IEP/IFSP

IEP/IFSP Planning Standards
Individualized education program (IEP) planning and individualized family service plan (IFSP) planning are the processes of determining a pupil's educational needs, based on assessment data, and completing a written IEP plan or IFSP.
Children and youth with disabilities and who are eligible for special education services based on an appropriate individual assessment shall have access to free appropriate public education, as that term is defined by applicable law. (M. R. 3525.0300)
To the maximum extent appropriate, children with disabilities shall be educated with children who do not have disabilities and shall attend regular classes. A person with disabilities shall be removed from a regular educational program only when the nature or severity of the disability is such that education in a regular educational program with the use of supplementary aids and services cannot be accomplished satisfactorily. Furthermore, there must be an indication that the pupil will be better served outside of the regular program. The needs of the pupil shall determine the type and amount of the services needed. (M. R. 3525.0400)
Click here for Directions for the Minnesota State Recommended Due Process Forms.
Key Topics: IEP Team Members Conditional Behavioral Intervention IEP Content Interim IEP Transfer Student Procedure Extended School Year Braille Instruction Secondary Transition Conservatorship & Guardianship High School Diploma Graduation Requirements Graduation Standards Alternative Assessment Behavioral Interventions Significant Change Progress Review Annual Review IFSP Meetings Parent Consent for IFSP IFSP Timelines IFSP Periodic Review Interim IFSP Early Childhood Transition Reinstatement of Special Education Services4.1 IEP Team
IEP Team Meeting
Within 30 calendar days after the eligibility determination, and annually thereafter, an IEP/IFSP meeting must be held. The IEP/IFSP manager shall contact the parent to arrange a mutually agreeable time and place for the meeting. Formal written notice must be sent to the parents prior to the meeting utilizing the Notice of a Team Meeting form. Because every effort must be made to include parents in all aspects of their child's program, it may be the most time efficient to call the parents before sending the meeting notice to confirm a mutually convenient meeting date. If you have contacted the parents by phone and they agree to meet with less than 10 days notice, document this on the Notice of A Team Meeting form. If neither parent can attend the IEP meeting, the team may involve parents through the use of individual or conference telephone calls or any other means agreeable to the parent.
NOTE: When parents choose not to attend an IEP meeting, the IEP Manager must document attempts to arrange a mutually agreeable meeting time through use of contact logs, telephone calls made or attempted and the results of those calls, copies of correspondence and any responses received, and/or records of visits made to the parent’s home or place of employment and the results of those visits. (TSES 4.6.2C)
4.1.2 IEP Manage
The district shall assign a teacher or licensed related service staff who is a member of the pupil's IEP team as the pupil's IEP manager to coordinate the instruction and related services for the pupil. The IEP manager's responsibility shall be to coordinate the delivery of special education services in the pupil's IEP and to serve as the primary contact for the parent. The district may assign the following responsibilities to the pupil's EP manager: assuring compliance with procedural requirements; communicating and coordinating among home, school, and other agencies; regular and special education programs; facilitating placement; and scheduling team meetings. Minn. R. 3535.0550
4.1.3 IEP Team Members
The district shall designate a team of persons responsible for determining the IEP and authorizing expenditures to implement the IEP of pupils from kindergarten through age 21. The IEP team shall be composed of:
1. One or both of the learner’s parents (includes a legal guardian or surrogate parent);
NOTE: Parents whose rights have not been terminated but who have not been granted legal custody have the right of access to and to receive copies of important school records and the right to be informed about the pupil’s welfare, educational progress, and status and to attend school and parent-teacher conferences unless otherwise ordered by a court. The school need not hold a separate conference for each parent.
2. At least one special education teacher, or where appropriate, at least one special education provider;
3. At least one general education teacher (if the child is, or may be participating in the general education environment). The team shall include a teacher or other representative of the general education program where the pupil is enrolled or expected to enroll;
NOTE: For pupils ages 3 to 7 who are served through ECSE programs, a regular education teacher is not required.
4. The pupil, if appropriate. In cases when transition needs are being considered, the pupil must be invited to the meeting. If the pupil fails to attend, the district must implement procedures to determine the pupil’s preferences;
5. A representative of the district, other than the pupil’s teacher, who is qualified to provide or supervise the provision of special education services. If the pupil is receiving special education services outside the resident district, an administrator or designee from the resident district must be invited to the meeting. If the representative from the resident district cannot attend, the providing district may use other methods to ensure participation, such as individual or conference telephone calls. The resident district may appoint a member of the providing district as its administrative designee. If a member of the providing district is appointed as designee, that appointment must be clearly indicated on the IEP; and
6. Others at the discretion of the parents or district. For pupils who require more involved services or accommodations, it is strongly suggested that a district administrator be invited to the meeting.
Team Membership Under Special Situations:
Initial Evaluation
For initial evaluations, at least one member of the assessment team or a person knowledgeable of the evaluation procedures used and the results.
Multidisability Team
For a pupil who is provided instruction by a multi-disability team, the team member licensed in the pupil’s disability shall be responsible for participating at team meetings.
Student Enrolled in a Private School
Before a district places a child with a disability in, or refers a child to, a private school or facility, the district shall initiate and conduct a meeting to develop an IEP for the child. When a child with a disability is enrolled in a parochial or other private school and receives special education or related services from a public school, a representative of the private school must be invited to each meeting. If the representative cannot attend, the district shall use other methods to ensure participation by the private school including individual or conference telephone calls. These other methods should be documented in the pupil's phone log.
Conditional Behavioral Intervention Being Considered
When conditional procedures are being considered, the team shall include one person knowledgeable concerning the ethnic and cultural issues relevant to the pupil’s behavior and education. See EBD for more information.
Transition Services Being Considered
If the purpose of the meeting is the consideration of transition services for a student, the district shall invite the student and a representative of any agency that is likely to be responsible for providing or paying for transition services. This would generally be a representative from county social services and/or Department of Rehabilitative Services.
If the student does not attend, the district shall take other steps to ensure that the student's preferences and interests are considered. It is strongly advised that the student should be encouraged and prepared so that the importance of attendance at the meeting is understood by the student.
If an agency invited to send a representative to a meeting does not do so, the district shall take other steps to obtain the participation of the other agency in the planning of any transition services. If the case manager is uncertain as to what steps to take, the director or assistant director of special education should be contacted.
To appropriately assess and plan for a pupil's secondary transition, additional IEP team members may be necessary and may include vocational education staff members and other community agency representatives as appropriate.
Coordination of Interagency Services
If at the time of initial referral for an educational assessment, or a reassessment, the school district determines that a child with disabilities who is age 3 through 21 may be eligible for interagency services, the district may request that the county of residence provide a representative to the initial assessment or reassessment team meeting or the first IEP meeting following assessment or reassessment.
The district may request to have a county representative attend other individual education plan team meetings when it is necessary to facilitate coordination between district and county provided services. Upon request from the district, the resident county shall provide a representative to assist the individual education plan team in determining the child's eligibility for existing health, mental health, or other support services administered or provided by the county. (M.S.125A.10)
4.2 IEP Content
The student's needs and the special education instruction and services to be provided shall be agreed on through the development of an individual education plan. The IEP team shall:
1. Review the parental rights.
2. Describe how the student's disability affects involvement and progress in the K-12 general curriculum. What information does the regular education teacher need in order to work with this student. For students using Braille, including how Braille will be implemented through integration with other classroom activities. For preschool children or students age 18 to 22 describe how the disability affects participation in appropriate activities.
3. Discuss the learner’s current levels of performance in the areas of presenting problems. Statements of present level of educational performance are concise, meaningful, and identify educational strengths and needs. Describe the student's functional level, both behaviorally and academically, in the school setting. If this is an initial placement or three-year re-evaluation, the student's present level of performance is in the Assessment Summary Report and does not need to be restated. In describing the student's behavior and ability, you may include assessment results, behavioral observation data, previous learning history, relationship of behavior to learning, preferred learning style, interpersonal relationships, status of skill in prior IEP objectives, information obtained from parents and pupil regarding needs, preferences and interests, and impact of health/physical status on learning.
4. Describe the learner-based special education instructional needs. The needs must be reflected in the present levels of performance on the IEP. Instructional needs refer to skill, functions, or outcomes related specifically to the pupil- not statements about specific special education services, teaching strategies, or prescriptions for therapy. For students who are blind, there is a presumption that proficiency in Braille reading and writing is essential for the student to achieve satisfactory educational progress. The IEP team must determine whether the student’s visual impairment does or does not affect reading and writing performance commensurate with ability. For more information see Eligibility Criteria -Visual Impairment.
5. Identify one or more annual instructional goals for each identified educational need. These goals must be generated by the learner’s needs and reflect those needs. The goal statements must describe what a child with a disability can reasonably be expected to accomplish within a twelve month period. For learners beginning at grade nine or age 14, use the Transition Program Planning pages to address the learner’s needs for transition from secondary services to postsecondary education and training, employment and community living.
6. Identify two or more instructional objectives for each annual goal, including the criteria for attainment. If the student is being graded by a method other than the standard grading system, write the specific grading system that will be used in modifications and adaptations section of the IEP.
7. Describe the special education and related services needed to accomplish the goals and objectives. A statement justifying the need for the related services must be documented on the IEP. Describe the pupil’s need for and the specific responsibilities of a paraprofessional.
8. Attach documentation of the Profiles of Learning and as appropriate, address Minnesota Statewide Testing/Basic Standards Testing.
9. Describe the changes in staffing, transportation, facilities, curriculum, methods, materials, equipment and general education that will be made to permit successful accommodation and education of the learner in the least restrictive environment.
10. If the student will turn 17 years of age during the IEP year, document that the student has been informed of the rights which transfer upon reaching the age of majority (18) unless a legal guardian or conservator has been appointed.
11. Determine the learner’s need for extended school year services.
After reviewing the proposed IEP/IFSP with the parents, have the parents sign Notice of Proposed Special Education Services either at the time of the meeting, if they are comfortable with the plan, or send it home with them to review and return. The parents’ signatures are required by law prior to initiating the original IEP. On subsequent IEP's documentation is require of attempts made to obtain parent signature.
Placement in Special Education
The district must obtain signed parental consent prior to the initial placement of a learner into special education. The IEP manager is responsible for obtaining signed parental consent prior to initial placement, and notifying the parent of subsequent significant changes through the use of the Notice of Special Education Services form.
If the parents do not attend the IEP
A meeting may be conducted without the parents in attendance if the district has made multiple efforts to convince the parent to attend. The case manager must have a record of the attempts to arrange a mutually agreed upon time and place such as:
• Detailed records of telephone calls made or attempted and the results of those calls;
• Copies of correspondence sent to the parent and any responses received; and
• Detailed records of visits made to the parent's home or place of employment and the results of those visits.
Send the Notice of Special Education Services, Parent Rights and Procedural Safeguards, and the Individual Education Plan to the parents within 10 calendar days of the IEP meeting. If the signed Notice of Special Education Services is not returned within 10 school days of the IEP meeting and it is not the initial IEP, proceed with the program.
4.2.4 IEP Services
Interim IEP
An interim IEP may be written for a period of no more than 60 school days when the team needs to determine the appropriateness of a placement or to resolve question regarding the content of the IEP including instructional goals and objectives. (M.R. 3525.2900 Subp. 1.F.)
Transfer Student Procedure
When a learner with a disability transfers into a district (i.e., the district of residence changes), the district must respond immediately to the fact that the learner had previously been identified as disabled and has an IEP from another district. The building administrator (or designee) shall assign an IEP manager who will immediately schedule an IEP meeting to address the special education needs of the learner. Additionally, the building administrator (or designee) shall immediately undertake efforts to obtain the complete educational record from the previous district.
Using the Transfer Student Review of Special Education Services form, the IEP team shall review the IEP from the previous district. For students with an active IEP transferring from one Minnesota district to another, the new district:
• May continue serving the student under the existing IEP for an interim period of time. This is considered an interim IEP. The interim IEP must be upgraded to a permanent IEP within 60 calendar days. A Notice of Proposed Special Education Services form must be signed by the parent giving the present district permission to provide special education services
• May convene a new IEP team immediately and develop a new permanent IEP, or the team may use part or all of the assessment data provided by the old district but must collect any new assessment data deemed necessary to identify the student’s needs. A Notice of Proposed Special Education Services form must be signed by the parent giving the present district permission to provide special education services
• May convene a new team immediately which can decide to discontinue services, but may not ignore its procedural obligations to address the student’s service needs. The team may recommend regular education accommodations or a referral for 504 consideration.
Policy on Student Transfers from Another State
The policy on students transferring across state lines is left to the district. Through the use of the Transfer Student Review of Special Education form, the team may decide whether to treat out of state transfers as initial placements or apply the options used for in-state transferees.
A transfer learner’s placement is considered an initial placement for the receiving district. However, reassessment criteria is utilized in determining continued eligibility for special education service . A signed parental permission must be obtained before services begin via use of the of Notice of Special Education Services. When developing an Interim or Annual IEP, all placement options must be considered in meeting the needs of the student.
Extended School Year
Key Topics: When is Extended School Year Service Needed What Extended School Year Service Is Not Criteria for ESY ESY Service ExamplesAs part of the development and content of an annual IEP, the team must discuss ESY needs at each annual IEP and/or periodic review. An Extended School Year (ESY) is not the same as summer school. ESY is a mandatory extension of special education services to learners with a disability over the summer months. Although the specific reason for providing ESY vary from learner to learner, the need arises when it is suspected the learner will suffer a significant loss of a critical academic, behavioral, communication or other skills as a result of a lengthy break in instruction. The district may not limit extended school year services to particular categories of disability or unilaterally limit the type, amount, or duration of those services. The school district will consider an extended school year (ESY) for those learners when it is determined:
1. That the learner will experience "significant regression" in the absence of an educational program; and
2. The time required to relearn the skills lost is excessive; or
3. The effects of the breaks in programming are such to prevent the learner from attaining the state of self-sufficiency that the learner would otherwise reasonably be expected to reach. The amount of service, including a reduction of services, or type of services for summer, must be appropriate to maintain performance in IEP goals. (M.R. 3525.2900)
The amount and type of service for summer must be appropriate to maintain performance on IEP goals. Minn. R. 3525.2900 subp 1 (G)
If the team determines that ESY is appropriate based on the above criteria, then the team needs to determine the amount and type of service for summer that is appropriate to maintain performance on IEP goals. It is the responsibility of the special education service provider to document student progress on IEP goals and objectives on a regular basis throughout the IEP year. The IEP team will determine the specific IEP goals and objectives where skill regression/recoupment or self-sufficiency criteria have been documented or is predicted. Present level of performance at the end of the school year should be preserved and used as a baseline for those student's who may be considered for ESY.
When is Extended School Year Service Needed?
Schools are required to provide extended school year (ESY) services to a pupil if the IEP team determines the services are necessary during a break in instruction in order to provide a free appropriate public education.
Definitions
Level of Performance. Means a pupil's progress toward annual IEP goals immediately prior to a break in instruction as seen in progress measurements. 3525.2810,subp.1,A,9.
Regression. Means a significant decline in the performance of a skill or acquired knowledge, specified in the annual goals as stated in the pupil's IEP, that occurs during a break in instruction.
Recoupment. Means a pupil's ability to regain the performance of a skill or acquired knowledge to approximately the same level of performance just prior to the break in instruction.
Self-Sufficiency. Means the functional skills necessary for a pupil to achieve a reasonable degree of personal independence as typically identified in the annual IEP goals for a pupil requiring a functional curriculum. To attain self sufficiency, a pupil must maintain skills consistent with the pupil's IEP goals in any of these skill areas:
1. basic self-help, including toileting, eating, feeding, and dressing;
2. muscular control;
3. physical mobility;
4. impulse control;
5. personal hygiene;
6. development of stable relationships with peers and adults;
7. basic communication; or
8. functional academic competency, including basic reading and writing skills, concepts of time and money, numerical or temporal relationships.
ESY Criteria
At least annually, the IEP team must determine a pupil is in need of ESY services if the pupil meets the conditions of item A, B, or C.
A. There will be significant regression of a skill or acquired knowledge form the pupil's level of performance on an annual goal that requires more than the length of the break in instruction to recoup unless the IEP team determines a shorter time for recoupment is more appropriate;
B. Services are necessary for the pupil to attain and maintain self-sufficiency because of the critical nature of the skill addressed by an annual goal, the pupil's age and level of development, and the timeliness for teaching the skill; or
C. The IEP team otherwise determines, given the pupil's unique needs, that ESY services are necessary to ensure that pupil receives a free appropriate public education.
Sources of Information for IEP Team Determination
The IEP team must decide the basis for determining whether a pupil is eligible for ESY services using information including:
A. Prior observation of the pupil's regression and recoupment over the summer;
B. Observation of the pupil's tendency to regress over extended breaks in instruction during the school year; and
C. Experience with other pupils with similar instructional needs.
Other Factors to be Considered
In making its determination of ESY needs the IEP team must consider the following factors, where relevant:
A. The pupil's progress and maintenance of skills during the school year.
B. The pupil's degree of impairment;
C. The pupil's rate of progress;
D. The pupil's behavioral or physical problems;
E. The availability of alternative resources;
F. The pupil's ability and need to interact with nondisabled peers;
G. The areas of the pupil's curriculum which need continuous attention; or
H. the pupil's vocational needs.
What Extended School Year Service Is Not:
• An individual decision. Parents or staff alone cannot determine the need for extended year service. The IEP team needs to agree on this issue as on other programming and service issues.
• Respite or day care for families who need or would like those services.
• A continuation of the entire special education services or program as written in the IEP.
• Summer school. Summer school is permissive and meant to remediate, reinforce, or enrich. Extended year service is meant to retain skills to allow for benefit from a "free appropriate public education".
• For only the severely handicapped. Although it is most likely that students with more severe handicaps experience problems with regression, recoupment, or self-sufficiency, other students with handicaps could experience significant programs in these areas also.
• To make up credits for failed classes.
• To be considered for content area classes that are over after the year or semester. For example, students may lose skills learned in a science or health class, but these are not skills that are indicators of basic self-sufficiency.
ESY Service Examples
The following are some examples of possible ESY service provision. They are not all inclusive as each ESY decision must be made based on the individual needs of the child.
• Skill Maintenance Activities- These are written descriptions of activities for parents or other caregivers to provide for the student on a regular basis over the summer break. The activities will be written by the student's school year service providers. Examples might include: parent directed activities to involve the student in when grocery shopping, guidelines for parents to follow when reading to the student, suggestions of community activities and other guidelines for parents to assure necessary skill practice.
• Skill Maintenance Packets/Kits- These are school materials prepared and organized for the parent or caregiver to use on a regular basis over the summer break. The materials will be prepared and directions written by the student's school year service providers. Examples might include: worksheets, flashcards, books, computer software, writing assignments, reading assignments, fine motor activities, and social skill activities.
• Licensed Staff Telephone Consultation-This service would typically be in addition to use of skill maintenance activities and/or packets. A licensed special education teacher would be available for phone consult regarding use of the activities or packets at specifically scheduled intervals throughout the summer break. Licensed staff telephone consultation could be available to the parent, caregiver, or to some community agency or facility working with that student. Examples might include: arrangements made between a parent and a teacher for a regular bi-weekly pone call to review activities, arrangements between the parent and the summer rec. program to have a phone consult with an D/APE teacher on a regular basis, arrangements between the parent and teacher to talk bi-weekly for social skill activity suggestions, arrangements between the parent, daycare provider, and teacher for regular consults regarding social skill and behavior management strategies.
• Licensed Staff In-Person Consultation- This service would involve planned and pre-scheduled consultation sessions provided to parents, caregivers, or a community facility or agency. The teacher would schedule consultation sessions throughout the summer to assist parents and caregivers in providing skill practice opportunities to the student. Examples might include: arrangements for summer rec. staff to schedule consultation with an D/APE teacher when new activities are planned, arrangements between the parent and daycare provider to meet with a licensed teacher on a regular basis to plan and review skill maintenance activities.
• Licensed Staff Direct Skill Maintenance Sessions- This service would require parents and the school year staff to design specific skill practice lessons for the student throughout the summer break. The length of the skill maintenance session times must be based on the minimum of practiced needed to maintain a student's performance level on the specific skills determined eligible for ESY service. This service would typically be in addition to the parent providing regular practice of skills through use of practice activities, packets, or consultation services. Examples might include: arrangements for a teacher to meet with the student in a supervised location to collect data on a students performance level following a practice session. School year service providers will design and provide materials for the practice sessions.
• Other Specific Maintenance Activities As Developed By The IEP Team
Braille Instruction Information
Braille instruction and use are not required if in the course of developing the student's IEP, the team members concur that the student's visual impairment does not affect reading and writing performance commensurate with ability. The team includes a teacher who is licensed to teach learners with visual handicapping conditions and who is knowledgeable about Braille. It also does not require the exclusive use of Braille if other special education services are appropriate to the student's educational needs.
Instruction in Braille reading and writing shall be available for each blind student for whom the multidisciplinary team has determined that reading and writing is appropriate. This instruction must be sufficient to enable the student to communicate effectively and efficiently with the same level of proficiency expected of the student's peers of comparable ability and grade level.
The student's IEP must specify:
• The results obtained from the assessment.
• How Braille will be implemented through integration with other classroom activities.
• The date on which Braille instruction will begin.
• The length of the period of instruction and the frequency and duration of each instructional session.
• The level of competency in Braille reading and writing to be achieved by the end of the period and the objective assessment measures to be used. and
If a decision has been made that Braille instruction or use is not required for the student the team must document:
• that the decision was reached after a review of pertinent literature describing the educational benefits of Braille instruction and use; and
• the specific evidence used to determine that the student's ability to read and write effectively without Braille is not impaired.
4.3 Secondary Transition Planning
Key Topics: Assessment Assessment Strategies Assessment Tools Planning Team Areas to Assess Planning Timeline Community Service Providers Team Considerations Social Security Benefits Conservatorship & GuardianshipThe term transition services means a coordinated set of activities for a student with a disability that:
• are designed within an outcome oriented process, which promotes movement from school to post-school activities. This includes post-secondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation;
• are based upon the individual student's needs, taking into account the student's preferences and interest; and
• include instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and when appropriate, acquisition of daily living skills and functional vocational evaluation.
Every district shall ensure that all students with disabilities are provided the special instruction and services which are appropriate to their needs. The student’s needs and the special education instruction and services to be provided shall be agreed upon through the development of an individual education plan. The plan shall address the student’s need to develop skills to live and work as independently as possible within the community. By grade 9 or age 14, the plan shall address the student’s needs for transition from secondary services to post secondary education and training, employment, community participation, recreation and leisure, and home living. The plan must include a statement of the needed transition services, including a statement of the interagency responsibilities or linkages or both before secondary services are concluded. (M.S. 120.17 Sub.3a)
Transition Assessment
For each pupil, the district shall conduct a multidisciplinary assessment of secondary transition needs and plan appropriate services to meet the pupil’s transition needs. Begin talking to the student and family about the transition planning process at least a year before the transition assessment process begins. Then send a letter home (see Making the Transition Team Work 2nd edition for a sample letter) asking for permission to assess the transition areas. This could be a part of the 3-year reassessment or as an addendum to a previous reassessment. Areas of assessment and planning must be relevant to the pupil’s needs and may include recreation and leisure, home living, community participation, employment, and post secondary training. To appropriately assess and plan for a pupil’s secondary transition, additional IEP team members may be necessary and may include vocational education staff members and other community agency representatives as appropriate. Once the assessment process is begun, it is continued through discussions, experiences, and updates, for which additional written permission is not needed. However, it is important for families to e aware of this ongoing process every step of the way so that there are not any big surprises at the IEP meeting.
Secondary transition assessment results must be documented as part of an assessment summary. The assessment summary should identify a student's skills and needs in each transition area and focus on the relationship of the skills to a student's long range goals. This review will then be the basis for determining the activities and instructional goals on the IEP. Teams should avoid spending too much time at an IEP meeting discussing a student's assessment results and not enough time using these results for planning. Assessment results could be shared with team members prior to the meeting so that the need for a long review of results is minimized.. Current and secondary transition needs, goals, and instructional and related services to meet the pupil’s secondary transition needs must be considered by the team with annual needs, goals, objectives, and services documented on the pupil’s IEP.
Transition Assessment Strategies
• Individualize by collecting the information that would be most useful for the specific student. Use only the parts of assessment tools that are most relevant for a student and update information each year rather than starting over.
• Use informal methods of assessment such as interviews and observation in natural environments such as the regular classroom, social or community setting.. Be sure to document the findings on the Assessment Summary Report so that they can be used for planning.
• Use information from any assessments completed through a student's general education courses.
• Collaborate with personnel from agencies such as Rehabilitation Services and County Social Services when collecting transition assessment information. It is important to involve other agencies early on in the planning so that these agencies have time to plan and or put into place the services the student will need after leaving the school setting. This involvement may be as early as 9th or 10th grade. Also seek information from career and life planning classes/counseling offered through general education and other school staff. This increases efficiency because everyone will be able to use the same information and could share the responsibility of collecting it.
• Collect and summarize assessment information before the IEP meeting so that the team is prepared to develop or update a student's transition plan at the meeting. This can be in draft format and formalized into the Assessment Summary Report after the meeting.
• When assessing for transition, look carefully at what is going on in a student's life (i.e., current living situation, relationships, school situation and other factors that may not be in a student's immediate control, but could have a tremendous impact on planning).
• Think about a student's interest and skills in the transition areas in light of the student's specific disabilities. Look over assessment information collected across areas the student has difficulty with (i.e., academics, communication, behavior), then interpret this data in the context of each transition area. For example, consider how a student speech impairment will affect a goal in post-secondary education.
• Transition planning must go beyond preparing for the world of work to include a full spectrum of independent living activities within the community. Although work preparation is important, the ability to develop recreation and leisure skills, manage a budget, take part in community activities, develop friendships, plan for personal health care, etc., is of equal importance for a quality adult life.
Transition Assessment Tools
Samples of most of the materials described below are available through the lending library at Minnesota Education Services (612-415-5379 or 800-652-9024) or e-mail: jsteinbr@eta.k12.mn.us. Other sample assessment tools can be found in the Resources section of Making the Transition Team Work 2nd edition available from Minnesota Education Services, Capitol View Center, 70 West Co. Rd. B2, Little Canada, MN 55117-1402.
Just Ask!
There are a variety of tools such as Personal Futures Planning and MAPS, that simply ask a person and their family and friends what they want for their future, where they are at now, what they still need to do, and who can help them. Collecting this information directly from the student and their family and friends is very important. Be sure to write it down in the student's Assessment Summary Report so that the information can be used for further planning.
What are students doing in Regular Education?
Many BRIC schools offer career classes/units/counseling for all students and include several interest surveys and inventories. Use information from these classes when developing a student's transition plan. Again, be sure to document results in a student's Assessment Summary Report. If students with disabilities have not been included in these classes, help develop accommodations that could increase their involvement.
Situational Assessment
This is simply observing and recording skills and behavior in real-life settings where those skills or behaviors are most likely to occur. Observations can be recorded on a check sheet or anecdotally, and provide valuable information which should then be summarized in a student's Assessment Summary Report.
Enderle-Severson Transition Rating Scale
Available from Minnesota Education Services or Practical Press, PO Box 455, Moorhead, MN 56561 (218-233-2842) or BRIC.
This checklist of transition skills thoroughly covers all of Minnesota's transition areas. The ESTR Scale is available in two formats: ESTR-R: a revised version of the original, and ESTR-J: geared toward adolescents with mild disabilities.
Transition Behavior Scales
Available from: Hawthorne Educational Services, PO Box 7570, Columbia, MO 65205
Assesses work-related behavior, interpersonal relations, and social and community expectations. The manual also provides ideas for interventions.
The Career Game/Red Hot Jobs
Available from: Minnesota Educational Services
These are easy to use, colorful publications that provide students with an enjoyable way to begin career exploration based on their perceived interest and skills.
Pictorial Inventory of Careers
Available from: Talent Assessment, Inc., PO Box 5087, Jacksonville, FL 32247
This inventory is an interest assessment of 17 occupational clusters that requires no reading skills. It is administered to individuals or groups. It is available in pictorial or video formats.
Career Assessment Inventory
Available from: National Computer Systems, Inc., PO Box B1416, Minneapolis, MN 55440
This is an assessment of vocational interests administered by a paper and pencil test format which can be self administered or used with groups. The assessment requires a 6th grade reading level.
Health Care Skills Checklist
Available from: PACER, Center, Inc. 4826 Chicago Ave. S., Minneapolis, MN 55417
The checklist asks questions about a student's level of independence for personal health care.
Career Occupational Preference System (COPS)
Available form: EDITS, Inc, PO Box 7234, San Diego, CA 92107
The COPSystem consists of three instruments which include the COPSystem Interest Inventory (COPS), The Career Orientation Placement Evaluation Survey (COPES), and the Career Ability Placement Survey (CAPS). The system measures interest, abilities, and work values which are relevant to career planning.
C.I.T.E. Learning Styles Inventory
Available in the Making the Transition Team Work 2nd edition
This inventory is public domain and may be photocopied for use with students. Students respond to 45 questions about the way they feel they learn the best. They then rate each of nine learning styles to find those that they prefer and use most often.
Transition Planning Team
All students with IEP’s who have reached grade 9 or age 14 must have and IEP that focuses on transition. Individuals who can assist and support students in their adult lives are invited to join the existing IEP team to plan for the future. When selecting people to assist students with their plans for the future, the team should first consider the types of services and supports the student may need to meet his or her adult goals.
A student’s transition planning team should be put together by the IEP manager in consultation with the student and family. The student and parents may identify key individuals that are already involved in their lives, such as a relative, county case manager, mental health counselor, or parole officer. Students and their parents should be given information about available post-school services and community resources so that they can make informed decisions about the individuals they want on the team.
Non-School Participants
When inviting non-school participants to the transition planning meeting, the IEP manager should clearly explain why the person is being invited and what role the person is expected to assume at the meeting. For example, a person may be invited to provide information about services, or to negotiate shared service provision. When choosing new members for the team, consider inviting representatives from agencies who might be valuable in supporting a student in attaining his or her anticipated post-school outcomes.
In general, involvement of non-school participants should be requested at least two years before the student will leave high school. If the IEP manager is in doubt about when to invite a non-school service provider, contact the provider to discuss the request for involvement.
Members of an Transition Planning Team
In order to ensure compliance with the Individuals with Disabilities Act (IDEA), certain members must be present at the IEP/transition planning meeting. In addition, certain individuals must be invited to attend; other may be included as appropriate. The following team members must be present:
• An administrator or designee. The administrator may be the school principal or director of special education; an administrative designee may be a special educator authorized by the principal to commit district resources. When a student’s parents reside in a district other than the providing district, an administrator or designee from the resident district must be invited to the meeting. The resident district may appoint a member of the providing district as its administrative designee.
• A special education teacher, holding the license of the student's primary disability and the student’s regular education teacher. An appropriate regular classroom teacher must be present even when the student has no regular education placement.
Educators have a critical role in facilitating both the transition planning process of students, and guiding students in meeting their goals through educational and support services, along with providing daily adult experiences. The role of educators and related service personnel includes:
1. Informing students and family members about transition planning;
2. Encouraging families to plan optimistically for their student's future;
3. Preparing students by teaching skills that can be used in work, living, and leisure activities outside of school;
4. Assisting students in understanding, experimenting with, and selecting appropriate accommodations and resources for daily living;
5. Helping student experiment with and select appropriate assistive technology relevant to their own unique situation, with the goal of increasing their independence/interdependence and participation in life-enhancing activities;
6. Coordinating transition planning, as well as the involvement in both direct and indirect services as designed by the team;
7. Educating individuals on the student's team about support alternatives available in the community;
8. Involving students and family members in the design and implementation of a written transition plan;
9. Ensuring the implementation of a student's IEP and
10. Encouraging family members to allow students to become their own advocates, with plenty of practice making choices and to follow through on decisions.
The following individuals must be invited:
• The student must be invited to the planning meeting. Students should always be involved in their transition planning and encouraged to attend their own meetings. It is essential to involve students in making decision about their own lives. If the student does not attend, the district must take steps to ensure that the student's preferences and interests are considered.
It is not enough to a student simply attend the meeting. Individuals who are active participants in the planning of their future are more likely to be committed to reaching their goals. All students regardless of their disability, should be encouraged to advocate for themselves. Some students have had limited experience in expressing personal preferences and advocating for themselves. Teachers and parents can help prepare students to participate in the meeting by talking about the meeting’s purpose, describing what goes on and who typically attends, and discussing transition issues before and after the meeting occurs.
Some students may benefit from rehearsing certain parts of the meeting, such as how to greet team members or the way to express preferences or suggest alternatives. The ultimate goal is for students to eventually assume control, with appropriate levels of support, over their education and transition and identify and manage its various components.
The role of students in developing their transition plan includes:
1. providing information about their future adult goals to the team;
2. determining their strengths and challenges and communicating them to the team;
3. expressing a desire for certain program components;
4. contributing information about their preferences; and
5. collaborating in the decision-making process.
• One or both parents must also be invited to any meeting where transition services will be discussed, and they must be informed that the purpose of the meeting is to discuss transition planning. The district must also tell the parents that the student has been invited and identify other agency personnel who will be invited.
One of the most important responsibilities of parents is to prepare their children to be independent and successful adults regardless of their child’s abilities. Families bring a wealth of information about their son/daughter that is critical to effective transition planning. The following is a list of ways the family members can assist in the development of transition plans:
1. Sharing information about "what has worked" for their sons and daughters, family strengths and resources, incentives that school cannot offer, and most importantly, sharing their "dream" of the future for their child along with the challenges they are facing as parents;
2. Becoming informed about quality transition planning and services in the community that can assist and support their child in achieving success as an adult;
3. Assisting in the implementation of identified transition activities;
4. Assigning specific duties to the child around the home; emphasizing good grooming, physical fitness, and social and communication skills;
5. Making sure that the intentions of agreements and collaborative efforts between various agencies are fully met;
6. Providing an assessment of their child’ skills outside of the school environment;
7. Actively supporting efforts to provide training in a variety of community settings and sharing contacts to assist in securing training sites; and
8. Providing a variety of community experiences for their child.
• A member of the assessment team must be invited. This may be the student’s teacher, a representative of the district, or some other person who is knowledgeable about the assessment procedures used with the student.
The following individuals may be invited to attend, as appropriate:
• Related service providers such as an occupational therapist, physical therapist, audiologist, psychologist, adaptive physical education, doctor or nurse, rehabilitation counselor, or social worker. Community service providers provide an important link to community resources and can assist in accessing services. They are responsible for working with the students and parents to achieve work, residential, social, and leisure goals both before and after graduation.
• Representatives of non-school agencies such as a Division of Rehabilitation Services counselor, county case manager, health care provider, residential service provider, supported employment service provider, community leisure service provider, or post-secondary education support service facilitator.
• Other individuals at the discretion of the parents(s) and student. Parents and students need to be informed of their right to bring anyone of their own choosing to the meeting.
• Representatives from an outside district, agency or school when the Assessment Team Summary Report recommends placement options outside the resident district.
Transition Areas to Assess
Five transition areas must be assessed and annually addressed in the transition planning process for all Minnesota students with special education needs age 14 years and older. These transition areas are:
1. Home Living: selecting a lifestyle and future living situations and developing skills to live as interdependently as possible (e.g., cooking, cleaning, money management, personal grooming, nutrition, issues of sexuality, health care)
2. Recreation and Leisure: knowing about and experiencing social and free time activities (e.g., movies, plays, listening to music, spending time with other people, and hobbies)
3. Community Participation: accessing community resources including people, places and activities in the community (e.g., access to transportation, medical and governmental agencies, clubs and organization, civic activities)
4. Post-secondary education and training: selecting educational settings in line with career and other life goals, and learning strategies for success (e.g., preparation for and application to technical colleges, universities, adult education, community colleges, or community education)
5. Employment: determining career interest and goals and developing employability skills
In assessing the learner’s present level of performance and future transition needs, consideration should be given to the relationship between the transition areas and the learner’s skills and abilities in the following areas:
1. Communication. What communication skills does the student have that would allow the student to interact in a social setting, on the job or training site?
2. Emotional. What are the emotional issues that might impact this learner in going swimming or on a job with a high demand for personal interaction with the general public?
3. Academics. How does the learner presently use math, reading, or other academic skills in each of the five areas?
4. Technology. What is the learner’s use of, or need for technology, as it applies to the five areas?
5. Transportation. What does the learner presently use, know how to use, and/or need to use in the future?
6. Interpersonal/Social. How does the learner use these skills in each of the five areas? What is needed to develop these skills?
7. Medical/Physical. Are there medical or physical concerns which impact the level of performance in any of the five areas?
8. Advocacy/Legal. What level of ability does the learner need to know his or her rights in each of the five transition areas?
9. Learner Preference. What activities does the learner want to participate in each of the five areas.
Depending on the individual disability, the following are possible activity options for transition:
Age of Student Step To Initiate, Contact
14 to 16 Explore alternative transportation options Community service providers
14 to 16 Obtain a State ID card Drivers License Bureau
14 to 16 Participate in career awareness activities School staff
15 to 17 Apply for SSI (Supplemental Security Income) Social Security Administration
15 to 17 Apply for Medical Assistance County Financial Office
15 to 17 Apply for income support (if needed) County Financial Office
16 to 18 Apply for legal representation (i.e. guardianship, conservatorship, will, trusts) Legal Advocacy, local ARC, Attorney at Law
17 to 18 Review legal rights transferring to the student at age 18 School staff
17 to 18 Apply for county case management services County Human Services
17 to 18 refer to DRS Service Local Rehab. counselor
17 to 18 Selective Service registration (for males) Local Post Office
17 to 18 Visit possible work sites & places to live Service providers
17 to 18 Develop transition plan addressing quality of life issues as part of IEP process Transition planning team
16 to 20 Apply for residential program County case manager
16 to 20 Access lifelong generic community recreation options County case manager, community service provider, Options, local ARC
18 to 20 Apply for post school vocation services (e.g. DAC etc) County case manager
18 to 20 Include adult service providers in transition planning meeting School staff, county case manager
21+ Post school implementation and follow along County case manager
Transition Planning Timeline
Special education services are designed to provide students with the instruction and support they need to be successful in courses and other activities leading to a smooth transition to adult life. This leaves special education staff at the junior and senior high levels with many import responsibilities, none of which include tutoring, helping student "catch up" with regular education coursework, or teaching watered-down versions of academic courses. The following are important areas of instruction and service by secondary special education staff:
Grade 7 and 8
• Teach and reinforce strategies to improve study habits, time management, and general organization skills.
• Prepare students for active involvement in their IEP meetings and begin to explore future goals in all transition areas. Teach students to be self-advocates.
• Assist students in selecting courses that will allow them to explore career interests and skills through School to Work activities.
• Teach and reinforce learning strategies in academic areas.
• Prepare students to take basic graduation standards tests.
• Explore the use of a variety of school, home, and community accommodations with students.
• Offer opportunities for students to learn about high school courses, activities and services.
• Encourage involvement in community organizations, extra-curricular activities and School to Work student organizations.
• Encourage student to select general education courses that offer service learning opportunities.
• Assist students in developing a personal transition file in which to collect important information such as: school and medical records, IEPs, samples of academic work, evaluation information, transcripts and test scores, record of school-based, work-based, and service learning School to Work activities.
Grade 9 and 10
• Assist students in clarifying the exact nature of their disabilities-this could be done by sharing with students their assessment results (interpret as needed so students understand).
• Assist students in developing a profile of their own unique strengths and limitations.
• Assist students in understanding how their disabilities affect their lives.
• Help students understand their legal rights under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act-especially as related to their legal right to accommodations.
• Assist students in selecting and using learning strategies and accommodations that are most effective for them.
• teach students to request appropriate accommodations in school, home, work and community environments.
• Assist students in pinpointing specific academic needs and developing goals to address them.
• Assist students in refining their future goals in all transition areas and selecting performance measures within graduation standards that will help them successfully meet their goals.
• Assist general educators in adapting and modifying graduation standards performance measures to meet unique student goals and needs.
• Continue to encourage involvement in community organizations, extra-curricular activities and School-to-Work activities.
• Assist students in developing and following through with solutions to academic and social difficulties.
• Continue to assist students in collecting resources, organizing and using their personal transition files.
Grade 11 and 12
• Assist students in collecting information about institutions of higher education if post-secondary education is one of their future goals.
• Encourage students to contact post-secondary institutions of interest to find out about services offered for students with disabilities.
• Continue to develop and refine future adult goals in all transition areas.
• Assist students in taking charge of their own transition-focused IEP meetings.
• Assist students and families in applying for post-school support services (rehabilitation services, social service, health services, social security, etc.)
• Support students in continuing to use and improve skills and learning strategies developed in previous years, such as determining and following through with solutions to academic and social difficulties they encounter in general education settings.
• Continue to assist students in selecting performance measures within graduation standards that will help them successfully meet their transition goals. Assist general educators in adapting and modifying performance measures to meet unique student goals and needs.
• Continue to encourage involvement in community organizations, extra-curricular activities and School-to-Work student organizations.
• Continue to assist students in selecting courses that will allow them to refine career interest and skills through School-to-Work activities.
Community Service Providers
Community service providers provide an important link to community resources and can assist young adults in accessing services. The following are brief descriptions of a number of community service providers, including some of the transition services they may offer.
Division of Rehabilitation Services (DRS)
Vocational Rehabilitation is a highly individualized process through which the consumer (the student) and counselor work together as partners to:
• identify vocational interests and aptitudes
• determine vocational goals
• develop an action plan to achieve the goals
• implement the plan, including securing necessary resources
• resolve barriers that arise
• secure appropriate employment
• follow-up to ensure employment success
Typical services include career counseling, skill/academic training, rehabilitation technology, job development, placement, worksite modifications, employer education and employment follow-up.
Centers for Independent Living
Independent living is often overlooked in the transition planning process; however, all students need to know how to access support for future living arrangements. Center for Independent Living can assist students in identifying individual goals in a wide variety of areas: housing, attendant management, community resources, health care, peer support, employment and educational opportunities, self advocacy, personal safety, and individual rights..
State Services for the Blind and Visually Handicapped (SSB)
If a student has a visual impairment, with or without additional physical or mental disabilities, the Minnesota State Services for the Blind and Visually Handicapped (SSB) can offer assistance in transition planning. An SSB counselor can be part of a student’s transition planning team, and can assist in creating a transition plan. Some of the services available from SSB include:
• Adjustment to blindness, including orientation and mobility training and rehabilitation counseling;
• Low vision services;
• Assistance in finding and keeping a job;
• Tools and supplies needed to reach goals;
• Assistive technology; and
• Vocational training.
County Social Services
County social services play a crucial role in assisting individuals in meeting a variety of essential daily needs, such as housing, employment, financial support, health care, and transportation. County case managers are the key to accessing these services and supports. The case manager can determine eligibility for services, help identify which services are needed, seek out appropriate services, and coordinate service delivery. Direction for the case manager’s involvement comes from a person’s Individual Service Plan (ISP). Some of the services that may be provided by county social services include:
• Case management to individuals eligible to receive services such as residential, employment, and mental health services;
• General relief programs, which provide assistance to persons who cannot qualify under the Supplemental Security Income Program (SSI) of the Social Security Administration;
• Medical Assistance program to provide medical assistance to individuals who receive payments from any of the various public assistance programs;
• Financial resources for people who qualify under certain requirements.
Employers
Employers can assist during the transition planning process by:
• Providing information on a student’s work habits and skill levels or information for a student and family on the skills needed for certain kinds of work;
• Offering job sites for training or placement and becoming integrally involved in a student’s learning; and
• Offering their expertise at "career days" and as guest speakers.
Advocacy Services
Advocacy services may be available from a number of sources, such as PACER, local Arcs, Learning Disabilities of Minnesota, or the Minnesota Disability Law Center (Legal Advocacy). Services may include:
• Advocates for persons with disabilities;
• Involvement with legislation affecting person with disabilities;
• Information and referral regarding potential services;
• Investigation and intervention; and
• Legislative support for lawyers working for clients with disabilities.
Post-secondary Schools
Post-secondary education can be pursued in public and private colleges, universities, community colleges, technical colleges, and business and trade schools. Most post-secondary schools have staff specifically assigned to counsel students with disabilities. During the transition planning process, post-secondary support staff can provide information on survival skills, the application process, and support services offered by the institution.
Other Resources
A number of other resources exist that may be useful in the transition planning process. For example, a representative from the Social Security office can provide information regarding rules and regulations for persons with disabilities and application forms. Mental health centers can provide evaluations and support through therapy, counseling, and consultation. Workforce centers can provide job listings and can help with planning application and employer contacts. An array of health services such as family planning, nutrition, personal health care, pre-natal care, and assistance with on-going health issues can be provided by public health nurses or other health care providers. Depending on the individual student, representatives from these agencies may be included on the IEP/transition planning team.
Transition Planning Team Considerations
A number of tasks and activities occur before, during, and after the transition planning meeting. In order to collaborate on a successful transition plan, team members will want to keep in mind the following guidelines:
Before a transition-focused IEP meeting:
• The student, parents and IEP manager develop and approve the list of people to invite to the planning team meeting.
• All team members should be given reasonable advance notice to participate in the IEP/transition planning meetings.
• The student and family member (or school staff on request of the student and parents) should invite potential service providers. The invitation should be made far enough in advance so that the provider will have an opportunity to get to know the student before the planning meeting. It is very uncomfortable to be assisted in personal planning by someone you have never met.
• Assessment information should be compiled and shared with participants before the planning meeting. Students send their assessment information to service providers and home to their families to give them ample time to prepare for the meeting. Planning meetings should not be dominated by a discussion of the student’s academic deficits, but rather focused on planning for the student’s future.
• All participants need to know what will take place at the meeting so they know how to prepare. Descriptive agendas are useful.
• Students should meet with an instructor or advisor to review their previous goals, interest inventories, and transition surveys so that they are prepared for the meeting. Parent and service provider surveys should also be completed before the meeting.
• The advisor (or IEP manager) assists students in developing knowledge of the kinds of academic accommodations they may consider using, as well as discussing self-advocacy needs.
During a transition-focused IEP meeting:
• Everyone included as a team member is given an active role in the planning meeting. Team members are not likely to attend many meetings if they do not feel that they have made a valuable contribution.
• The meeting is positive so that the student will look forward to the future and enjoys being included in the planning process. A large team meeting is not the place to bring up personal issues, such as hygiene habits.
• All individual plans for a student (e.g., IEP, IWRP, ISP) re developed cooperatively at the same meeting to assure that all are working together.
• The completion of pre-meeting activities will ensure that the large team meeting can be completed in a reasonable period of time.
After a transition-focused IEP meeting:
• A copy of the completed transition-focused IEP should be made available to the student. For example, students could keep a copy in their own transition file folder and check off objectives as they are completed.
• Students and family members should have opportunities to check to see if all responsibilities designated in the IEP/transition plan are being carried out.
Social Security Disability Benefits
As youth with disabilities prepare to transition from school to adult life they may be eligible to receive benefits provided through the Social Security Administration. School personnel have a responsibility to assist these youth to access the benefits for which they are entitled.
Educators and health providers need only have families and individuals contact the local Social Security Administration for program and eligibility information. An application can be completed over the phone in order to facilitate the eligibility process. The following is a list of Social Security Officers for the BRIC schools:
Norman and Polk: Rm. 308, Federal Bldg., 657 2nd Avenue N., Fargo, ND 58108
Red Lake: 315 5th St., Bemidji, MN 56601
Marshall: 124 N. 6th St., P.O. Box 1678, Grand Forks, ND 58201
Conservatorship & Guardianship
Parents are the natural guardians for their minor children (persons age 17 years old and younger). As natural guardians, parents make a variety of decisions on behalf of their children. This includes decisions such as, where their child will go to school, what medical care their child will receive, and in what activities their child will participate. This natural guardianship ends, however, once their child reaches the age of majority, or adulthood (age 18 years). At that age all children become legal adults with the right to make their own decisions. This includes taking responsibility for making special education decisions.
As an adult, a person is granted certain legal and civil rights, including the right to vote, to marry, and to sign contracts. Some individuals may lack the ability to make reasonable decisions for themselves in order to meet their personal needs and manage their finances.
If an adult does lack the capacity to make such decisions on his or her own behalf, he or she may need the support of some type of substitute decision maker. In those cases, the person's parents, other family members, or friends may want to consider which substitute decision making alternatives would be appropriate for the person.
These potential options include, but aren't limited to, Power-of-Attorney for finances, Durable Power of Attorney for Health Care Decisions, Advanced Psychiatric Directives, Social Security Representative payeeship, Trusts, and many other formal and informal supports. The goal of any of these options should be to provide optimal support and opportunities to the person to preserve and protect his or her self-determination and decision making independence as much as possible, while assuring his or her needs are met and the rights are protected. As the student reaches age 17, a portion of the student's IEP planning should deal with informing the student and parents of the implications of reaching adulthood at age 18.
Guardianship
On of the most frequently used alternatives is guardianship or conservatorship. In guardianship, the guardian is given broad powers over the " ward". A person in need of a guardian, is deemed to be incompetent in all areas of decision making. Incompetence is a legal term which means the ward is incapacitated in all areas of decision making. the ward loses all rights, including the right to vote. This is the broadest, most restrictive form of protection and should be sought only when no other less restrictive alternative exists.
Conservatorship
Conservatorship is tailored to transfer decision making power to the conservator only in the areas of life where protection and supervision by a conservator has been proven necessary. Conservatorship is used for substitute decision making in specific areas of the person's life that are necessary to meet the person's needs.
A conservatorship does not assume that the proposed conservatee is incapacitated in all areas of life. There is no finding of general incompetence. The individual can still marry, make a will or vote (unless specified by the courts that the individual is incapable of doing so).
4.4.2 Graduation Requirements
Beginning at grade nine or age 14 and annually thereafter, the IEP team shall address the graduation requirements for a high school diploma for a pupil.
A. The team must determine those courses, programs or classes which must be successfully completed by regular education students in the regular education program which are needed to attain a high school diploma and are appropriate and attainable by the pupil.
B. The team must determine those courses, programs or classes which are needed to attain a high school diploma that cannot be successfully attained by the pupil without special education or are not appropriate for the pupil. These requirements must be modified on the IEP or waived by the team and documented on the IEP.
C. The standard for a pupil’s attainment of a high school diploma shall be:
• Those courses, programs or classes identified in item A;
• Those modified and waived courses, programs or classes determined in item B, and
• The pupil’s goals and objectives on the IEP (many of which will likely address transitional needs).
D. The IEP team shall determine the criteria for satisfactory achievement of the IEP goals and objectives, including modified courses, programs or classes.
Graduation Standards
For up-to-date information on Minnesota's Graduation Standards see the CFL web site. There are two parts to the Graduation Standards:
1. Basic Standards which are basic skills tests in reading, mathematics and written composition that students must pass in order to be eligible to graduate. They are a "safety net" to ensure that no student leaves high school without learning basic life skills that every adult needs in order to live and work in today's society. and
2. High Standards in the Profile of Learning define what students should know, understand and be able to do to demonstrate a high level of achievement. All students must work toward achieving high standards in several areas in order to graduate. To earn credit for a high standard, student must successfully complete a series of assignments, called "performance packages". Modifications or exemptions may be made as needed for students with disabilities through the IEP or 504 planning process.
Basic Standards Testing
Students with IEPs or Section 504 Accommodation plans may have special consideration on the Basic Standards tests in reading, mathematics and written composition. The IEP or Section 504 team is responsible for determining the type and extent of participation in all testing for the purposes of statewide testing and Graduation Standards requirements. Teams have the authority to make decisions for students based on their individual needs. All decisions must be documented in the IEP or Section 504 plan.
Accommodation Guidelines
An accommodation is defined as any change in testing conditions which does not alter the validity or reliability of the state standard. Accommodations may not compromise the security of the test and should be consistent with the goals of the student's IEP or 504 plan. Students who have accommodations will have their tests scored according to state scoring procedures.
Students who pass Basic Standards Test with accommodations will receive the notion " Pass-State Level" on the graduation standard progress report. Since the testing requirements vary, not every accommodation is appropriate or permitted for every test. If the team determines the student requires accommodations, they must be noted on Section H of the IEP prior to the testing date. Accommodations which require alternate test booklets, testing materials or special handling must be requested on the Basic Standards Test Registration/Order form. Special accommodations in test materials must be ordered well in advance. Check with the district test technician.
Alternate Presentation Formats
• Directions may be given in any format necessary to accommodate students . However, test administrators are not allowed to go beyond the script in giving or clarifying directions.
• Large print
• Braille
• Magnification or low vision aids
• Templates to reduce visual print field
• Short segment test booklets
• Audio cassettes
• A script of the audio cassette
• Interpretation of the math test for deaf or hear of hearing students
• Additional answer pages for writing
Alternate Scheduling and Setting Formats
• Extended time
• Individual or small group administration
• Special setting (i.e., special lighting, acoustics, or furniture)
• Testing time during instructional day
Alternate Response Formats
• Braille writers
• Word processors
• Voice-activated computers
• Writing directly in the test booklet
• Mark answers in test booklets
• Tape recording of the reading test
• Scribes
Modifications Guidelines
A modification is an adjustment to the standard, the test, or the testing condition that is significant enough to result in a change in the level of difficulty. A modified standard at an appropriate level of difficulty is defined through an IEP or 504 process. Modifications may not compromise the security of the test. IEP or 504 teams will determine whether the student passes or does not pass the modified standard. A student passing a test with modification will receive the notation "Pass-Individual Level" on their graduation standard progress report. If the team determines the student requires modifications, they must be noted on Section H of the IEP prior to the testing date.
The following are examples of modification that may be considered based on the individual needs of the student:
• The team may determine that a lower passing score is appropriate for an individual student.
• The team may create a test specifically for an individual student or select a test other than the state test.
• The team could decide to allow a student to use a spellchecker on the test of written composition.
• The team could decide to allow a student to test on the primary designated testing day as well as the make-up day.
Exemption Guidelines
Exemptions are for those very few students who have no capacity to perform in the subject area tests. This decision must be made on an individual basis by the student's IEP or Section 504 team.. Students who are exempted from the Basic Standards Test will receive the notation "Exempt" on their graduation standard progress report. If the team determines the student is exempt, it must be noted on Section H of the IEP prior to the testing date. When a team is discussing the possibility of exemption they may want to consider the following in determining whether an individual student is incapable of testing:
• The Special Education Statewide Testing Guidelines define incapable as "...a total lack of cognitive ability to participate within the subject area".
• A team may consider an exemption for a student if taking the test would be detrimental to the student. This is not a wide door and does not include reasonable levels of stress or anxiety in a testing situation.
• A team may consider an exemption if the IEP or 504 plan has specifically modified educational goals so that a student has not been exposed to material within the range of the test. If a student is working on the most basic material such as preprimer words or number recognition, teams should check to see if there is any overlap between the easiest items on the test and the material the student is currently working with. If no overlap exists this should be considered by the team.
Performance Packages
A performance package is a series of classroom assignments that, taken together, indicate whether a student has learned the skills and knowledge specified in the content standard. Each performance package includes a combination of several tasks a student must complete. Generally the special education teacher should work together with the regular education teacher to determine if a student with a disability will require any accommodations or modifications to the performance package.
One purpose of the IEP is to document the necessity for specialized instruction based on an individual student's unique needs. Decisions should be team based with annual instructional goals/objectives organized around student needs rather than content areas.
By law, each team must also consider how the student's disability affects involvement and progress in the general curriculum. This requires that the IEP team review any graduation standards that apply to the student under the state's graduation standards. At the annual IEP meeting, each team determines the designation (state, individual or exempt) at which the student will pursue the appropriate standard level.
IEP Documentation Process
Once the team has determined the extent to which the student will access the general education curriculum including Profile of Learning Content Standards, the IEP must be written to document that level on the IEP Profile of Learning Chart.
1. Upon completion of the Profile of Learning Content Standard performance assessment, the student's effort is awarded a transcript score.
2. For a "Pass Individual" status, options for consideration could include:
a. adjustments made to the level of the current Profile of Learning Content Standard;
b. deleting a portion of the current Profile of Learning Content Standard; or
c. selection of a comparable Profile of Learning Content Standard from a previous level within the learning area.
3. If the student does not meet the performance assessment requirements (for either state or individual level), as determined by the IEP team, no award for completion of the standard is to be noted on the student's transcript. The IEP team determines if the student is capable of delivering on the Profile of Learning Content Standard. The IEP team should consider additional accommodations and support necessary for the student to be successful.
4. "Exempt" is an appropriate option in the following situations:
a. there is no match between the student's IEP present level of performance, goals and objectives, and/or the performance assessment requirements of a standard;
b. the manifestation of the student's disability prevents success in one or more Profile of Learning Content Standards; or
c. the current IEP goals are deemed by the IEP team to be critical life skills that take precednce over the standard under consideration.
Alternative Assessment
Districts are responsible for reporting alternate assessment data for those students who are exempt from the Minnesota Comprehensive Assessments or the Basic Standards Test. Minnesota has developed a two-part alternate assessment:
1. A functional skills assessment for students with no academic awareness or skills; and
2. An academic assessment in reading, math (grades 3, 5, 8, and 11), and writing (grades 5 and 10) for those students who have limited academic skills but are not at the level at which they can complete the regular assessment.
When the IEP team determines whether or not a student is exempt, consider the following:
1. Does the student have a “total lack of cognitive ability to participate within the subject area?
2. Will taking the test be detrimental to the student? (This does not include a reasonable amount of stress associated with test taking)
3. Has the IEP specifically modified educational goals so that a student has not been exposed to material within the range of the test.
If a student is working on the most the basic material such as pre-primer words or number recognition, teams should check to see if there is any overlap between the easiest items on the test and the material with which the student is currently working. If no overlap exists the team should consider whether or not the student be exempt from the regular assessment.
A student's exemption from the Minnesota Comprehensive Assessments (grades 3, 5, and 8) at one grade does not automatically mean they are exempted from all future system tests. This is an IEP team decision that must be made each time they are eligible for an MCA test. For each exempted curricular area there must be an alternate assessment. However, for a student in a functional skills curriculum, the team could exempt a student from all statewide testing and only complete the Functional Alternate Assessment. For other students, the IEP team may decide to utilize any combination of alternate assessments (Reading, Math, Writing, or Functional). The team may decide to exempt in reading but not in math, etc. The key is to do what makes sense for the student and what is supported by data.
The procedures given below are recommended for use for the 2003 alternate assessment:
• First, develop a list of students taking the Alternate Assessment for each building.
• Next, access the alternate materials on the web at: http://cfl.state.mn.us/speced/alternate/alternateindex.html.
• Download the Alternate Assessment forms and distribute them to the appropriate special education staff/teachers.
• Then, special education case managers complete the Alternate Assessment forms. Please note that there is a change in reporting this year. If the developmental reading, math or writing scales are used do not use the functional scale. If the functional scale is used, do not complete any other scales.
• The completed forms are given to the building test coordinator.
• The building test coordinator ensures that the information on the cover sheet is complete (MARSS number, name, etc.).
• Next, the completed forms and cover sheets are sent to the Director of Special Education or faxed to 218-773-0924.
Administration of Alternative Assessment
The alternate assessment is not a test that is administered to the student, but rather is a teacher’s rating of the student’s skills in the areas addressed. Keep in mind as you are having IEP meetings of the need to decide what the students will be doing during the statewide assessment. Remember that students who do the alternate assessment will still have an “exempt” on their transcript.
The special education teacher or teachers who best know the student's skill level in the exempted areas should complete the assessment on the student.
The Alternate Assessment consists of four teacher-developed and teacher-implemented rating scales. Three of the scales (reading, writing and math) are developmental. For example, reading was broken down into seven attributes (pre-reading, decoding, etc,). Then indicators were determined and placed under each attribute. Based on these indicators, teachers are asked to rate a student on a seven-point scale for each attribute. The scale goes from awareness (1-2), to understanding (3-5), to application (6-7).
The IEP team may decide to utilize any combination of Alternate Assessments (Reading, Math, Writing, or Functional). The team may decide to exempt in reading but not in math, etc.
The fourth Alternate Assessment scale is based on a functional curriculum. Students in a functional curriculum are often exempted. There are seven attributes (i.e., home living, recreation and leisure, etc.) and each attribute has indicators to help staff rate a student. Once again, there is a seven-point rating scale. Because the primary focus of a functional based curriculum is different from the focus of a developmental curriculum, teachers and staff who developed the functional Alternate Assessment used a rating scale based on the student's level of participation and support. The scale goes from no participation/full support (1-2), to moderate participation/moderate support (3-5), to full participation/no support (6-7).
Reading Assessment
If the IEP team is uncertain about exempting a student from statewide testing, rate the student in the Literal Comprehension portion of the reading assessment. This is because "literal comprehension" is the key to the reading tests. The rating is on a 1 to 7 scale. If you rate the student’s skills as a one or two, the team should consider having the student exempted from the statewide testing. If skills are rated at 3 or higher, the team should consider having the student take the regular assessment, unless there are other factors that make taking the regular test impossible.
At the present time there is not an identified gateway into the Math or Written Language Assessments.
Functional Skills Assessment
The functional skills assessment is administered to those students without awareness of academic skills. Again, it is a one to seven rating scale completed by the case manager or teacher.
4.5 Behavioral Interventions
This policy is intended to encourage the use of positive approaches to behavioral interventions. The objective of any behavioral intervention must be that pupils acquire appropriate behaviors and skills. It is critical that behavioral intervention programs focus on skills acquisition rather than merely behavior reduction or elimination. Behavioral intervention policies, programs or procedures must be designed to enable a pupil to benefit from an appropriate, individualized educational program as well as develop skills to enable them to function as independently as possible in their communities. (M.R. 3525.0850)
4.6 IEP Notice Requirements and Procedural Safeguards
4.6.1 Notice to parents Before Proposal or Refusal to Initiate or Significantly Change Placement or Services
Parents and guardians shall receive prior written notice of:
1. a proposed placement of their child in, transfer from or to, or denial of placement in a special education program; or
2. the proposed provision, addition, denial, or removal of special education services for their child.
Significant Change
A significant change in program or placement means:
1. the IEP goals have been completed or require modification based on a progress report;
2. there is a need to add or delete a service based on a progress report or evaluation;
3. there is a change in the type of site or setting in which the pupil receives special education;
4. the amount of time a pupil spends with nondisabled peers is changed;
5. the amount of special education to accomplish the goals or objectives needs to be increased or decrease; or
6. the team determines there is a need for a conditional intervention procedure. (M.R. 3525.0200 Subp. 19b)
4.6.2 IEP Procedural Safeguards
Parents of children with disabilities have a right to be involved by the school district in the education decision-making process from the assessment determination meeting, to the eligibility determination meeting to the IEP meeting. The district must document attempts to involve the parents at each step of the process. Every effort should be make to include the parent however, when parents are unable to attend a meeting, the district must document attempts to arrange a mutually agreed on time and place through detailed records of telephone calls made or attempted and the results of those calls, copies of correspondence sent to the parents and any responses received and detailed records of visits made to the parent's home or place of employment and the results of those visits.
It is not permissible for the district to have the IEP completed when the IEP meeting begins. It is not permissible for a district to present a completed IEP to parents for their approval before there has been a full discussion with the parents of the child's need for special education and related services, and what services the district will provide to the child. It would be appropriate for the district staff to come prepared with evaluation findings, statement of present levels of educational performance, and a recommendation regarding annual goals, short term instructional objectives, and the kind of special education and related services to be provided. However, the district must make it clear to the parents at the outset of the meeting that the services proposed by the district are only recommendations for review and discussion with the parents.
A copy of the Assessment Summary Report (if one was completed) and the completed IEP must be given to the parents within a reasonable time after the meeting. It is BRIC policy that generally, a completed copy of the IEP is provided to the parents within 10 calendar days of the meeting . If the student is an out-of-district student, the district providing the special education services must also provide a copy of the IEP to the resident district.
4.6.3 IEP Timelines
A meeting to develop an IEP for a child must be held within 30 calendar days of a determination that the child needs special education and related services.
4.7 Periodic and Annual Review and Revision of IEPs
Progress Notes
Parents must be given feedback on their child's progress on goals and objectives as frequently as parent's of nondisabled children. Each district and/or building in the cooperative may have a different number of reporting periods. Generally there will be a progress report at least quarterly. The IEP will count as one of the progress reviews. A team meeting does not need to be called for each progress review unless the parent requests a meeting. The progress notes may be noted on each goal page of the IEP or the optional Progress Notes form may be use. Whatever method is used, the review may be mailed to the parent, sent home with report cards, or given to the parent at the parent/teacher conference.
The progress review for a learner who is blind includes a review of the learner’s current and anticipated needs. If the review of the learner’s progress in reading and writing does not meet the expectations determined through the IEP goals and objectives, a reading and writing reassessment is conducted to determine whether Braille instruction must begin.
For students with a behavioral intervention plan, the individuals who conduct the progress review, will review the plan. This team may review and amend procedures on the behavioral intervention plan as necessary throughout the year without reviewing all of the IEP unless the team determines a more thorough review is necessary and a change in the IEP is required.
Significant Change
If, as a result of the progress review, it is determined that significant changes are required, the IEP Manager will contact the parents and arrange a meeting to revise the IEP/IFSP through the use of the Notice of a Team Meeting form. Significant changes requiring an IEP/IFSP team meeting include:
1. The IEP goals have been completed or require modification based on a periodic review;
2. There is a need to add or delete a service based on a periodic review;
3. There is a change in the type of site or setting in which the learner receives special education;
4. The amount of time the learner spends with nondisabled peers is changed;
5. The amount of special education necessary to accomplish the goals or objectives needs to be increased or decreased; or
6. The team determines there is a need for a conditional intervention procedure.
Annual Review
An annual review is incorporated into the progress review process every 12 months. The purpose is to review outcomes, add current information and evaluation results, revise outcomes as necessary, and write a new IEP/IFSP. IEP/IFSP’s may be written as often as necessary, but must be done at least once each year.
An IEP/IFSP team meeting must be held:
1. On or before the anniversary date of the existing IEP/IFSP;
2. Within 30 calendar days following a completion of a reassessment;
3. When significant changes to the IEP/IFSP appear necessary;
4. Prior to the exclusion or expulsion of a learner;
5. Within five school days of the suspension of a learner; or
6. Earlier at the request of the parents or district.
Exit Procedures
See Exit Procedures
4.17 Reinstatement of Special Education Services
Pupils who are discontinued from all special education services may be reinstated within 12 months. If data on the student's present levels of performance are available and an assessment had been conducted within three years, the district is not required to document two prereferral interventions or conduct a new assessment. (M. R. 3525.3100)
4.18 Granting of a Diploma
Upon completion of secondary school or the equivalent, a pupil with a disability who satisfactorily attains the objectives in the pupil's IEP shall be granted a high school diploma that is identical to the diploma granted to a pupil without a disability. (M.S. 120.17 Subd. 1b)
General Individualized Family Service Plan (IFSP) Requirements
4.19.1 IFSP Meetings
IFSP meetings must be conducted in settings and at times that are convenient for the families and in the native language of the family unless it is clearly not feasible to do so. If the child attends a nonpublic school the district may hold the IFSP meetings at the nonpublic school. The IFSP team must be composed of:
1. The parent or parents of the child;
2. Other family members, as requested by the parents, if feasible to do so;
3. An advocate or person outside of the family, if the parent request that the person participate;
4. The service coordinator who has been working with the family since the initial referral of the child for evaluation or who has been designated by the district to be responsible for implementation of the IFSP;
5. A person or persons involved in conduction evaluation and assessments; and
6. As appropriate, person who will be providing services to the child or family.
4.9.3 Required Content of IFSP
Infant/Toddler Transition
The district will convene a conference with parental consent, for a child who may be eligible for preschool services, at least 90 days, or up to 6 months, prior to the child's third birthday to discuss preschool services that the child may receive. As a part of the transition process, the team including the parent may determine the need for additional data. If formal evaluation is needed, the team must follow the general procedures for evaluation of all students.
IFSP to IEP Transition
For students who initially meet the noncategorical criteria for ECSE (e.g. 1.5 SD’s below the mean in 2 areas) and are placed in an ECSE program option with the child’s "label" being ECSE, it is necessary to meet initial eligibility criteria in a disability category upon transition (e.g. when the child enters kindergarten, when the child turns 7, etc.) from the ECSE program.
For students who initially meet categorical criteria (e.g. vision impaired, speech/language impaired, etc.) and are placed in an ECSE program option with the child’s "label" being disability specific, it is not necessary to meet initial eligibility criteria in a disability category upon transition (e.g. when the child enters kindergarten, when the child turns age 7, etc.) from the ECSE program.
For students who initially meet categorical criteria (e.g. speech impaired, emotional/behavioral disordered, etc.) and are placed in an ECSE program option with the child’s "label" being ECSE, it is not necessary to meet initial eligibility criteria in a disability category upon transition (e.g. when the student enters kindergarten, when the student turns age 7, etc.) from the ECSE program if:
1. the child’s initial assessment team summary report indicates in the summary and recommendation section of the report that the child is "eligible" or "qualifies" for early childhood special education services because s/he meets the categorical criteria for (i.e.) speech/language impairments. (The documentation required for meeting each of these criteria would be found in the appropriate sections of the assessment team summary report. It would also be appropriate, on the state recommended eligibility determination form, to mark both boxes for "early childhood special education" and "speech/language impaired") and
2. the child’s assessment team summary report at the time of transition indicates that the child continues to be "eligible" or "qualifies" for special education services because the child initially met the categorical criteria for speech/language impairments and has not met his/her IEP goals and objectives. (The documentation required would be found in the appropriate sections of the assessment team summary report. It would be appropriate, on the state recommended eligibility determination form, to mark the box for "speech/language impaired".)
Per memorandum dated 4/10/92 from Robyn Widley,MDE
At the time of transition, if the student will continue special education services through a categorical placement, indicate the change on the final page of the Assessment Summary Report. If the student no longer qualifies for service, indicate on the final page of the Assessment Summary Report that the student does not meet eligibility criteria when transitioning from early childhood special education. The student must also be formally dismissed from ECSE through the Notice of Proposed Special Education Services.
Plan Development
These procedures have been written to ensure smooth transition planning from one program to another for young children with special needs, parents, teachers, and any other sending and receiving staff in school districts, agencies or programs who provide services to children within the BRIC. Although these procedures are written primarily with transition into kindergarten, the process can be adapted for other transitions that take place (e.g., home based to center or community based program). The ECSE teacher will actively involve parents at all times throughout the transition process.
In the fall, parents of children enrolled in ECSE programs who are potentially eligible for kindergarten the following year should be informed about transition at the first IEP or review meeting. The parents should be given the option of visiting a kindergarten classroom within the district of residence, if transition into kindergarten appears likely.
Best practice would suggest that the ECSE teacher should visit the kindergarten setting and observe the routine and expectations for functioning in a kindergarten environment so that transition goals and objectives can be incorporated into the IEP.
The ECSE teacher should send a list of students tentatively transitioning to each elementary Principal of the student’s school of residence by March 1st to ensure that students are placed on the kindergarten enrollment list. Any support services, transportation requirements and other issues and concerns should be conveyed to the Principal to facilitate a smooth transition in the fall. The ECSE teacher should meet with the kindergarten teacher to discuss classroom routines and their impact on the child who is transitioning.
Spring IEP meetings, reviews and/or home visits should be held during March in order to continue transition planning. Staff from community based programs such as Head Start or Learning Readiness should be invited to attend the meeting of ECSE children who are involved in or being served through community based programs, since they will have useful information about the needs of the child. If possible, this meeting should be held in the resident school district in order to facilitate participation of the kindergarten teacher and other staff. Expectations for kindergarten such as classroom interactions and routine should be reviewed and a plan developed to smooth the transition. The team should discuss who the IEP manager and service providers will be. Any assessments needed for the student’s transition should be planned at this time and conducted as early as possible so that the Assessment Summary meeting and staffing can be completed by May 15th.
4.20 IFSP Procedural Safeguards
4.20.1 Parent Consent for IFSP
The contents of the IFSP must be fully explained to the parents and informed written consent from the parents must be obtained prior to the provision of early intervention services that are described in the plan. If the parents do not provide consent with respect to a particular early intervention service or withdraw consent after first providing it, that service may not be provided. Only those services for which parental consent is obtained may be provided. If consent is not given, the district/IFSP team shall make reasonable efforts to ensure that the parent is fully aware of the nature of the evaluation and assessment or the services that would be available and understands that the child will not be able to receive the evaluation and assessment or services unless consent is given. (34 CFR 303.404 (b))
4.20.2 IFSP Timelines
Within 45 calendar days after it receives a referral, the district must complete the evaluation assessment activities and hold an IFSP meeting.
4.20.3 IFSP Periodic Review
A review of the IFSP must be conducted every six months, or more frequently if needed or if the family requests a review. The purpose of the periodic review is to determine:
• the degree to which progress toward achieving the outcomes is being made; and
• whether modification or revision of the outcomes or services is necessary.
The review may be carried out by a meeting or by another means that is acceptable to the parents and other team members.
4.20.4 IFSP Annual Review
A meeting must be held on at least an annual basis to evaluate the IFSP for the child and the child's family and as appropriate to revise it as needed.
4.20.5 Interim IFSP
Early intervention services for an eligible child and the child's family may commence before the completion of the evaluation and assessment if the following conditions are met:
• parental consent is obtained;
• an interim IFSP is developed that includes
o the name of the service coordinator who will be responsible for the implementation of the interim IFSP and coordination with other agencies and persons; and
o the early intervention services that have been determined to be needed immediately by the child and the child's family.
the evaluation and assessment are completed with in the 45 calendar day time period.