BRIC COMPREHENSIVE PLAN
SPECIAL EDUCATION
DUE PROCESS ACTIVITY LIST (8-06)

CONTINUING SPECIAL EDUCATION STUDENT

Student ____________________ Grade _____ School ____________________

IEP Manager ____________________

This process is to be followed for students who have a current IEP, are not due for a special education reevaluation, and continue to need special education services. A new IEP must be developed each school year for students who continue to need services (within one calendar year of date listed on IEP). Date and/or initial when the below actions are completed or filed:

_____ Attach Record of Access to Private Education Folder if not already in place (attach to inside front cover of file).

_____ Attach Student Log to file if not already in place (this documents parent contacts and other actions regarding the student).

_____ Place Notice of a Private Special Education Folder in the student’s cumulative file if not already in place (recommend brightly colored paper).

_____ Determine IEP due date and notify IEP manager at least four weeks before IEP is due to schedule a team meeting. Also check last evaluation date on IEP. A reevaluation must be completed every three years. If student is due for a reevaluation or transition evaluation (transition evaluations must be completed before the student reaches age 14 or enters 9th grade) for the current school year, go to due process activity checklist for reevaluations/transition evaluations.

_____ Send parents (1) Notice of Team Meeting: Plan (2) (3) and check (to review your child’s IEP or IFSP, including consideration of extended school year services, and revise the IEP or IFSP as needed). Best practice includes attempting to contact parent by phone and then sending out notice (attempt to notify parent 7-10 days before the meeting). Include Parent Rights brochure (4) and document attempts to invite parents to this meeting. (note: the student must also be invited to any team meeting where transition will be discussed (5)). Provide copy of notice to all invitees. File copy in student’s special education folder.

Excusing Team Members’ Attendance
IDEA 2004 states that a member of the IEP team is not required to attend an IEP meeting, in whole or in part, if:
• The parent of a child with a disability and the district agree, due to the fact that the member’s area of the curriculum or related services is not being modified or discussed.
• The parent’s agreement must be in writing.
• The member submits, in writing to the parents and the team, his or her input into the development of the IEP prior to the meeting.

Making Changes to the IEP
IDEA 2004 makes provisions when making changes to a child's IEP after the annual IEP meeting for a school year. If the parent of a child with a disability and the district agree not to convene an IEP meeting for the purposes of making such changes, a written document may be developed to amend or modify the child's current IEP.

Changes to the IEP may be made either by the entire IEP team or, by amending, rather than redrafting the entire IEP. Upon request, a parent shall be provided with a revised copy of the IEP with the amendments incorporated.

Consolidation of IEP Meetings
IDEA 2004 makes provisions that to the extent possible, the district will encourage the consolidation of reevaluation meetings and other IEP team meetings for the child.

Alternative Means of Meeting Participation
IDEA 2004 makes provisions that when conducting IEP team meetings and placement meetings and carrying out administrative matters (such as scheduling, exchange of witness lists and status conferences), the parent of a child with a disability and the district may agree to use alternative means of meeting participation, such as video conferences and conference calls.

_____ IEP meeting held & IEP developed. IEP must be developed (written and sent to parents) within a reasonable amount of time after the IEP planning meeting (recommend within 10 school days). File copy in student’s special education folder.

_____ Send or provide parents (1) copy of IEP and Notice of Proposed Action or Denial and check (Your child’s IEP, IFSP, or IIIP is changed as noted below. The school district will proceed with this change unless you object in writing within 14 calendar days of receiving this notice). Include Parent Rights brochure (4). File copy in student’s special education folder.

_____ Permission form signed by parents returned or 14 calendar days elapse after parent receipt of notice (6). Begin services. If parent disagrees, contact the IEP manager or BRIC Coordinator. File copy in student’s special education folder.
14 calendar day no response date _____

Reports of student progress must be made as often as that for regular education students. Indicate dates and types of reports:
                        _____ Quarter 1 (team meeting, school conference, phone, letter)
                        _____ Quarter 2 (team meeting, school conference, phone, letter)
                        _____ Quarter 3 (team meeting, school conference, phone, letter)
                        _____ Quarter 4 (team meeting, school conference, phone, letter)

(1) Parents may be the student’s biological parents, foster parents, surrogate parents, guardians, etc. Consult the IEP manager or BRIC Coordinator if there are questions about who the parents are.

(2) Reasonable efforts must be made to invite parents to team meetings. This involves more than one attempt including phone calls, letters, and formal notices.

(3) If a student is a resident of another school district, a representative must also be invited from the student’s resident district. Consult the IEP manager.

(4) IDEA 2004 revises requirements regarding the provision of procedural safeguards notice to parents:

A copy of the procedural safeguards … shall be given to the parents only one time a year, except that a copy also shall be given to the parents:

Upon initial referral or parental request for evaluation;
Upon the first occurrence of the filing of a complaint; and
Upon request by a parent.

Internet Web Site—A school district may place a current copy of the procedural safeguards notice on its internet web site if such web site exists.

(5) All students, from age 13 and older or 8th grade or higher, must be invited to any team meeting where transition is discussed.

(6) The 14 calendar days applies only after parent receives notice. This typically would begin 2-3 days after notice was sent.

BRIC COMPREHENSIVE PLAN
SPECIAL EDUCATION
DUE PROCESS ACTIVITY LIST (8-06)

STARTING A NEW SPECIAL EDUCATION FILE (INITIAL EVALUATION)

Student ____________________ Grade _____ School ____________________

This process is to be followed when considering a special education evaluation on a student for the first time (student is currently not receiving special education services). Date and initial when the below actions are completed or filed:

_____ Referral form discussed and processed at Student Support Team (SST).

_____ Assign evaluation manager at SST. ____________________

_____ Attach pre referral documentation or waiver for not conducting pre referral interventions.

_____ Attach Record of Access to Private Education Folder (attach to inside front cover of file).

_____ Attach Student Log to file (this documents parent contacts and other actions regarding the student).

_____ Place Notice of a Private Special Education Folder in the student’s cumulative file (recommend brightly colored paper).

_____ If decision is to propose a special education evaluation, send parents (1) Notice of Team Meeting: Evaluation (2) (3) and check (to discuss development of an evaluation/reevaluation plan). (note: there is no “legal” requirement to conduct evaluation planning meetings. The decision to formally hold such meetings should be made at the building level. It is recommended that such a meeting be held for all initial evaluations. This is to acquaint parents and students with the process and staff involved. It may also be beneficial to hold evaluation planning meetings when the case is complex or when parents request.)

Include Parent Rights brochure (4) and document attempts to invite parents to this meeting. Best practice includes attempting to contact parent by phone and then sending out notice (attempt to notify parent 7-10 days before this meeting). (note: the student must also be invited to any team meeting where transition will be discussed (5)). Provide copy of notice to all invitees. File copy in student’s special education folder.

_____ Team meeting held to develop evaluation plan.

_____ If decision is to evaluate send/provide parents (1) with Notice of an Educational Evaluation/Reevaluation. Include Parent Rights brochure (4). File copy in student’s special education folder.

_____ Written permission received (must have parent’s written permission before an initial evaluation can be conducted. Evaluation must be completed within 30 school days; 45 calendar days for birth through age 2). Be sure parents get copy of signed permission form. File copy in student’s special education folder.
30 school day evaluation completion date _____
45 calendar day birth through age 2 evaluation completion date _____

_____ SST reviews evaluation data for completeness and discusses if the student may be eligible and in need of special education services.

_____ Complete Evaluation Summary Report (remember to also complete final page of ESR). Date of ESR should be on or before the date of the 30 school day/45 school day birth through age 2 evaluation completion date. Recommend providing parents copy of final ESR no more than 10 school days after evaluation review meeting.

_____ Send parents (1) Notice of Team Meeting: Plan (2) (3) and check (to discuss evaluation results and determine if your child is eligible for special education and related services). If it is likely that an Individual Education Plan (IEP) will be developed also check (to consider development of an Individual Education Plan (IEP) or Individualized Family Service Plan (IFSP). If it is likely that transition services will be provided also check (to consider secondary transition needs, services, and development of a transition plan). Include Parent Rights brochure (4) and document attempts to invite parents to this meeting. Best practice includes attempting to contact parent by phone and then sending out notice (attempt to notify parent 7-10 days before this meeting). Document attempts to invite parents to this meeting. (note: the student must also be invited to any team meeting where transition will be discussed (5)). Provide copy of notice to all invitees. File copy in student’s special education folder.

Making Changes to the IEP
IDEA 2004 makes provisions when making changes to a child's IEP after the annual IEP meeting for a school year. If the parent of a child with a disability and the district agree not to convene an IEP meeting for the purposes of making such changes, a written document may be developed to amend or modify the child's current IEP.

Alternative Means of Meeting Participation
IDEA 2004 makes provisions that when conducting IEP team meetings and placement meetings and carrying out administrative matters (such as scheduling, exchange of witness lists and status conferences), the parent of a child with a disability and the district may agree to use alternative means of meeting participation, such as video conferences and conference calls.

_____ Evaluation/IEP meeting held & IEP developed. IEP must be developed (written and sent to parents) within a reasonable amount of time after the IEP planning meeting (recommend within 10 school days). File copy in student’s special education folder.

_____ Send parents (1) copy of IEP and Notice of Proposed Action or Denial and check (Because your child is initially going to receive special education services, the school district will not proceed without your written consent at the bottom of this form. You must sign this form at the bottom and return it before we can proceed). Include Parent Rights brochure (4). File copy in student’s special education folder.

_____ Permission form signed by parents returned. Begin services (services cannot begin for initial placement until parent gives written permission). If parent disagrees, contact the IEP manager or BRIC Coordinator. File copy in student’s special education folder.

Reports of student progress must be made as often as that for regular education students. Indicate dates and types of reports:
                        _____ Quarter 1 (team meeting, school conference, phone, letter)
                        _____ Quarter 2 (team meeting, school conference, phone, letter)
                        _____ Quarter 3 (team meeting, school conference, phone, letter)
                        _____ Quarter 4 (team meeting, school conference, phone, letter)

(2) Reasonable efforts must be made to invite parents to team meetings. This involves more than one attempt including phone calls, letters, and formal notices. Meetings are held at a mutually agreeable time and place.

(3) If a student is a resident of another school district, a representative must also be invited from the student’s resident district. Consult the Evaluation or IEP manager.

(4) IDEA 2004 revises requirements regarding the provision of procedural safeguards notice to parents:

A copy of the procedural safeguards … shall be given to the parents only one time a year, except that a copy also shall be given to the parents:

Upon initial referral or parental request for evaluation;
Upon the first occurrence of the filing of a complaint; and
Upon request by a parent.

Internet Web Site—A school district may place a current copy of the procedural safeguards notice on its internet web site if such web site exists.

(5) All students, from age 13 and older or 8th grade or higher, must be invited to any team meeting where transition is discussed.

BRIC COMPREHENSIVE PLAN
SPECIAL EDUCATION
DUE PROCESS ACTIVITY LIST (8-06)

CONDUCTING A SPECIAL EDUCATION REEVALUATION OR TRANSITION EVALUATION

Student __________________ Grade _ School __________________

This process is to be followed for all students who are due for a three-year reevaluation or transition evaluation. Transition evaluations must be completed before the student reaches age 14 or 9th grade. Note: transition evaluations may occur at a time not coordinated with the comprehensive initial or reevaluation dates. Date and initial when the below actions are completed or filed:

Is this a special education reevaluation? Yes No
Is this a special education transition evaluation? Yes No

_____ Notify IEP manager three months before reevaluation or transition evaluation is due.

_____ Referral &/or referral form discussed and processed at Student Support Team (SST).

_____ Assign evaluation manager at SST (team must include person licensed in the area of the student’s disability). ____________________
(Evaluation Manager)
_____ Attach Record of Access to Private Education Folder if not already in place (attach to inside front cover of file).

_____ Attach Student Log to file if not already in place (this documents parent contacts and other actions regarding the student).

_____ Place Notice of a Private Special Education Folder in the student’s cumulative file if not already in place (recommend brightly colored paper).

_____ Send parents (1) Notice of Team Meeting: Evaluation (2) (3) (to discuss development of an evaluation/reevaluation plan). Best practice includes attempting to contact parent by phone and then sending out notice (attempt to notify parent 7-10 days before the meeting). Include Parent Rights brochure (4) and document attempts to invite parents to this meeting. (note: the student must also be invited to any team meeting where transition will be discussed (5)). Provide copy of notice to all invitees. File copy in student’s special education folder.

_____ Team meeting held to decide what data needs to be collected or if there is no need for further evaluation data.

_____ If decision is to collect evaluation data, send/provide parents (1) with Notice of an Educational Evaluation/Reevaluation. Include Parent Rights brochure (4). File copy in student’s special education folder.

_____ If the decision is there is no need for further evaluation data, send/provide parents (1) with Notice of Educational Evaluation/Reevaluation and check (Based on a review of existing data regarding your child, additional testing is not needed to confirm that your child continues to have a disability and continues to be in need of special education services). Include Parent Rights brochure (4). File copy in student’s special education folder.

_____ Written permission received (must document attempts to obtain parent’s written permission before a reevaluation can be conducted, otherwise can begin reevaluation if no response from parent after 14 school days elapse after parent receipt of notice) (6). Evaluation must be completed within 30 school days.
14 school day no response date _____
30 school day evaluation completion date _____

_____ SST reviews evaluation data for completeness and discusses if the student may be in need of continued special education services or transition services.

_____ Complete Evaluation Summary Report (remember to also complete final page of ESR). Date of ESR should be on or before the date of the 30 school day evaluation completion date. Recommend providing parents copy of final ESR no more than 10 school days after evaluation review meeting.

_____ Send parents (1) Notice of Team Meeting: Evaluation (2) (3) (to discuss evaluation results and determine if your child is eligible for special education services). If it is likely that a revised Individual Education Plan (IEP) will be developed, also check (to consider development of an Individual Education Plan (IEP) or Individualized Family Service Plan (IFSP) or when adding transition goals or activities (to consider secondary transition needs, services, and development of a transition plan). Best practice includes attempting to contact parent by phone and then sending out notice (attempt to notify parent 7-10 days before the meeting). Include Parent Rights brochure (4) and document attempts to invite parents to this meeting. (note: the student must also be invited to any team meeting where transition will be discussed (5)). Provide copy of notice to all invitees. File copy in student’s special education folder.

_____ When a revised IEP is developed it must be written (written and sent to parents) within a reasonable amount of time after the IEP planning meeting (recommend within 10 school days).

_____ When a revised IEP is developed, send parents (1) copy of IEP and Notice of Proposed Action or Denial (Your child’s IEP, IFSP, or IIIP is changed as noted below. The school district will proceed with this change unless you object in writing within 14 calendar days of receiving this notice). Include Parent Rights brochure (4). File copy in student’s special education folder.

_____ Permission form signed by parents returned. Begin services (services can begin for continued placement if no response from parent after 14 calendar days elapse after parent receipt of notice) (6). If parent disagrees, contact the IEP manager or BRIC Coordinator.
14 calendar day no response date _____

(1) Parents may be the student’s biological parents, foster parents, surrogate parents, guardians, etc. Consult the IEP manager or BRIC Coordinator if there are questions about who the parents are.

(2) Reasonable efforts must be made to invite parents to team meetings. This involves more than one attempt including phone calls, letters, and formal notices.

(3) If a student is a resident of another school district, a representative must also be invited from the student’s resident district. Consult the Evaluation or IEP manager.

(4) IDEA 2004 revises requirements regarding the provision of procedural safeguards notice to parents:

A copy of the procedural safeguards … shall be given to the parents only one time a year, except that a copy also shall be given to the parents:

Upon initial referral or parental request for evaluation;
Upon the first occurrence of the filing of a complaint; and
Upon request by a parent.

Internet Web Site—A school district may place a current copy of the procedural safeguards notice on its internet web site if such web site exists.

(5) All students, from age 13 and older or 8th grade or higher, must be invited to any team meeting where transition is discussed.

(6) The 14 calendar days applies only after parent receives notice. This typically would begin 2-3 days after notice was sent.

BRIC COMPREHENSIVE PLAN
SPECIAL EDUCATION
DUE PROCESS ACTIVITY LIST (8-06)

EXTENDED SCHOOL YEAR (ESY)

Student ____________________ Grade _____ School ____________________

IEP Manager ____________________

This process is to be followed for documenting due process requirements when determining the need for ESY services if not decided at the annual IEP meeting (need for more data checked on IEP). Date and/or initial when the below actions are completed or filed:

Consolidation of IEP Meetings
IDEA 2004 makes provisions that to the extent possible, the district will encourage the consolidation of reevaluation meetings and other IEP team meetings for the child.

_____ IEP meeting held & ESY services plan developed. ESY must be made part of the IEP (written and sent to parents) within a reasonable amount of time after the IEP planning meeting (recommend within 10 school days). File copy in student’s special education folder._____ Send or provide parents (1) copy of IEP, ESY Plan, Notice of Proposed Action or Denial and check (Your child’s IEP, IFSP, or IIIP is changed as noted below. The school district will proceed with this change unless you object in writing within 14 calendar days of receiving this notice). Include Parent Rights brochure (4). File copy in student’s special education folder. _____ Permission form signed by parents returned or 14 calendar days elapse after parent receipt of notice (6). Begin services. If parent disagrees, contact the IEP manager or BRIC Coordinator. File copy in student’s special education folder.
14 calendar day no response date _____ (1) Parents may be the student’s biological parents, foster parents, surrogate parents, guardians, etc. Consult the IEP manager or BRIC Coordinator if there are questions about who the parents are.

(2) Reasonable efforts must be made to invite parents to team meetings. This involves more than one attempt including phone calls, letters, and formal notices.

(3) If a student is a resident of another school district, a representative must also be invited from the student’s resident district. Consult the IEP manager.

(4) IDEA 2004 revises requirements regarding the provision of procedural safeguards notice to parents:

A copy of the procedural safeguards … shall be given to the parents only one time a year, except that a copy also shall be given to the parents:

Upon initial referral or parental request for evaluation;
Upon the first occurrence of the filing of a complaint; and
Upon request by a parent.

Internet Web Site—A school district may place a current copy of the procedural safeguards notice on its internet web site if such web site exists.

(5) All students, from age 13 and older or 8th grade or higher, must be invited to any team meeting where transition is discussed.

(6) The 14 calendar days applies only after parent receives notice. This typically would begin 2-3 days after notice was sent.

BRIC COMPREHENSIVE PLAN
SPECIAL EDUCATION
DUE PROCESS ACTIVITY LIST (8-06)

SPECIAL EDUCATION TRANSFER STUDENT

Student ____________________ Grade _____ School ____________________

This process is to be followed on students who have a current IEP and have transferred in from another school district. It is recommend to hold an IEP meeting within 10 days of the student’s enrollment. It is also recommended that the BRIC Coordinator review all new special education files.

Some Considerations for Student Support Team (SST)...
• Has the special education file from the previous school been received?
• Review the file thoroughly for evaluation summaries or other data.
• If the student is from a school district outside Minnesota, does the evaluation data support Minnesota criteria eligibility for which the student is being served?
• Is there need for further evaluation?
• Can the IEP be implemented as written?
• The assumption is made that students transferring from another Minnesota school district will have met due process and eligibility standards. If the file is incomplete or does not support eligibility, follow the below procedures (SST determines which scenario activity checklist needs to be completed):

Scenario #1: Student with a current Individual Education Plan (IEP) enrolls from another district and the SST determines the evaluation data is complete which supports Minnesota eligibility criteria and the IEP can be implemented as written.

Date and initial when the below actions are completed or filed:

_____ SST meets to review new student’s folder. An IEP manager is assigned (team must include person licensed in the area of the student’s disability).
____________________
(IEP Manager)

_____ Attach Record of Access to Private Education Folder if not already in place (attach to inside front cover of file).

_____ Attach Student Log to file if not already in place (this documents parent contacts and other actions regarding the student).

_____ Place Notice of Private Special Education Folder in the student’s cumulative file if not already in place (recommend brightly colored paper).

_____ Send parents (1) Notice of Team Meeting: Plan (2) (3) and check (to review your child’s IEP or IFSP, including consideration of extended school year services, and revise the IEP or IFSP as needed). Best practice includes attempting to contact parent by phone and then sending out notice (attempt to notify parent 7-10 days before the meeting). Include Parent Rights brochure (4) and document attempts to invite parents to this meeting. (note: the student must also be invited to any team meeting where transition will be discussed (5)). Provide copy of notice to all invitees. File copy in student’s special education folder.

_____ Team meeting held.

_____ If using another district’s IEP, the special education data base form must be completed and sent to BRIC. (note: parent permission is not required to continue the current IEP as long as the parent is satisfied with the current IEP)

Scenario #2: Student with a current IEP enrolls from another district and the SST
determines the evaluation data is incomplete or does not support Minnesota eligibility criteria.

_____ SST meets to review new student’s folder. If further evaluation data is needed, an evaluation manager is assigned. ____________________
(Evaluation Manager)
_____ Attach Record of Access to Private Education Folder if not already in place (attach to inside front cover of file).

_____ Attach Student Log to file if not already in place (this documents parent contacts and other actions regarding the student).

_____ Place Notice of Private Special Education Folder in the student’s cumulative file if not already in place (recommend brightly colored paper).

_____ Send parents (1) Notice of Team Meeting: Evaluation (2) (3) and check (to discuss development of an evaluation/reevaluation plan). (note: there is no “legal” requirement to conduct such meetings. It is suggested that the decision to formally hold such meetings be made at the building level. It is recommended that such a meeting be held for all initial evaluations. This is to acquaint parents and students with the process and staff involved. For reevaluations, it is recommended that the IEP manager contact the parent by phone or letter to discuss or inform them of the plan, developing the evaluation plan, and send out the permission form (enclosing parental safeguards). It may be beneficial to hold evaluation planning meetings for reevaluations when the case is complex or when parents request).

Best practice includes attempting to contact parent by phone and then sending out notice (attempt to notify parent 7-10 days before the meeting). Include Parent Rights brochure (4) and document attempts to invite parents to this meeting. (note: the student must also be invited to any team meeting where transition will be discussed (5)). Provide copy of notice to all invitees. File copy in student’s special education folder.

_____ Team meeting held.

_____ If decision is to evaluate, send/provide parents (1) with Notice of an Educational Evaluation/Reevaluation. Include Parent Rights brochure (4). File copy in student’s special education folder.

_____ Permission form signed by parents returned or no response after 14 calendar days after parent receipt of notice (6). (due process follows reevaluation procedures for students who enter the district with a current IEP. Evaluation must be completed within 30 school days). File copy in student’s special education folder.
14 calendar day no response date _____
30 school day evaluation completion date _____

_____ SST reviews evaluation data for completeness and discusses if the student may be in need of continued special education services.

_____ Send parents (1) Notice of Team Meeting: Evaluation (2) (3) and check (to discuss evaluation results and determine if your child is eligible for special education and related services). Best practice includes attempting to contact parent by phone and then sending out notice (attempt to notify parent 7-10 days before the meeting). If it is likely that an Individual Education Plan (IEP) will be developed, also check (to consider development of an Individual Education Plan (IEP) or Individualized Family Service Plan (IFSP). Include Parent Rights brochure (4) and document attempts to invite parents to this meeting. (note: the student must also be invited to any team meeting where transition will be discussed (5)). Provide copy of notice to all invitees. File copy in student’s special education folder.

_____ If eligibility cannot be supported send or provide parents (1) Notice of Proposed Action or Denial and check (The school district recommended that all current special education and related services be discontinued and will proceed with this change unless you object in writing within 14 days of receiving this notice). Include Parent Rights brochure (4). File copy in student’s special education folder.

_____ Evaluation/IEP meeting held & IEP developed. IEP must be developed (written and sent to parents) within a reasonable amount of time after the IEP planning meeting (recommend within 10 school days). File copy in student’s special education folder.

_____ Send parents (1) copy of IEP and Notice of Proposed Action or Denial and check (Your child’s IEP, IFSP, or IIIP is changed as noted below. The school district will proceed with this change unless you object in writing within 14 calendar days of receiving this notice). Include Parent Rights brochure (4). File copy in student’s special education folder.

_____ Permission form signed by parents returned. Begin services (services can begin for continued placement if no response from parent after 14 calendar days after parent receipt of notice) (6). If parent disagrees, contact the IEP manager or BRIC Coordinator. File copy in student’s special education folder.
14 calendar day no response date _____

(note: the district must comply with the current IEP in providing services until eligibility status is determined or the district may develop an interim IEP as long as the parents agree with their written permission)

For an interim IEP…

_____ Provide parents (1) with Notice Of Proposed Action or Denial and check (Your child’s IEP, IFSP, or IIIP is changed as noted below. The school district will proceed with this change unless you object in writing within 14 calendar days of receiving this notice). If eligibility cannot be supported check (The school district recommended that all current special education and related services be discontinued and will proceed with this change unless you object in writing within 14 days of receiving this notice). Include Parent Rights brochure (4). File copy in student’s special education folder.

Scenario #3: Student with a current IEP enrolls in the district from another district and the SST determines the evaluation data supports Minnesota eligibility criteria but the district wishes to change the IEP.

(note: if considering a change in level of placement, this change requires parental permission or 14 calendar days elapse with no response after parent receipt of notice before enacting the placement. The IEP should reflect changes and then obtain the parent’s permission through use of sending parents copy of IEP and Notice of Special Education Services and check (your child begin to receive special education services. The school district will proceed with this change unless you object in writing within 10 school days of receiving this notice (IEP or IFSP attached). see also Change in Level of Placement Due Process Requirements.)

_____ SST determines that the IEP needs to be changed. An IEP manager is assigned (team must include person licensed in the area of the student’s disability).
____________________
(IEP Manager)

_____ Attach Record of Access to Private Education Folder if not already in place (attach to inside front cover of file).

_____ Attach Student Log to file if not already in place (this documents parent contacts and other actions regarding the student).

_____ Place Notice of Private Special Education Folder in the student’s cumulative file if not already in place (recommend brightly colored paper).

_____ Send parents (1) Notice of Team Meeting: Plan (2) (3) and check (to review your child’s IEP or IFSP, including consideration of extended school year services, and revise as needed). Include Parent Rights brochure (4) and document attempts to invite parents to this meeting. Best practice includes attempting to contact parent by phone and then sending out notice (attempt to notify parent 7-10 days before the meeting). (note: the student must also be invited to any team meeting where transition will be discussed (5)). Provide copy of notice to all invitees. File copy in student’s special education folder.

_____ Team meeting held and IEP reviewed and revised.

_____ Send/provide parents (1) with Notice of Proposed Action or Denial and check (Your child’s IEP, IFSP, or IIIP is changed as noted below. The school district will proceed with this change unless you object in writing within 14 calendar days of receiving this notice). If eligibility cannot be supported check (The school district recommended that all current special education and related services be discontinued and will proceed with this change unless you object in writing within 14 days of receiving this notice) and a copy of the new IEP. Include Parent Rights brochure (4). File copy in student’s special education folder.

_____ Permission form signed by parents returned or no response after 14 calendar days after parent receipt of notice (6). (due process follows reevaluation procedures for students who enter the district with a current IEP). File copy in student’s special education folder.

14 calendar day no response date _____

For an interim IEP…

Reports of student progress must be made as often as that for regular education students. Indicate dates and types of reports:
                                    _____ Quarter 1 (team meeting, school conference, phone, letter)
                                    _____ Quarter 2 (team meeting, school conference, phone, letter)
                                    _____ Quarter 3 (team meeting, school conference, phone, letter)
                                    _____ Quarter 4 (team meeting, school conference, phone, letter)

(1) Parents may be the student’s biological parents, foster parents, surrogate parents, guardians, etc. Consult the IEP manager or BRIC Coordinator if there are questions about who the parents are.

(2) Reasonable efforts must be made to invite parents to team meetings. This involves more than one attempt including phone calls, letters, and formal notices.

(3) If a student is a resident of another school district, a representative must also be invited from the student’s resident district. Consult the IEP manager.

(4) IDEA 2004 revises requirements regarding the provision of procedural safeguards notice to parents:

A copy of the procedural safeguards … shall be given to the parents only one time a year, except that a copy also shall be given to the parents:

Upon initial referral or parental request for evaluation;
Upon the first occurrence of the filing of a complaint; and
Upon request by a parent.

Internet Web Site—A school district may place a current copy of the procedural safeguards notice on its internet web site if such web site exists.

(5) All students, from age 13 and older or 8th grade or higher, must be invited to any team meeting where transition is discussed.

(6) The 14 calendar days applies only after parent receives notice. This typically would begin 2-3 days after notice was sent.

BRIC COMPREHENSIVE PLAN
SPECIAL EDUCATION
DUE PROCESS ACTIVITY LIST (8-06)

DISCONTINUATION OF SPECIAL EDUCATION SERVICES

Student ____________________ Grade _____ School ____________________

This process is to be followed when considering discontinuation of special education services. Discontinuation of services may be considered in such cases as when the student meets IEP goals, is no longer in need of services, graduates, or “ages-out” (special education services may be provided up to July 1 after which the student has turned 21 years of age).

Note: As part of the IEP review, called an Exiting Review, the IEP team must make a determination of eligibility of the student following the procedures for evaluation and determination of eligibility. The team does not necessarily need to conduct a formal evaluation unless further information is needed to determine that the student continues to have a disability. If no additional information is needed the parents must be notified of the reasons no additional information is needed and the right of the parent to request an evaluation. The evaluation process is not required for those students who are graduating or will “age-out”. Date and initial when the below actions are completed or filed:

_____ Send parents (1) Notice of Team Meeting: Plan (2) (3) and check (to review your child’s IEP or IFSP and revise as needed). Best practice includes attempting to contact parent by phone and then sending out notice (attempt to notify parent 7-10 days before the meeting). Include Parent Rights brochure (4) and document attempts to invite parents to this meeting. (note: the student must also be invited to any team meeting where transition will be discussed (5)). Provide copy of notice to all invitees. File copy in student’s special education folder.

_____ If decision is to collect evaluation data, send/provide parents (1) with Notice of an Educational Evaluation/Reevaluation. (note: there is no “legal” requirement to conduct evaluation planning meetings. The decision to formally hold such meetings should be made at the building level. It is recommended that such a meeting be held for all initial evaluations. This is to acquaint parents and students with the process and staff involved. For reevaluations, it is recommended that the IEP manager contact the parent by phone or letter to discuss or inform them of the plan, developing the evaluation plan, and send out the permission form (enclosing parental safeguards). It may be beneficial to hold evaluation planning meetings for reevaluations when the case is complex or when parents request). Include Parent Rights brochure (4). File copy in student’s special education folder.

_____ Written permission received (must document attempts to obtain parent’s written permission before a reevaluation can be conducted, otherwise can begin reevaluation if no response from parent after 14 calendar days elapse after parent receipt of notice. Evaluation must be completed within 30 school days.
14 calendar day no response date _____
30 school day evaluation completion date _____

_____ Send parents (1) Notice of Team Meeting: Evaluation (2) (3) (to discuss evaluation results and determine if your child is eligible for special education services). If it is likely that a revised Individual Education Plan (IEP) will be developed, also check (to consider development of an Individual Education Plan (IEP) or Individualized Family Service Plan (IFSP) or when adding transition goals or activities (to consider secondary transition needs, services, and development of a transition plan). Best practice includes attempting to contact parent by phone and then sending out notice (attempt to notify parent 7-10 days before the meeting). Include Parent Rights brochure (4) and document attempts to invite parents to this meeting. (note: the student must also be invited to any team meeting where transition will be discussed (5)). Provide copy of notice to all invitees. File copy in student’s special education folder.

_____ If the decision is there is no need for further evaluation data, send/provide parents (1) with Notice of Educational Evaluation/Reevaluation and check (Based upon a review of existing data regarding your child, additional testing is not needed to confirm that your child continues to have a disability and continues to be in need of special education services.)(note: reasons for the team’s decision that no additional data are needed must be summarized which includes listing existing evaluation data, current observation data, class work samples, information from teachers and others, current performance data, etc. This summary may be attached or be included on the Notice of Proposed Action) Include Parent Rights brochure (4). File copy in student’s special education folder._____ If the decision is to discontinue all special education services, send/provide parents (1) Notice of Proposed Action or Denial and check (The school district recommended that all current special education and related services be discontinued. The school district will proceed with this change unless you object in writing within 14 calendar days of receiving this notice.) (1) Parents may be the student’s biological parents, foster parents, surrogate parents, guardians, etc. Consult the IEP manager or BRIC Coordinator if there are questions about who the parents are. (2) Reasonable efforts must be made to invite parents to team meetings. This involves more than one attempt including phone calls, letters, and formal notices. Meetings are held at a mutually agreeable time and place.

(3) If a student is a resident of another school district, a representative must also be invited from the student’s resident district. Consult the Evaluation or IEP manager.

(4) IDEA 2004 revises requirements regarding the provision of procedural safeguards notice to parents:

A copy of the procedural safeguards … shall be given to the parents only one time a year, except that a copy also shall be given to the parents:

Upon initial referral or parental request for evaluation;
Upon the first occurrence of the filing of a complaint; and
Upon request by a parent.

Internet Web Site—A school district may place a current copy of the procedural safeguards notice on its internet web site if such web site exists.

(5) All students, from age 13 and older or 8th grade or higher, must be invited to any team meeting where transition is discussed.

TSES

Identification System Standards

BRIC School districts have developed a system designed to identify persons with disabilities beginning at birth, students with disabilities attending school, and persons with disabilities who are of school age and are attending private school or who are not attending any school. The district’s identification system is developed in accordance with the requirement of nondiscrimination and included in the BRIC’s total special education system (TSES) plan. (M.R. 3525.0750)K

1.1 Identification Within the Community
Member districts of the Area Special Education Cooperative (BRIC) conduct on-going activities designed to identify pupils who may require special education. These activities shall include, but are not limited to:

1.1.1 Public Awareness
Member districts in cooperation with the Area Special Education Cooperative and the county Interagency Early Intervention Committee (IEIC), prepare and disseminate information regarding available services and the referral procedures for learners with disabilities who are eligible for special education services. Each district insures that such information is available in the native language of its non-English speaking residents. Dissemination may be made by public news releases (i.e., newspapers, radio, etc.), school bulletins, brochures, speaking engagements to parent and civic groups, etc. Records of news releases, speaking engagements and copies of disseminated information shall be maintained by the District and/or Cooperative as appropriate.

1.1.2 Public Awareness for Infant and Toddler Services
The districts and cooperative personnel, along with the county IEIC committees, provide information regarding early identification of children, available services, referral procedures, forms, etc. to all community agencies, groups and individuals who have contact with pupils ages birth through 21 years old. Community agencies and groups shall include, but are not limited to:

1. Physicians, clinics and hospitals;
2. Public health agencies;
3. Public and private social service agencies;
4. Public and private schools;
5. Head Start, preschools, nurseries and day care facilities;
6. Mental health service agencies; and
7. Local chapters of parent and lay associations

The focus of the public awareness program is to provide information about the state's early intervention program, the local child find system including the purpose and scope of the system; how to make referrals and how to gain access to a comprehensive multidisciplinary evaluation and other early intervention services; and the central directory

Each interagency early intervention committee in each of the BRIC counties, have developed a public awareness system designed to inform potential families of available programs and services and have implemented interagency child find systems designed to seek out, identify, and refer infants and young children with, or at risk of, disabilities and their families. Minn. Stat 125A30(b)(1)-(2)

Interagency Early Intervention Committee (IEIC) Responsibilities

The school districts within the Area Special Education Cooperative, in cooperation with the health and human service agencies located in each county in which the BRIC district's are located, have established an interagency early intervention committee for children with disabilities under age five and their families and for children with disabilities ages three to 22. Minn Stat. 125A.30(a)

The committees include representatives of local and regional health, education, county human service agencies, county boards, school boards, early childhood family education programs, parents of young children with disabilities under age 12, current service providers, and when appropriate, representatives from other private or public agencies and school nurses.

The interagency early intervention committee in each county, has developed and implemented interagency policies and procedures to coordinate services at the district level for children with disabilities regarding the following:

1. Develop public awareness systems designed to inform potential recipient families of available programs and services.

2. Implement interagency child find systems designed to actively seek out, identify, and refer infants and young children with, or at risk of, disabilities and their families.

3. Establish and evaluate the identification, referral, child and family assessment systems, procedural safeguard process, and community learning systems to recommend, and where necessary, alterations and improvements.

4. To assure the development of individualized family service plans for all eligible infants and toddlers with disabilities from birth through age two, and their families, and individual education plans and individual service plans when necessary to appropriately serve children with disabilities, age three and older and their families and recommend assignment of financial responsibilities to the appropriate agencies.

5. Encourage agencies to develop individual family service plans for children with disabilities, age three and older.

6. Implement a process for assuring that services involve cooperating agencies at all steps leading to individualized programs.

7. Facilitate the development of a transitional plan if a service provider is not recommended to continue to provide services.

8. Identify the current services and funding being provided within the community for children with disabilities under age five and their families.

9. Develop a plan for allocation and expenditure of state and federal early intervention funds.

10. Develop a policy to enable a member of the interagency early intervention committee to allow another member access to data classified as not public. Minn. Stat. 125A.30(b)

Each committee must include representatives of local and regional health, education, and county human service agencies, county board, school boards, early childhood family education programs, parents of young children with disabilities under age 12, current service providers, and may also include representatives from other private or public agencies and school nurses.

Hearing/Vision Impairment Identification

Under construction. Contact BRIC Coordinator.

1.2 Child Find
The school districts within the BRIC, have a process in place for identifying children with disabilities beginning at birth. Children from birth through age five are referred by parents, physicians and other agencies to the central point of intake at county nursing service. The facilitator with input from the family involves the appropriate agencies that may provide services to the child and family. For school age children attending either attending a public or private school or children with disabilities who are of school age and are not attending school, referrals can be made to the building student assistance team. The student assistance team will process the referral, obtain parent input and permission to evaluate, and involve the appropriate team members from the school and other agencies, as appropriate.