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An Overview for Compliant Secondary Transition Practices

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An Overview for Compliant Secondary Transition Practices

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Under the Individuals with Disabilities Act (IDEA) of 2004, Part B, established the need for each state to develop State Performance Plans which address accountability requirements. Within the State Performances Plan (SPP), Indicator 13 is the basis for effective and compliant secondary transition practices.Under the Individuals with Disabilities Act (IDEA) of 2004, Part B, established the need for each state to develop State Performance Plans which address accountability requirements. Within the State Performances Plan (SPP), Indicator 13 is the basis for effective and compliant secondary transition practices.

The Indicator 13 Compliance Module Seriesis a training series developed by PaTTAN and Intermediate Unit Secondary Transition consultants in response to the accountability requirements under the Individuals with Disabilities Education Act ( IDEA ) of 2004, Part B State Performance Plans as it relates to secondary transition. The module series highlights effective practices in secondary transition. The series is designed to provide an overview of the seven areas required by Indicator 13 for compliant, secondary transition practices.

Each module contains a pre-test, PowerPoint presentation, effective practices Q&A discussion and a post-test. Participants are encouraged to view the Overview Module prior to completing any of the individual content modules.

The Modules:

Overview: The Overview module provides and introduction to the Indicator 13 Compliance Module Series and explains the format of each of the six modules in this series.

Module 1: This module provides a compliance and effective practices overview of outside agency and student involvement in the IEP meeting.

Pre and Post Test - https://fs25.formsite.com/3fHiZQ/Indicator13CSTPModule1/index

​Module 2: This module provides a compliance and effective practices overview of interest/preference, academic, and functional assessment.

Pre & Post Test - https://fs25.formsite.com/3fHiZQ/Indicator13CSTPModule2/index

​Module 3: This module provides a compliance and effective practices overview of Post-Secondary Goals related to education/training, employment, and independent living.

Pre & Post Test - https://fs25.formsite.com/3fHiZQ/Indicator13CSTPModule3/index

​Module 4: This module provides a compliance and effective practices overview of how to annually update the three Post-Secondary Goal areas.

Pre & Post Test - https://fs25.formsite.com/3fHiZQ/Indicator13CSTPModule4/index

Module 5: This module provides a compliance and effective practices overview of the "transition grid" section of the IEP . Included in this section is a discussion regarding Courses of Study, Activities and Services related to the Post-Secondary Goals.

Pre & Post Test - https://fs25.formsite.com/3fHiZQ/Indicator13CSTPModule5/index

​Module 6: This module provides a compliance and effective practices overview of Measurable Annual Goals

Pre & Post Test - https://fs25.formsite.com/3fHiZQ/Indicator13CSTPModule6/index

Resources:

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Effective Practices for Transition Planning

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Under the Individuals with Disabilities Act (IDEA) of 2004, Part B, established the need for each state to develop State Performance Plans which address accountability requirements. Within the State Performances Plan (SPP), Indicator 13 is the basis for effective and compliant secondary transition practices.Under the Individuals with Disabilities Act (IDEA) of 2004, Part B, established the need for each state to develop State Performance Plans which address accountability requirements.

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Teachers' Desk Reference: Extended School Year (ESY)

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The Disability Inclusive Curriculum Pilot Program, as added to the Pennsylvania Public School Code in the Summer of 2022, is intended to instruct all K-12 students on the political, economic, and social contributions of individuals with disabilities. It also aims to increase the accurate and regular representation of disability throughout all aspects of school to help learners understand that disability is a natural part of the human condition.

For questions contact Timothy Krushinski ( tikrushins@pa.gov) or Nichole Kopco ( NKopco@pattan.net).

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PA Disability Inclusive Curriculum Pilot Program

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The Disability Inclusive Curriculum Pilot Program, as added to the Pennsylvania Public School Code in the Summer of 2022, is intended to instruct all K-12 students on the political, economic, and social contributions of individuals with disabilities.

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Extended School Year Services in Pennsylvania

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Extended School Year Services in Pennsylvania

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Extended School Year Services in Pennsylvania

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Extended School Year (ESY) services are special education and related services provided to students with disabilities beyond the regular school year. Federal and state special regulations require that each local education agency (LEA) make available extended school year services to each eligible student whose Individualized Education Program (IEP) team has determined that ESY services are necessary for the child to receive a free appropriate public education (FAPE). This recorded webinar describes the process the IEP team utilizes in making ESY eligibility decisions, including the seven factors that must be considered, reliable data sources, and service delivery models. Timelines and procedures regarding the Armstrong Target Group are discussed.

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Extended School Year (ESY) services are special education and related services provided to students with disabilities beyond the regular school year. Federal and state special regulations require that each local education agency (LEA) make available extended school year services to each eligible student whose Individualized Education Program (IEP) team has determined that ESY services are necessary for the child to receive a free appropriate public education (FAPE).

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PaTTAN - The Essential Bulletin for Educators

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PLEASE NOTE: PaTTAN has implemented a single-sign-on system for both the new website and our online registration system for events. If you already have a user name and password to register for trainings, use those same credentials here to login.

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Side-By-Side Quick Reference: PA Chapter 14 & Part 300 of IDEA

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Side-By-Side Quick Reference: PA Chapter 14 & Part 300 of IDEA

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A Basic Education Circular (BEC) provides the Department of Education's guidance on the implementation of law, regulation and policy.

​Act 1 of 2022 - Assisting Students Experiencing Education Instability

​24 P.S. § 13-1331.1

​Act 1 of 2022 (Act 1) promotes timely high school graduation and facilitates equal access to academics and extracurricular activities and the removal of systemic barriers for students who experience education instability as defined by the legislation.

Purdon's Statutes​

Suspension (Furlough) of Professional Employees; Alteration and/or Curtailment of Programs

24 P.S. 11-1124

Purdon's Statutes

Section 1124 of the School Code provides that: Any board of school directors may suspend the necessary number of professional employees, for any of the causes herein enumerated

Commissioned School Officers

24 P.S. 10-1078 and 9-963

Purdon's Statutes

Identifies when a commission will be issued and what is necessary to be submitted to the Department for approval

​22 Pa. Code § 21.51

PA Code​

​Provide information concerning Commonwealth approval of PlanCon reimbursable projects.

24 P.S. §§ 17-1741-A - 17-1749-A

Purdon's Statutes

Guidance for cyber charter schools, school districts, parents, and students.

​​ Dual Credit Agreements between School Entities and Institutions of Higher Education

​Purdon's Statutes

​Guidance and context for school entities implementing dual credit agreements with institutions of higher education under section 1525

Emergency School Closings

24 P.S. 25-2523

Purdon's Statutes

Guidance and direction regarding public school emergency closing procedures

Employee Rating Form - this BEC is under revision

24 P.S. Section 11-1123

Purdon's Statutes

Section 1123 of the Public School Code of 1949 requires the Department of Education to prepare a rating system for use evaluate professional employees of school districts through a system that gives due consideration to personality, preparation, technique, and pupil reaction.

​Process for Gifted Documentation of Dual Exceptionalities and Caseload Assignments

​22 Pa. Code § 16.6 (a), (c), 22 Pa. Code § 16.7, 22 Pa. Code § 16.22 (j), (d), 22 Pa. Code § 16.32 (d) (1-6), 22 Pa. Code § 14.123 (b), 22 Pa. Code § 14.124 (b)

​ This circular provides guidance for (1) completing documentation for students identified with dual exceptionalities, and (2) caseload assignment for gifted and special education.

PA Code​

​Public School Employer Third-Party Contracting for Non-Instructional Services

​24 P.S.§ 5-528

PA Code​

​This Basic Education Circular (BEC) provides brief guidance concerning the application of section 528 of the Public School Code, 24 P.S.§ 5-528, to a covered public school employer's contracting for non-instructional services with third-parties. This section was added to the School Code by Act 39 of 2018.

​Special Education FAPE and One-to-One Support Obligations for Students with Disabilities

​34 CFR 300.101 and 104.33

​Federal Code

​This BEC clarifies that the Local Educational Agency (LEA) is ultimately responsible for the provision of special education and related services for every student with a disability under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973. It describes the responsibilities of the LEA to provide special education and related services including one-to-one support for students with disabilities.

​ Suspension (Furlough) of Professional Employees; Alteration and/or Curtailment of Programs

​24 P.S. §11-1124

​Purdon's Statutes

​Section 1124 of the School Code provides that: Any board of school directors may suspend the necessary number of professional employees, for any of the causes herein enumerated

​Use of Restraints for Students with Disabilities

​22 Pa. Code §§ 14.133; 711.46; 10.25

​PA Code

​This BEC provides guidance regarding the definition and use of restraints in special education regulations, the IEP, and reporting requirements related to the use of restraints.

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A Basic Education Circular (BEC) provides the Department of Education's guidance on the implementation of law, regulation and policy. ​Act 1 of 2022 - Assisting Students Experiencing Education Instability ​24 P.S.

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Supplementary Aids and Services Consideration Toolkit

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Common Questions and Answers for Leaders of Special Education

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Common Questions and Answers for Leaders of Special Education

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Common Questions and Answers for Leaders of Special Education

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Notice of Recommended Educational Placement/Prior Written Notice (NOREP)

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Notice of Recommended Educational Placement/Prior Written Notice (NOREP)

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Invitation to Participate in the IEP Team Meeting or Other Meeting

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Invitation to Participate in the IEP Team Meeting or Other Meeting

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Summary of Academic Achievement and Functional Performance

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Summary of Academic Achievement and Functional Performance

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The Reevaluation Process for Students with Disabilities

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The Reevaluation Process for Students with Disabilities

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Progress Monitoring for Students with IEPs: An Introduction - This session describes the purpose of, and requirements around, progress monitoring in an IEP. Effective progress monitoring procedures are presented as well as examples of progress monitoring reports. Useful resources for accessing additional information about progress monitoring are included. This session includes the recorded webinar, transcript, and handouts, and a discussion guide that can be used to facilitate conversation about the content during the presentation. These materials can be used to supplement professional development programs aimed at increasing the knowledge of general and special education teachers regarding the special education process.

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Progress Monitoring for Students with IEPs: An Introduction

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Progress Monitoring for Students with IEPs: An Introduction - This session describes the purpose of, and requirements around, progress monitoring in an IEP. Effective progress monitoring procedures are presented as well as examples of progress monitoring reports. Useful resources for accessing additional information about progress monitoring are included.

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Progress monitoring is the ongoing process of collecting and analyzing data to determine student progress toward attainment of educational goals. This fact sheet outlines the seven steps of progress monitoring.

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Formative Assessment: Monitoring the Progress of Students with IEPs

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Progress monitoring is the ongoing process of collecting and analyzing data to determine student progress toward attainment of educational goals. This fact sheet outlines the seven steps of progress monitoring.

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Current as of 2018 This info in Spanish | Esta información en español
Another component of the IEP that IDEA requires is specifying how the child's progress will be measured. This statement flows naturally out of the annual goals written for the child, which must be measurable. Measuring the progress that a child is making toward his or her stated annual goals is an essential part of the special educational process, because it gives the IEP team concrete evidence as to whether the individualized program as designed by that team is actually effective or whether adjustments to services or instruction need to be made. And, of course, it's equally essential to report back to the child's parents, so they are informed about their child's learning.

IDEA's Exact Words

IDEA states that each child's IEP must contain:

(3) A description of-

(i) How the child's progress toward meeting the annual goals described in paragraph (2) of this section will be measured; and

(ii) When periodic reports on the progress the child is making toward meeting the annual goals (such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards) will be provided...[§300.320(a)(3)]

Prompting Questions to Help Guide the Discussion

IEP teams may find it easier to address this component of the IEP by framing the discussion around specific questions. For example, the IEP team might ask itself these three questions:

How will the child's progress be measured?

When will the child's progress be measured?

How well will the child need to perform in order to achieve his or her stated IEP goals (and, for some children, benchmarks or objectives)?

The information on how well a child must perform and how his or her progress will be measured is often called evaluation criteria. Well-written evaluation criteria are stated in objective, measurable terms. (You'll note the tie-in with the requirement that the annual goals written for a child must be measurable.) For example, a child might be required to perform a task "with 90% accuracy" or get 18 out of 20 words correct in each of 5 trials. These are concrete numbers or scores, establishing what the IEP team considers an acceptable level of performance or progress for the child.

In other instances, progress may not be measured in number scores, such as statements like this:

By June 15, Vicky will complete the obstacle course unassisted, as documented by the adapted physical education teacher.

In this example, the teacher will observe and take notes while Vicky completes the obstacle course. Teacher observation/notes are one way of checking progress. Other ways of checking progress may include:

reviewing class work and homework assignments;

giving quizzes, tests, or teacher-made assessments; and

giving informal and/or formal assessments (the QRI or Woodcock-Johnson, for example).

Reporting to Parents on the Child's Progress

IDEA's exact words above also refer to the periodic reporting of each child's progress, which gives parents, other members of the IEP team, and the public agency the opportunity to review the IEP and make adjustments if they are warranted. When a child does not make the progress expected, then it's essential to determine why and take corrective action.

The 2004 Amendments to IDEA are not especially prescriptive about the timing of such progress reports. This is because the statute itself does not require report cards or quarterly report cards. When IDEA mentions them in §300.320(a)(ii) (see above), they "are used as examples...of when periodic reports on the child's progress toward meeting the annual goals might be provided" (71 Fed. Reg. at 46664, emphasis added). As the Department of Education clarifies:

The specific times that progress reports are provided to parents and the specific manner and format in which a child's progress toward meeting the annual goals is reported is best left to State and local officials to determine. ( Id.)

In OSEP's letter to Pugh on January 18, 2017, the Department reiterated this position, adding, "Thus, State educational agencies and their local educational agencies have discretion to determine the specific content of the periodic progress reports provided to parents of children with disabilities, and in reporting progress on annual goals."

Would you like to read about another component of the IEP?
If so, use the links below to jump there quickly.
_________________________________________________
Annual Goals
Once a child's needs are identified, the IEP team works to develop appropriate goals to address those needs. Annual goal describe what the child is expected to do or learn within a 12-month period.

Measuring and Reporting Progress (you're already here!)
Each child's IEP must also contain a description of how his or her progress toward meeting the annual goals will be measured and when it will be reported to parents. Learn more about how to write this statement in this short article.

Related Services
To help a child with a disability benefit from special education, he or she may also need extra help in one area or another, such as speaking or moving. This additional help is called related services. Find out all about these critical services here.

Accommodations in Assessment
IDEA requires that students with disabilities take part in state or districtwide assessments. The IEP team must decide if the student needs accommodations in testing or another type of assessment entirely. In this component of the IEP, the team documents how the student will participate.

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Measuring and Reporting Student Progress

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Current as of 2018 This info in Spanish | Esta información en español Another component of the IEP that IDEA requires is specifying how the child's progress will be measured. This statement flows naturally out of the annual goals written for the child, which must be measurable.

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Page 9: Monitoring & Reporting Student Progress

Document how, and how frequently, a student's progress toward his or her IEP goals will be measured and reported.

As we discussed on previous pages, a student's PLAAFP statements inform her annual goals, which inform decisions about the special education and related services she will receive. Once these services and supports are identified, the IEP team needs to decide how they will determine whether the student's program is effective (i.e., helping the student make appropriate progress). IDEA requires that every IEP contain a component in which IEP teams document:

How a student's progress toward meeting each annual goal will be measured

When periodic reports on that progress will be provided to parents

Developing a Progress Monitoring Plan

To monitor student progress, IEP teams must make decisions about the nature of the data that will be collected and analyzed relevant to each annual goal. The most appropriate progress monitoring systems are those in which objective numerical data are collected frequently, graphed, analyzed, and then used to make instructional decisions. Anecdotal data and other subjective procedures are not appropriate for monitoring student progress and should not be the basis of a progress monitoring system.

To determine how a student's progress toward meeting his or her annual goals will be measured, the team members can consider the guiding questions in the table below. The team's collective responses to these questions should align with each annual goal and therefore be specific, measurable, realistic, and relevant to the timeframe.

How will the student's progress be objectively measured?

Do: Use objective measures (e.g., data that can be reported in numbers rather than words).

Examples:

Behavior observation checklists

Progress monitoring probes (e.g., reading, math)

Unit or chapter test scores

Don't: Use subjective measures.

Examples:

Anecdotal reports

Teacher or student perceptions

How often will the student's progress be measured?

Do: Measure frequently and systematically.

Examples:

Every two weeks

At least three times per week

Don't: Measure so inconsistently or infrequently that data-based changes to services and supports can't occur.

Examples:

Every nine weeks

Three times per year

Who is responsible for collecting progress monitoring data?

Do: Identify an individual with appropriate data-collection training.

Examples:

General education teacher

Special education teacher

School psychologist

Don't: Assume that an individual has the requisite skills to collect data.

Where will data collection occur?

Do: Clearly identify each relevant setting or context in which data will be collected.

Examples:

During reading instruction

On the playground during recess

Don't: Broadly describe the setting or context (e.g., in the general education setting) or omit it completely.

When will data collection occur?

Do: Maintain a consistent data-collection schedule.

Examples:

Mondays, Wednesdays, and Fridays at 10:00 am

Tuesdays during reading

Don't: Collect data on an inconsistent basis.

Examples:

Monday at the beginning of reading class (9:00 am) and then Wednesday right before recess (10:30 am)

At the teacher's convenience

When the student is in a good mood

How well will the student need to perform in order to achieve his or her stated IEP goals (i.e., performance criteria)?

Do: Use the performance criterion from the annual goal.

Examples:

Perform a task with 85% accuracy during 3 out of 5 observations

Read at a rate of 95 words per minute with less than 5 errors on 2 out of 3 reading passages

Begin working on a task with 2 or fewer prompts from the teacher 4 out of 5 days

Don't: Use different performance criterion than those stated in the annual goals.

Note: State and local educational agencies have discretion to determine the measurement method, the specific content of the periodic reports about students' progress provided to parents, and the frequency with which these reports will be generated.

A good practice for assessing student progress is to use data from formative assessments to measure progress on the academic skill or functional behavior specified in the annual goal. These data can also be used to inform instructional decision making. Regularly and systematically collecting and monitoring student data allows the IEP team to evaluate the appropriateness of the student's IEP. It also gives the team time, when the student is not making progress, to make adjustments to the student's educational program so that she might still achieve the annual goals. These adjustments might include using different instructional methods, providing different services and supports, or reconsidering the student's LRE.
formative assessment
A system of providing continual feedback about students' preconceptions and performances to both learners and instructors; an ongoing evaluation of student learning.

The plan for monitoring and reporting student progress need not be cumbersome or overly time-consuming. In fact, plans that are too unwieldy or burdensome are less likely to be implemented with fidelity, if at all. IEP teams should consider monitoring and reporting methods that are user-friendly and time-efficient.

In this interview, Tamara McLean explains how different types of assessments help to inform both general education and special education teachers on a student's progress (time: 2:54).

Transcript: Tamara McLean

Every school is different and every district is different. In our school, we do progress monitoring, and that progress monitoring happens weekly. Now not every goal may be monitored every week but it needs to be regular. To make our instruction valid we need to know exactly where they are. Because if we're redoing skills that they really already have a reasonable grasp of, and we're not checking in on that regularly, we are not moving on. We do hear about all the testing that is done and how much time is spent testing. And I do understand, especially from a gen ed teacher perspective, how much time that does take. But I also think special education is a different ballgame because we tailor our instruction specifically to each child. And gen ed teachers very much try to do that but, their entire training is moving a group on whereas in special education we are moving each child on from where they are. And so our views of testing I think are completely different. Our time needs to be spent only doing skills they need, only doing skills that apply big picture, and only will move them forward to the ultimate goal of whatever that subject is.

So when I started teaching, we didn't really use the data like we do now. And we didn't constantly recheck in: Where are our students? Are they making progress? Where is the gap? What do they need to get there? And I think as we are getting better about using this testing and being intentional about what we do with it, it really does focus your time which is important because we can waste a lot of time if we don't know where kids are. I think though that sometimes you need to take pieces into the testing, when you look at the results. So when we look at things like TN Ready, which is Tennessee state testing, it's timed. So it isn't always a great example of specific skills and whether they have them or not. It's just whether they can do them in the set amount of time. And then you have tests that we use in this district like the MAP test where it's untimed. So using those two pieces of information together give us great information. Hey, they have the skill. They were able to do it over and over on the MAP test but they're not able to access it quickly because they weren't able to show us that on the TN Ready. So even those two tests, which we complain they say the same thing, they don't. They tell us different things. When we put them together it gives us a bigger picture of what exactly we're working on.

Legislation and Litigation

The use of "teacher observation" by itself is not a legitimate way of monitoring student progress. As the New York State Educational Agency noted in a 2003 hearing...

although subjective teacher observation provides valuable information, teacher observation is not an adequate method of monitoring student progress

and

Without supporting data, teacher observation is opinion which cannot be verified

Board of Education of the Rhinebeck Central School District, 2003, p. 148

The progress monitoring plan should be clear and easy to understand. The data collected should be used to adjust the IEP document as needed. As the hearing officer in Escambia County Public School System (2004) concluded:

The most glaring deficiency was the absence of a notation as to whether [the student] had mastered any of his benchmarks . . . without the dates of mastery of benchmarks indicated on the IEP a parent cannot determine the progress that the child has been making during the school year... it is crucial that a parent (or other IEP member) be able to examine the IEP document to see if satisfactory progress is being made toward the attainment of the student's annual goals and if not, whether there is a need for adjustments to his program (42 IDELR 248).

Reporting Progress to Parents

The IEP team must stipulate when periodic reports on the student's progress will be provided to her parents. These reports keep the parents informed regarding whether their child is on track to achieve her annual goals. In cases in which the student is not on track to meet her goals, the report should describe the adjustments that school personnel intend to implement to help her do so. Depending on the nature of these adjustments, it might be necessary to schedule an IEP meeting to review the student's individualized education program.

A good rule of thumb is to provide progress reports on the student's annual goals at least as frequently as parents of students without disabilities receive progress reports (e.g., report cards). This is in addition to the daily or weekly progress reports that many teachers send home. For example, the parents of a 2nd-grade student who only receives special education services for reading might receive:

The same weekly academic and behavior updates as the other parents

A report card every nine weeks with grades for all of their child's subjects

A report on her progress toward meeting her annual IEP goals in reading

IEP teams should facilitate the parents' understanding of the data so that they can clearly determine whether their child is making progress toward all of her annual goals. There are several considerations to keep in mind when reporting progress to parents:

Avoid using jargon

Use graphs to provide visual representations of the data

Present information in parent's home language whenever possible

State clearly whether the student is on track to meet her annual goals

In this interview, Tamara McLean explains two different ways that teachers at her school report progress to parents (time: 1:19).

Transcript: Tamara McLean

In our school, some of the ways that we like to report information and the ways we are required to report information are not exactly the same. IEPs have a progress report piece, which really and truly is just telling us how they're making progress on the goals. And every time a report card is sent home we send home the progress report on the IEP goals to the parents at the same time. So they can see how close they're getting to mastery on that goal. We don't get a lot of feedback from parents on it. So I'm not really sure how meaningful it is.

We send home data on our progress monitoring. We chart them in an excel spreadsheet. And every Wednesday when we do our progress monitoring, we, right there on the computer with the child, plug it into the computer and it generates on the graph to show where they have gone on that skill and backtracks all the way to when we started that particular skill. And sometimes the children will ask if they can print it off and take it home, because as much as the parent needs to see it, so does the child, they're the one who is working on it. And so those graphs are a great way for them to actually see the growth versus the progress report we send home where we're just putting a percentage towards mastery on there.

Implications of Endrew on Progress Monitoring and Reporting

Legislation and Litigation

A substantive standard not focused on student progress would do little to remedy the pervasive and tragic academic stagnation that prompted Congress to act.

Endrew F. v. Douglas County School District, 2017, p. 11

For Your Information

There is probably less substantive compliance with this component of the IEP than any other. Too often teachers don't understand how to effectively collect and interpret data.

Recall that the Endrew ruling concerned itself, in part, with the quality of the education, as laid out in their IEPs, to which students with disabilities are entitled. The Supreme Court's ruling requires that a higher substantive standard must now be used to determine educational benefit: An IEP must be "reasonably calculated to enable a child to make progress appropriate in light of the child's circumstances." To determine whether the student is making progress, IEP teams must create and implement a high-quality plan that allows them to systematically and consistently monitor and report the student's progress toward meeting her annual goals. This plan must include a process for collecting objective data that can document improved academic and/or functional performance. As mentioned above, if the data indicate that a student is not on track to meet her annual goals, the IEP team should make adjustments to the education program and continue to monitor accordingly. Failure to make such adjustments, when data indicate the need, could result in a ruling that a school had denied FAPE to a student.

In the interview below, Mitchell Yell discusses monitoring and reporting considerations for students with disabilities (time: 0:59).

Mitchell Yell, PhD
Fred and Francis Lester Palmetto Chair in Teacher Education
Professor, Special Education
University of South Carolina

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View Transcript
Transcript: Mitchell Yell, PhD

I would say probably the most efficient way of collecting data on basic skills is to use curriculum-based measurement. They're easy to use, they're very time-efficient, and they're very reliable and valid data. Teachers need something that's easy and doesn't take a lot of time. So I would say curriculum-based measurement is an extremely good way to write goals and collect data on academic issues having to do with basic skills deficits.

To communicate with parents, I would say best-practice is not only collecting data, but graphing it. You know, a graph is almost intuitively understandable. You can look at a graph even if you don't know what it means, and you can see if the child is making growth or not by looking at the graph. And that's a very effective way to communicate with parents.

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IRIS | Page 9: Monitoring & Reporting Student Progress

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Document how, and how frequently, a student's progress toward his or her IEP goals will be measured and reported. As we discussed on previous pages, a student's PLAAFP statements inform her annual goals, which inform decisions about the special education and related services she will receive.

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Page 6: Monitoring IEP Fidelity and Student Progress

Procedural Requirements Guidelines

Involve parents in the IEP process

Implement the special education services as written in the IEP

Adhere to required timelines

Substantive Requirements Guideline

Document how, and how frequently, a student's progress toward her IEP goals will be measured and reported

As we covered on a previous page, to ensure the greatest likelihood that the student will make appropriate progress, any services and supports outlined in the IEP must be implemented correctly. To facilitate this outcome, the school administrator needs to confirm that data is being collected on both the fidelity of IEP implementation as well as on the student's progress toward meeting her goals. By utilizing data-based decision-making processes, the school will be better prepared to respond quickly and efficiently if either fidelity is low or the student is not making appropriate progress.
fidelity of IEP implementation
The extent to which the services and supports outlined in a student's individualized education program are correctly and fully implemented.

Collect Data on Fidelity of Implementation

Once the IEP has been created and implemented, school administrators need to have procedures in place to monitor whether the IEP is being implemented as planned. Failure to do so may be a denial of FAPE, even in instances in which the IEP is otherwise procedurally and substantively sound. School professionals must understand that failure to carry out the responsibilities and services outlined in the IEP puts the district, and potentially themselves, at legal risk. Below are some guiding questions and information for school administrators to consider when developing procedures to monitor whether the IEP is being implemented with fidelity.

It is the school administrator's responsibility to make sure all personnel responsible for providing services to the student are aware of their responsibilities. To facilitate this process, the school administrator needs to:

Answer any questions or concerns personnel might have about the planned services and supports.

Identify the process by which they will monitor and document whether the planned services are being delivered (e.g., teacher logs).

Ensure that data is being collected to monitor the student's progress toward meeting her IEP goals.

Because altering frequency, duration, or setting might severely impact the efficacy of a service or support, it's important that school administrators verify these aspects of implementation. Failure to do so might result in a denial of FAPE. School administrators might find it helpful to use a checklist (such as the one below) that describes the:

Services the student should receive

Frequency and duration of those services

Person responsible for providing each service

Location of the services

Start and end dates of each service

Example checklist

It is helpful to review fidelity data within six weeks to verify whether services and supports documented in the IEP are being implemented with fidelity. In instances of low fidelity, school personnel should identify problem areas and develop procedures to address them. Periodic, unannounced spot checks throughout the school year have proven quite effective for maintaining high fidelity levels.

School administrators need to have a decision-making system in place to determine required actions for when services and supports are not being implemented with fidelity. These actions should address the reason the service provider is not implementing with fidelity, such as a lack of understanding, resources, or training. The school administrator's response to low fidelity should be supportive and provide educators with the assistance they need to implement the IEP as intended. For example, it may be sufficient to offer feedback and conduct further observations soon afterward (e.g., a week later), or it may be necessary for the person demonstrating low fidelity to participate in other activities, such as a booster training session or mentoring. If there are any concerns with the IEP and its implementation, parents need to be informed.

In the interview below, David Bateman discusses the importance of monitoring the fidelity of IEP implementation and suggests one way to monitor IEP fidelity. Next, Breanne Venios describes the processes that her school uses to monitor and support IEP fidelity. In particular, she discusses the importance of the learning support teacher (i.e., special education teacher) in this process.

David Bateman, PhD
Professor, Department of Educational Leadership
and Special Education
Shippensburg University

(time: 3:08)

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View Transcript
Transcript: David Bateman, PhD

Administrators need to monitor IEP fidelity, because if there is a discipline action the first thing we often look at is the IEP being implemented as it's being written? If there is a complaint from a parent, we look at is the IEP being implemented as it's being written? If there is a need to think about change in services because the child may need more intensive services, we look at is the IEP being implemented as it was written? So IEP fidelity. We need to remind administrators and teachers that once the IEP meeting is over, that's just the beginning. We think about getting the signatures on the IEP as the most important part, but actually the most important part is actually the implementation. It's very similar to, for lack of a better term, campaigns and someone's running for president. Yeah, they spend an enormous amount of time campaigning, but the big thing is actually the running of the program that they've campaigned for afterwards. Similar to an IEP, it's implementing the program afterwards and making changes as you go through.

The team has agreed on what the goals and what the program is for a child. The team has also agreed on how much time that it is going to take for the child to receive these special education services, and we need to at least give it opportune time to be implemented. And if there are changes that need to be made then we make the changes later, but we need to see if we can implement what the team has agreed to. And if it can't be then we reconvene the team, and we make changes as a result of what we've observed. But we don't have anything to go on unless we've at least tried this. So the fidelity of the implementation of the IEP is actually one of the more important parts, because everything legally then will come back to it. Did you implement how many times a child was supposed to receive speech services? Did you actually work on the goals that were listed in the IEP? Did you provide the accommodations in the general education classroom that were listed there? These are questions that will be part of what's going on. I'm a former due process hearing officer, and I witnessed many times attorneys questioning teachers and administrators about the implementation of the IEP. Yeah, you had a good IEP, but did you actually implement it? And if you have a great IEP and you don't implement it, that's not defensible.

Principals should monitor the implementation of an IEP. This might be delegated to a case manager. What I recommend for principals is that they periodically meet with their special education staff. Increasingly, I'm seeing districts that are going on a nine-week schedule with four nine-week marking periods. About halfway through the first marking period after the IEP is being implemented, just sit down with the teachers for five, ten minutes. We're not talking long. Just pull a few select IEPs and ask the teacher is this happening? If it's not happening, and if it's not then what can we do to make sure it does happen? It's a quick conversation, and it's not done in a punitive fashion. It's done just to make sure that we're implementing what's going on, because in the end it's the principals who this comes back on. As the leader of the building, they're the ones who need to make sure that all the programs within their building are being implemented as they're supposed to be.

Transcript: Breanne Venios

The processes that our school uses to monitor IEP fidelity are we first-and-foremost have the learning-support teacher on the front lines. They are the ones that see their student the most. They are in different classrooms with their students and with the teachers. If there is a concern, they are the ones that will probably see it first. They might bring that to me, and then I would address the fidelity that way. If we have concerns with the students making progress, we ask ourselves are we following the IEP as we need to be? We do intervention checklists, which often start with are we following the students' IEPs? Are we giving them extra time when needed? Are we putting them in a small group for testing? Are we eliminating an answer choice? So we have our own checklist to make sure that we're following those. We also have what we call student-support meetings, which means our director of special ed, the principal, and our school psychologists get together, and our students that have IEPs are discussed, and we make sure that they're making that progress, and if they're not then we ourselves put in place things with the teachers or we follow up the next month to see if any changes need to be made or we need to have a team meeting and see where we're going. So there's lots of different ways that we monitor the fidelity of the IEP. But, again, it goes back to that team effort, and everybody plays their part, and we all have to be held accountable for that.

There are multiple ways that teachers could improve their fidelity of following the IEP. I've had the learning-support teachers sit down with the regular ed teacher and explain some things that they can do, show them how to make accommodations on the tests or on the worksheets or whatever it is. I've also had learning-support teachers give them some tips and strategies on how to know when to do those things. I've sat down with them. I've also had some teachers observe other teachers who do a really good job with that. So if it's something behavioral or classroom management-if it's, like, a student with emotional support-how to monitor those de-escalation techniques and observe those so that they can start using those. So we do a couple of different things. I've given some books to teachers for them to read specifically, if it's something that they're really struggling with to kind of do their own professional learning. So we'll talk about that book together, so maybe like a book study. So there's lots of different ways. I've even had a teacher go to a training with something that was concerning, and I went with that teacher. I try to do it as a team with them, and if I can't do it as a team I often try to bring in a colleague so that they can also be part of a team, because I think we learn from each other, and it's a little less threatening that way if it's a team effort.

Collect Data on Student Progress

Recall that IDEA regulations require the IEP team to document how they will measure the student's progress toward meeting her IEP goals. They also need to document how frequently they will monitor this progress.

For Your Information

Monitoring progress and progress monitoring are two terms that are often used interchangeably. In this module, monitoring progress refers to the IDEA requirement to monitor a student's progress toward meeting his IEP goals. We use the term progress monitoring to refer to a specific type of measurement (e.g., curriculum-based measurement).

Monitoring a student's progress is critical to understanding whether the student is responding in a positive way to the services and supports described in the IEP. Data should be collected for every goal listed in the IEP to determine whether a student is making progress toward achieving these goals. The following information brief outlines the process of monitoring a student's progress toward meeting goals outlined in the IEP.
Monitoring Student Progress Toward Meeting IEP Goals
Reviewing a student's progress at the same time as the initial IEP implementation fidelity check (i.e., after six weeks of implementing the IEP) may also prove valuable. This is an opportunity for the school administrator to informally meet with teachers, individually or as a group, and do the following:

Check that data on a student's progress toward meeting her IEP goals are being collected.

Examine the student's data to determine whether she is making appropriate progress.

If yes, continue to implement the IEP and monitor the student's progress.

If no, determine:

Possible reasons for the student's lack of progress

Whether adjustments or changes to the student's instruction or behavior plan can be made by school personnel

Whether the type or extent of the change(s) that need to be made warrant an IEP meeting

How these concerns will be communicated to parents so that they remain informed of their child's progress

By continuing to review a student's progress throughout the year, school personnel and parents can reasonably predict whether the student will achieve the goals specified in the IEP by the end of the year. Progress reports must be provided to the student's parents at least as often as those shared with the parents of children without disabilities (e.g., every nine weeks to coincide with report cards).

In the interview below, David Bateman discusses one efficient method to meet with multiple teachers to review progress for multiple students. Next, Breanne Venios shares how her school monitors students' progress, particularly when there are concerns.

David Bateman, PhD
Professor, Department of Educational Leadership
and Special Education
Shippensburg University

(time: 1:48)

/wp-content/uploads/module_media/iep02_media/audio/iep02_p06b_bateman.mp3
View Transcript
Transcript: David Bateman, PhD

At the end of each marking period, they should sit down with their staff individually and go through each child's IEP and see if the child is making progress on his or her goals. Now, this may sound like a lot of work, but it really isn't, and it's not make-work. Teachers have to report to parents their child's progress on IEP goals and objectives the same frequency that non-disabled kids get reports, so their teachers are already reporting on whether the child is making progress in his or her goals to the parents. The principal should sit down and meet with the teacher and go through every child on the teacher's caseload and go through every single IEP. Now, this may seem really time-intensive. It's not. I sat down with a principal where we did this. We went through 25 kids in 22 minutes, where we ask is the first child meeting his goal in this? Is he making progress on this? Is he making progress on this one? Is he making progress on this one? Talked about anything else we need to know. Nothing we really need to know? Moved on to the next kid. We went through this, and we found a few kids who were not making progress, so we scheduled meetings for them, like, a week or two later, where we could then sit down more with more team members and make some decisions. This is really good for principals to understand what's going on with the students, because, first, they learn all the responsibilities the special education teacher has, they learn the individual needs of these individual students, and then they also can then make changes based on the data that the teachers have about the child and the child doesn't go too far without having service changes if they're not making progress. It's really easy, simple, and there's no prep really for the teachers, and the meetings do not have to last long, but you can cover a lot of kids in a short amount of time. And if a kid's not making progress, make changes. That's what we need to do for these kids instead of just letting them flounder when progress is not being made.

Transcript: Breanne Venios

I collect data through what we call intervention checklists. If a student is getting a D or below, the teachers have to check what they've done and when. And these include following the IEP, calling parents, having meetings, re-teaching. It's a four-page document of a whole bunch of different interventions. The intervention checklist really helps the teachers question if everything has been done on their end, and if they've done everything and they're still seeing a concern then we move to the child-study team. It moves all the way up to the administration and parents and getting everybody involved, making sure we're doing everything for this child so they can be successful.

Our school monitors student progress quarterly. So every marking period when our report cards go home, the learning-support teachers put in the progress monitoring sheets for the parents. If there's a concern, we have the at-risk meeting, and we may have to monitor their progress a little more frequently to make sure that they are meeting their goals. If a student is not making appropriate progress, we have other supports that we could reach out to. We oftentimes bring the team together, and we discuss what all of the people on the student's team are seeing, so that could include the paraprofessionals, the teachers, the administrators, anybody who is part of the student's day. We try to collect that data and work together to make sure we have all pieces of the puzzle.

Did You Know?

The IEP team should also reconvene in the event that a student is making more progress than expected. In this case, the IEP team might need to make changes to the IEP, such as creating more challenging goals.

An IEP meeting should be scheduled when a student is not making progress and the type or extent of the required changes warrant a meeting. Additionally, an IEP meeting might be scheduled to discuss revising the IEP for reasons such as:

The student missed a great deal of school (e.g., because of illness) and has fallen behind in her work.

Data at the end of the marking period indicate that the student needs more help with assignments or instruction.

A new evaluation has been completed and there is information that could guide the IEP. The new evaluation could come from either the district or the parent.

The parent requests additional help for their child because they feel she is not making enough progress.

The student exhibits behavioral issues that need to be addressed.

Evaluate the Relation Between Student Progress and Fidelity

Both IEP implementation fidelity and student data must be collected if informed decisions are to be made about a student's program. By examining the relation between the two sets of data, the effectiveness of the program can be determined. When the IEP is implemented with fidelity, clear conclusions can be drawn about the effectiveness of the IEP.

Decision-Making Process for Determining Program Effectiveness

If the services and supports are being implemented with fidelity and the student's data show a positive change, it is likely the program being implemented is effective for that student.

If the services and supports are being implemented with fidelity and there is no change in the student's performance, it can be inferred that the IEP for that student needs to be adjusted.

On the other hand, if implementation fidelity is low, the relation between the services and supports outlined in the IEP and student outcome data cannot be interpreted with confidence because:

It is uncertain whether lack of improvement is due to low fidelity or inadequacies in the IEP itself (e.g., unrealistic goals, inappropriate supports and services).

It is uncertain whether positive outcomes might be improved still further if the IEP was implemented with fidelity.

Keep in Mind

Recall that the IEP process involves a series of seven formal steps, each with clear guidelines on when the IEP should be developed. Although not related to IEP implementation and therefore not covered in this module, keep in mind that there are two more steps in the IEP process:

Annual Review: An IEP should be reviewed within 12 months after the previous IEP was developed.

Re-evaluation: The student should be reevaluated at least once every three years.

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IRIS | Page 6: Monitoring IEP Fidelity and Student Progress

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Involve parents in the IEP process Implement the special education services as written in the IEP Adhere to required timelines Document how, and how frequently, a student's progress toward her IEP goals will be measured and reported As we covered on a previous page, to ensure the greatest likelihood that the student will make appropriate progress, any services and supports outlined in the IEP must be implemented correctly.

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Secondary Transition Planning and IEP Development

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Secondary Transition Planning and IEP Development

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Young people with disabilities, families and professionals who support them make up a powerful network of relationships, knowledge and experience for what's working in transition. Through the power of collaboration, our initiative connects these networks into a detailed road map for success.

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Young people with disabilities, families and professionals who support them make up a powerful network of relationships, knowledge and experience for what's working in transition. Through the power of collaboration, our initiative connects these networks into a detailed road map for success.

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Is Your Child Having Difficulty in School? A Guide to Communicating with School Staff.

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Is Your Child Having Difficulty in School? A Guide to Communicating with School Staff.

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Understanding the Language of Special Education: A Glossary for Families and Educators

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Understanding the Language of Special Education: A Glossary for Families and Educators

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Parents’ Rights: Understanding the Procedural Safeguards Notice

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Parents’ Rights: Understanding the Procedural Safeguards Notice

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Special Education Resources for Families

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Special Education Resources for Families

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Why Should a Student Work With the Office of Vocational Rehabilitation (OVR)?

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Why Should a Student Work With the Office of Vocational Rehabilitation (OVR)?

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Information for Limited English Proficient (LEP) Parents and Guardians and for Schools and School Districts that Communicate with Them

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Information for Limited English Proficient (LEP) Parents and Guardians and for Schools and School Districts that Communicate with Them

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TOOLS AND RESOURCES FOR ADDRESSING ENGLISH LEARNERS WITH DISABILITIES

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TOOLS AND RESOURCES FOR ADDRESSING ENGLISH LEARNERS WITH DISABILITIES

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English Learners Annotated IEP Companion Checklist

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English Learners Annotated IEP Companion Checklist

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This publication is a guide for English language development specialist. Its purpose is to support the participation, development, and implementation of an Individualized Education Program (IEP). Each section provides questions to help guide discussion. English Language Development Specialists can utilize the IEP Planning Notes column to support their planning and participation for an upcoming IEP meeting.

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This publication is a guide for English language development specialist. Its purpose is to support the participation, development, and implementation of an Individualized Education Program (IEP). Each section provides questions to help guide discussion. English Language Development Specialists can utilize the IEP Planning Notes column to support their planning and participation for an upcoming IEP meeting.

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TOOLS AND RESOURCES FOR IDENTIFYING ALL ENGLISH LEARNERS

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TOOLS AND RESOURCES FOR IDENTIFYING ALL ENGLISH LEARNERS

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ENGLISH LEARNER TOOLKIT for State and Local Education Agencies (SEAs and LEAs)

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ENGLISH LEARNER TOOLKIT for State and Local Education Agencies (SEAs and LEAs)

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State required Reclassification, Monitoring, and Re-designation of English Learners (ELs)

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State required Reclassification, Monitoring, and Re-designation of English Learners (ELs)

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Reclassification Monitoring and Re-designation of ELs

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CHAPTER 15. PROTECTED HANDICAPPED STUDENTS

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CHAPTER 15. PROTECTED HANDICAPPED STUDENTS

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22 Pa. Code Chapter 15. Protected Handicapped Students

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Information included at this site has been derived directly from the Pennsylvania Code, the Commonwealth’s official publication of rules and regulations and from the Pennsylvania Bulletin, the Commonwealth’s official gazette for information and rulemaking

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Protecting Students with Disabilities: Frequently Asked Questions About Section 504 and the Education of Children with Disabilities

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Protecting Students with Disabilities: Frequently Asked Questions About Section 504 and the Education of Children with Disabilities

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Introduction | Interrelationship of IDEA and Section 504 | Protected Students | Evaluation | Placement |
Procedural Safeguards | Terminology

This document is a revised version of a document originally developed by the Chicago Office of the Office for Civil Rights (OCR) in the U.S. Department of Education (ED) to clarify the requirements of Section 504 of the Rehabilitation Act of 1973, as amended (Section 504) in the area of public elementary and secondary education. The primary purpose of these revisions is to incorporate information about the Americans with Disabilities Act Amendments Act of 2008 (Amendments Act), effective January 1, 2009, which amended the Americans with Disabilities Act of 1990 (ADA) and included a conforming amendment to the Rehabilitation Act of 1973 that affects the meaning of disability in Section 504. The Amendments Act broadens the interpretation of disability. The Amendments Act does not require ED to amend its Section 504 regulations. ED's Section 504 regulations as currently written are valid and OCR is enforcing them consistent with the Amendments Act. In addition, OCR is currently evaluating the impact of the Amendments Act on OCR's enforcement responsibilities under Section 504 and Title II of the ADA, including whether any changes in regulations, guidance, or other publications are appropriate. The revisions to this Frequently Asked Questions document do not address the effects, if any, on Section 504 and Title II of the amendments to the regulations implementing the Individuals with Disabilities Education Act (IDEA) that were published in the Federal Register at 73 Fed. Reg. 73006 (December 1, 2008).
INTRODUCTION
An important responsibility of the Office for Civil Rights (OCR) is to eliminate discrimination on the basis of disability against students with disabilities. OCR receives numerous complaints and inquiries in the area of elementary and secondary education involving Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794 (Section 504). Most of these concern identification of students who are protected by Section 504 and the means to obtain an appropriate education for such students.

Section 504 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive Federal financial assistance from the U.S. Department of Education (ED). Section 504 provides: "No otherwise qualified individual with a disability in the United States . . . shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance . . . ."

OCR enforces Section 504 in programs and activities that receive Federal financial assistance from ED. Recipients of this Federal financial assistance include public school districts, institutions of higher education, and other state and local education agencies. The regulations implementing Section 504 in the context of educational institutions appear at 34 C.F.R. Part 104.

The Section 504 regulations require a school district to provide a "free appropriate public education" (FAPE) to each qualified student with a disability who is in the school district's jurisdiction, regardless of the nature or severity of the disability. Under Section 504, FAPE consists of the provision of regular or special education and related aids and services designed to meet the student's individual educational needs as adequately as the needs of nondisabled students are met.

This resource document clarifies pertinent requirements of Section 504.

For additional information, please contact the Office for Civil Rights.
INTERRELATIONSHIP OF IDEA AND SECTION 504 1. What is the jurisdiction of the Office for Civil Rights (OCR), the Office of Special Education and Rehabilitative Services (OSERS) and state departments of education/instruction regarding educational services to students with disabilities?
OCR, a component of the U.S. Department of Education, enforces Section 504 of the Rehabilitation Act of 1973, as amended, (Section 504) a civil rights statute which prohibits discrimination against individuals with disabilities. OCR also enforces Title II of the Americans with Disabilities Act of 1990 (Title II), which extends this prohibition against discrimination to the full range of state and local government services, programs, and activities (including public schools) regardless of whether they receive any Federal financial assistance. The Americans with Disabilities Act Amendments Act of 2008 (Amendments Act), effective January 1, 2009, amended the Americans with Disabilities Act of 1990 (ADA) and included a conforming amendment to the Rehabilitation Act of 1973 (Rehabilitation Act) that affects the meaning of disability in Section 504. The standards adopted by the ADA were designed not to restrict the rights or remedies available under Section 504. The Title II regulations applicable to free appropriate public education issues do not provide greater protection than applicable Section 504 regulations. This guidance focuses primarily on Section 504.

Section 504 prohibits discrimination on the basis of disability in programs or activities that receive Federal financial assistance from the U.S. Department of Education. Title II prohibits discrimination on the basis of disability by state and local governments. The Office of Special Education and Rehabilitative Services (OSERS), also a component of the U.S. Department of Education, administers the Individuals with Disabilities Education Act (IDEA), a statute which funds special education programs. Each state educational agency is responsible for administering IDEA within the state and distributing the funds for special education programs. IDEA is a grant statute and attaches many specific conditions to the receipt of Federal IDEA funds. Section 504 and the ADA are antidiscrimination laws and do not provide any type of funding.

2. How does OCR get involved in disability issues within a school district?

OCR receives complaints from parents, students or advocates, conducts agency initiated compliance reviews, and provides technical assistance to school districts, parents or advocates.

3. Where can a school district, parent, or student get information on Section 504 or find out information about OCR's interpretation of Section 504 and Title II?

OCR provides technical assistance to school districts, parents, and students upon request. Additionally, regulations and publicly issued policy guidance is available on OCR's website, at http://www.ed.gov/policy/rights/guid/ocr/disability.html.
4. What services are available for students with disabilities under Section 504?
Section 504 requires recipients to provide to students with disabilities appropriate educational services designed to meet the individual needs of such students to the same extent as the needs of students without disabilities are met. An appropriate education for a student with a disability under the Section 504 regulations could consist of education in regular classrooms, education in regular classes with supplementary services, and/or special education and related services.

5. Does OCR examine individual placement or other educational decisions for students with disabilities?

Except in extraordinary circumstances, OCR does not review the result of individual placement or other educational decisions so long as the school district complies with the procedural requirements of Section 504 relating to identification and location of students with disabilities, evaluation of such students, and due process. Accordingly, OCR generally will not evaluate the content of a Section 504 plan or of an individualized education program (IEP); rather, any disagreement can be resolved through a due process hearing. The hearing would be conducted under Section 504 or the IDEA, whichever is applicable.

OCR will examine procedures by which school districts identify and evaluate students with disabilities and the procedural safeguards which those school districts provide students. OCR will also examine incidents in which students with disabilities are allegedly subjected to treatment which is different from the treatment to which similarly situated students without disabilities are subjected. Such incidents may involve the unwarranted exclusion of disabled students from educational programs and services.

6. What protections does OCR provide against retaliation?

Retaliatory acts are prohibited. A recipient is prohibited from intimidating, threatening, coercing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by Section 504.

7. Does OCR mediate complaints?

OCR does not engage in formal mediation. However, OCR may offer to facilitate mediation, referred to as "Early Complaint Resolution," to resolve a complaint filed under Section 504. This approach brings the parties together so that they may discuss possible resolution of the complaint immediately. If both parties are willing to utilize this approach, OCR will work with the parties to facilitate resolution by providing each an understanding of pertinent legal standards and possible remedies. An agreement reached between the parties is not monitored by OCR.

8. What does noncompliance with Section 504 mean?

A school district is out of compliance when it is violating any provision of the Section 504 statute or regulations.

9. What sanctions can OCR impose on a school district that is out of compliance?

OCR initially attempts to bring the school district into voluntary compliance through negotiation of a corrective action agreement. If OCR is unable to achieve voluntary compliance, OCR will initiate enforcement action. OCR may: (1) initiate administrative proceedings to terminate Department of Education financial assistance to the recipient; or (2) refer the case to the Department of Justice for judicial proceedings.

10. Who has ultimate authority to enforce Section 504?

In the educational context, OCR has been given administrative authority to enforce Section 504. Section 504 is a Federal statute that may be enforced through the Department's administrative process or through the Federal court system. In addition, a person may at any time file a private lawsuit against a school district. The Section 504 regulations do not contain a requirement that a person file a complaint with OCR and exhaust his or her administrative remedies before filing a private lawsuit.
STUDENTS PROTECTED UNDER SECTION 504
Section 504 covers qualified students with disabilities who attend schools receiving Federal financial assistance. To be protected under Section 504, a student must be determined to: (1) have a physical or mental impairment that substantially limits one or more major life activities; or (2) have a record of such an impairment; or (3) be regarded as having such an impairment. Section 504 requires that school districts provide a free appropriate public education (FAPE) to qualified students in their jurisdictions who have a physical or mental impairment that substantially limits one or more major life activities.

11. What is a physical or mental impairment that substantially limits a major life activity?

The determination of whether a student has a physical or mental impairment that substantially limits a major life activity must be made on the basis of an individual inquiry. The Section 504 regulatory provision at 34 C.F.R. 104.3(j)(2)(i) defines a physical or mental impairment as any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or any mental or psychological disorder, such as intellectual disabilities, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The regulatory provision does not set forth an exhaustive list of specific diseases and conditions that may constitute physical or mental impairments because of the difficulty of ensuring the comprehensiveness of such a list.

Major life activities, as defined in the Section 504 regulations at 34 C.F.R. 104.3(j)(2)(ii), include functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. This list is not exhaustive. Other functions can be major life activities for purposes of Section 504. In the Amendments Act (see FAQ 1), Congress provided additional examples of general activities that are major life activities, including eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating. Congress also provided a non-exhaustive list of examples of "major bodily functions" that are major life activities, such as the functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. The Section 504 regulatory provision, though not as comprehensive as the Amendments Act, is still valid - the Section 504 regulatory provision's list of examples of major life activities is not exclusive, and an activity or function not specifically listed in the Section 504 regulatory provision can nonetheless be a major life activity.

12. Does the meaning of the phrase "qualified student with a disability" differ on the basis of a student's educational level, i.e., elementary and secondary versus postsecondary?

Yes. At the elementary and secondary educational level, a "qualified student with a disability" is a student with a disability who is: of an age at which students without disabilities are provided elementary and secondary educational services; of an age at which it is mandatory under state law to provide elementary and secondary educational services to students with disabilities; or a student to whom a state is required to provide a free appropriate public education under the Individuals with Disabilities Education Act (IDEA).

At the postsecondary educational level, a qualified student with a disability is a student with a disability who meets the academic and technical standards requisite for admission or participation in the institution's educational program or activity.

13. Does the nature of services to which a student is entitled under Section 504 differ by educational level?

Yes. Public elementary and secondary recipients are required to provide a free appropriate public education to qualified students with disabilities. Such an education consists of regular or special education and related aids and services designed to meet the individual educational needs of students with disabilities as adequately as the needs of students without disabilities are met.

At the postsecondary level, the recipient is required to provide students with appropriate academic adjustments and auxiliary aids and services that are necessary to afford an individual with a disability an equal opportunity to participate in a school's program. Recipients are not required to make adjustments or provide aids or services that would result in a fundamental alteration of a recipient's program or impose an undue burden.

14. Once a student is identified as eligible for services under Section 504, is that student always entitled to such services?

Yes, as long as the student remains eligible. The protections of Section 504 extend only to individuals who meet the regulatory definition of a person with a disability. If a recipient school district re-evaluates a student in accordance with the Section 504 regulatory provision at 34 C.F.R. 104.35 and determines that the student's mental or physical impairment no longer substantially limits his/her ability to learn or any other major life activity, the student is no longer eligible for services under Section 504.

15. Are current illegal users of drugs excluded from protection under Section 504?

Generally, yes. Section 504 excludes from the definition of a student with a disability, and from Section 504 protection, any student who is currently engaging in the illegal use of drugs when a covered entity acts on the basis of such use. (There are exceptions for persons in rehabilitation programs who are no longer engaging in the illegal use of drugs).

16. Are current users of alcohol excluded from protection under Section 504?

No. Section 504's definition of a student with a disability does not exclude users of alcohol. However, Section 504 allows schools to take disciplinary action against students with disabilities using drugs or alcohol to the same extent as students without disabilities.
EVALUATION
At the elementary and secondary school level, determining whether a child is a qualified disabled student under Section 504 begins with the evaluation process. Section 504 requires the use of evaluation procedures that ensure that children are not misclassified, unnecessarily labeled as having a disability, or incorrectly placed, based on inappropriate selection, administration, or interpretation of evaluation materials.

17. What is an appropriate evaluation under Section 504?

Recipient school districts must establish standards and procedures for initial evaluations and periodic re-evaluations of students who need or are believed to need special education and/or related services because of disability. The Section 504 regulatory provision at 34 C.F.R. 104.35(b) requires school districts to individually evaluate a student before classifying the student as having a disability or providing the student with special education. Tests used for this purpose must be selected and administered so as best to ensure that the test results accurately reflect the student's aptitude or achievement or other factor being measured rather than reflect the student's disability, except where those are the factors being measured. Section 504 also requires that tests and other evaluation materials include those tailored to evaluate the specific areas of educational need and not merely those designed to provide a single intelligence quotient. The tests and other evaluation materials must be validated for the specific purpose for which they are used and appropriately administered by trained personnel.

18. How much is enough information to document that a student has a disability?

At the elementary and secondary education level, the amount of information required is determined by the multi-disciplinary committee gathered to evaluate the student. The committee should include persons knowledgeable about the student, the meaning of the evaluation data, and the placement options. The committee members must determine if they have enough information to make a knowledgeable decision as to whether or not the student has a disability. The Section 504 regulatory provision at 34 C.F.R. 104.35(c) requires that school districts draw from a variety of sources in the evaluation process so that the possibility of error is minimized. The information obtained from all such sources must be documented and all significant factors related to the student's learning process must be considered. These sources and factors may include aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior. In evaluating a student suspected of having a disability, it is unacceptable to rely on presumptions and stereotypes regarding persons with disabilities or classes of such persons. Compliance with the IDEA regarding the group of persons present when an evaluation or placement decision is made is satisfactory under Section 504.

19. What process should a school district use to identify students eligible for services under Section 504? Is it the same process as that employed in identifying students eligible for services under the IDEA?

School districts may use the same process to evaluate the needs of students under Section 504 as they use to evaluate the needs of students under the IDEA. If school districts choose to adopt a separate process for evaluating the needs of students under Section 504, they must follow the requirements for evaluation specified in the Section 504 regulatory provision at 34 C.F.R. 104.35.

20. May school districts consider "mitigating measures" used by a student in determining whether the student has a disability under Section 504?

No. As of January 1, 2009, school districts, in determining whether a student has a physical or mental impairment that substantially limits that student in a major life activity, must not consider the ameliorating effects of any mitigating measures that student is using. This is a change from prior law. Before January 1, 2009, school districts had to consider a student's use of mitigating measures in determining whether that student had a physical or mental impairment that substantially limited that student in a major life activity. In the Amendments Act (see FAQ 1), however, Congress specified that the ameliorative effects of mitigating measures must not be considered in determining if a person is an individual with a disability.

Congress did not define the term "mitigating measures" but rather provided a non-exhaustive list of "mitigating measures." The mitigating measures are as follows: medication; medical supplies, equipment or appliances; low-vision devices (which do not include ordinary eyeglasses or contact lenses); prosthetics (including limbs and devices); hearing aids and cochlear implants or other implantable hearing devices; mobility devices; oxygen therapy equipment and supplies; use of assistive technology; reasonable accommodations or auxiliary aids or services; and learned behavioral or adaptive neurological modifications.

Congress created one exception to the mitigating measures analysis. The ameliorative effects of the mitigating measures of ordinary eyeglasses or contact lenses shall be considered in determining if an impairment substantially limits a major life activity. "Ordinary eyeglasses or contact lenses" are lenses that are intended to fully correct visual acuity or eliminate refractive error, whereas "low-vision devices" (listed above) are devices that magnify, enhance, or otherwise augment a visual image.

21. Does OCR endorse a single formula or scale that measures substantial limitation?

No. The determination of substantial limitation must be made on a case-by-case basis with respect to each individual student. The Section 504 regulatory provision at 34 C.F.R. 104.35 (c) requires that a group of knowledgeable persons draw upon information from a variety of sources in making this determination.

22. Are there any impairments which automatically mean that a student has a disability under Section 504?

No. An impairment in and of itself is not a disability. The impairment must substantially limit one or more major life activities in order to be considered a disability under Section 504.

23. Can a medical diagnosis suffice as an evaluation for the purpose of providing FAPE?

No. A physician's medical diagnosis may be considered among other sources in evaluating a student with an impairment or believed to have an impairment which substantially limits a major life activity. Other sources to be considered, along with the medical diagnosis, include aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior. As noted in FAQ 22, the Section 504 regulations require school districts to draw upon a variety of sources in interpreting evaluation data and making placement decisions.

24. Does a medical diagnosis of an illness automatically mean a student can receive services under Section 504?

No. A medical diagnosis of an illness does not automatically mean a student can receive servicesunder Section 504. The illness must cause a substantial limitation on the student's ability to learn or another major life activity. For example, a student who has a physical or mental impairment would not be considered a student in need of services under Section 504 if the impairment does not in any way limit the student's ability to learn or other major life activity, or only results in some minor limitation in that regard.

25. How should a recipient school district handle an outside independent evaluation? Do all data brought to a multi-disciplinary committee need to be considered and given equal weight?

The results of an outside independent evaluation may be one of many sources to consider. Multi-disciplinary committees must draw from a variety of sources in the evaluation process so that the possibility of error is minimized. All significant factors related to the subject student's learning process must be considered. These sources and factors include aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior, among others. Information from all sources must be documented and considered by knowledgeable committee members. The weight of the information is determined by the committee given the student's individual circumstances.

26. What should a recipient school district do if a parent refuses to consent to an initial evaluation under the Individuals with Disabilities Education Act (IDEA), but demands a Section 504 plan for a student without further evaluation?

A school district must evaluate a student prior to providing services under Section 504. Section 504 requires informed parental permission for initial evaluations. If a parent refuses consent for an initial evaluation and a recipient school district suspects a student has a disability, the IDEA and Section 504 provide that school districts may use due process hearing procedures to seek to override the parents' denial of consent.

27. Who in the evaluation process makes the ultimate decision regarding a student's eligibility for services under Section 504?

The Section 504 regulatory provision at 34 C.F.R.104.35 (c) (3) requires that school districts ensure that the determination that a student is eligible for special education and/or related aids and services be made by a group of persons, including persons knowledgeable about the meaning of the evaluation data and knowledgeable about the placement options. If a parent disagrees with the determination, he or she may request a due process hearing.

28. Once a student is identified as eligible for services under Section 504, is there an annual or triennial review requirement? If so, what is the appropriate process to be used? Or is it appropriate to keep the same Section 504 plan in place indefinitely after a student has been identified?

Periodic re-evaluation is required. This may be conducted in accordance with the IDEA regulations, which require re-evaluation at three-year intervals (unless the parent and public agency agree that re-evaluation is unnecessary) or more frequently if conditions warrant, or if the child's parent or teacher requests a re-evaluation, but not more than once a year (unless the parent and public agency agree otherwise).

29. Is a Section 504 re-evaluation similar to an IDEA re-evaluation? How often should it be done?

Yes. Section 504 specifies that re-evaluations in accordance with the IDEA is one means of compliance with Section 504. The Section 504 regulations require that re-evaluations be conducted periodically. Section 504 also requires a school district to conduct a re-evaluation prior to a significant change of placement. OCR considers an exclusion from the educational program of more than 10 school days a significant change of placement. OCR would also consider transferring a student from one type of program to another or terminating or significantly reducing a related service a significant change in placement.

30. What is reasonable justification for referring a student for evaluation for services under Section 504?

School districts may always use regular education intervention strategies to assist students with difficulties in school. Section 504 requires recipient school districts to refer a student for an evaluation for possible special education or related aids and services or modification to regular education if the student, because of disability, needs or is believed to need such services.

31. A student is receiving services that the school district maintains are necessary under Section 504 in order to provide the student with an appropriate education. The student's parent no longer wants the student to receive those services. If the parent wishes to withdraw the student from a Section 504 plan, what can the school district do to ensure continuation of services?

The school district may initiate a Section 504 due process hearing to resolve the dispute if the district believes the student needs the services in order to receive an appropriate education.

32. A student has a disability referenced in the IDEA, but does not require special education services. Is such a student eligible for services under Section 504?

The student may be eligible for services under Section 504. The school district must determine whether the student has an impairment which substantially limits his or her ability to learn or another major life activity and, if so, make an individualized determination of the child's educational needs for regular or special education or related aids or services. For example, such a student may receive adjustments in the regular classroom.

33. How should a recipient school district view a temporary impairment?

A temporary impairment does not constitute a disability for purposes of Section 504 unless its severity is such that it results in a substantial limitation of one or more major life activities for an extended period of time. The issue of whether a temporary impairment is substantial enough to be a disability must be resolved on a case-by-case basis, taking into consideration both the duration (or expected duration) of the impairment and the extent to which it actually limits a major life activity of the affected individual.

In the Amendments Act (see FAQ 1), Congress clarified that an individual is not "regarded as" an individual with a disability if the impairment is transitory and minor. A transitory impairment is an impairment with an actual or expected duration of 6 months or less.
34. Is an impairment that is episodic or in remission a disability under Section 504?
Yes, under certain circumstances. In the Amendments Act (see FAQ 1), Congress clarified that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active. A student with such an impairment is entitled to a free appropriate public education under Section 504.
PLACEMENT
Once a student is identified as being eligible for regular or special education and related aids or services, a decision must be made regarding the type of services the student needs.

35. If a student is eligible for services under both the IDEA and Section 504, must a school district develop both an individualized education program (IEP) under the IDEA and a Section 504 plan under Section 504?

No. If a student is eligible under IDEA, he or she must have an IEP. Under the Section 504 regulations, one way to meet Section 504 requirements for a free appropriate public education is to implement an IEP.

36. Must a school district develop a Section 504 plan for a student who either "has a record of disability" or is "regarded as disabled"?

No. In public elementary and secondary schools, unless a student actually has an impairment that substantially limits a major life activity, the mere fact that a student has a "record of" or is "regarded as" disabled is insufficient, in itself, to trigger those Section 504 protections that require the provision of a free appropriate public education (FAPE). This is consistent with the Amendments Act (see FAQ 1), in which Congress clarified that an individual who meets the definition of disability solely by virtue of being "regarded as" disabled is not entitled to reasonable accommodations or the reasonable modification of policies, practices or procedures. The phrases "has a record of disability" and "is regarded as disabled" are meant to reach the situation in which a student either does not currently have or never had a disability, but is treated by others as such.

As noted in FAQ 34, in the Amendments Act (see FAQ 1), Congress clarified that an individual is not "regarded as" an individual with a disability if the impairment is transitory and minor. A transitory impairment is an impairment with an actual or expected duration of 6 months or less.

37. What is the receiving school district's responsibility under Section 504 toward a student with a Section 504 plan who transfers from another district?

If a student with a disability transfers to a district from another school district with a Section 504 plan, the receiving district should review the plan and supporting documentation. If a group of persons at the receiving school district, including persons knowledgeable about the meaning of the evaluation data and knowledgeable about the placement options determines that the plan is appropriate, the district is required to implement the plan. If the district determines that the plan is inappropriate, the district is to evaluate the student consistent with the Section 504 procedures at 34 C.F.R. 104.35 and determine which educational program is appropriate for the student. There is no Section 504 bar to the receiving school district honoring the previous IEP during the interim period. Information about IDEA requirements when a student transfers is available from the Office of Special Education and Rehabilitative Services at http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C3%2C

40. What are the responsibilities of regular education teachers with respect to implementation of Section 504 plans? What are the consequences if the district fails to implement the plans?

Regular education teachers must implement the provisions of Section 504 plans when those plans govern the teachers' treatment of students for whom they are responsible. If the teachers fail to implement the plans, such failure can cause the school district to be in noncompliance with Section 504.

41. What is the difference between a regular education intervention plan and a Section 504 plan?

A regular education intervention plan is appropriate for a student who does not have a disability or is not suspected of having a disability but may be facing challenges in school. School districts vary in how they address performance problems of regular education students. Some districts employ teams at individual schools, commonly referred to as "building teams." These teams are designed to provide regular education classroom teachers with instructional support and strategies for helping students in need of assistance. These teams are typically composed of regular and special education teachers who provide ideas to classroom teachers on methods for helping students experiencing academic or behavioral problems. The team usually records its ideas in a written regular education intervention plan. The team meets with an affected student's classroom teacher(s) and recommends strategies to address the student's problems within the regular education environment. The team then follows the responsible teacher(s) to determine whether the student's performance or behavior has improved. In addition to building teams, districts may utilize other regular education intervention methods, including before-school and after-school programs, tutoring programs, and mentoring programs.
PROCEDURAL SAFEGUARDS
Public elementary and secondary schools must employ procedural safeguards regarding the identification, evaluation, or educational placement of persons who, because of disability, need or are believed to need special instruction or related services.

42. Must a recipient school district obtain parental consent prior to conducting an initial evaluation?

Yes. OCR has interpreted Section 504 to require districts to obtain parental permission for initial evaluations. If a district suspects a student needs or is believed to need special instruction or related services and parental consent is withheld, the IDEA and Section 504 provide that districts may use due process hearing procedures to seek to override the parents' denial of consent for an initial evaluation.

43. If so, in what form is consent required?

Section 504 is silent on the form of parental consent required. OCR has accepted written consent as compliance. IDEA as well as many state laws also require written consent prior to initiating an evaluation.

44. What can a recipient school district do if a parent withholds consent for a student to secure services under Section 504 after a student is determined eligible for services?

Section 504 neither prohibits nor requires a school district to initiate a due process hearing to override a parental refusal to consent with respect to the initial provision of special education and related services. Nonetheless, school districts should consider that IDEA no longer permits school districts to initiate a due process hearing to override a parental refusal to consent to the initial provision of services.

45. What procedural safeguards are required under Section 504?

Recipient school districts are required to establish and implement procedural safeguards that include notice, an opportunity for parents to review relevant records, an impartial hearing with opportunity for participation by the student's parents or guardian, representation by counsel and a review procedure.
46. What is a recipient school district's responsibility under Section 504 to provide information to parents and students about its evaluation and placement process?
Section 504 requires districts to provide notice to parents explaining any evaluation and placement decisions affecting their children and explaining the parents' right to review educational records and appeal any decision regarding evaluation and placement through an impartial hearing.

47. Is there a mediation requirement under Section 504?

No.
TERMINOLOGY
The following terms may be confusing and/or are frequently used incorrectly in the elementary and secondary school context.

Equal access: equal opportunity of a qualified person with a disability to participate in or benefit from educational aid, benefits, or services

Free appropriate public education (FAPE): a term used in the elementary and secondary school context; for purposes of Section 504, refers to the provision of regular or special education and related aids and services that are designed to meet individual educational needs of students with disabilities as adequately as the needs of students without disabilities are met and is based upon adherence to procedures that satisfy the Section 504 requirements pertaining to educational setting, evaluation and placement, and procedural safeguards

Placement: a term used in the elementary and secondary school context; refers to regular and/or special educational program in which a student receives educational and/or related services

Reasonable accommodation: a term used in the employment context to refer to modifications or adjustments employers make to a job application process, the work environment, the manner or circumstances under which the position held or desired is customarily performed, or that enable a covered entity's employee with a disability to enjoy equal benefits and privileges of employment; this term is sometimes used incorrectly to refer to related aids and services in the elementary and secondary school context or to refer to academic adjustments, reasonable modifications, and auxiliary aids and services in the postsecondary school context

Reasonable modifications: under a regulatory provision implementing Title II of the ADA, public entities are required to make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity

Related services: a term used in the elementary and secondary school context to refer to developmental, corrective, and other supportive services, including psychological, counseling and medical diagnostic services and transportation

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special education; disabilities; disability discrimination; fape; free appropriate public education

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Frequently Asked Questions about Section 504 requirements for the education by school districts of students with disabilities

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Guidance and Answers to FAQs on COVID-19 Compensatory Services

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Guidance and Answers to FAQs on COVID-19 Compensatory Services

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What are COVID-19 Compensatory Services?
In this guidance document, the term "COVID-19 Compensatory Services (CCS)" refers to services as determined by an IEP team needed to remedy a student's skill and/or behavior loss and/or lack of progress that resulted from an LEA's inability to provide FAPE during the extended school closure. CCS should be considered only after the student receives services as set forth in his or her IEP for a period of time ("recoupment period"). This will give the student an opportunity to recoup the lost skills or behavior or to make progress to the level(s) determined appropriate prior to the extended school closure.
What is the process to determine if a student eligible under the Individuals with Disabilities Education Act (IDEA) needsCCS?
As soon as in-person instruction restarts, LEAs should resume implementation of each student's current IEP.

Within the first few weeks of in-person instruction resuming, LEAs should:

No later than the end of the third month of the 2020-21 school year, the IEP team should review the progress of any student who regressed during the extended school closure and who received services since the start of the school year using multiple data sources. With this data, the IEP team should determine whether, and to what extent, the student recouped the lost skills and/or behaviors and/or has made meaningful progress. If a student is continuing to evidence a loss of skills and/or behaviors and/or failing to make progress due to the LEA's inability to provide FAPE during the extended school closure, then the IEP team should determine whether and to what extent the student needs CCS.

What factors and sources of data should an IEP team consider when determining if a student needs CCS?

The IEP team should consider the following factors and sources of data collected during the extended school closure and during any period in which a student receives services:

Levels of academic and functional performance, including levels of performance on all IEP goals prior to the extended school closure as compared to the student's current level of performance as measured from the baseline data collection.

Information and observations from teachers, related services providers, parents, caregivers, and other family members.

The student's ability to access remote learning opportunities and special education services during the extended school closure.

The student's engagement in the learning process during the extended school closure.

The amount of skill and/or behavior loss and/or lack of progress the student experienced during the extended school closure.

Historical data regarding the student's ability to recoup lost skills and/or behavior (i.e., comparing the rate of progress during periods of interrupted educational programming prior to the extended school closure to the rate of progress after the extended school closure).

Services provided during the extended school closure.

Data collected through progress monitoring and progress reports.

Results from informal and/or formal assessments.

How should an IEP team calculate CCS?
The IEP team should calculate CCS on an individualized basis. The IEP team should consider the student's loss of skills and/or behaviors and/or lack of progress due to an LEA's inability to provide FAPE during the extended school closure and whether the student was able to recoup the lost skills and/or behaviors and/or to make meaningful progress during any period in which the student received services. If there is any remaining loss in skills and/or behaviors and/or lack of progress after the recoupment period associated with the COVID-19 pandemic, but no later than the first three months of the 2020-21 school year, the IEP team should determine whether and to what extent the student needs CCS. If the student needs CCS, the IEP team should determine the type and amount of CCS and how CCS will be delivered. CSS should not supplant the student's current IEP, and the IEP team should refrain from altering the least restrictive environment if CCS are offered during the school day.

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What are COVID-19 Compensatory Services? In this guidance document, the term "COVID-19 Compensatory Services (CCS)" refers to services as determined by an IEP team needed to remedy a student's skill and/or behavior loss and/or lack of progress that resulted from an LEA's inability to provide FAPE during the extended school closure.

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PRIOR WRITTEN NOTICE FOR A REEVALUATION (Annotated)

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PRIOR WRITTEN NOTICE FOR A REEVALUATION (Annotated)

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Prior Written Notice For Reevaluation 2023

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REQUEST FOR CONSENT FOR A REEVALUATION (Annotated)

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REQUEST FOR CONSENT FOR A REEVALUATION (Annotated)

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Request for Consent for Reevaluation Form 2023

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Effective Practices for Transition Planning

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Effective Practices for Transition Planning

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Under the Individuals with Disabilities Act (IDEA) of 2004, Part B, established the need for each state to develop State Performance Plans which address accountability requirements. Within the State Performances Plan (SPP), Indicator 13 is the basis for effective and compliant secondary transition practices.Under the Individuals with Disabilities Act (IDEA) of 2004, Part B, established the need for each state to develop State Performance Plans which address accountability requirements. Within the State Performances Plan (SPP), Indicator 13 is the basis for effective and compliant secondary transition practices.

The Indicator 13 Compliance Module Seriesis a training series developed by PaTTAN and Intermediate Unit Secondary Transition consultants in response to the accountability requirements under the Individuals with Disabilities Education Act ( IDEA ) of 2004, Part B State Performance Plans as it relates to secondary transition. The module series highlights effective practices in secondary transition. The series is designed to provide an overview of the seven areas required by Indicator 13 for compliant, secondary transition practices.

Each module contains a pre-test, PowerPoint presentation, effective practices Q&A discussion and a post-test. Participants are encouraged to view the Overview Module prior to completing any of the individual content modules.

The Modules:

Overview: The Overview module provides and introduction to the Indicator 13 Compliance Module Series and explains the format of each of the six modules in this series.

Module 1: This module provides a compliance and effective practices overview of outside agency and student involvement in the IEP meeting.

Pre and Post Test - https://fs25.formsite.com/3fHiZQ/Indicator13CSTPModule1/index

​Module 2: This module provides a compliance and effective practices overview of interest/preference, academic, and functional assessment.

Pre & Post Test - https://fs25.formsite.com/3fHiZQ/Indicator13CSTPModule2/index

​Module 3: This module provides a compliance and effective practices overview of Post-Secondary Goals related to education/training, employment, and independent living.

Pre & Post Test - https://fs25.formsite.com/3fHiZQ/Indicator13CSTPModule3/index

​Module 4: This module provides a compliance and effective practices overview of how to annually update the three Post-Secondary Goal areas.

Pre & Post Test - https://fs25.formsite.com/3fHiZQ/Indicator13CSTPModule4/index

Module 5: This module provides a compliance and effective practices overview of the "transition grid" section of the IEP . Included in this section is a discussion regarding Courses of Study, Activities and Services related to the Post-Secondary Goals.

Pre & Post Test - https://fs25.formsite.com/3fHiZQ/Indicator13CSTPModule5/index

​Module 6: This module provides a compliance and effective practices overview of Measurable Annual Goals

Pre & Post Test - https://fs25.formsite.com/3fHiZQ/Indicator13CSTPModule6/index

Resources:

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Effective Practices for Transition Planning

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Under the Individuals with Disabilities Act (IDEA) of 2004, Part B, established the need for each state to develop State Performance Plans which address accountability requirements. Within the State Performances Plan (SPP), Indicator 13 is the basis for effective and compliant secondary transition practices.Under the Individuals with Disabilities Act (IDEA) of 2004, Part B, established the need for each state to develop State Performance Plans which address accountability requirements.

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Attract Prepare Retain Networking and Learning Communities

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Attract Prepare Retain Networking and Learning Communities

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National Center on Intensive Intervention (NCII): Progress Monitoring of Intensive Interventions using the Data-Based Individualization  (DBI) Process

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National Center on Intensive Intervention (NCII): Progress Monitoring of Intensive Interventions using the Data-Based Individualization  (DBI) Process

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"DBI is a research-based process for individualizing and intensifying interventions through the systematic use of assessment data, validated interventions, and research-based adaptation strategies. DBI is a process, not a specific program or product. The process is driven by data, characterized by increased intensity and individualization, and considers the academic and behavioral needs of the student. In some schools, intensive intervention may be known as “Tier 3 intervention,” and may be embedded within a multi-tiered system of support (MTSS) framework.

DBI is the technical term for what many good teachers do naturally through the problem-solving process: frequently review student data and make changes to their teaching based on what works for students. DBI, however, makes this process systematic, explicit, and tailored to meet the needs of individual students through a multi-step process that gradually intensifies instruction and support.

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DBI is a research-based process for individualizing and intensifying interventions through the systematic use of assessment data, validated interventions, and research-based adaptation strategies. DBI is a process, not a specific program or product. The process is driven by data, characterized by increased intensity and individualization, and considers the academic and behavioral needs of the student. In some schools, intensive intervention may be known as "Tier 3 intervention," and may be embedded within a multi-tiered system of support (MTSS) framework.

DBI is the technical term for what many good teachers do naturally through the problem-solving process: frequently review student data and make changes to their teaching based on what works for students. DBI, however, makes this process systematic, explicit, and tailored to meet the needs of individual students through a multi-step process that gradually intensifies instruction and support. Learn more.
Click on each step of the DBI graphic to learn more about the DBI process and find relevant resources.
Why is DBI Important for Students?

Outcome data suggest that our current system does not adequately prepare students with the most intensive needs, particularly students with disabilities. Students with disabilities continue to fall behind their same-age peers in reading and math and are more likely to experience discipline problems at school. In addition, although validated intervention programs have been found to be effective for many students, some students will not respond to the intervention as designed.

Who needs DBI?

DBI is intended to help a small subgroup of students who:

1. Are not making adequate progress in their current intervention program (often, a Tier 2, evidence-based intervention)

2. Are not meeting individualized education program (IEP) goals

3. Have persistently low academic achievement

4. Have high-intensity/frequency behavior

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Data Based Individualization: Intensive Intervention | NCII

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Learn what data-based individualization is and how it is used to helps students with persistent learning & behavioral needs, including those with disabilities.

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PaTTAN - SSDVE Presents: Progress Monitoring in Evolving Instructional Models

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This presentation will assist practitioners with maintaining progress monitoring as instructional models continue to evolve in the weeks and months to come. The session will offer considerations and strategies for using digital tools to collect and analyze data with practical applications for scenarios such as monitoring students who are transitioning to 100% in-person instruction, monitoring students who remain 100% virtual while others return to the classroom, and monitoring students in a hybrid learning model.

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2025 PaTTAN Math Symposium Poster and Film Requests

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2025 PaTTAN Math Symposium Poster and Film Requests