The Dirty Dozen 12 Legal Pitfalls IEP Teams

The Dirty Dozen 12 Legal Pitfalls IEP Teams Should Avoid

Team Obligations Everyone must do his/ her part prior to the Team meeting. As a Team Member, you have a moral, ethical and legal obligation, to students.

Dirty Dozen #1. Don’t engage in actions that appear to be a predetermination of eligibility, placement, or action that appears to deny parental input into decision-making. School Staff met prior to the IEP meeting. They develop and signed the IEP leaving the special education teacher or the Team Chairperson to present the IEP to the parent at a later date. School staff arrive at the IEP meeting with the IEP completed in full and ready to be signed by the parent. Avoid statements at the IEP meeting such: “Mary needs this service/ program but it must be approved by the sped administrator”.

Possible Scenarios to Avoid “We are here today to develop and IEP for Ben for a therapeutic classroom”. “I already talked to the sped administrator and we can only recommend…” “We decided that John needs a language based classroom. ” School staff have obtained relevant evaluative information about the child but fail to share it fully with the parent. School personnel offer limited placement options. Taking the parent’s private report, waving it in the air and state, “You have got to be kidding me, this guy is a quack, were not even going to consider this. ”

Dirty Dozen #2 Don’t make educational recommendations or decisions based on the availability of services. “We don’t have enough money for that”. “We don’t have co-teaching in this school“. “I can’t fit that into my schedule“. “My case load is too high“. “I don’t do that in my class“.

Dirty Dozen #3 Don’t make educational recommendations or decisions based on cost “I’m sorry but that is too expensive”. “I am sure you have read the paper about budget problems”. “If we did that, we would be taking money away from other students”.

Dirty Dozen # 4 Do notify parents of their right to challenge IEP recommendations Possible Scenario The parents obviously do not agree with the schools system’s program, but have not been given a copy of their parental rights and are not aware of their rights to challenge the program.

Dirty Dozen # 5 Don’t make recommendations or decisions based on inadequate evaluations. Possible scenarios: No academic evaluations No Educational Assessment A & B Evaluations not conducted in the primary language of the student Evaluations that are not standardized or normed on the appropriate populations. Evaluations not done in the area of suspected disability

Dirty Dozen # 6 Don’t make vague or generalized recommendations regarding least restrictive environment Possible scenarios: School team begins its consideration of placement in a self- contained environment first and moves backwards along the continuum. School team moves to quickly along the continuum in making its consideration, skipping less restrictive options in its consideration IEP team states that a separate school was chosen because the “parent request it “ or “the student n’s needs are too severe to be me in a regular school”

Dirty Dozen # 7 Don’t be overly specific and include unnecessary details or promises in IEPs. Naming specific programs, products, or curricula Naming specific staff members or service providers Too many day-to-day details Naming outside services, extracurricular activities

Dirty Dozen #8 Do properly address the issue of extended school year (EYS) Don’t call EYS “summer school”. Not explaining the standard of substantial regression of mastered skills. Only students with _______ get extended school year services. Explaining that EUYS is to continue progress or maintain skills.

Dirty Dozen #9 DO HAVE REQUIRED STAFF AT TEAM MEETINGS REQUIRED TEAM MEMBERS: CHAIR / PERSON with the authorization to make programmatic and fiscal decisions with the parent. General Education Teacher (unless the student is in a substantially separate special education program A special education teacher The parent Other Team members may be invited but they are not” required”. If a required Team member is absent parents must sign a written excusal. Avoid: “We don’t have coverage for the general education teacher to be here”. “I only have the student for X so I can’t really speak towards his progress”.

Dirty Dozen # 10 Don’t refuse to hold a Team if a parent brings another person / Team member Possible Scenarios: “We need to be notified in advance if you are bringing an advocate or attorney. “You cannot be part of the Team because you were not invited to the meeting”.

Dirty Dozen # 11 Be specific when recommending services: provider, frequency, & duration Possible scenarios to avoid: “We will provide counseling on an “as needed basis”. “We recommend 3 -5 periods of speech language services a week. ” The provider will be a member of our special education staff.

Dirty Dozen # 12 Appropriately address transition activities and provide a summary of performance Possible scenarios to avoide: Vague and / or generalized transition statements. Transition goals are not measurable