP meetings for each eligible student periodically, but not less
      than once per year.

c.   At IEP meetings, the team reviews and revises the IEP to address any lack of expected
      progress toward annual goals and in the general curriculum, new evaluation data or new
      information from the parent(s), the student’s anticipated needs, or the need to address
      other matters.

d.   Between annual IEP meetings, the district and the parent(s) may amend or modify the
      student’s current IEP without convening an IEP team meeting using the procedures in the
      Agreement to Amend or Modify IEP subsection.

e.  When the parent(s) requests a meeting, the district will either schedule a meeting within a
     reasonable time or provide timely written prior notice of the district’s refusal to hold a meeting.

f.    If an agency other than the district fails to provide agreed upon transition services contained
      in the IEP, the district convenes an IEP meeting to plan alternative strategies to meet the
      transition objectives and, if necessary, to revise the IEP.

3.  IEP Team Members

a.  The district’s IEP team members include the following:

(1)  The student’s parent(s);

(2)   The student, if the purpose of the IEP meeting is to consider the student’s
        postsecondary goals and transition services (beginning for IEPs in effect at age 16),
        or for younger students, when appropriate;

(3)   At least one of the student’s special education teachers or, if appropriate, at least one
       of the student’s special education providers;

(4)  At least one of the student’s regular education teachers if the student is or may be
       participating in the regular education environment. If the student has more than one
       regular education teacher, the district will determine which teacher or teachers will
       participate;

(5)   A representative of the district (who may also be another member of the team) who is
       qualified to provide or supervise the provision of special education and is
       knowledgeable about district resources. The representative of the district will have
       the authority to commit district resources and be able to ensure that all services
       identified in the IEP can be delivered;

(6)   An individual, who may also be another member of the team, who can interpret the
       instructional implications of the evaluation results; and

(7)  At the discretion of the parent or district, other persons who have knowledge or special
      expertise regarding the student.

b.  Student participation:

(1)  Whenever appropriate, the student with a disability is a member of the team.

(2)   If the purpose of the IEP meeting includes consideration of postsecondary goals and
       transition services for the student, the district includes the student in the IEP team
       meeting.

(3)  If the purpose of the IEP meeting includes consideration of postsecondary goals and
      transition services for the student, and the student does not attend the meeting, the
      district will take other steps to consider the student’s preferences and interests in
      developing the IEP.

c.  Participation by other agencies:

(1)  With parent or adult student written consent, and where appropriate, the district invites
       a representative of any other agency that is likely to be responsible for providing or
       paying for transition services if the purpose of the IEP meeting includes the
       consideration of transition services (beginning at age 16, or younger if appropriate); and

(2) If the district refers or places a student in an education service district, state-operated
      program, private school or other educational program, IEP team membership includes
      a representative from the appropriate agencies. Participation may consist of attending
      the meeting, conference call or participating through other means.

4.  Agreement for Nonattendance and Excusal

a.  The district and the parent may consent to excuse an IEP team member from attending an
     IEP meeting, in whole or in part, when the meeting involves a discussion or modification of
     team member’s area of curriculum or service. The district designates specific individuals to
     authorize excusal of IEP team members.

b.  If excusing an IEP team member whose area is to be discussed at an IEP meeting, the
     district ensures:

(1)  The parent and the district consent in writing to the excusal;

(2)  The team member submits written input to the parents and other members of the
       IEP team before the meeting; and

(3)   The parent is informed of all information related to the excusal in the parent’s
       native language or other mode of communication according to consent requirements.

5.   IEP Content

a.  In developing the IEP, the district considers the student’s strengths, the parent’s concerns,
     the results of the initial or most recent evaluation, and the academic, developmental and
     functional needs of the student.

b.  The district ensures that IEPs for each eligible student includes:

(1)  A statement of the student’s present levels of academic achievement and functional
      performance that:

(a)  Includes a description of how the disability affects the progress and involvement
       in the general education curriculum;

(b)  Describes the results of any evaluations conducted, including functional and
      developmental information;

(c)  Is written in language that is understood by all IEP team members, including
       parents;

(d)  Is clearly linked to each annual goal statement;

(e)  Includes a description of benchmarks or short term objectives for children with
      disabilities who take alternative assessments aligned to alternate achievement
      standards.

(2)  A statement of measurable annual goals, including academic and functional goals,
      or for students whose performance is measured by alternate assessments aligned to
      alternate achievement standard, statements of measurable goals and short term
      objectives. The goals and, if appropriate, objectives:

(a)  Meet the student’s needs that are present because of the disability, or because
      of behavior that interferes with the student’s ability to learn, or impedes the
      learning of other students;

(b)  Enable the student to be involved in and progress in the general curriculum,
      as appropriate; and

(c)  Clearly describe the anticipated outcomes, including intermediate steps, if
      appropriate, that serve as a measure of progress toward the goal.

(3)  A statement of the special education services, related services, supplementary aids
       and services that the district provides to the student:

(a)  The district bases special education and related services, modifications and
       supports on peer-reviewed research to the extent practicable to assist students
       in advancing toward goals, progressing in the general curriculum and
       participating with other students (including those without disabilities), in
       academic, nonacademic and extracurricular activities.

(b)  Each statement of special education services, related or supplementary services,
      aids, modifications or supports includes a description of the inclusive dates,
      amount or frequency, location and who is responsible for implementation.

(4)  A statement of the extent, if any, to which the student will not participate with
      non-disabled students in regular academic, nonacademic and extracurricular activities.

(5) A statement of any individual modifications and accommodations in the administration
     of state or districtwide assessments of student achievement.

(a) A student will not be exempt from participation in state or districtwide assessment
      because of a disability unless the parent requests an exemption;

(b) If the IEP team determines that the student will take the alternate assessment
      instead of the regular statewide or a districtwide assessment, a statement of
      why the student cannot participate in the regular assessment and why the
      alternate assessment is appropriate for the student.

(6)  A statement describing how the district will measure student’s progress toward
       completion of the annual goals and when periodic reports on the student’s progress
       toward the annual goals will be provided.

6.  Agreement to Amend or Modify IEP

Between annual IEP meetings, the district and the parent may agree to make changes in the student’s current IEP without holding an IEP meeting. These changes require a signed, written agreement between the district and the parent.

a.  The district and the parent record any amendments, revisions or modifications on the
      student’s current IEP. If additional IEP pages are required these pages must be attached
      to the existing IEP.

b.  The district files a complete copy of the IEP with the student’s education records and
      informs the student’s IEP team and any teachers or service providers of the changes.

c.   The district provides the parent prior written notice of any changes in the IEP and upon
      request, provides the parent with a revised copy of the IEP with the changes incorporated.

7.   IEP Team Considerations and Special Factors

a.   In developing, reviewing and revising the IEP, the IEP team considers:

(1)  The strengths of the student and concerns of the parent for enhancing the education
       of the student;

(2)   The results of the initial or most recent evaluation of the student;

(3)   As appropriate, the results of the student’s performance on any general state or
       districtwide assessments;

(4)   The academic, developmental and functional needs of the child.

b.  In developing, reviewing and revising the student’s IEP, the IEP team considers the following
     special factors:

(1)   The communication needs of the student; and

(2)    The need for assistive technology services and/or devices.

c.   As appropriate, the IEP team also considers the following special factors:

(1)  For a student whose behavior impedes his or her learning or that of others, strategies,
      positive behavioral intervention and supports to address that behavior;

(2)  For a student with limited English proficiency, the language needs of the student as
      those needs relate to the IEP;

(3)  For a student who is blind or visually impaired, instruction in Braille and the use of
      Braille unless the IEP team determines (after an evaluation of reading and writing
      skills, needs and media, including evaluation of future needs for instruction in Braille or
      the use of Braille, appropriate reading and writing), that instruction in Braille or the
      use of Braille is not appropriate;

(4)  For a student who is deaf or hard of hearing, the student’s language and communication
       needs, including opportunities for direct communication with peers and professional
       personnel 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; and

(5)  A statement of any device or service needed for the student to receive a free
      appropriate public education (FAPE).

d.  In addition to the above IEP contents, the IEP for each eligible student of transition age
     includes:

(1)  Beginning not later than the IEP in effect when the student turns 16, or younger if
      determined appropriate by the IEP team, and updated annually thereafter, the
      IEP must include:

(a)  Appropriate measurable postsecondary goals based upon age appropriate
       transition assessments related to training education, employment, and where
       appropriate, independent living skills; and

(b)  The transition services (including courses of study) needed to assist the
       student in reaching those goals.

(2)  At least one year before a student reaches the age of majority (student reaches the
      age of 18, or has married or been emancipated, whichever occurs first), a statement
      that the district has informed the student that all procedural rights will transfer at the
      age of majority; and

(3)  If identified transition service providers, other than the district, fail to provide any of
       the services identified on the IEP, the district will initiate an IEP meeting as soon as
       possible to address alternative strategies and revise the IEP if necessary.

8.  Incarcerated Youth

a.   For students with disabilities who are convicted as adults, incarcerated in adult correctional
      facilities and otherwise entitled to FAPE, the following IEP requirements do not apply:

(1)  Participation of students with disabilities in state and districtwide assessment; and

(2)  Transition planning and transition services, for students whose eligibility will end
       because of their age before they will be eligible to be released from an adult
       correctional facility based on consideration of their sentence and eligibility for early
       release.

b.  The IEP team may modify the student’s IEP, if the state has demonstrated a bona fide
      security or other compelling interest that cannot be otherwise accommodated.

9.  Extended School Year Services

a.  The district makes extended school year (ESY) services available to all students for whom
     the IEP team has determined that such services are necessary to provide FAPE.

b.   ESY services are:

(1) Provided to a student with a disability in addition to the services provided during the
      typical school year;

(2)  Identified in the student’s IEP; and

(3)  Provided at no cost to the parent.

c.  The district does not limit consideration of ESY services to particular categories of disability
      or unilaterally limit the type, amount or duration of service.

d.  The district provides ESY services to maintain the student’s skills or behavior, but not to
      teach new skills or behaviors.

e.  The district’s criteria for determining the need for extended school year services include:

(1) Regression (a significant loss of skills or behaviors) and recoupment time based on
      documented evidence; or

(2) If no documented evidence, on predictions according to the professional judgment
      of the team.

f.  “Regression” means significant loss of skills or behaviors in any area specified on the IEP
     as a result of an interruption in education services.

g.  “Recoupment” means the recovery of skills or behaviors specified on the IEP to a level
     demonstrated before the interruption of education services.

10.  Assistive Technology

a.  The district ensures that assistive technology devices or assistive technology services, or
      both, are made available if they are identified as part of the student’s IEP. These services
      and/or devices may be part of the student’s special education, related services or
      supplementary aids and services.

b.  On a case-by-case basis, the district permits the use of district-purchased assistive technology
     devices in the student’s home or in other settings if the student’s IEP team determines that
     the student needs access to those devices to receive a free appropriate public education. In
     these situations, district policy will govern liability and transfer of the device when the student
     ceases to attend the district.

11. Transfer Students

a.  In state:

If a student with a disability (who had an IEP that was in effect in a previous district in Oregon) transfers into the district and enrolls in a district school within the same school year, the district (in consultation with the student’s parents) provides a free appropriate public education to the student (including services comparable to those described in the student’s IEP from the previous district), until the district either:

(1)  Adopts the student’s IEP from the previous district; or

(2)  Develops, adopts and implements a new IEP for the student in accordance with all
       of the IEP provisions.

b.   Out of state:

If a student transfers into the district with a current IEP from a district in another state, the district, in consultation with the student’s parents, will provide a free appropriate public education to the student, including services comparable to those described in the student’s IEP from the previous district, until the district:

(1)  Conducts an initial evaluation (if determined necessary by the district to determine
      Oregon eligibility) with parent consent and determines whether the student meets
      eligibility criteria described in Oregon Administrative Rules.

(2)  If the student is eligible under Oregon criteria, the district develops, adopts and
       implements a new IEP for the student using the Oregon Standard IEP or an
       approved alternate IEP.

(3) If the student does not meet Oregon eligibility criteria, the district provides prior written
      notice to parents explaining that the student does not meet Oregon eligibility criteria
      and specifying the date when special education services will be terminated.