Franczek P.C.: Dana Fattore Crumley & Kendra Yoch
IEP IMPLEMENTATION GLITCHES
What could be more basic than the requirement to implement students’ IEPs? IEP implementation is the foundation of providing specialized instruction to students with disabilities. And while the concept is straightforward, in practice, hurdles and pitfalls are widespread and can knock you off course. What steps can you take to increase compliance? Advance preparation and clear documentation are essential.
First, the IDEA requires that a student’s IEP be accessible to each general education teacher, special education teacher, and related services provider responsible for implementation. Specifically, each teacher and provider must be informed of their specific responsibilities related to IEP implementation and the specific accommodations, modifications, and supports that must be provided to the student. What process does your district have in place to distribute this information to relevant staff members? How do you document this communication? How do substitutes know their responsibilities to implement IEPs? Make sure your teams know the answers to these questions and consistently follow through.
Second, check that IEP accommodations, goals, and services are written in a way that is both clear and practical. Implementation breakdowns often occur when the IEP is vague and people interpret the language differently: How much extra time? Where is preferential seating? When is as needed? Additionally, implementation gaps can occur when the requirements of the IEP do not align with the student’s day. Is it workable for the teacher to complete a point sheet at the end of each class period? Can the aide take data at 10-second intervals? If the student has 120 minutes of reading intervention per day, what other instruction will be missed? When the team is drafting the IEP, consider what implementation will look like, what does the student need, and who will be responsible for what tasks.
Third, think through how implementation will be documented. If a parent (or hearing officer) is skeptical that the team is implementing sensory breaks or providing instruction on how to use the student’s assistive technology, how can you demonstrate implementation? Documentation can take many different forms, including lesson plans, sub plans, point sheets, progress monitoring data, service logs, work samples, parent communication, and more. Additionally, while remote learning is becoming more infrequent, consider whether a contingency plan for remote IEP implementation and documentation is needed.
Remember, the IDEA requires that services be provided “in conformity with” the IEP; the standard is not perfection. Instead, the test in the case law is whether any implementation lapses were minor or material. How much was missed? How critical were the missed services? The faster the district can identify a problem and take steps to correct it, the better you can guard against significant compensatory education awards and unilateral placements.
To dive deeper into these issues and the case law, join us at the Avoiding and Resolving IEP Implementation Glitches session of the IAASE Winter Conference this week.
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