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This padlet is designed to support elementary campus teachers in understanding the process and legal guidelines behind students' Individualized Education Program (IEPs).  I'm writing this from the perspective of an elementary principal. Teachers know what an IEP is but they do not necessarily understand the legal requirements and how goal setting takes place on a student's IEP.  With teachers being a part of the ARD process and making decisions toward students' IEPs I felt it was appropriate for them to have the whole view of the process of creating and implementing IEPs for special education students.

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Why are IEPs important in elementary education? All students in special education must have an Individualized Education Program. This is where the student's goals are set and will align with the student's current level of development regardless of grade level. IEPs impact education by supporting students that have disabilities. This process allows us to focus on growth and goal setting for these students.

A current issue related to IEPs that you might want to watch would be the effects of Covid-19 and school closures on IEPs and goal setting. Districts were advised by the Texas Education Agency that they must make every reasonable effort to support students on their goals even in the event of a school closure.   ARD committees should address students' specific needs resulting from the closure when the student returns to in-person instruction. Decisions for students need to be focused on health and safety first.

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This article goes into detail about annual goals that are written for students with an IEP.  An annual goal begins when the IEP is implemented until the next scheduled review. These goals are going to be aligned with the student's current level of performance.  Goals are focused on what the student should accomplish that school year.  A goal must be meaningful, measurable, and able to be monitored so further decisions can be made for the student. This article bullet points several principles for creating goals for the IEP. For example, goals should be general statements, easy to understand for everyone on the IEP team, and goals should be challenging but meet the student's needs. Goes into detail about measurable goals for students and even provides examples of what a measurable goal is or could be for a student. Also discusses how you measure and determine progress on goals for students. Just because you schedule to measure the goal at a particular time does not mean the student has or will meet the goal at this time.  In the end, you will find a question and answer section that has many frequently asked questions relating to student IEPs.

National Association of Special Education Teachers: Determining Measurable Annual Goals in an IEP. (2011b, February 9). National Association of Special Education Teachers. https://www.naset.org/index.php?id=760

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How to Determine Measurable Annual

(Including Academic and Functional Goals)
The term `individualized education program' or `IEP' means a written statement for each child with a disability that is developed, reviewed, and revised in accordance with this section and that includes

(II) a statement of measurable annual goals, including academic and functional goals, designed to--
(aa) meet the child's needs that result from the child's disability to enable the child to be involved in and make progress in the general education curriculum; and
(bb) meet each of the child's other educational needs that result from the child's disability

A goal is a measurable statement that describes what a child is reasonably
expected to accomplish from the specialized educational program during the
school year.

The academic and functional goals should focus on the learning and behavioral problems resulting from the child's disability and be aligned with state and district performance standards. They should address the needs that are summarized in the statement of the child's present levels of academic achievement and functional performance. For those students taking alternate assessment, there should be at least one goal, with corresponding objectives or benchmarks, for each area of need.

The goals and objectives or benchmarks provide a mechanism for determining whether the child is progressing in the special education program and the general education curriculum, and whether the placement and services are appropriate to meet the child's identified educational needs (20 USC 1414 d 1 A i II).

Individual need determinations (i.e., present levels of performance and
individual needs) must provide the basis for written annual goals. The IEP must list measurable annual goals, consistent with the student s needs and abilities to be followed during the period beginning with placement and ending with the next scheduled review by the Committee (effective dates of the IEP).

For each annual goal, the IEP must indicate the benchmarks and/or short-term instructional objectives and evaluative criteria, evaluation procedures and schedules to be used to measure progress toward the annual goal.
The benchmarks or short-term instructional objectives must be measurable,
intermediate steps between present levels of educational performance and the annual goals that are established for a student with a disability.

The measurable annual goals, including benchmarks or short-term objectives, must be related to:

meeting the student s needs that result from the student s disability to
enable the student to be involved in and progress in the general
curriculum (or for preschool students, in appropriate activities); and

meeting each of the student s other educational needs that result from the student s disability.

A goal must be meaningful, measurable, able to be monitored, and useful in
decision making. The annual goal is meaningful if it specifies a level of
performance and an expectation that is reasonable; the skill or knowledge the goal represents is necessary for success in school and post-school activities; and the family believes the accomplishment of the goal is important. The goal is measurable if it reflects performance or behavior that can be measured or observed.

A goal is able to be monitored it there are multiple increments in performance between the present levels of performance and the criteria stated in the goal. The goal should be written so that it can be monitored frequently.
Finally, the goal is useful in making decision regarding the student s education and the effectiveness of the student s IEP.

To meet the requirements of this part, the IEP team reviews and analyzes the present levels of educational performance and then writes an applicable annual goal for each area of need described. Goals must be written to enable the student to be involved in and progress in the general curriculum and to advance in other areas of educational need.

show a direct relationship to the present levels of educational performance;

describe only what the student can reasonably be expected to accomplish
within one school year or the 12-month term of the IEP;

are written in measurable terms;

prepare the student for his or her desired post-school activities, when
planning for the school-to-adult life transition; and

The goal must include at least three parts:

The IEP team writes annual goals that:

1. expected change in performance-specifies the anticipated change in
performance from a baseline and usually reflects an action or can be directly observed;
2. proposed area of change- identifies skill, knowledge, understanding or behavior; and
3. proposed criteria specify the amount of growth, how much and how
frequent, or to what standard or level of proficiency.

Students IEP
Principles of Formulating Goals for a

Goals should be general statements that focus on deficit skill areas.

Goals should be designed to address the needs identified in the statement of the child's present level of academic achievement of functional performance.

Goals should be challenging and describe what a child can reasonably be expected to accomplish during the school year.

All members of the IEP Team should easily understand the language of the goals.

Goals should be written to increase the child's successful participation in the general education curriculum and allow for inclusion in the general education environment to the maximum extent appropriate, or for preschool children, to participate in appropriate activities with non-disabled peers.

Goals should be stated so they are meaningful. Helpful questions to ask include:

When formulating goal statements, use the

Is accomplishment of the goal necessary for success in current and future environments?

Does the family believe the accomplishment of the goal is important?

Does the goal specify a level of performance and expectation that is reasonable?

Goals should be measurable; they must reflect behavior that can be measured.

Goals should be written so they can be monitored frequently and repeatedly.

Goals should be written to enhance decision-making. Monitoring the goal provides data that can be used to determine the effectiveness of the child's educational program.

Goals should reflect transition needs, if appropriate.

Step-by-Step procedures for

determining Measurable Annual Goals

Step A: Determine the Skills the Student

Requires to Master the Content of the

Annual goals should focus on the knowledge, skills, behaviors and strategies to address the student s needs. A student s needs generally relate to domains such as, but not limited to, reading, writing, listening, organization, study skills, communication, physical development, motor skills, cognitive processing, problem-solving, social skills, play skills, memory, visual perception, auditory perception, attention, behavior, and career and community living skills. The goals on a student s IEP should relate to the student s need for specially designed instruction to address the student s disability needs and those needs that interfere with the student s ability to participate and progress in the general curriculum.

Goals should not be a restatement of the general education curriculum (i.e., the same curriculum as for students without disabilities), or a list of everything the student is expected to learn in every curricular content area during the course of the school year or other areas not affected by the student s disability. In developing the IEP goals, the Committee needs to select goals to answer the question: "What skills does the student require to master the content of the curriculum?" rather than "What curriculum content does the student need to master?"

For example, a student may be performing very poorly on written tests in global studies that require written expression. The IEP goal for this student should focus on developing written expressive skills (e.g., using outlines or other strategies to organize sentences in paragraphs) rather than the curriculum goal that the student will write an essay about the economy of a particular country. Generally, goals should address a student s unique needs across the content areas and should link to the standards so that a student has the foundation or precursor skills and strategies needed to access and progress in the curriculum.

An annual goal indicates what the student is expected to be able to do by the end of year in which the IEP is in effect (i.e., the period beginning with placement and ending with the next scheduled review by the Committee). The annual goal takes the student from his/her present level of performance to a level of performance expected by the end of the year.

To be measurable, an annual goal should, in language parents and educators can understand, describe the skill, behavior or knowledge the student will demonstrate and the extent to which it will be demonstrated.

Examples: One year from now,
Jim will write 10 sentences with correct punctuation.
Terry will ask questions about the instructions or materials presented to ensure comprehension.
Tom will use a datebook for appointments and assignments.
Terry will solve multi-step word problems.
Brianna will stand at least two feet away from the other person while conversing.
Lisa will walk 10 feet independently.
Mackenzie will speak in complete sentences.
Ron will point independently to pictures described.
Jose will use word prediction software to write essays.

Terms such as "will improve ," "will increase ." and "will decrease ." are not
specific enough to describe what it is the student is expected to be able to do in one year. To be measurable, a behavior must be observable or able to be counted. In general, it is recommended that goals describe what the student will do, as opposed to what the student will not do.

Example:
The student will ask for a break from work versus The student will not walk out of the classroom without permission.

Step C: Determine Short-term

For each annual goal, the IEP must include short-term instructional objectives or benchmarks. The instructional objectives or benchmarks must include evaluative criteria, evaluation procedures and schedules to be used to measure progress toward the annual goal. Short-term objectives and benchmarks should be general indicators of progress, not detailed instructional plans, that provide the basis to determine how well the student is progressing toward his or her annual goal and which serve as the basis for reporting to parents.

Short-term objectives are the intermediate knowledge and skills that must be
learned in order for the student to reach the annual goal. Short-term objectives break down the skills or steps necessary to accomplish a goal into discrete components.

For example, the sequential steps that one student must demonstrate in order for him to reach the annual goal to "remain in his reading class for the entire period and ask for help when the reading work is difficult for him" are as follows:

Grant will be able to identify what upset him after a behavioral disruption.
Grant will be able to state the physical signs he is feeling when reading work gets difficult and leads to a behavioral disruption.
Grant will raise his hand for assistance when he begins to experience those physical signs.

Benchmarks are the major milestones that the student will demonstrate that will lead to the annual goal. Benchmarks usually designate a target time period for a behavior to occur (i.e., the amount of progress the student is expected to make within specified segments of the year).

Generally, benchmarks establish expected performance levels that allow for
regular checks of progress that coincide with the reporting periods for informing parents of their child s progress toward the annual goals. For example, benchmarks may be used for this same student for this annual goal as follows:

By November, Grant will remain in his reading class for 15 minutes without
disruptions.
By February, Grant will remain in class for 25 minutes without disruptions.
By April, Grant will remain in his reading class for 35 minutes without disruption.
By June, Grant will remain in his reading class for 45 minutes without disruption.

Writing short-term instructional objectives

The following template may assist in the writing of short-term objectives or
benchmarks:

Student will (do what) (to what extent) - (over what period of time) or (by when) as
evaluated through ______________ on the following schedule: ___________________.

S. will wait his turn in group games for 3/5 turn-taking activities over three consecutive days as evaluated through teacher charting of the targeted behavior every 4 weeks.

K. will highlight and/or underline important concepts in reading materials on 4 out of 5 trials over a two-week period as evaluated through corrected work in class every 2 months.

By December, J. will initiate his class work when prompted by the teacher within 3 minutes over 10 consecutive trials as evaluated by structured observations of the targeted behavior once a month.

L. will use appropriate phrases to request toys or activities during free play on 5 trials over a 2-week period as evaluated by structured observations every 8 weeks.

D. will wait until all directions are received before beginning activities or assignments as evaluated through teacher charting of the targeted behavior every 4 weeks.

By January, M. will independently remove himself from the situation on all occasions when he is teased by peers during recess as evaluated quarterly by daily self-monitoring checklists.

Short-term objectives or benchmarks: The short-term objectives or benchmarks derive from the annual goals but represent smaller, more manageable learning tasks a child must master on the way to achieving the goals. The purpose of short-term objectives and benchmarks is to enable families, children, and teachers to monitor progress during the year and, if appropriate, revise the IEP consistent with the child's instructional needs. They describe how far the child is expected to progress toward the annual goal and by when. In most cases, at least two objectives or benchmarks should be written for each annual goal. Progress on each short-term objective or benchmark should be documented.

Short-term objectives generally break the skills described in the annual goal into discrete components. Benchmarks describe the amount of progress the child is expected to make in a specified segment of the year. Benchmarks establish expected performance levels that allow for regular checks of progress that coincide with the reporting periods for informing parents of their child's progress toward achieving the annual goals.

Objectives and benchmarks must be measurable; they must use language that will allow a count of what a child does (i.e., The child will write, The child will read). Do not use phrases such as: "The child will understand," or "The child will appreciate").

Step E: Determine the Evaluative

Evaluative criteria identify how well and over what period of time the student
must perform a behavior in order to consider it met. How well a student does could be measured in terms such as:

frequency (e.g., 9 out of 10 trials)

duration (e.g., for 20 minutes)

distance (e.g., 20 feet)

accuracy (90% accuracy)

The period of time a skill or behavior must occur could be measured in terms
such as:

number of days (e.g., over three consecutive days)

number of weeks (e.g., over a four week period)

occasions (e.g., during Math and English classes, on six consecutive
occasions)

Procedures to Measure the Student's

Evaluation procedures identify the method that will be used to measure progress and determine if the student has met the objective or benchmark. An evaluation procedure must provide an objective method in which the student s behavior will be measured or observed.

Examples: structured observations of targeted behavior in class; student self-monitoring checklist; written tests; audio-visual recordings; behavior charting; work samples.

Schedules to Measure the Student's

Evaluation schedules state the date or intervals of time by which evaluation
procedures will be used to measure the student s progress toward the objective or benchmark. It is not a date by which the student must demonstrate mastery of the objective.

Examples: by March 2003, in three months, every four weeks, at the end of the term, quarterly

Short-term objectives and benchmarks should include the following three
components to ensure that they can be evaluated:

Objective Criteria that enable progress to be monitored and allow for
determination of the point at which the objective has been accomplished, such as:
95% accurate
fewer than 5 times per day
50 correct responses in one minute
4 out of 5 trials correct on three consecutive days

Evaluation Procedures to be used, such as:
teacher observation
written performance
oral performance
criterion referenced tests
parent report
observation
time sample
teacher-made tests

Schedules to determine how often the objective will be measured, such as:

Some examples of possible short-term objectives are listed below. Each objective has numbers corresponding to the three components: (1) objective criteria, (2) evaluation procedure and (3) schedules.

To create (1) fewer than 5 disruptions per day for three consecutive days (2) as observed and recorded by the teacher's paraprofessional (3) each day.

To achieve (1) 95% accuracy (2) on a teacher made spelling test of seventh grade words as checked by the resource teacher (3) on a weekly basis.

To compose three-paragraph themes comprised of fifteen or more sentences
using a word processing program with a spell checker (1) with 80% or better
accuracy in the use of spelling, punctuation and grammar over 5 consecutive
trials (2) as recorded by the resource teacher (3) weekly.

Step H: Determine How Progress

Toward Annual Goals will be

In accordance with the procedures, methods and schedules to measure a
student s progress toward the annual goals, school personnel need to establish a reporting and recording system that ensures that a student s progress is objectively assessed. This information is necessary for reporting progress to parents and for the Committee to review the student s IEP. While reporting progress to parents may require more than a data recording form, Attachment 3 provides a supplemental form, as shown below, for school personnel to use to track each student s progress toward meeting the annual goals.

performance, must there be annual goals?

A: Yes--For each identified present level of performance, there must be at least one annual goal specified. These goals and subsequent objectives form the basis for the curriculum and specially designed instruction provided to the student. They are, therefore, written in terms of what the student will achieve. They should not be written in terms of what a parent or service provider will provide to the student.

Annual goals state the anticipated achievement expected within a 12 month
period of time, although they can be written for a shorter period. In developing annual goals the present level of educational performance must be considered. Annual goals must not be a restatement of the present levels of performance. Yet anyone reviewing the IEP should be able to clearly determine the direct relationship between the two.

Measurable annual goals, including benchmarks or short-term objectives, are critical to the strategic planning process used to develop and implement the IEP for each child with a disability. Once the IEP team has developed measurable annual goals for a child, the team (1) can develop strategies that will be most effective in realizing those goals and (2) must develop either measurable, intermediate steps (short term objectives) or major milestones (benchmarks) that will enable parents, students, and educators to monitor progress during the year, and if appropriate, to revise the IEP consistent with the student s instructional needs.

The strong emphasis on linking the educational program of children with disabilities to the general curriculum is reflected in 300.347(a)(2), which requires that the IEP include: a statement of measurable annual goals, including benchmarks or short term objectives, related to (i) meeting the child s needs that result from the child s disability to enable the child to be involved in and progress in the general curriculum; and (ii) meeting each of the child s other educational needs that result from the child s disability. (Federal Register, Friday, March 12, 1999, Question 1, p. p. 12471).

address all areas of the general curriculum

or only those areas in which the student's

involvement and progress are affected by

A: Short term objectives or benchmarks are measurable, intermediate steps between an individual s present level of performance and the annual goal. Objectives should be based on a logical breakdown of the annual goal and reflect advancement toward that goal. They therefore must be provided for each area in which present levels of performance and annual goals have been stated..... each annual goal must include either short-term objectives or benchmarks. The purpose of both is to enable a child s teacher(s), parents and others involved in developing and implementing the child s IEP, to gauge, at intermediate times during the year, how well the child is progressing toward achievement of the annual goal. IEP teams may continue to develop shortterm instructional objectives, that generally break the skills described in the annual goal down into discrete components. The revised statute and regulations also provide that, as an alternative, IEP teams may develop benchmarks, which can be thought of as describing the amount of progress the child is expected to make within specified segments of the year. Generally, benchmarks establish expected performance levels that allow for regular checks of progress that coincide with the reporting periods for informing parents of their child s progress toward achieving the annual goals.

An IEP team may use either short term objectives or benchmarks or a combination of the two depending on the nature of the annual goals and needs of the child. (Federal Register, Friday, March 12, 1999, Question 1, p. 12476).
Measurable Annual Goals and Short- Term Instructional
be changed without initiating another IEP
Evaluation Instructional Objectives or Benchmarks:

Kevin will accurately interpret graphs and charts to solve grade-level mathematical problems. Annual Goal:

Criteria: Kevin will use manipulatives to reproduce graphs and charts to solve math problems. 4/5 times over 2 weeks

Procedures: Classroom assignments, Tests

Schedule: Every 4 weeks

Criteria: Kevin will highlight the large print graphs and charts to increase the contrast between the various parts of the graph, in order to solve math problems. 4/5 times over 2 weeks
Procedures: Classroom assignments, Tests
Schedule: Every 4 weeks

Criteria: Kevin will verbally describe the material presented on graphs and charts to the teacher, in order to solve the problem. 4/ 5 times over 2 weeks
Procedures: Classroom assignments, Tests
Schedule: Every 4 weeks

Evaluation Instructional Objectives or Benchmarks:
Annual Goal: Kevin will use graphic organizers to write a three-paragraph essay using correct sequencing of sentences including topic sentence, supporting sentences and conclusion.

Criteria: Kevin will use graphic organizers to write a three sentence paragraph using correct sequencing of sentences including topic sentence, supporting sentences and conclusion with assistance by November. 5/5 times over 2 weeks
Procedures: Writing sample, Tests, Classroom assignments
Schedule: Every 6 weeks

Criteria: Kevin will use graphic organizers to write a five sentence paragraph using correct sequencing of sentences including topic sentence, supporting sentences and conclusion with assistance by January. 4/ 5 times over 2 weeks
Procedures: Writing sample, Teacher observation, Classroom assignments
Schedule: Every 6 weeks

Criteria: Kevin will use graphic organizers to write a two paragraph essay using correct sequencing of sentences including topic sentence, supporting sentences and conclusion without assistance by March. 4/5 times over 2 weeks
Procedures: Writing sample, Teacher observation
Schedule: Every 6 weeks

Criteria: Kevin will use graphic organizers to write a threeparagraph
essay using correct sequencing of sentences including topic sentence, supporting sentences and conclusion without assistance by June. 4/ 5 times
over 2 weeks
Procedures: Writing sample, Tests, Classroom assignments
Schedule: Every 6 weeks

NASET Members: As always, we are interested in meeting your needs for information. If you have a topic suggestion for the Practical Teacher email us at membersresearch@naset.org with the subject :Practical Teacher Topic Suggestion.

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determining measurable annual goals in an iep

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National Association of Special Education Teachers: Determining Measurable Annual Goals in an IEP

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How to Determine Measurable Annual (Including Academic and Functional Goals) The term `individualized education program' or `IEP' means a written statement for each child with a disability that is developed, reviewed, and revised in accordance with this section and that includes (II) a statement of measurable annual goals, including academic

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This article discusses how the U.S. Department of Labor has issued an opinion letter stating parents are allowed to use Family and Medical Leave in order to attend their children's meetings when Individualized Education Programs (IEPs) are being discussed.

The U.S. Department of Labor found it important for parents to be involved in these discussions and creating the student's IEP.  These meetings cover topics such as medically prescribed speech, physical and occupational therapy, and discuss children's well-being and progress.

The article went on to discuss parents not feeling completely comfortable at ARD meetings and talked about ways this could be improved.

Jacobson, L. (2019, August 13). Labor Dept rules IEP meetings a valid reason for family and medical leave. K-12 Dive. https://www.k12dive.com/news/labor-dept-rules-iep-meetings-a-valid-reason-for-family-and-medical-leave/560715/

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Dive Brief:

The U.S. Department of Labor (DOL) has issued an opinion letter stating parents and guardians are allowed to use the Family and Medical Leave Act (FMLA) intermittently to attend Individual Education Program (IEP) meetings with teachers, school administrators and others involved in planning education services for children with special needs.

The letter was in response to a family's complaint that the mother's employer allowed her to use FLMA time for her two children's medical appointments, but not for meetings at school. Cheryl M. Stanton, a DOL administrator, wrote that a child's doctor does not have to be present at an IEP meeting for the parent to qualify for FMLA leave.

IEP meetings, Stanton wrote, "help participants make medical decisions concerning your children's medically prescribed speech, physical and occupational therapy; to discuss your children's well-being and progress with the providers of such services, and to ensure that your children's school environment is suitable to their medical, social and academic needs."

​Dive Insight:

The opinion gives educators a tool for helping families participate in the IEP process, which can be daunting and is often a source of frustration for parents.

A 2017 study suggested that parents "often feel like outsiders" during the process. And worrying about being penalized for missing work is only likely to make the meetings less productive. The authors recommended sending questionnaires to parents, teachers, other service providers and the student's peers to gain a more complete picture of the child's strengths and needs prior to the meeting.

Principals are responsible for ensuring that IEPs are implemented, but with many schools facing shortages of special education teachers, ensuring each step is followed according to law can take up more of a principal's already-busy schedule.

In a Q&A for the Council for Exceptional Children, David Bateman, a professor of educational leadership and special education at Shippensburg University in Pennsylvania, summarizes the principal's role in the IEP process. He recommends ensuring special and general education teachers have time to collaborate and that principals fully participate in IEP meetings.

In an article last year, Jennifer Butterfoss, an administrator with the San Francisco Unified School District, suggested other ways principals can improve the IEP process, such as meeting with the student in class a few days before the meeting, setting a clear agenda for the meeting, and debriefing afterward with other educators on the IEP team.

"Rarely will you get the chances to sit down with busy teachers," she wrote. "An IEP meeting is an opportunity to engage staff members in conversation around instruction."

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Labor Dept rules IEP meetings a valid reason for family and medical leave

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The U.S. Department of Labor (DOL) has issued an opinion letter stating parents and guardians are allowed to use the Family and Medical Leave Act (FMLA) intermittently to attend Individual Education Program (IEP) meetings with teachers, school administrators and others involved in planning education services for children with special needs.

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This news article discusses the concerns regarding meeting IEP goals and services and schools transitioning to virtual.

Students are legally entitled to receive the services outlined on their IEPs.

Depending on the state you live the guidance provided could be different.

Some states are requiring a review of IEPs while others are adding in information about the type of school setting virtual, in-person, or hybrid.

Discusses the need for more federal guidance regarding the guidelines.

The latest guidelines state they may review and amend the IEP but they can’t replace the annual IEP meeting and parents must be notified of the changes.

Arundel, K., & Arundel, K. (2020, October 6). IEPs altered to reflect distance learning service changes, but at cost to schools. K-12 Dive. https://www.k12dive.com/news/iep-changes-to-special-ed-services/586104/

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When schools closed to in-person learning in the spring, some individualized supports for students with disabilities were easily transitioned to remote or virtual learning. But other services were harder to adapt to new learning formats due to the specific interventions that require physical or behavioral supports and other intensive services.

To help all students with disabilities, schools are looking at the most important document in special education and a requirement under the federal Individuals with Disabilities Education Act (IDEA) - a student's individualized education program (IEP). These documents are being scrutinized and, in many cases, altered or expanded in order to reflect pandemic realities of how best to replicate in-person services to full or hybrid virtual learning approaches.

IEP reviews ensure students with disabilities receive the services they are legally entitled to even during this public health crisis, but it's also an undertaking that is daunting and difficult, say special education leaders.

Each IEP meeting requires a minimum of one or two hours of preparation by the special education teacher to review the current plan's services and goals, get input from the student's other teachers, and analyze the student's present levels of performance in order to propose changes to their plan. Changes to plans, however, are a team decision with parents included in that process.

"Teachers could virtually spend the first month of school doing paperwork," Wolfram said. "That means they have less time with students."

Schools are eager for guidance on best practice approaches for IEP adjustments during the pandemic. Although the U.S. Department of Education has issued several guidance documents about the obligations of schools to serve students with disabilities in whatever learning format is available, Secretary Betsy DeVos has declined to recommend that Congress allow waivers to IEP timeline requirements set by IDEA.

Some state education departments have provided very little guidance as to a change in approach to IEPs due to school closures, while some state school departments or governments give very explicit instructions.

For example, Washington state's Office of Superintendent of Public Instruction said it is the discretion of each IEP team to create a new IEP or amend a student's program to reflect changes in services if there are unplanned, temporary school closures. In states without specific guidance, local approaches can vary from district to district.

In contrast, the California 2020 Budget Act set a new requirement that IEP teams detail how individual student instruction and special education services will be provided if a school building is closed for more than 10 days. In New Hampshire, an emergency order from Gov. Christopher Sununu requires schools to hold an IEP meeting for every qualifying student within the first 30 days of the 2020-21 school year. At those meetings, IEP teams must determine additional services students may need due to missed services or a student's regression of skills.

Maguire, who also serves as president of CASE, said the most difficult part was determining how to provide general education and special education services for certain students with disabilities if the entire school district needs to switch to remote learning. The school system is currently operating under a hybrid model.

"What does the service page look like for kids who are unable to - due to their disability - access remote learning?" Maguire said. "This is the space where safety bumps up against special education, and a place where I would say IDEA and case law do not contemplate this issue yet."

Maguire added, "From my perspective, it's this space of impossibility and no one has provided any guidance on it except the [state education agencies], which are all over the place related to their recommendations on this in a situation where students cannot safely come to school but need in-person services."

While many view IEP amendments to be an effective and legally compliant approach to documenting how special education services could be altered during distance and hybrid learning formats, some parents and disability rights advocates have raised concerns that pandemic-related amendments could be viewed as an attempt to reduce services or circumvent the IEP team decision-making process.

In fact, the New Jersey Department of Education issued a memo in April clarifying districts cannot require parents to waive certain special education rights in order to receive services during distance learning after questionable language was included in some districts' IEPs.

Courtney Pugh, a consultant with 4 PEAKS Educational Consulting, LLC in Virginia, who helps parents work with districts to access special education services for their children, grew alarmed this summer when she saw language added to IEPs that seemed to limit the circumstances for when students with disabilities would receive services.

Specifically, the additional language indicates special education services would not be available during partial school weeks. However, it is unclear to her and others if partial weeks include school days when asynchronous learning is taking place.

She recommended parents add a note at the end of the document stating the parent doesn't agree to waive any rights under IDEA or Section 504, including their rights to a "free appropriate public education" for their children.

The new language districts are adding to IEP documents "could be fine or could lead to big problems," Pugh said. "I want a child to get what they need in whatever format they can get it."

Pugh added some students with disabilities are thriving in distance learning situations, but others need to be back to in-person full time instruction with all their supports and services in order to prevent regression. It's those students whose services don't translate to remote learning, and where remote learning is the only option, who concern her the most.

"School teams are agreeing with parents, but their hands are tied," Pugh said. "This is very unchartered territory. I've seen issues with IEPs before, but never to this magnitude."

Calls for more federal guidance

Many examples of strong school-family collaborations and innovative service approaches have emerged during the pandemic, but more federal guidance is needed to address the ongoing IEP challenges, said Wolfram, Maguire, Pugh and others.

"On that paper is a child, and the impact is on the child," Pugh said.

The Ed Department's Office of Special Education and Rehabilitative Services (OSERS) has issued several special education-related guidance this year emphasizing the requirements to continue special education services based on individual student needs even if that child is learning remotely.

Parents and districts, however, say the harder-to-address problems lie in the cases where equitable services cannot be provided remotely, where in-person learning is not an option, and when families choose to have their child learn remotely even when there's an in-person learning option. OSERS-funded technical assistance centers have been working to issue resources on best practices that address these concerns.

Educators also say they need relief from IEP timeline requirements that were developed without a pandemic in mind. "Directors across the nation are struggling with additional paperwork due to the lack of guidance from the education department on the flexibilities in IDEA," CASE's Wolfram said. "They have to keep the lid on the boiling pot."

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IEPs altered to reflect distance learning service changes, but at cost to schools

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When schools closed to in-person learning in the spring, some individualized supports for students with disabilities were easily transitioned to remote or virtual learning. But other services were harder to adapt to new learning formats due to the specific interventions that require physical or behavioral supports and other intensive services.

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Students must be provided with education “life, liberty, or property” (U.S. Const. Amend. XIV) according to the fourteenth amendments.

The fourteenth amendment provides equal protection to students.

It also states that the state can’t deprive people of life, liberty, or property.

In previous rulings, the student’s property is their education.

Even students with special needs have the right to education.

U.S. Const. Amend. XIV
https://constitution.congress.gov/browse/amendment-14/

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(A) Individualized education program

(i) In general

The term “individualized education program” or “IEP” means a written statement for each child with a disability that is developed, reviewed, and revised in accordance with this section and that includes—

(I) a statement of the child’s present levels of academic achievement and functional performance, including—

(aa) how the child’s disability affects the child’s involvement and progress in the general education curriculum;

(bb) for preschool children, as appropriate, how the disability affects the child’s participation in appropriate activities; and

(cc) for children with disabilities who take alternate assessments aligned to alternate achievement standards, a description of benchmarks or short-term objectives;

(II) a statement of measurable annual goals, including academic and functional goals, designed to—

(aa) meet the child’s needs that result from the child’s disability to enable the child to be involved in and make progress in the general education curriculum; and

(bb) meet each of the child’s other educational needs that result from the child’s disability;

(III) a description of how the child’s progress toward meeting the annual goals described in subclause (II) will be measured and 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;

appropriate, independent living skills;

(bb) the transition services (including courses of study) needed to assist the child in reaching those goals; and

(cc) beginning not later than 1 year before the child reaches the age of majority under State law, a statement that the child has been informed of the child’s rights under this chapter, if any, that will transfer to the child on reaching the age of majority under section 1415(m) of this title.

IDEA outlines what is required in a student's IEP.

Discusses academic and functional goals that are required for students.

Discusses decisions made by the ARD committee example: what type of state testing the student will take.

Sections (A) I-III written out but the law continues to cover IEPs I-VIII.

Individuals with Disabilities Education Act, 20 U.S.C. § 1414 (2004)

https://sites.ed.gov/idea/statute-chapter-33/subchapter-ii/1414

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In accordance with paragraph (a) (7) of this section, the public agency must invite a child with a disability to attend the child's IEP Team meeting if the purpose of the meeting will be the consideration of the postsecondary goals for the child and the transition services needed to assist the child in reaching those goals under (34 CFR § 300.320(b)).

Sections 300.320-300.323 covers IEPs.

This law gives students the right to participate in the ARD meeting and have a voice when it comes to their postsecondary goals.

Helps prepare the student for the transition to middle school.

Individuals with Disabilities Education Act, 34 CFR § 300.320(b)
https://sites.ed.gov/idea/regs/b/d/300.320/b

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The student’s ARD committee shall develop an IEP designed to provide the student with FAPE in the least restrictive environment (LRE). 2. From the IEP, the parent and the district shall determine which special education and/or related services will be provided to the student and the location where those services will be provided, based on the requirements concerning placement in the LRE and the policies and procedures of the district

District policy states we must provide students with the least restrictive environment.  This will be discussed during the ARD meeting.

(San Angelo ISD Board Policy Manuel, 2021).  https://pol.tasb.org/Policy/Download/1139?filename=EHBAC(LEGAL).pdf

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(Board of Education of Hendrick Hudson Central School District v. Rowley, 1982)– This was the first special education case decided by the Supreme Court.

The Court held that an IEP must be reasonably calculated for a child to receive educational benefit, but the school district is not required to provide every service necessary to maximize a child’s potential.

Board of Educ. v. Rowley, 458 U.S. 176 (1982)

https://tile.loc.gov/storage-services/service/ll/usrep/usrep458/usrep458176/usrep458176.pdf

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Within the Texas Administrative Code the Professional Ethical Conduct, Practices, and Performance. (G) Standard 1.7. The educator shall comply with state regulations, written local school board policies, and other state and federal laws. (19 T.A.C. § 247.2(g).)
This code alines with the topic of IEPs because IEPs are a legal document that outlines the instruction special education students will receive and supports/services they may need to be as successful as possible.  You must comply with local policy, state and federal law to be in compliance with students with IEPs.

Code of Ethics and Standard Practices for Texas Educators, 19. Tex. Admin. Code § 247.2(g)

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=7&ch=247&rl=2

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Slide # 13 Recommendations/Best Practices for Compliance 

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Slide # 13 Recommendations/Best Practices for Compliance 

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An IEP is an Individualized Education Program (IEP) which is a legal document that outlines the instruction special education students will receive and supports/services they may need to be as successful as possible.

An IEP is written by a team of committee members during the (ARD) Admission Review and Dismissal meeting.

Parents are involved and part of the committee meeting.  If they can not attend in person they can zoom in or call in.

Members of the ARD committee are parent, regular education teacher, special education teacher, Local Education Agency (school administrator), and diagnostician or someone that can explain the evaluation results.

There are thirteen disability categories the student could qualify for that would then require them to have an IEP.  Disability List: Auditory Impairment, Autism, Deaf-Blindness, Emotional Disturbance, Intellectual Disability, Multiple Disabilities, Noncategorical Early Childhood, Orthopedic Impairment, Other Health Impairment, Specific Learning Disability, Speech or Language Impairment, Traumatic Brain Injury, and Visual Impairment Including Blindness

IEPs need to take into consideration students' academics and functional performance.

IEPs must include goals for the student that will be tracked.

Students getting ready to transition to middle school can be part of the ARD committee.

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This book titled Parents and Professionals Partnering for Children with Disabilities supports both the parents and teachers. Provides guidance to the teacher in implementing students' IEPs and how teachers can work with parents to gain the most momentum toward achieving the goals. This book gives teachers insight into student goals and the best way to track success.

Fialka, J. M., Feldman, A. K., & Mikus, K. C. (2012). Parents and Professionals Partnering for Children With Disabilities: A Dance That Matters (1st ed.). Corwin.

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Partnering for children with disabilities