March 02, 2023 | KY-SPIN

>>AMBER:  Hello and welcome back or welcome for the first time, if you are just joining us for the first time, of our preparing for the admissions and release committee.

Today is session three and this is ‑‑ meeting ‑‑ huh ‑‑ meetings of the IEP Team.  I do want to go over just a few housekeeping items to begin with.

Excuse me ‑‑ the chat and question and answer box has been enabled...

>>AMBER:  Hello and welcome back or welcome for the first time, if you are just joining us for the first time, of our preparing for the admissions and release committee.

Today is session three and this is ‑‑ meeting ‑‑ huh ‑‑ meetings of the IEP Team.  I do want to go over just a few housekeeping items to begin with.

Excuse me ‑‑ the chat and question and answer box has been enabled.  Feel free throughout the presentation, if you have questions, throw them in there.  We have staff on here that will notify me or ‑‑ assist in answering these questions.

We do ask for grace.  We work from home.  You never know when a situation may arise with internet ‑‑ hmm ‑‑ or the computer or an animal may pop in the background or bark to say hello.

And most importantly, make sure your taking care of yourself.  If you need to step away for a moment, take that time.

We are recording these series.  So if you have missed a moment of the presentation because you need to take care of a personal issue, do that.  We want you to be comfortable as well why we are going through the learning process.


Kentucky Special Parent Involvement Network.  For the ones that don’t know who we are.  Here’s some information.  We were founded by the U.S. Department of Education under IDEA since 1988 when Kentucky first received a PTI.  Kentucky SPIN Parent Center provides support and training and information for children and youth with all types of disabilities birth age 26 years old and beyond, their parents, families and professionals.

It’s also important to note we don’t require a diagnosis.  If you are aware of a disability or ‑‑ a disability isn’t even on your radar, we will not turn you away.  We are here to assist anybody and everybody that we can.

It’s easier for us to tell you what we do ‑‑ I’m sorry ‑‑ what we do not do as opposed to what we do.  Because we do so much to help assist families.  We are not attorneys or act as advocates.

However, our role is to empower families to effectively advocate for their children as well as youth to advocate for themselves.  We do this by utilizing a peer‑to‑peer model and supports to help families access needed information and resources.

So ‑‑ today, it is going to be meetings of the IEP Team.  So section three.  And next week will be our last session.  As you see on the screen, we are going over least restrictive environment and decision‑making next week.  We hope to see you back for that as well.

Meetings of the IEP Team.

Describe what the idea of 2004 requires with respects to meetings of the IEP Team and what goes on there.

And ‑‑ if you don’t care, in the chat box, I would like for you to list one word that describes your feeling about IEP meetings.

And this is completely nonjudgmental.  So good, bad or indifferent, what’s one word that you feel can describe IEP meetings?

[Pausing for response.]

>>AMBER:  Oh, I like that one.  Overwhelming.


Those are some good ones.  You know, some IEP meetings can be absolutely wonderful.  And can go completely stress free.  And can be really a resolve to that child’s needs and educational success.  We understand sometimes, they don’t go as easy as we would like.  And they can be stressful.  Because we may not understand words that are being used or evaluation results that might be given.

So it can seem overwhelming.  There might be a disagreements amongst ourselves as parents and the professionals in the educational setting.  And that’s okay.

To feel overwhelmed or feel stressed out sometimes.

But hopefully, as we go through this part ‑‑ this session of the series, you will feel more ‑‑ hmm ‑‑ comfortable in how to resolve some of the situations.

So words to know.

Admissions release committee or ARC is a group of individuals responsible for developing, reviewing, or revising the individual education program for a child with a disability.  Composed of the child’s parents, child or youth, if appropriate, regular education teacher of the child or youth, special education teacher of the child or special education teacher who is ‑‑ excuse me ‑‑ knowledgeable about the child’s suspected disability, a representative of the LEA ‑‑ of the ‑‑ a representative or LEA knowledgeable about the general curriculum and the availability of resources, an individual who can interpret the evaluation results, an individual who can interpret the instructional implications of the evaluation results, an individual who has knowledge or special expertise regarding the child related services personnel as appropriate, also referred to as the IEP Team.

Prior written notice or PWN.  That is informs parent of their rights.

It is a form that the school must use to tell parents why they’re doing what they’re doing and why they are not doing what they are doing.  They must tell parents in writing.

State education agency, SEA, Kentucky Department of Education.  A local education agency, LEA, local public school district.

Everything you wanted to know about IEP Team meetings, scheduling the meeting, developing the IEP, special factors, IEP Team must consider, excusing a member from the meeting, and implementing the IEP.

This session also looks at reviewing and revising the IEPs, when the IEP can be amended without an IEP Team meeting and special IEP situations.  Who must a public agency include on the IEP Team?

Parents, special educator, regular educator, a representative of the district, someone to interpret evaluation results, others with knowledge or special expertise about the child.

So what’s in the IEP?

The child’s present levels of academic performance and achievement and functional performance including, how the child’s disabilities affects the child’s involvement and progress in a general education curriculum.  The same curriculum as for nondisabled children.

For preschool children, as appropriate, how the disability affects the child’s participation in appropriate activities.  Measurable annual goals, including academic and functional goals designed to meet the child’s need that results from the child’s disability to enable the child to be involved in and make progress in the general education curriculum, and meet each of the child’s other educational needs that result from the child’s disability.

As a general, as used in this part, the term individual education program or IEP, means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting.

Functional performance includes, how the child’s disability affects the child’s involvement in the progress in the general education curriculum.

For preschool children, as appropriate, how the disability affects the child’s participation in the appropriate activities.

A functional goal designed to meet a child’s need that results from the child’s disability to enable the child to be involved and make progress, the child’s disability.  For children with disability who take at gnat assessments ‑‑ alternate assessments, align to alternate achievement standards and the description of benchmark or short‑term objectives.  And just ‑‑ so that we are aware, an alternate assessment or an alternate diploma is going to be different than just a general ‑‑ generalized education diploma that a student receives in order to graduate.

Supplementary aids and services based on peer reviewed research to the extent practice ‑‑

[Audio cutting in and out.]  ‑‑ practical to provide to the child or on behalf of the child and statement of the program modifications or supports for school personnel.

Transfer of parental rights at age of majority.  A state may provide that when a child with a disability reaches the age of majority and that’s age 18, under state law, that applies to all children.  For a child with a disability who has been determined to be incompetent under state law, the public agency must provide any notice required by the ‑‑ by this part to both the child and the parents.

Children who are incarcerated in an adult or juvenile state or local correctional institute, whenever states provide for the transfer of rights under this part pursuant to this paragraph of the section, the agency must notify the child and the parents of the transfer of rights.

A state must establish procedures for appointing the parent of a child with a disability or if the parent is not available, another appropriate individual to represent the educational interests of the child through the that period of the child’s eligibility under part B of the act.  If under state law, a child who has reached the age of majority but has not been determined to be incompetent can be determined not to have the ability to provide informed consent with respect to the child’s education program.

An explanation of the extent, if any, to which the child will not participate with nondisabled children in a regular class, a statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance ‑‑ of the child on the state and district‑wide assessments.  State or district‑wide assessments of students achievement, a statement of why ‑‑ if the IEP team determines that the child must take an alternate assessment instead of a particular regular state or district‑wide assessment of the student.

The child cannot participate in the regular assessment, and the particular alternate assessment selected is appropriate for the child, and the projected date for the beginning of the service and modifications and the anticipated frequency, location, and duration of those services and modifications.

>>RHONDA:  Well, and Amber ‑‑ I just want to mention there too on the alternate assessment, just sort of ‑‑ a reminder, only one percent of the total population of children with disabilities that have an IEP should be on alternate assessment.  So that is a very low number of the children who would be on that.  Again, it should be decided on an individual basis on what’s appropriate and best for that child.  Not based on the disability they have, but what is appropriate for them.
>>AMBER:  Yes.  Absolutely.  And it is a process of several different factors.

So it wouldn’t be a factor of well, this child has this diagnosis, or this child has ‑‑ hmm ‑‑ an IQ at that level ‑‑ this child ‑‑ it would have to be several different factors coming into play and what’s best for that individual student.

As we continue to look at what’s in the IEP, transition services beginning not later than the first IEP to be in effect when the child turns 16 or younger, if determined appropriate by the I am team and ‑‑ IEP ‑‑ updated annually and therefore the IEP must include appropriate secondary level goals based upon age appropriate transition assessments, related to training, education and employment and where appropriate independent living skills.

The transition services including courses of study needed to assist the child in reaching the goals.  Transfer of rights at age of majority beginning no later than one year before the child reaches the age of majority.  Under state law, the IEP must include a statement that the child has been informed of the child’s rights under part B of this act.

>>RHONDA:  Amber ‑‑
>>AMBER:  Yes, ma’am.
>>RHONDA:  Could you please go to the next slide.  I think we are off a little bit on the slides.  Thank you, Susan.  If ‑‑ I think ‑‑ hmm ‑‑ so we’ll get that lined out there.  We’ll a little bit off on the slides here for a minute.
>>AMBER:  Oh, I’m sorry about that.

Hmm ‑‑ and ‑‑ the IEP must include a statement that the child has been informed of the child’s rights under part B of the act, if any, that will transfer to the child on reaching the age of majority, which is 18 in the State of Kentucky.  And also, Kentucky, I want to clarify because it says here as the child turns 16 or younger if determined.  So in Kentucky, that would be ‑‑ age 14 or grade 8, whichever comes first.

So it would be just a little bit younger to start those transition ‑‑ to start the transition process.

Coming together is a beginning, keeping together is progress, working together is success.  What word repeats here more than any other word?

And the answer is together.

This quote implies that working together doesn’t just happen.  If working together well doesn’t just happen, what makes it ever happen?

Think of the best team you have ever worked on, and what made that team successful?  If you don’t mind throwing that into the chat.  Thinking back to the best team you have ever worked on or worked with, why was that team so successful?


[Pausing for response.]

>>AMBER:  And while I’m giving you a moment to do that, I’ll go on a little bit but come back to the answers.  So IEP teams as diverse groups, by the very requirements of IDEA, IEP teams are made up of individuals who bring different perspective and expertise to the table.

This diversity is intended to invest the team with the ability to craft an individualized response to a specific child’s individual needs.  Taking into account that some ‑‑ the same child’s individual strengths and talents, the law makes it clear this is the goal of an IEP meeting and the team itself.  Developing an IEP that’s appropriate for that individual child.

Thus, by design, an IEP team brings together two of the greatest assets research tells us that a team can have.  And I’m going to go back and check and see.  We value each other.

And inclusivity.  And absolutely.

And that’s what it’s all about.  Bring the best of both worlds together and sharing the expertise.  You know, we hear a lot of times, you know, I’m just the parent.  Or how many times a parent ‑‑ as a parent have we said I’m just the parent.  But we bring a wealth of knowledge from being just the parent.  Things that educators don’t always get to see about our children.  Their likes and dislikes.

And when we are teaming up with the educators, they bring a wealth of knowledge into specific areas that we may have not went to school for or studied for.  And help bring a better understanding as to why our child does something ‑‑ hmm ‑‑ you know ‑‑ from a clinical standpoint or an educational standpoint.

And when we bring all of this together, it only benefits our student even more.

>>RHONDA:  Well, I think too, outside of the student themselves who is the most important member and part of the team, the parent ‑‑ hmm ‑‑ is the most important as well.  Hmm ‑‑ because there’s so much that we do bring to the table.  And we are experts in our children and our families.  And that is invaluable.
>>AMBER:  Absolutely.

This slide focuses on the first meeting after the child is found to be eligible for special education and related services.

IDEA 2004 maintains the requirement of all previous versions of the law since 1977 that the meeting to develop the child’s IEP must be held within 30 days of the determination that the child needs special education and related services.

You can find this regulation on handout D‑14.  Which we’ll definitely provide to you.  It’s probably already put ‑‑ been put in the chat box as well.

A meeting to develop an IEP for a child is conducted within 30 days of the determination that the child needs special education and related services.

And as soon as possible, following the development of the IEP, special education and related services are made available to the child in accordance with the child’s IEP.

So ‑‑ once an eligibility determination is made, that the child needs special education related services, the first IEP meeting must occur within 30 days.

Scheduling the IEP meeting.

This provision appears in handout D‑4.  Each public agency must take steps to ensure that one or both of the parents of the child with a disability are present for each IEP Team meeting or are afforded the opportunity to participate.  Notifying parents of the meeting early enough to ensure that they will have an opportunity to attend and scheduling the meeting an a mutually agreed upon time and place.

The notice required under paragraph A one of this section must indicate the purpose, time, and location of the meeting as well as who will be in attendance.

Inform the parents of the provision and special expertise about their child.

Under Part C, initial IEP team meeting for the child under Part C, in this case, of the child who was previously served under Part C of the act an invitation to the initial IEP team meeting must ‑‑ at the request of the parent, be sent to Part C service coordinators or other representatives of Part C system to assist with the smooth transition of services.

For older students ‑‑

[Background noise.]

>>RHONDA:  I was going to say, Amber, the part ‑‑ hmm ‑‑ the Part C that Amber’s talking about, that is the early intervention, which is the birth to 3, so if your child was in first steps or now it’s been renamed as the early intervention system.

So that is when she’s referring to those meetings where you would transfer and go from your ISFP through the early intervention system through the school system for an IEP at age 3.  So I just wanted to clarify that.  If you were not familiar with what Part C is.
>>AMBER:  Thank you for that.

Ensuring parent participation.

The public agency must take whatever action is necessary to ensure that the parent understands the proceedings of the IEP Team meeting, including, arranging from an interpreter for parents, when deafness or those native language that is other than English.

If a parent feels that they require an interpreter to understand the proceedings of an IEP meeting, than rather than assume such arrangement will be made by the public agency, it would be prudent for the parent to inform the school system that the parent will need an interpreter for the meeting.

Developing the IEP.

Strengths of the child.  Concerns of parents for enhancing their child’s education.

Results of the child’s initial evaluation or most recent evaluation.

Academic, development and functional needs of the child.

And these are all things that the IEP Team must consider in order to create one.

Special factors to consider.  An IEP team must consider special factors associated with children whose behaviors impede their own learning or the learning of others.

IDEA 2004 retains the requirements without substantiative change from IDEA 2007.  The discussion below highlights the importance of the special factors.

The regulations considered for all special factors appear in handout D‑13.

Consideration of special factors, the IEP team must, in this case of a child whose behavior impedes the child’s learning and that of others, consider the use of a positive behavioral intervention supports and other strategies to address the behaviors.

To address the special factors, the IEP must ask:  Does the child’s behavior interfere with his or her learning or the learning of others?  If the answer is yes, then the team must talk about what the child needs and include the information into the IEP.

Special factors to consider continued.  Language and communication needs of the children with limited English proficiency.  The term limited English proficient, when used with respect to an individual, means an individual who is aged 3 through 21 who is enrolled or preparing to enroll in an elementary school or secondary school, and who is not born in the United States or who’s native language is a language other than English.

Instruction in braille and the use of braille for children who are blind or visually impaired.  The IEP team will need to provide for instruction in braille and the use of braille unless the team determines that instruction in braille or the use of braille is not appropriate for that child.

And the team can only determine that after an evaluation of the child’s reading and writing skills and appropriate reading and writing media, such as an evaluation also must include an evaluation of the child’s future needs for instruction in braille or the use of braille.

>>RHONDA:  Well, I think it’s important too to bring up ‑‑ because not in the one of the things and the great things about the special factors that we need to consider, I’ll give you the example ‑‑ my brother is legally blind.  But braille never would work for him because of his physical disability, the cerebral palsy.  Always on grant’s IEP’s, I was identified that he did ‑‑ he was ‑‑ hmm blind or visually impaired.

And we would answer the question that braille was appropriate but we had to come up with another game plan of what would be able to help him and be individualized for his needs.  Those things are really important.  Whether you are looking at behavior or ‑‑ you know, or any of the special factors.  Because those things play a huge role in a child being successful at school.

And having equal access.  Because by far, although, Grant was identified under the orthopedic impairment because of the cerebral palsy, but his vision, his blindness is what ‑‑ hmm ‑‑ played the largest role in him being able to participate.

And really working with that.  Again, that goes back to individualized and making sure that ‑‑ you know, in your present levels.  But also, with the special factors that we are identifying those areas so that we can address them in the IEP and be able to help them best.


>>AMBER:  Yes.  And we know too, if a child is having issues and their not being able to communicate properly with ‑‑ the education staff or peers, then, a lot of the times, you will see behaviors develop and that goes into ‑‑ you know a whole different situation.  So making sure with the special factors that each individual child’s need is met and they are able to communicate in the way that they can.  Then, it will be so beneficial to them.

And communication needs of all children with particular emphasis on children who are deaf and hard of hearing.  Regardless of a child’s disability, an IEP team must consider a child’s communication needs as Rhonda just said, in determining that child’s communication needs.  The IEP team might ask what communicative demands and opportunities does this child have.

Does this child have the skills and strategies necessary to meet those communicative demands and take advantage of commutative opportunities.  Can a child fulfill their need to communicate in different settings.  How does the child communicate appropriately and effectively, and if not, why not?  How would this deficit in communication be described?

Regardless of the child’s disability the IEP team must consider whether the child needs assistive technology devices and services.

Assistive technology devices means any item, piece of equipment or product system whether acquire commercially, off the shelf, modified or customized, that is used to increase, maintain or improve the functional capabilities of a child with a disability.

The term doesn’t include a medical device that’s surgically implanted or such placement of such device.

Excusing a member from attending the meeting.  When a member of the IEP team’s area is not being modified or discussed, the member may be excused from attending the meeting in whole or in part, under two conditions.

Parents and LEA must agree that the member’s attendance is not necessary.  Parents agreement and the LEA must be in writing.

An agreement is not the same as consent, but instead refers to understanding between the parent and the LEA.  IDEA specifically requires that the agreement between a parent and an LEA to excuse member’s attendance at an IEP team meeting must be done in writing.

If however, the member’s area is not being modified or discussed, IDEA requires the LEA and the parent to provide written, informed consent in IDEA’s refers to written informed consent.

So continuing on to excusing that member from attending the meeting.

They may a certain member of the IEP team be excused if his or her subject area is going to be discussed?  Yes, if parents and LEA consent to excuse the member, member submits in writing to the parent that the IEP team input into the development of the IEP before the meeting and parents’ consent to excuse my member must be in writing.

And you can find more information on this as well in the handouts on D‑3.

Parent participation at the meeting.

May the agency hold the IEP meeting without the parents in attendance?  And the answer is yes.

The agency may hold the meeting without the parents in attendance if it has been unable to ‑‑ hmm ‑‑ if the agency or school has been unable to convince the parents to attend.  If this is the case, the agency must keep detailed records of its attempts to arrange the meeting at a mutually agreed upon time and place.

And to know ‑‑ it may not even just be written letters.  It can be ‑‑ they have documented trying to or attempting to contact a parent via phone four times and leaving voicemails.

So ‑‑ making sure as a parent, that you are checking voicemails when you see that the school has called.  Or if a note gets sent home.  Because unfortunately, the school can proceed if they have enough information saying that you have not been in communication with them to move forward, and create an IEP for your student.

As Rhonda said earlier, in this session, you know, parent input is invaluable.  It’s imperative.  And we want to make sure that, you know, we give ‑‑ hmm ‑‑ our thoughts and what we feel that would best help our child or student as well.

And Rhonda, I think you are going to take this one.
>>RHONDA:  Yes.  So in IDEA when it was reauthorized in 2004, it does state ‑‑ hmm ‑‑ for children identified having a disability age 3 through 5, the federal law IDEA does give states ‑‑ the deciding factor that they can continue 3 through 5 on an IFSP, which is an individual family service plan.  You see here at the state’s discretion when they turn 3.  Typically, what will happen in Kentucky we don’t do this.  Although the federal law gives you the discretion to be able to do it in Kentucky, to continue having an IFSP.

What we do in Kentucky, is that when children are going to turn 3, as Amber said too, when she was talking about Part C, right.  Is that early intervention, the birth to 3, what will happen is, the school system will be notified and the evaluation for an IEP and that ‑‑ transition time from the early intervention system to the school system with the IEP.

Kentucky does not ‑‑ and I have not seen any situations to where we have continued and kept an IFSP but know the federal law does let states at their own discretion decide for the early intervention that 3 through 5 that they can do that.  In Kentucky, we don’t.

If you move to another state, they may do that.  If you have moved from another state to Kentucky, what will occur is, at 3 through 21, it will ‑‑ if they qualify, it will be an IEP through the school system.

And that will ‑‑ I know Amber, we are getting close on time here with a lot to cover here.

But ‑‑ hmm ‑‑ one of the things here on the next ‑‑ hmm ‑‑ slide is when the IEP ‑‑ hmm ‑‑ is completed, that parents must be given a copy of it.  And one of the things I wanted to mention here, Amber, and then I’ll hand it back to you.  Is leave the IEP meeting with a copy of it.  If for some reason you are not able to and they need to get it to you, I think it’s very critical, at least before the meeting ends, the conference summary be read back aloud.

And if there is anything that’s missing ‑‑ because you always want to remember, your conference summary should be an accurate picture of what took place at the meeting.  Even if it’s stuff you all didn’t agree on.  It needs to be in the conference summary.  When it’s read aloud, if there’s something missing, ask it be added to it.

Try to leave with a copy of.  The whole IEP or the minimum, a copy of the conference summary.

Sometimes, if they need to get it printed out.  They will send it after.  I know sometimes, they will maybe send it home with the child.  But it’s ‑‑ you do ‑‑ the school district is ‑‑ hmm ‑‑ required to make sure that parents, each time that the IEP is updated, at no cost to them has a copy of the IEP.

>>AMBER:  And going right into placement.

The IEP forms the basis for the placement decision, which is made by a group of persons including the child’s parent and other persons knowledgeable about the child.  The placement group may or may not be the IEP team.  But in all cases, the parents are members of that group.

And participate in making determination of placement for their child.

Implementing the IEP.  Once an IEP is written, it’s time to carry it out.  In other words to provide the child with the special education and related services listed in the IEP.  This includes all supplementary aids and services, and programs modifications that the IEP team identified as necessary.

IDEA also requires that the public agency ensure that all service providers who will be implementing the IEP must have access to the IEP are informed of the specific responsibilities, and are informed of specific accommodations, modifications and supports to be provided to that child in accordance with the IEP.

When IEP’s must be in effect.  At the beginning of each school year.  Each public agency must have an IEP in effect for each child with a disability within its jurisdiction.  And ‑‑ there’s a lot more information going on to this, I want to refer you also to handout ‑‑

[Audio cutting in and out.]  ‑‑ there’s so much more information than we could go into detail with during this session.

Reviewing and revising the IEP.

The IEP is not a ‑‑ static document.  It can be changed to reflect the child’s learning and growth or as the case may be, his or her lack of expected progress, or maybe the student has reached their goals.  And they need ‑‑ different goals put in place.

You can come back and ‑‑ reconvene and ‑‑ update the IEP ‑‑ more times in a year than just once.

Obviously, we have to have an annual review, which means you have to meet at least once.  Don’t hesitate, if you see your child is struggling and needs some more supports, that may be not listed in the IEP or if your child is doing very well with what’s listed in the IEP and they are meeting goals, have that meeting.  It doesn’t have to be a negative to come back and reevaluate and update the IEP.  And update ‑‑ you know the present level of performance where your student is at to make sure they’re continuing to progress even further.

>>RHONDA:  Well, in this, Amber, I think the meeting without a meeting.  Because ‑‑ we do get a lot of questions ‑‑ hmm ‑‑ from families can something be changed on the IEP without having a meeting?  Typically, you are going to have an IEP meeting for anything to be updated, and you want that meeting, right?  With the team there.

But ‑‑ if the parents and the LEA, again the local education agency, your local school district ‑‑ want to amend or modify the IEP, it can be done without meeting.  But it’s only certain conditions that it can take place.  A lot of times, it’s if there was ‑‑ hmm ‑‑ a minor, maybe you just had an IEP meeting and there was a minor error in it.  Because typically, you are going to want to have an IEP meeting for anything to be changed on the IEP.

I know on the next screen here, that you know ‑‑ when they ‑‑ may this occur, when can we change something without having a meeting?  If it’s after say the annual IEP team meeting for the school year and it’s only going to be if the parents and the LEA agree not to convene the meeting to make the change.  In one of the things ‑‑ and I know Amber, you have used the example many a times, on your children’s ‑‑ hmm ‑‑ you know ‑‑ the IEP is they will be ‑‑ their names will be spelled wrong.  Right?

So we don’t to call a meeting for that to be changed and updated and amended.  Really it’s more minor things.  But that has to be ‑‑ only if ‑‑ hmm ‑‑ if both parties agree to not hold that meeting.

But something can be amended if there is that agreement.  But again, we ‑‑ always shy away from especially if it’s major things, it’s important to have the team come together and have those discussions and have IEP’s updated together in a meeting.  So what are some special situations that ‑‑ that are under IDEA 2004?

Now, there are some situations where children are placed in private schools by the public agency, by the public school district.  And then they’re going to be some things that would take place.  Now, this is not going to be the situation if ‑‑ children are placed in private school by their parents.

>>AMBER:  Rhonda, I’m sorry to interrupt you, Susan asked a question and I want to make sure that it’s ‑‑ that it’s answered before we skip too much further.  I wasn’t sure if it was this screen or the last screen.
>>RHONDA:  Oh, thank you so much.  I didn’t see that.  So ‑‑ the agreement documented, if I’m understanding right, Susan, if you all agree to make the amendment or update the IEP without ‑‑ without holding a meeting, that would be best in writing.

Again, it doesn’t specifically state ‑‑ to my knowledge, that that is required.  But that certainly would be the recommendation.  Many times, it might be by email.  You know ‑‑ where it could be documented that everyone ‑‑ huh was in agreement to make that amendment or update to the IEP.

I hope that helped.

And if that’s not what you were asking, please let me know.

And so when we look at ‑‑ hmm ‑‑ the ‑‑ also too, in IDEA 2004, children with an IEP transferring between schools.  We’ll look at that as well.  Some special situations.

So on the next screen here, the children ‑‑ hmm ‑‑ who are placed in private school by the public school district.  There are requirements of what the public agency must do before and what they must do after.  They will have to ‑‑ initiate and conduct the meeting to develop the IEP in accordance to 30320 and 300.324 which ensures there’s a representative of the private school and faculty that attends the meeting.

The IEP would be developed and provided through ‑‑ through the ‑‑ private school system.  But it would be ‑‑ when you have the IEP meetings, it would have members of both schools.  The private school and the public school.  Even though the private school is who implements the IEP, the personal held responsible for it is the local school district there as well.

So there would be some ‑‑ there are not many situations from my experience over the years, where this does occur.  It can take place if that’s the appropriate placement and decided by the IEP team that they be placed in the private school.

Now, it is a totally different situation if it’s ‑‑ I just want to bring up, if it is ‑‑ a child placed in private school by the parent.

And if you need more information on that, we can certainly help you.  But that looks a little bit different but there still are some rights that you have under IDEA and we can kind of help you with that.

Now, children with an IEP transferring between schools.  In IDEA 2004, I was so pleased because it included and addressed, if they move ‑‑ you know in the two situations we are going to talk about here.  Is if say you are still in Kentucky, and you just moved to a different school district, right?  A different public agency.  You move counties.

What will happen is, is they will adopt that IEP that was from the previous school district.  That has to be that transfer because what’s critical about this is not to be a gap in services, right?  We know that our children need that continuum of services and supports.

So what’s going to happen if they move with ‑‑ to a different school district within Kentucky is they are going to go ahead and adopt that IEP from the previous school district.

Now, they can ‑‑ update it ‑‑ hmm ‑‑ but typically when they move from one district to the other, is they’re going to go ahead and implement that as it is.  Because it’s under the same state regulations if it’s within Kentucky.

Now, there may be some reasons that it does need to be updated.  When they come to the new school district, they may go ahead and do that, even if it’s not an annual review time.  When you move from state to state, there still has to be that partnership and ‑‑ from the previous school district to the current.

Now, the new school district would have to ‑‑ go ahead and ‑‑ either adopt the previous IEP ‑‑ offer comparable services to them within their existing IEP from the previous school district.  At least until they reevaluate.  Now, what’s going to happen in most situations ‑‑ because there are different state regulations, is that typically when you move from another state to Kentucky, what happens is, they ‑‑ there is that reevaluation.  So they will offer the comparable services.  They won’t just go ahead and adopt the previous IEP as the current.  But they will provide comparable services until they conduct the reevaluation and have the new IEP at the school district.

But the important thing here is, no matter where you move, within the state or from state to state, you still will have comparable services and have those supports in place so there’s not that gap and continuum so our children can do well.

Amber, I didn’t know if you wanted to ‑‑ I kind of ‑‑ took over.  You know I get a little bit excited about stuff.
>>AMBER:  You are totally good, Rhonda, you can go on or I can pick up, whatever you prefer.
>>RHONDA:  You can go ahead.
>>AMBER:  Okay.

So transferring a child’s records.

Who moves from one school to another school in the same state but with different public agency.  A summary of these provisions are, the regulations are intended to facilitate the transition of the child from one location to another.

The new public agency must take reasonable steps to promptly obtain the child’s records from the previous public agency and the previous public agency must take responsible steps to promptly respond to the request.

Time frames and transferring records.

At this time, we would like to ask if you have any questions regarding the meetings of the IEP team?  Because this was a whole lot of information in just a minimal amount of time.  And we want to make sure that we don’t send you away confused.  If there are any loose ends, we can answer those for you.

[Pausing for response.]

>>AMBER:  So summarize, the meetings of the IEP team within 30 days of the determination of the child’s need for special education and related services.  And the IEP ‑‑ an IEP team meeting must be conducted to develop the child’s IEP.

Reviewing and revising the IEP, at least once a year, the IEP can be amended without an IEP team meeting only for changes being made to the child’s IEP after the annual IEP team meeting for a school year.  Only if parents and LEA agree not to convene the meeting and only if the parents and LEA instead develop a written document to amend or modify the child’s current IEP.  Special IEP situations.

Children placed in private schools by public agencies.  Or children with an IEP transferring between schools.

And I’m going to check the chat.

I do not see any more questions, but I’ll give it just a moment.  And if ‑‑ while some are ‑‑ typing in a question that they may have.  As you see here, we have the QR code listed.  The evaluation link is in the box.  We ask that you do take a moment to fill that out.  Because we very much value your thoughts and opinions, what went well, what may be needs some work.  What would you like to hear about?  And we are always available at ‑‑ the number listed or you can reach us on our website and Rhonda, is there anything you would like to add here?
>>RHONDA:  I see, Angela, you had your hand up.  I’m going to try and see it will make it where you can unmute and talk.  I think you can now if you would like.
>>SPEAKER:  I see it now.  I have been talking with Amber, Amber, how are you?
>>AMBER:  Good, how are you?
>>SPEAKER:  I have a question, as you know, I don’t have my son in ‑‑ public school anymore.  He’s an ADA school.  But his ‑‑ the lady that runs his IEP is ‑‑ reaching out to me, and he needs his ‑‑ hmm ‑‑ review or whatever.  She was asking about an ARC meeting.  Does that ‑‑ do you still keep that current even if they are not in the school at that time?
>>RHONDA:  Hmm ‑‑ so did they ‑‑ hmm ‑‑ that’s a great question.  I’m glad ‑‑ that you asked that.  So they’re enrolled in the ‑‑ so the private school.  Do they ‑‑ is the child currently getting services and supports from ‑‑ hmm ‑‑ from the public school district?
>>SPEAKER:  Not at this time.  He’s ‑‑
>>RHONDA:  Okay.
>>SPEAKER:  Yeah.  Go ahead.  I’m sorry.
>>RHONDA:  Okay.  So sorry.  I didn’t mean to interrupt there.  So what that would be is so they wouldn’t have a current IEP.  And one of the things ‑‑ because ‑‑ private schools, this is also ‑‑ will help families who may also be home schooling their child.  This is where you would have developed ‑‑ it’s not called an IEP.

But there’s another plan that would be developed with the school district.  And that’s ‑‑ we can send you that information.  So if they are not currently enrolled in the school district, then they probably don’t have an IEP in affect right now.

If they have not set up and done it because they’re a private school right now.  So there are some details.  And we’ll share with everybody too that’s on the Webinar.  I can send you all the link to helpful information about that.  If they’re in private school.  And they were placed by the parent in private school or home schooled.

There is another plan that would be developed with the school system.  And if that’s not taking place, then you probably need to ‑‑ initiate that so that’s in place for them to get services and supports.  It’s going to look a little bit different than the ‑‑ than the IEP would through the school district.  But there still may be services and supports to have in place that would be able to help them.  I hope that helps.
>>SPEAKER:  Hello ‑‑
>>RHONDA:  And we are actually going to be looking at ‑‑ here adding probably in the next several months, a Webinar specifically ‑‑ hmm ‑‑ for ‑‑ hmm ‑‑ parents that if their child’s in parentally placed in private school, what that process would look like.  And again, in Kentucky, home schooling is considered private school.

So that would apply for either of those situations.  So we can certainly right now, get the information and help one‑on‑one if you have any more questions or kind of stepping through that process.  I hope that kind of helped.

And that’s a great question.


Well, we sure do appropriate you all joining us today.  And we hope that you all can join us for the last of this series next week, which I believe, Amber, is least restrictive environment, LRE and decision‑making.  If I have not gotten myself mixed up here.
>>AMBER:  Yes.
>>RHONDA:  Also, too if there are other topics or information that you all need that you all would love to have a Webinar on, let us know that we could have it.  We could have some guest speakers.

We greatly value your input.  If you could take a moment to complete the evaluation, I put the link in the chat.

And you will receive a certificate of attendance once you complete that evaluation.

We sure do appreciate y’all joining us today.

[End of Webinar.]