Implement the IEP - Orange County Public Schools

ORANGE COUNTY PUBLIC SCHOOLS
Revised July 2012
Written & developed by Janet M. Carpenter, M.S.Ed
SPECIAL EDUCATION
IEP HANDBOOK
2012-2013
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Alert:
Items marked in red are changes that have to
do with compliance, changes in regulations,
changes in guidelines, or changes in EasyIEP.
Additional changes may occur throughout the
school year. In the event this happens, you
will be notified by email or at a meeting of any
changes.
It is still the responsibility of the individual to
be familiar with and follow the components
covered in this IEP Handbook.
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Table of Contents
IEP PREPARATION ................................................................................................. 6
First......................................................................................................................................................................... 6
A. Procedure: ......................................................................................................................................................... 6
B. Responsibilities: .............................................................................................................................................. 6
Second ................................................................................................................................................................... 6
A. Procedure: .......................................................................................................................................................... 6
B. Responsibilities ................................................................................................................................................ 7
Third ....................................................................................................................................................................... 8
A. Procedure: ......................................................................................................................................................... 8
B. Responsibilities ............................................................................................................................................. 15
Writing the IEP ................................................................................................................................................. 15
Extended School Year (ESY) Services ....................................................................................................... 17
Transition ...................................................................................................................................................... 18
IEP Meeting ....................................................................................................................................................... 18
Before the meeting……… ................................................................................................................................. 18
During the meeting… ....................................................................................................................................... 19
After the meeting… ........................................................................................................................................... 19
IEP Amendment Meetings . . . ....................................................................................................................... 19
Child Study Meetings . . . ................................................................................................................................. 20
Eligibility…………………………………………………………………………………………………………………..20
Educational Records………………………………………………………………………...………………………..21
Alternative and Alternate Assessments……………………………………………………………………….21
Behavior............................................................................................................................................................. 22
Process: ................................................................................................................................................................... 22
Resources .......................................................................................................................................................... 23
Questions about Special Education? ......................................................................................................... 23
Where to find certain items. . . ..................................................................................................................... 25
Community Organizations and Groups ................................................................................................ 25
Information .......................................................................................................................................................... 25
Abuse and Neglect of Children………………………………………… …. ………....26
ADD/ADHD……………………………………………………………………………...………………….…….………26
Addictions…………………………………………………………………………………………………………………26
Allergies.................................................................................................................................................................. 26
Asthma .................................................................................................................................................................... 26
Autism ..................................................................................................................................................................... 26
Cancer ..................................................................................................................................................................... 26
Careers .................................................................................................................................................................... 26
Community Services Board ........................................................................................................................... 26
Congenital Disabilities .................................................................................................................................... 26
National Information Center for Children & Youth with Disabilities ........................................ 27
Courts & Corrections ........................................................................................................................................ 27
Deaf & Hard of Hearing Services ................................................................................................................ 27
Developmental Delays ..................................................................................................................................... 27
Disability Issues .................................................................................................................................................. 27
Early Childhood .................................................................................................................................................. 27
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Family Assistance .............................................................................................................................................. 27
Family Services ................................................................................................................................................... 28
Head Injury ........................................................................................................................................................... 28
Health conditions ............................................................................................................................................... 28
Epilepsy Foundation, National Capital Area ........................................................................................ 28
Health Department ........................................................................................................................................... 28
Learning Disabilities ........................................................................................................................................ 28
Mental Health ...................................................................................................................................................... 28
Pregnancy ............................................................................................................................................................. 28
Professional Parent Organizations ........................................................................................................... 28
Orthopedic Disorders ....................................................................................................................................... 28
Parks & Recreation ........................................................................................................................................... 28
Rehabilitation ...................................................................................................................................................... 28
Speech ..................................................................................................................................................................... 28
Social Security……………………………………………………………………………………...29
Social Services ..................................................................................................................................................... 29
Transportation………………………………………………………………………………………29
Visual Impairments .......................................................................................................................................... 29
Abbreviations .................................................................................................................................................. 29
Extended School Year Services: Technical Assistance Resource Document ........................ 31
What are ESY services? ................................................................................................................................... 31
What ESY services are not. . . ........................................................................................................................ 32
Determining the need for ESY . . . ............................................................................................................... 33
Procedures: ........................................................................................................................................................... 33
Factors to be considered by the IEP team . . . ........................................................................................ 33
Regression and/or Recoupment ................................................................................................................. 33
Degree of progress ............................................................................................................................................ 34
Emerging skills/breakthrough opportunities ...................................................................................... 34
Interfering behaviors ....................................................................................................................................... 34
Nature and/or severity of the disability ................................................................................................. 34
Special circumstances or other factors ................................................................................................... 34
What the services can look like . . . ............................................................................................................. 35
The process . . . The IEP Meeting . . . .......................................................................................................... 36
Definitions associated with ESY: ................................................................................................................ 37
SPECIFIC CATEGORICAL EDUCATIONAL NEEDS ............................................................................. 38
Learning disabilities/specific learning disabilities ............................................................................ 38
Emotional Disturbance ................................................................................................................................... 38
Intellectual Disability ...................................................................................................................................... 39
Speech/Language Impairment ................................................................................................................... 39
Other Health Impairments ............................................................................................................................ 40
Multiple Disabilities .......................................................................................................................................... 40
Orthopedic Impairment .................................................................................................................................. 40
Deaf .......................................................................................................................................................................... 40
Deaf and Blind ..................................................................................................................................................... 41
Hearing Impairment ........................................................................................................................................ 41
Visual Impairment ............................................................................................................................................ 41
Traumatic Brain Injury .................................................................................................................................. 41
Autism ..................................................................................................................................................................... 41
ESY Decision Making Guide……………………………………………………………………..43
Blank Forms ..................................................................................................................................................... 45
Section 504 of the Rehabilitation Act of 1973 and .......................................................................... 46
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the Americans with Disabilities Act of 1990 (ADA) ........................................................................ 46
Section 504 legislation and related sections of the Rehabilitation Act .................................... 47
Section 504 regulations .................................................................................................................................. 48
Policies for determining the need to apply section 504 ................................................................... 49
Procedural Safeguards .................................................................................................................................... 49
Steps along the decision making process ............................................................................................... 50
My Notes or Questions………………………………………………………………………51
Signature Page (to be returned to Vickie by September 30, 2012)…………………………..52
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IEP PREPARATION
Orange County Public Schools shall participate in, develop and implement an
Individualized Education Plan (IEP) for each disabled child in its jurisdiction. This
includes children placed in private state facilities, students who are incarcerated,
children who are home schooled, and/or children who are parentally placed in private
schools. A full IEP with appropriate services will be offered to all students. If the
IEP is refused because the student is home schooled or parentally placed in a private
school, an ISP will be offered with 45 minutes of services for reading or
speech/language (providing the student has been previously identified as speech or
language impaired).
First
A. Procedure:
An IEP is a written statement for a child with a disability that is developed, reviewed,
and revised in a team meeting. It documents the specific educational needs of the
child and what special education and related services are necessary to meet those
needs.
B. Responsibilities:
The student’s Case Manager assures an IEP is in place, written, and placement
implemented within timelines. The IEP meeting must be scheduled and held within
30 days after the initial eligibility date or the continued eligibility date, or the
continued eligibility transfer in date, and again on the triennial day. Year round IEP’s
will use the triennial date. Therefore all IEP’s should be completed by that date
annually (Kindergarten, First, Third, Fourth, Sixth, Seventh, Ninth, Tenth, and
Eleventh grades will write year round IEP’s beginning in November of 2012). If
possible, consolidate the reevaluation and IEP team meetings. Copies of the signed
IEP are in the student’s school file, sent to the Special Education Office for the school
board file, and given to parents. A Prior Written Notice must be issued to parents
with every IEP meeting and/or IEP Amendment. The case manager will ensure that
each teacher, related service provider and outside placement who is responsible for
the implementation of the IEP is provided a copy of the PLOP, accommodations,
services, and other documentation for example BIP, Health Plan, etc. that is necessary
to implement the IEP.
Second
A. Procedure:
Prior to writing the IEP, the case manager must obtain and review the student’s
cumulative folder to collect required information:
� Information about current goals, Present Level of Performance (PLOP),
accommodations and yearly assessments, including
SOL/VSEP/VLGA/VAAP/VMAST scores, current grades.
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� Most recent eligibility minutes, which will provide information about formal
assessments, e.g., achievement, psychological, social history, and related
service assessments
� Most recent evaluation reports which provide detailed data related to the
student’s needs, ability and achievement, e.g., IQ standard scores
� Be sure to have the dates for all assessments, eligibility minutes, etc.
Ensuring parents’ understanding of proceedings at a meeting include arranging for an
interpreter for the deaf or for those whose native language is other than English, and
provide parents and/or custodial agency a draft copy of the IEP.
Each school shall initiate and conduct meetings to develop the student’s IEP, and
periodically conduct meetings to review and revise, where appropriate, its’
provisions. A meeting must be held for this purpose at least once a year. Orange
County Public Schools does not support IEP changes without conducting an
appropriately staffed IEP meeting.
Each school which has students with disabilities enrolled must provide Special
Education and related services to a child with a disability in accordance with an IEP.
Some programs may be center based. If you have questions contact the Coordinator
of Special Education Compliance, Vickie Baker.
Meeting participants:
� Representative who is qualified to provide or supervise the provisions of
special education, i.e., the LEA or Principal
� Special Education Teacher
� General Education Teacher
� Parents; both must be notified even if child does not reside with a particular
parent
� Student, if appropriate; notification required for students who are 13-6 years
and older
� If a student is enrolled in a private school or other placement, a representative
from the school must be invited to attend the meeting.
� Representative of agency assigned legal custody (for initial IEP)
� Other participants as needed (PT, OT, Speech, Social Worker, Transition
Specialist, Outside Agency Representative)
� Guidance Counselors should be invited but are not required to attend
B. Responsibilities
Case managers must notify an administrator of Special Education of a need for an
interpreter. The IEP meeting must be scheduled and held within 30 days after
eligibility. Year round IEP’s will be written for students in kindergarten, first, third,
fourth, fifth, sixth, seventh, ninth, tenth, and eleventh grades for the 2012-2013 school
year. Year round IEP’s will use the triennial date. Therefore all IEP’s should be
completed by that date annually. Case managers facilitate the IEP meeting. Prior to
the IEP meeting, case managers must send a DRAFT IEP home for parent review. A
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minimum of three meeting notices must be issued, at least 7 days in advance of the
IEP meeting. If parents ask for a time or date change, the 3 notice rule begins anew.
We must work to establish a mutually agreed time for the meeting with the parents
and school personnel. Meeting notices must be sent to students who are 13-6 years
and older. If transition is being discussed, this must be stated in the meeting notice
and the IEP purpose.
Third
A. Procedure:
IEP Content: Each IEP must contain at least the following:
� Meeting Notice: indicate the date of the notice and the notice number, i.e.,
#1, #2, or #3 and how the notice was sent to parent, e.g., via student, USPS
(United States Postal Service); as well, indicate the members of the team that
have been invited and list them by title, not by name; if the student will be
turning 13-6 years old during the school year, then a Transition Plan must be
discussed and developed, and the agencies involved in the Transition process
must be invited and identified on the notice. For all high school students, a
separate notice with the student’s name must be sent.
o For IEP notices to team members, other than the student and the
parent/guardian, address notices to titles rather than people
(i.e.…LEA, guidance counselor, general education teacher, etc.)
� Cover page: do not pre-type names of participants or add the names of
specific participants to the IEP team; this will be completed at the meeting; if
parents do not attend the meeting, they still must sign the page to indicate
participation in the development of the document.
� IEP Meeting Agenda and Factors for Consideration page:
1. Does the student have communication needs? the communication needs of
the student must be evidenced by documented and demonstrated deficits
that impact understanding and expressions – some examples are sign
language interpreter and hearing aids;
2. Does the student require assistive technology devices and services in order to
be provided a free and appropriate education? assistive technology devices
must be evidenced by documented and demonstrated deficits that impact
mobility, activities for daily living, environmental control, augmentative
communication devices, PT, vision services and vision aides
3. Does the student’s behavior impede his or her learning or the learning of
others? behavior impedes learning must be evidenced in this section,
along with the strategies that have been utilized and those that might prove
successful if implemented, be sure to include positive behavioral
interventions and supports; a behavior contract or BIP must be developed
and sent with the IEP if the student is ED;
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4. If this is a student with limited English proficiency, Discuss the language
needs of the student and how those needs relate to the student’s IEP. limited
English proficiency must have documented evidence of limitations and the
needs that are required to access the curriculum and meet the needs related
to the child’s IEP;
5. Is the student blind or visually impaired? students with visual impairments
must have documented needs which are required for the student to access
the curriculum and strategies should be listed, e.g., peer buddy, Braille,
enlarged print texts, recorded texts, etc.;
6. Is the student deaf or hard of hearing? students who are deaf and/or
hearing impaired must have a documented and demonstrated need and
strategies for access to the curriculum should be provided; be sure to
consider the child’s language and communication needs, opportunities for
direct communication with peers and professional personnel;
7. List parent concerns for enhancing the education of their child. Parent
concerns for enhancing the education of their child. Write any concerns
expressed by the parent. If the student is 18, include student concerns;
8. Is the student attending the full school day?
9. Does the student need benchmarks or short term objectives:
For any section which does not apply to your student, indicate by placing “N/A” in
that section. During the meeting, complete the “checklist”. These are options the
team has considered in creating the IEP. All items must be checked.
� Present Level of Performance (PLOP) page: this is a detailed narrative of
the student’s strengths and weaknesses which must be directly linked to the
goals.
Academic Areas:
1. List the student’s strengths. The strengths of the student should include school
and parent information and cannot be completed until the actual meeting
(unless you have already received this information from parents); Statements
must be positive.
2. Summarize the initial or recent evaluation results for the student. The results of
the initial evaluation should include date of the evaluation, data from the most
recent eligibility minutes and any formal assessment data; include an
explanation of the data, e.g., average range. Write some form of the following
statement (IDIEA Statement): Student is identified for Specialized Education
services under the 2004 Individuals with Disabilities Education Improvement
Act, commonly known as "IDEIA". Student name is a student with disability
as demonstrated by a test name assessment administered on date. Relative
weaknesses are demonstrated in ex: math reasoning as evidenced by a
standard score of ____; this score is within the _____ average range,
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applying a mean score of 100; Be sure to state the disability identification
and academic weakness if the student is ID, SLD, OHI, or ED.
3. Describe the student’s performance, as appropriate on any current classroom
based, local, division or statewide assessments. describe the student’s
performance on classroom, local, division, or statewide tests any testing such
as benchmarks, SOL, VGLA (science, and social studies/social science),
VMAST (math and reading), VSEP, and VAAP scores are appropriate for this
section; This should list scores and include a brief explanation of the scores for
division wide data, SOL. VMAST, VAAP, VGLA, Success Maker, DSA, etc.; ),
e.g., “….within the average range”, “…within grade level expectations….”,
etc.; (do not simply list SOL scores, should be explained; the student’s
diploma status should be indicated if applicable;
4. What are the student’s present grades? What are the student’s present grades?
Collect grades from all classes, as current as possible. The Academic area
must include current division wide data which is explained if you refer to
grades, indicate which school year and season it applies, e.g., “….during the
spring 2013, the student earned all A’s in….” or “grades for Fall of 2012
are…”;
5. Describe how the student’s disability affects the involvement and progress in the
general curriculum (justify the need for special services and any
accommodations) effect of disability on progress area should be why the
student needs an IEP and/or how they got into special education services –
how that disability is manifested, as evidenced by data, in the general
education classroom, e.g., “…..due to the student’s auditory processing
deficit, he/she will demonstrate success if asked to repeat assignment
directions….” Look at the eligibility minutes for additional information. Be
sure to include and explain how the accommodations or modifications help
the student. Do not just list them. If the student is receiving related services it
must be listed here as well. This includes nursing, OT, PT, Adaptive PE,
counseling, and transportation.
Describe the student’s performance in nonacademic areas to include functional
performance: (i.e. behavior, social skills, daily life activities, communication, mobility,
extracurricular activities, vocational and/or technical areas, etc.)
Non-Academic Areas
1. List the student’s strengths. Non-Academic area should include positive
information to provide a well-rounded view of the student’s functioning;
examples for this narrative include study skills, organization, school
attendance, completion of work/homework, helpfulness, tardies, participation
in extra-curricular activities, good use of time, etc. can include clubs,
organizations, sports, and outside of school activities that the student
participates in;
2. Describe the student’s current functioning level.
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Describe the student’s current functioning level describes how the student
functions in non-academic settings. For example: community mobility, social
interaction within the community;
Present Levels of Performance:
Academic Areas: contains a brief history of the child’s eligibility as well as the
current academic levels of the student. Use specific academic information
such as reading level, math level, information delivery techniques, assessment
techniques, etc. Use information that would be helpful to another teacher
reading the document. Describe any medical or pertinent educational
information that would help someone unfamiliar with the student to get a good
idea of the student’s needs and general personality.
o Do not write “see above”, “see below”, or “see previous section” in
any field. Write out the information.
o Include course of study and post-secondary “plan”
Behavior/Social Skills: behavior/social skills should be global statements, e.g.,
“….difficulty maintaining peer relationships….”; “….difficulty staying on task….”
etc., and strategies used to monitor those issues;
Nonacademic Areas: Nonacademic area: brief summary of the student’s nonacademic
areas and functioning level in non-academic areas to include Health Plans,
Emergency Evacuation Plans, etc.
Communication: communication should include related service data with an
explanation and/or eligibility data which is directly related to expressive and
receptive skills
Effect of disability on progress in the general curriculum: effect of disability on
progress area should be why the student needs an IEP and/or how they got into
special education services – how that disability is manifested, as evidenced by data, in
the general education classroom, e.g., “…..due to the student’s auditory processing
deficit, he/she will demonstrate success if asked to repeat assignment directions….”
Look at eligibility minutes for information. If the student is receiving related services
it must be listed here as well. This includes nursing, OT, PT, Adaptive PE,
counseling, and transportation;
General Description of Present Level of Performance: Include a brief summary of the
information in the PLOP.
Justification of Not 5.5 hours/day of Instruction: justification of not 5.5 hours per day
is limited to those students who do not attend a full day of school as required by state
regulations – examples include those who are on a medical waiver, are home
schooled, homebound, preschool, or those who are employed for high school credit;
Job Experience: job experience applies only to those students who are employed or
volunteering and that job experience is accepted as credit toward graduation.
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� Assessments Completed page: these are the formal/standardized assessments
which were used to determine eligibility; include data explanation, not simply
list scores; this narrative includes district wide assessments and results. Be
sure to add new evaluation results.
o Evaluation results of a non-resident private school student may
not be released to the school division of residence without parent
permission.
� Statewide Assessments Participations: Select the assessment program the
student will participation in: SOL, VSEP, VAAP, VGLA. VMAST, N/A;
select involvement level: the statewide assessment will be administered during
the implementation of this IEP or not in a grade in which the assessment is
given or not in a course where participation is expected in the assessment
program.
Based on the Present Level of Academic Achievement and Functional
Performance, is this student being considered for participation in theVirginia
Alternate Assessment Program (VAAP), which is based on Aligned Standards
of Learning? If yes, complete the "VAAP Participation Criteria". Be sure
to check the box.
Based on the Present Level of Academic Achievement and Functional
Performance, is this student being considered for participation in the Virginia
Substitute Evaluation Program (VSEP)? If yes, complete the "VSEP
Participation Criteria" for each content considered. Be sure to check the
box.
Select the assessments in which the student will participate throughout the
school year, including V program participation. Click on Add
Accommodations, click on the drop down menu, and select SOL Standard
Modifications (Online/Written) 2010-2011. Check the accommodations
needed for the student. Click on Edit/View Paperwork for V programs;
include the parent & school signed Intent Form in the IEP; IEP for VMAST
must be written with standards based IEP goals. Paperwork for the use of
a calculator must be included with the IEP. ALL SOL’S ARE GIVEN
ELECTRONICALLY. Paper/pencil tests are only given for students with
seizure disorders, visual impairments, or special request to the state. For
students in other placements: check with the facility to determine if the
student has access to complete the online electronic version, if not the
participation must be paper/pencil format.
� State and District Wide Assessments: Only District Math Assessment is
listed. Select not offered, participating, or not participating.
� Instructional Accommodations/Modifications section: drop down box
Accommodations/Modifications for (student name) at the top of the page.
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Select “with no accommodations/ modifications ” or “with the following
accommodations/modifications”; a rule of thumb is no more than 5
accommodations should be required to meet students’ needs; if your student
requires more than 5, perhaps the IEP team should meet to review the
student’s placement and/or program; accommodations should be based on
needs to participate in the curriculum, daily living, communication and/or
physical needs; you must have data in the PLOP to support an
accommodation/modification; teaching strategies such as study guides are not
accommodations; modifications are alterations to the curriculum to provide
curriculum access; accommodations need a frequency, i.e., VDOE wants to
know the frequency of the accommodation e.g., “5x per week per class”. Do
not use statements such as “daily”, “as needed”, or “weekly”.
o If a student receives accommodations in a variety of settings, list the
accommodations accordingly.
o An accommodation is a support in place or a different mode of service
delivery to help a student academically
o A modification is an alteration in the actual course content and
expectations of student learning
� Measurable Annual Goals: should be broad, practical, measurable, and
observable. Make SMART goals, i.e., Specific, Measurable, Attainable,
Results oriented, and Time bound, which are based on the data in the
PLOP; specific methodologies or services, e.g., SRA, ABA, Wilson Reading,
etc., should not be named - use “….specialized, direct instruction which is
researched based …..”; you must include an evaluation criteria, evaluation
procedure and service begin and end dates; we do not write objectives for
students who participate in the SOL curriculum and/or can demonstrate
success in the SOL curriculum with accommodations; at least 2 objectives
must be developed for related services and/or nonacademic goals; objectives
are specific steps required to achieve the annual goal and must include an
evaluation criteria, evaluation procedure, and service begin and end dates
o If you duplicate a goal across multiple years, there must be a
justification statement in the PLOP why the goal is being duplicated
but additionally, there must be new goals each year. Always have new
IEP goals each year!
o If a student is participating in VMAST the goals must be written in
standards-based format.
� Progress Reporting on IEP goals should be done at least quarterly (8
times/year). EasyIEP allows for unlimited reporting periods. Use the end of
the grading period for the progress reporting dates. Interims must be
completed on the IEP goals.
� Billing: Parents are invited to check one of the three options for Medicaid
billing, sign, and date the form. This is voluntary.
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� SPED Services section: “Place IEP begin/end dates for all special education
and related services begin/end dates”; all services a student will receive must
be indicated services must include a frequency, percent of instructional day,
note that location is either General Education or Special Education;
“Inclusion” is not a location; homebound is special education;
� Related Services section: this includes related services and special
transportation; counseling with the school guidance counselor is not included
in an IEP; must have amount of service and instructional setting (general ed
or special ed)
o If the student takes medication at school from the School Nurse,
include this support as a RELATED SERVICE, e.g., 5 minutes/day, on
the LRE; additionally, this means the nurse must attend the IEP
meeting and sign the IEP as a participant
o Special Transportation- is also a related service. Use “20 minutes,
2xper day” as a guide
o Counseling with the school guidance counselor is not included in an
IEP; counseling with the school psychologist can be if a student is not
receiving outside counseling
� Extended School Year section: See guidance document and forms to be
completed beginning on page 26 of this handbook.
� Least Restrictive Environment(LRE) section: this provides information to
the extent appropriate that the student will be educated with nondisabled
peers;
� Transition Services: included if the student is 13-6 years old or older; this
should aid in determining the desired outcomes for the student upon
completion of high school; an Age of Majority notice must be included at
this time as well as the guidelines for transfer of rights from parents to
student; must include measurable post-secondary goals; transition assessment
summary must be included; if you need help with transition or writing the
Transition Plan, please call the Transition Specialist, Heather Dixon.
� Placement page: this decision should be a summary of all the placements
discussed and a selection justification which is linked to the student’s
disability; this decision must correlate with the information provided in the
PLOP
o For schools with a 4x4 block schedule: Include the following
statement: “Classes may be offered either first or second semester”
� Notice/Consent/LRE page: This is the proposition and acceptance or
rejection portion of the document; the parent(s) must initial, indicating they
have read the prior notice and all attachments, and check, date, & sign if they
give permission to implement the IEP/services. You must include a Written
Prior Notice as well, which describes what you are proposing and/or rejecting
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(this is the one with the County Seal at the top of the page). “Parental Rights”
date must be updated annually.
� Early Childhood
Early Childhood field in EasyIEP for students who spend more than 50% of
their time in special education now has two questions that must be answered
before you can proceed with writing the IEP. These two new fields are in the
IEP Process at the LRE section when the user chooses the placement option
coded 17. This information is critical and will be used for December 1 count.
� Senior or exiting student documents: the Summary of Performance and
Exit Interview Survey must be completed as part of the senior IEP.
B. Responsibilities
A copy of the IEP must be given to the parent(s) at the meeting. Final copies or
signed draft copies are also necessary for the school file, and the Office of Special
Education (School Board file). General education and inclusion teachers need a copy
of the PLOP and accommodations pages – this means all general education teachers
who have the student in their classroom. Ensure the Prior Notice page as well as
the Cover page is signed. If you make any changes to the draft IEP at the meeting,
make a one line cross out and handwrite the correction; initial the handwritten note
and get the parent’s initials beside the handwritten note as well. Begin the discussion
of diploma status in elementary school and assume all students will work toward a
standard diploma; the exception is students with severe and profound disabilities or
students with intellectual disability. Do not include any blank pages in an IEP. Be
sure all pages are in numerical order. Double check for missing pages. Make certain
you go back into EasyIEP and make the document “final”; drafts are kept in the
system for 30 days. Do not read through the entire IEP at the meeting. Ask parents if
they have any questions, objections, or changes and if they respond “no”, then an
appropriate statement could be “Mrs./Mr._____, we believe this is an appropriate
program and placement for _______ and appreciate an opportunity to work with
him/her; we need your signature on the Prior Notice page to implement this IEP.”
o A complete IEP includes: Copies of the signed notices, Prior Written Notice,
the IEP, and if applicable, special transportation request, behavior plan,
VAAP, VGLA, VMAST, or VSEP criteria. An indicator 13 checklist must be
included for student 13-6 years or older.
Note: if you believe the IEP meeting may be contentious, you are always welcome to
invite an administrator of Special Education.
Writing the IEP
An IEP must be developed prior to service and the first day of school. As well, in
Orange County Public Schools IEPs must be written within 30 calendar days of
eligibility and/or from date of enrollment. This 30 calendar day period applies to
students who transfer into OCPS from within another Virginia County with a current
IEP for services/support. You may not amend another county’s IEP. Review the
existing IEP to make certain it can be implemented as written until you develop an
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OCPS’ IEP. Schedule an IEP team meeting with your Principal and the parent(s).
Discuss any areas you feel cannot be supported. For students who transfer into
Orange County Public School from outside the state of Virginia, an eligibility
meeting must be held to review data and an Orange County IEP written within 30
calendar days of enrollment. IEPs are written for one academic year for transfer
students. An IEP meeting may be called by anyone who has a vested interest in the
student. IEP meetings must be held over the summer months, if needed or requested.
The date and time of the meeting must be mutually convenient for staff and parents.
Parents and others may participate by telephone conference if work schedules do not
allow them to attend in person. If you are developing an initial IEP, services may
not begin until the IEP is signed by parent(s).
Use IEP Process tab (far right) in EasyIEP to write the IEP. Green checks mean that
the section is completed. Red X means that there are errors that have to be corrected.
If you are unable to locate the error after several attempts at correction, contact
compliance coordinator for assistance.
Revise the IEP, as appropriate, to adjust for any lack of expected progress toward the
goals, review any recent evaluations, consider information provided by parents,
review the student’s anticipated needs and/or any other matter, e.g., change in
disability, change in placement, change in hours of attendance, etc.
Problematic school behaviors must be addressed and interventions or strategies to
facilitate positive responses need to be implemented. Some examples of interventions
are a Behavior Intervention Plan (BIP), Functional Behavioral Assessment (FBA),
behavior contract, and/or counseling with the school Guidance Counselor. All
students who are identified as students with ED should have counseling on the LRE
page, a goal with at least 2 objectives and service from a school psychologist. The
exception is, if a student receives “outside” counseling, they will not be served by a
school psychologist.
Remember: IEPs are individualized plans to meet each student’s unique needs. It is
unethical to write the same IEP for each student on your caseload. Do not include
personal thoughts or opinions in an IEP, i.e., an IEP is developed using data.
NOTE: NEVER write “I think......” or “I believe” in an IEP! An IEP is based
upon data and student’s needs. This includes statements regarding parental
concerns. This includes stating that a student is wrongly identified or the school is
not meeting the needs of the student. If these are concerns, then an IEP meeting
should be called to discuss the issues.
Draft IEPs must be submitted for parent review three days prior to the IEP meeting.
If you send home the notice 7 days in advance, the draft IEP should accompany the
notice providing the parents/guardian ample time to review the draft document.
Please notify Vickie Baker that the draft is ready for review. Once she has reviewed
it, an email will be sent with any needed corrections or revisions. As well, the draft
IEP should be shared with the other IEP members prior to the meeting.
16

Changes should be made at the IEP meeting to the draft document. IEP’s should be
finalized at the IEP meeting and signed by everyone present. The school signs even if
the parent does not or is not present. Copies should be sent to parent/guardian,
TEAC, and school keeps a copy.
Once the IEP is finalized and sent to TEAC, Vickie will review it and send out an
orange sheet if any additional revisions are required.
Use the Contact Log in EasyIEP to document notes of phone calls to parents; include
discussion topics. If parents refuse to attend meetings, a detailed description of why
the parents would not participate in the IEP meeting should be logged.
Parents include biological parents, adoptive parents, grandparents or stepparent with
whom the student resides, legal guardians or a surrogate parent. A state agency
representative, e.g., Department of Social Services, is not a parent. Foster Parents
may serve as a parent if the biological parent has no authority to make educational
decisions and if the foster parent has an on-going parental relationship with the child,
and has no conflict of interest with the child. Parents are equal participants with
school personnel in IEP development. If the student is parentally placed in a private
school, invite a representative of the private school to the meeting to participate in
IEP development.
If a student receives medication during the school day from the school nurse, the
student must have a Nursing Plan of Care. This plan is written by the School Nurse
and is found on EasyIEP. The responsibility of the case manager is to include the
Nurse on the IEP team, issue the Nurse meeting notices and the Nurse must sign the
IEP. As well, the nursing service must be included on the LRE page with a minimum
of 5 minutes per day. The location is Special Education.
Include special transportation on the Related Services page with a minimum of 20
minutes twice/once a day. The location is Special Education.
Homebased versus Homebound
Homebased education is made available to children whose IEP’s require the delivery
of services in the home or other agreed-upon setting.
Homebound education is made available to children who are confined for periods that
would prevent normal school attendance based upon certification of need by a
licensed physician or clinical psychologist.
**These terms are NOT synonymous.**
ALWAYS click on any ‘details’ tab and complete each cell of information.
Extended School Year (ESY) Services
ESY services must be included in the IEP if the benefits obtained during the regular
school year will be significantly jeopardized if services are not provided during the
summer months. ESY services are required when regression will substantially thwart
17

the goal of meaningful progress. Services are not provided on the basis that they
would be beneficial to the student, i.e., they must be necessary to the student’s
progress in and/or access to the curriculum. You should refer to the state regulations
concerning ESY, to ensure you have an understanding of this service. As well, refer
to the “Extended School Year Services Technical Assistance Resource Document”,
dated December 2007, from VDOE Office of Special Education and Student Services
located at the end of this handbook.
A Prior Written Notice must be provided when there is a refusal to an action proposed
by parents or the school division. An IEP cannot be modified in any way outside of
an IEP meeting, i.e., the IEP must be implemented as written until amended in
another meeting. Schedules or services cannot change if that change will affect IEP
services, until a meeting is held and the parent signs the agreement to the change.
Remember:
o Consideration must be given to any parent request; consideration does not
require acceptance however
o Nothing is put into an IEP unless there is agreement by the school
division/LEA
o Do not impose obligations which exceed regulations or
requirements and then complain later about having to follow through with the
obligations; say “no” and provide a Prior Written Notice
o If issues have been dealt with in a prior IEP meeting, there is no requirement
to hold another meeting to discuss the issue again
o Exercise good judgment
o Virginia regulations permit parents to tape IEP meetings
o Implement the IEP
Transition
Transition services are offered to students who are 13-6 years of age and older. These
are a coordinated set of activities, services and goals based on a transition assessment
given yearly that will assist the student in post-secondary decision making. Please see
the on-line Transition Handbook for detailed instructions regarding the process of
Transition Planning. If you have questions, call Heather Dixon.
o Goals must be updated annually, including for seniors
o Goals must be broad but specific to each students’ interests, preferences, and
abilities
o Transition planning can be completed during a separate meeting
o Do not write “Within one year of graduation…” instead write Following
graduation… or upon completion of high school…
IEP Meeting
Recording: Parents may request the meeting be taped. Parents must provide notice in
advance of the meeting that they will tape. If no notice of taping is issued, parents
18

must provide a copy of the tape to the school division at the end of the meeting. In
the event that the parent tapes a meeting, the school shall also record the meeting.
Before the meeting…
o Advise teachers and/or other providers of their responsibility regarding the
IEP and the accommodations, modifications, or supports that are in the IEP.
o Complete a DRAFT IEP and distribute to all team members for review
including parents
o Review “Demographics” section to make certain all information is accurate
o Please refer to the “Comments which should never be made by IEP team
members”.
During the meeting…
o introduce all members of the team; welcome everyone
be a facilitator: discuss parent concerns as they arise and make any changes as
determined by the team
o secure signatures on appropriate pages (meeting notice, participation page,
LRE (initials), Medicaid, consent to implement the IEP.
o you may offer Procedural Safeguards to parents; note on the IEP if the
safeguards were refused (with date, time and your initials)
o provide parents a copy of the final IEP; the copy must be provided at no cost
to parents
o thank everyone for their attendance and offer your continuing support to
parents
After the meeting…
o send/file copies as required
o Fax the Easyfax page to the following phone number: 1 (866) 873-8821
o maintain contact with team members regarding student
o maintain regular contact with parents and document your contacts with time,
date, mode (telephone, face-to-face conversation, etc.), under the contacts tab
in EasyIEP
o take data as it applies to the goals in the IEP
o implement the IEP as written
o if the parent did not attend the meeting, contact them and ask them to sign
giving consent to the IEP, if they are in agreement. If they are not in
agreement and failed to attend the meeting, extend a written offer of another
meeting date/time. Issue a Prior Written Notice (the one with the County
Seal) with this written offer of meeting time
IEP Amendment Meetings . . .
No modifications or changes to a signed IEP may happen prior to an amendment
meeting. An amendment has a minimum of four components. Please follow the
instructions below:
o A Meeting Notice, signed by parent, student and/or both
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o Through IEP Process in EasyIEP, make the necessary changes to the IEP.
o Amendment Page: At the end of Process, under the “Create Draft” section,
click “IEP Addendum” as the meeting purpose. A set of boxes will appear.
Check the appropriate reason for the amendment. Then, in the box, write a
detailed explanation of the changes. This states the purpose of the meeting;
all attendees will sign acknowledging participation in the meeting (signature
does not acknowledge any obligation on behalf of the parent, student, or
school)
o Print the LRE/and or goal pages/and or accommodations as necessary.
o Prior Written Notice: this written document acknowledges the IEP has been
changed and why; it may document no changes were made to the previously
signed IEP
� Prior Written Notice is provided AFTER a proposal or refusal is
made. This is sent for EVERY IEP meeting held.
Child Study Meetings . . .
o By law, a child study referral does not need to be in writing. It may be written,
electronic, or verbal. A parent may request a Child study through any school
employee. It is the employee’s responsibility to follow through with the
request by contacting the RTI (Response to Intervention) committee.
o The Child Study Meeting must be held within ten days of the request.
o Check for a Child Study Meeting Notice
o Review RTI paperwork and cumulative file
o Complete Child Study Action Form; at least 2 of 3 boxes must be checked
due to timelines
o Complete, if needed, screening paperwork
o Complete, if needed, Prior Notice; at least 2 components need to be
administered (this is the Prior Notice with/for parent permission to test
o Be sure to check observation as we are legally required to do this as part of the
evaluation process.
o Complete Prior Written Notice to parents (the PWN with the county seal)
o Give parents a copy of Procedural Safeguards and a copy of the Child Study
Minutes and the Prior Written Notice
o Select a meeting date if a reconvened meeting is recommended and
remember:
You must have at least 3 people at the meeting (administrator, specialist,
child’s teacher) plus parents
o If testing is being requested, Phyllis Long will set the date for the eligibility
meeting.
o If testing is being requested, send child study paperwork and testing request to
Phyllis Long in the Special Education Office within 2 days. Our timeline
begins when the parent signs the paperwork.
o If the notice was sent and the meeting scheduled with parents and agreed
upon, conduct meeting or reschedule
o The Child Study meeting, screenings, and reconvene must be completed
within 30 days.
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Eligibility
o All students who receive special education services must have an eligibility
(or triennial) re-evaluation every three years, one day prior to the third
anniversary of the last eligibility determination.
o The student must be “observed” in connection with each eligibility
determination. If the observation is formal, there must be parental consent.
o For an informal observation, the teacher records events of each day. No
parental consent is needed.
o Give Prior Written Notice when there is a refusal to evaluate in connection
with child study.
o Eligibility for Related Services is determined by the IEP team
Educational Records
o Parents may request that records be amended, but they cannot require that
records be destroyed
o Do not assume that “notes” are personal items
o Do not create records for parents. If parents have questions, have them send a
list of questions to answer. The school is under no obligation to answer. This
is creating records.
Alternative and Alternate Assessments
o Virginia Alternative Assessment Program (VAAP): is a collection of evidence
(COE) gathered throughout the school year that reflects the student’s mastery
of certain Aligned Standards of Learning (ASOL). VAPP’s are administered
during grades 3, 4, 5, 6, 7, 8, and 11. Only students who are ID and working
toward a Special Diploma are eligible to participate in the VAAP program.
o Virginia Grade Level Assessment (VGLA): is a collection of evidence (COE)
gathered throughout the school year that reflects the student’s mastery of the
Standards of Learning in the areas of writing, science, and history/social
science for grades 3, 4, 5, 6, 7, and 8. Students who may participate in the
VGLA program receive services through an IEP or a 504 plan, and cannot
show success on the multiple choice format of a traditional SOL test. There
must be a direct relationship between the student’s accommodations and
services, as well as a determination of the need for alternate assessment.
Anecdotal Records and captioned photographs are NOT allowed as evidence.
o Virginia Modified Achievement Test (VMAST): VMAST is delivered in a
multiple-choice format. It is designed for students who have difficulty with
the traditional four choice question format, but are learning grade level
content. The VMAST includes the following possible modifications: reading
level of questions, number of answer choices, number of test questions, the
use of highlighting, colored text, pictures, graphs and additional supports and
cues. VMAST mathematics assessments for grades 3-8 and Algebra I are
available for the 2012-2013 school year. VMAST for reading in grades 3-8
and End of Course Reading are available for the 2012-2013 school year.
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Continue to utilize the VGLA for science and social studies assessments in
grades 3-8, and VSEP for the high school in all other academic areas. 504
students are not eligible to participate in a VMAST.
o VMAST counts toward the attainment of a standard or advanced
diploma
o Virginia Substitute Evaluation Program (VSEP): is a collection of evidence
(COE) collected throughout the school year that reflects the student’s mastery
of the Standards of Learning of a particular course. Students who successfully
complete a VSEP are awarded a “verified credit” for that course upon
successful completion of the class. Students who may participate in the VSEP
program receive services through an IEP or a 504 plan, and cannot show
success on the multiple choice format of a traditional SOL test. There must be
a direct relationship between the student’s accommodations and services, as
well as a determination of the need for alternate assessment. Courses for
which a VSEP may be appropriate are: Algebra I, Geometry, Algebra II, Earth
Science, Biology, Chemistry, World Studies I, World Studies II, US History,
English 11 Reading, and English 11 Writing.
o VSEP counts toward the attainment of a standard or advanced
diploma, however, it does not count toward the AYP area of
“participation”
o The IEP team is responsible for making the decision to participate in the “V”
programs, and must follow all of the guidelines and regulations for each.
Behavior
Manifestation Determination (MDR): the purpose is to ensure that special
education students are not excessively absent due to behavior problems and
disciplinary procedures are followed.
Process:
� Misbehavior occurs and a referral is written; student is suspended and
parents are notified. Procedural Safeguards are issued with all written
paperwork to parents/guardians. Services are provided on the 11 th
cumulative day that student is not in school (Principal).
� Misbehavior that occurs on the bus and results in bus suspension; school
attendance must be monitored. If the student is unable to attend due to no
transportation, OCPS must transport or provide services to the student
beginning the 11 th cumulative day. If the student is at school during the
bus suspension, nothing will need to be done on the school’s part.
� Central Office is notified, i.e., Superintendent’s Office and Special
Education. The Special Education Office is notified to ensure that a staff
member, i.e., school psychologist or an administrator of special education,
can be present to interpret the data at the scheduled meeting (Principal).
22

� Notice of Manifestation Meeting to parents within 10 days of discipline
(Principal or designee); Procedural Safeguards must be sent with the
meeting notice (student’s Case Manager).
� Follow up concerning the meeting time and to invite participants, i.e.,
general education teacher, special educator, administrator, Central Office
representative, parents and adult student (Case Manager).
� Before the meeting and as quickly as possible, review the IEP to
determine the appropriateness and implementation, i.e., is the IEP being
implemented and is the student’s schedule reflected in the IEP? (Case
Manager).
� At the meeting, the Office of Special Education staff will complete all the
paperwork, i.e., Manifestation Meeting form and Functional Behavior
Assessment. An IEP Amendment is required when placement changes are
recommended and accepted by the IEP team. The Case Manager will
review the IEP, review the meeting notice, review grades and attendance.
In addition, have the student’s grades and attendance as well as the
cumulative file. The goal of the group is to build consensus and not to
vote.
� Copies of all forms are given to parents, to the school and a copy to the
Office of Special Education (for school board copy) is issued at the end of
the meeting.
Resources
Questions about Special Education?
topic call
504 students Vickie Baker
504 Procedures/Policy Vickie Baker
Abuse, Neglect Principal; Wendy Boone, Amy Reed
Adaptive P.E. Tim Thomas
ADD/ADHD Karen Chapman
Pamela Gamble
Nick Curtis
Aimsweb Your building contact, ask your administrator
Alternative Education Eugene Kotulka
Assistive Technology Vickie Baker
Attendance Amy Reed
Wendy Boone
Autism Karen Chapman
Pam Gamble
Nick Curtis
Behavior Consult Karen Chapman
Pam Gamble
Nick Curtis
Braille Natalia McMahan
Budget Jan Carpenter
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Orders Andrea Kearns
Child Find Jan Rasnick
Child Study, to schedule Building Case Manager
Closed files Phyllis Long
Community Services Board Wendy Boone
Amy Reed
Compliance issues Vickie Baker
Conferences, registration Building Administrator
Counseling Karen Chapman
Pam Gamble
Nick Curtis
CPMT Vickie Baker
December 1st Child Count Phyllis Long
Discipline Jan Carpenter
Early Intervention Jan Rasnick
Students with ED Karen Chapman
Pamela Gamble
Nick Curtis
Educational Testing Vickie Baker
Eligibility, to schedule Phyllis Long
ESL/LEP Carol Hunter
Extended School Year Vickie Baker
Resource Center Vickie Baker
FAPT concerns Wendy Boone
Amy Reed
GED Eugene Kotulka
General Staff Development Linda Carlton
Gifted Education Carol Hunter
Graduate Classes Jan Carpenter
Health Care Plan School nurse
Head Start, early intervention Jan Rasnick
Hearing Services Christa Falb
Homebound Services Eugene Kotulka
ID Curriculum Jan Carpenter
IEP Development Vickie Baker
IEP Handbook Vickie Baker
IEP program EasyIEP Vickie Baker
Initial Eligibilities Vickie Baker
ISP Development Vickie Baker
Jail Program Vickie Baker
Legal Questions Jan Carpenter
Laptop computers Phyllis Long
Licensure questions Yvonne Dawson
Mandt Eugene Kotulka
Medicaid Andrea Kearns
Occupational Therapy Traci Qureshi
Outside Placements Vickie Baker
24

Parent Complaints Principal/Jan Carpenter
Physical Therapy Louise Gerlach
Rethink Autism Jan Carpenter
Vickie Baker
Andrea Kearns
Social or family issues Wendy Boone
Amy Reed
Special Education Log Phyllis Long
Special Education Procedures Jan Carpenter
Special Transportation Phyllis Long
Specialized Reading programs Jan Carpenter
SRA Orders your building Case Manager
SRA Training Jan Carpenter
Student Records Phyllis Long
Transition Services Heather Dixon
Triennial Reviews/Evaluations Karen Chapman
Pamela Gamble
Nick Curtis
V Program questions Vickie Baker
Vision Services Natalia McMahan
Vocational Heather Dixon
VSDB Vickie Baker
Natalia McMahan
Christa Falb
Where to find certain items. . .
Topic Call
PRIM Guide school resource library
Testing Material Order Forms Central Office
Caseloads your Principal
Assistive Tech devices Vickie Baker
General Ed Curriculum Bill Berry, K-5
Linda Carlton, 6-12
Budget updates Jan Carpenter
WIAT Manual/Kit school/building case manager
KBIT speech therapists at your school
Alpha Smart Vickie Baker
Books on tape Vickie Baker
Phyllis Long
Loaner laptops Central Office
County car Central Office
Audiometers your school speech therapist
SRA Materials your building Case Manager
Jan Carpenter
Teacher Resource(s) Jan Carpenter
25

Community Organizations and Groups
Please the Orange County Public School Special Education Webpage for additional Resources
http://www.ocss-va.org/public/departments/sped/index.htm
Information
Orange County Office on Youth 540-672-5484
Orange County Public Schools http://www.ocss-va.org 540-661-4550
Town of Orange http://www.townoforangeva.org
Abuse & Neglect of Children
Investigation & intervention:
Child Abuse & Neglect Hotline/Child Protective Services at the Virginia Dept. of
Social Services 800-552-7096
Services for adults with disabilities over the age of 18:
Adult Protective Services information: 804-786-8536
Family Violence Hotline 800-838-8238
National Committee to Prevent Child Abuse 800-556-2722
National Runaway Switchboard/Youth Crisis Hotline 800-448-4663
Virginia Committee to Prevent Child Abuse publications 800-244-5373
ADD/ADHD
Children and Adults www.chadd.org
Addiction
Al-Anon/Alateen http://www.al-anon.alateen.org 800-344-2666
Alcoholics Anonymous http://aa.org 212-870-3400
Alcohol & Drug Abuse 800-522-3200
Drug Violation Hotline 800-553-3673
Narcotics Anonymous http://www.na.org/ 800-777-1515
National Clearinghouse for Alcohol & Drug Information 800-729-6686
Allergies
National Institute of Allergy & Infectious Disease (NIH) 301-496-5717
http://www.niaid.nih.gov/Pages/default.aspx
Asthma
Asthma & Allergy Foundation of America http://www.aafa.org 800-727-8462
Autism
Autism Research http://www.autism-resources.com
Autism Speaks www.autismspeaks.org
Commonwealth Autism Service http://www.autismva.org
Virginia Autism Resource Center 540-667-7771
Cancer
American Cancer Society – local http://www.cancer.org 800-ACS-2345
National Cancer Institute 800-4-CANCER
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Careers
Career Center of Orange 540-661-4333
Career Information 800-542-5870
Job Corps http://www.doleta.gov 800-889-9335
View Employment Services 540-672-1155 ext. 126
Community Services Board
Rappahannock Rapidan Community Services Board http://www.vacsb.org 540-825-3100
Congenital Disabilities
March of Dimes Birth Defect Foundation http://www.modimes.org 800-467-7242
National Information Center for Children & Youth with Disabilities
http://nichcy.org 800-695-0285
National Institute of Health (NIH) http://www.nih.gov
Developmental Endocrinology 301-496-4686
Genetics & Rare Diseases Information Center 888-205-2311
Courts & Corrections
Juvenile & Domestic Relations Court 540-672-3150
Probation & Parole 540-672-1683
Deaf & Hard of Hearing Services
American Speech-Language-Hearing Assoc. http://www.asha.org 800-638-8255
AT&T Accessible Communications Product Center 800-233-1222
Gordonsville Lions Club 540-832-3383
Hearing Aid Help Line / referrals 800-521-5247
Hearing Loss Lead Line 800-352-8888
Lioness Club of Lake of the Woods 540-972-5398
VA Dept. for the Deaf & Hard of Hearing http://www.vddhh.org 800-552-7917
VA Relay Center voice 800-828-1140
VA Relay Center TTY 800-828-1120
VA School for the Deaf & Blind (VSDB), Staunton
http://www.vsdb.state.va.us voice 800-522-8732
Developmental Delays
State Advocacy for the Developmentally Delayed 800-552-3962
Infant Toddler Connection (ITC) 800-234-1448
Healthy Families 540-672-1776
Disability Issues
Directory of Disability Information (NARIC) http://naric.com 800-346-2742
VA Assistive Technology (VATS) 800-435-8490
Early Childhood
Orange County Head Start 540-672-7500
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Family Assistance
Clothes Closet 540-672-3989
Financial Aid for Food Stamps & Food Assistance 540-672-1155
Love Outreach Food Pantry 252 Blue Ridge Drive, Orange, VA 22960
Michael’s Gift 540-672-5484
Family Services
1 st Call for Help 540-825-7569
Orange Family Guidance Services 540-672-2718
Head Injury
Brain Injury Association of VA http://www.biav.net 800-334-8443
Health Conditions
Epilepsy Foundation, National Capital Area 800-332-2373
http://www.epilepsyfoundation.org
FACES (National Association for the Craniofacially Handicapped) 800-332-1000
http://www.faces-cranio.org
National Institute of Neurological Disorders & Stroke http://www.ninds.nih.gov
National Organization for Rare Disorders (NORD); information and referral 800-999-6673
http://rarediseases.org
Health Department
Orange County Health Department 540-672-1291
Learning Disabilities
Learning Disabilities Assoc. of America http://www.ldanatl.org
National Center for LD http://www.ld.org
National Institute of Neuro Disorders & Stroke http://ninds.nih.gov/index.htm
Mental Health
Behavioral Health Care Rappahannock Rapidan 540-672-2718
National Mental Health Association 703-684-7722
Bipolar Disorder www.bpchildren.org
Pregnancy
Healthy Families in Orange County 540-672-1766
Pregnancy Center of Central Virginia 540-661-5111
Professional Parent Organizations
Educational Resources Info Center (ERIC) http://eric.ed.gov 800-328-0272
National Info Center for Children & Youth with Handicaps (NICHY)
http://nichcy.org 800-695-0285
Orthopedic Disorders
Kluge Children’s Rehab Center (KCRC) @UVA 800-251-3627
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Parks & Recreation
Orange County Parks & Recreation 540-672-5435
Rehabilitation
Virginia Dept. of Rehabilitative Services (DRS) 540-727-3259
Woodrow Wilson Rehab Center http://www.wwrc.net 800-345-9972
Speech
American Speech-Language-Hearing Assoc. http://www.asha.org 800-638-8255
National Center for Stuttering 800-221-2483
Social Security
Social Security & SSI 800-772-1213
Social Services
Orange County Dept. of Social Services 540-672-1155
Transportation
Town of Orange Transportation (TOOT) 540-672-TOOT
Visual Impairments
Am Speech-Language-Hearing Assoc. http://www.asha.org 800-638-8255
Gordonsville Lions Club 540-832-3383
Lioness Club of Lake of the Woods 540-972-5398
Learning Ally (Recording for the blind & dyslexic) http://www.learningally.org/ 866-732-3585
VA Dept. for the Blind & Vision Impaired http://www.vdbvi.org 800-622-2155
VA library for Visually & Physically Handicapped
http://www.vdbvi.org/libr_services.htm 800-552-7015
Abbreviations
ABA: applied behavioral analysis
AE: age equivalent (score)
ADD/ADHD: attention deficit disorder/attention deficit hyperactivity disorder
APE: adaptive physical education
BIP: behavior intervention plan
CA: chronological age
CB: center based
CBM: curriculum based measurement
CD: conduct disorder
CPI: Crisis Prevention Intervention (Restraint Training)
CPMT: community planning and management team
CS: child study
CSB: community services board
CTR: center
DAB: diagnostic/developmental achievement battery
DI: direct instruction
DD: developmental delay
DOB: date of birth
29

DOE: Department of Education (Virginia Dept. of Education, Richmond)
DRA: Diagnostic Reading Assessment (SRA)
DRS: department of rehabilitative services
DSA: Developmental Spelling Analysis (Ganske)
E: educational evaluation (Prior Notice form)
EC: early childhood
ED: emotional disturbance
EN: educational narrative (Prior Notice form)
ESL: English as a second language (native language other than English)
ESY: extended school year
FAPE: free appropriate public education
FAPT: family assistance planning team
FBA: functional behavioral assessment
FDI: freedom from distractibility index (score)
FSIQ: full scale intelligence quotient (score)
GIQ: general intelligence quotient (score)
GE: grade equivalent (score)
GED: general equivalency development
H: hearing screen (Prior Notice form)
HI: hearing impaired
ID: intellectual disability
IDEIA: Individuals with Disabilities Education Improvement Act of 2004
IEP: Individual Education Plan
IRI: informal reading inventory
ITRT: Instructional Technology Resource Teacher (in each building)
LA: language arts
LCCE: life centered curriculum education
LD: learning disorder
LRE: Least Restrictive Environment (placement)
M: medical update (Prior Notice form)
MD: multiple disabilities
MDR: manifestation determination
NOS: not otherwise specified
NONV: nonverbal
OBJ: objective
OBS: observation
OHI: other health impaired
OCD: obsessive, compulsive disorder
OI: orthopedic impairment
O&M: orientation and mobility (service)
OT: occupational therapy
P: psychological evaluation (Prior Notice form)
PALS: Phonological Assessment of Language Skills
PDD: pervasive developmental disorder
PIQ: perceptual intelligence quotient (score)
PLC: Professional Learning Community
PSI: processing speed index (score)
30

PRF: parent report form
PT: physical therapy
PWN: Prior Written Notice (form)
PN: Prior Notice (form for permission to evaluate)
QRI: qualitative reading inventory
RTI: response to intervention or response to instruction
S: social history (Prior Notice form)
SID: student identification number for testing (SOLs)
SLD: specific learning disorder
SLI: speech/language impaired
SLP: speech/language pathologist (therapist)
SRA: Scholastic Reading Analysis (SRA Reading Program, DI/McGraw Hill)
SRI: scholastic reading inventory
SS: standard score
SS#: social security number
STC: school test coordinator
STI#: student testing identification number
TBI: traumatic brain injury
TRF: teacher report form
VAAP: Virginia Alternate Assessment Program
VGLA: Virginia Grade Level Assessment
VMAST: Virginia Modified Assessment Test
VSEP: Virginia Substitute Evaluation Program
VI: visually impaired
VIQ: verbal intelligence quotient (score)
VDOE: Virginia department of education
WIAT-II: Wechsler Individual Achievement Test
WISC-IV: Wechsler psychological assessment, 4th revision
WJ3: Woodcock Johnson (achievement test), 3rd revision
WL: written language
WM: working memory
WNL: within normal limits
WS: work sample (Prior Notice form; Child Study form)
Extended School Year Services: Technical
Assistance Resource Document
Revised December 2007
Virginia Department of Education: Office of Special Education and Student Services
P.O. Box 2120, Richmond, Virginia 23218-2120, ph. 804-225-2402
Note: this document was developed by a work group that included staff at the DOE,
local administrators, and parents of children with disabilities. This information was
developed for the purpose of providing technical assistance by summarizing various
case law decision and interpretations of extended school year services. This
summary is not regulatory, but rather is intended to provide guidance for addressing
the legal requirement for extended school year services, if those services are needed
31

for a student’s free appropriate public education. This information may be provided
to parents and used as a basis for ongoing personnel development.
What are ESY services?
The Individuals with Disabilities Education Improvement Act of 2004 (P.L.
108-446) (IDEA 2004) provides that all students with disabilities are entitled to FAPE.
To have meaningful access to public education, students with disabilities may require
services or types of educational programs that are different from those needed by
other students, since each student with a disability has unique learning needs. With
this in mind, FAPE, for some students with disabilities, may require a program of
services in excess of the normal school year.
In general, Extended School Year (ESY) refers to special education and/or related
services provided beyond the normal school year of a public agency for the purpose
of providing FAPE to a student with a disability. These services are distinct from
enrichment programs, summer school programs, and compensatory services and are
not simply an extension of time. ESY services are not so much a regression and
recoupment issue as they are an issue of FAPE. Unrecouped regression, over time,
may be evidence that FAPE is not being provided. In other words, it is not the case
that a student is entitled to ESY services, but that the student will not receive FAPE if
ESY services are not provided. These services, at no cost to the parent, will vary in
type, intensity, location, inclusion of related services, and length of time, depending
on the individual needs of the student. The consideration of ESY services is a part of
the IEP process.
The IEP, in accordance with the Regulations Governing Special Education Programs
for Children with Disabilities in Virginia, must have a statement of the projected
dates for initiation of services and the anticipated duration of the services. Thus, any
IEP that complies with this requirement already has a built-in mechanism to address
whether services will last for 10 or 12 months, or any other period of time. The IEP
must address the provision of ESY services, if required, in order for the student to
receive FAPE.
ESY is not a separate planning process since it is part of the IEP process. Thus, an
IEP meeting must be held to consider if a student needs ESY services and must be
conducted like any other IEP meeting with appropriate prior notice. If seen as
separate, it may lead to the segmentation of services for the student and further lead to
situations where these services are considered or open to discussion for some
students, but not for all. Therefore, a separate IEP should not be developed for ESY
services; the current or an amended IEP should be used.
Factors to be considered when determining the need for ESY services include
regression/recoupment, degrees of progress, emerging skills/breakthrough
opportunities, interfering behaviors, the nature and/or severity of the disability, and
other factors.
What ESY services are not. . .
32

Because ESY services are uniquely designed to provide FAPE to students with
disabilities, it is necessary to emphasize that these services are:
Not based on the category of disability – services must be based on the educational
needs
Not mandated 12 month services for all students with disabilities
Not a child care service
Not necessarily a continuation of the IEP provided during the school year
Not required to be provided all day, every day or each day
Not an automatic program provision from year to year
Not summer school per se, compensatory services, or enrichment
Not required to be provided in a traditional classroom setting and
Not a service to be provide to maximize each student’s potential
Determining the need for ESY
Determining the need must be presented in the IEP process and completed at an IEP
meeting. The IEP team should consider the need for services at least annually, but
must consider the need for services if so requested. The request to consider ESY may
be initiated by the parent, the student, the teacher, related service providers or
administrators. The consideration for ESY should be an integral part of any IEP
meeting, including the initial IEP meeting.
Procedures
Any procedures used by a local school division to assist the IEP team in determining
the need for ESY services
must prohibit the postponement of the decision by the IEP team until after the
summer, in order to gather data or to determine what would happen if the services
were not provided
should allow the decision by the IEP team to be made early enough to ensure that
parents can exercise due process rights if they wish to do so
must ensure that individual needs are addressed and the nature of the services will
vary based upon those needs
must not prelimit the ESY services to a set number of days or hours nor restrict the
provision of ESY for administrative convenience
must not allow the availability of ESY to be limited by financial resources of the
school division
must not allow the denial of ESY to students who need the services in order to receive
FAPE and
must not limit ESY to predetermined disability categories nor categorically exclude
certain students with disabilities
Factors to be considered by the IEP team
When determining the need for ESY, decision should always occur retrospectively or
prospectively based upon the unique needs of the student. Decisions are made to
ensure the student is provided FAPE. Thus, the decision is based upon data and
discussions by the IEP team and not determined solely by any formula, including a
33

egression or recoupment formula. Factors that the IEP should consider in the
decision are listed below. Any of these factors, alone or in combination, can trigger
the need for ESY.
Regression and/or Recoupment
The IEP team determines whether without these services, there is a likelihood of
substantial regression of critical life skills caused by a school break and a failure to
recover those lost skills in a reasonable time following the school break, e.g., 6-8
weeks after summer break
Degree of progress
The IEP team reviews the student’s progress toward the IEP’s goals on critical life
skills and determines whether, without these services, the student’s degree or rate of
progress toward those goals, objectives or benchmarks will prevent the student from
receiving benefit for his/her educational placement during the regular school year
Emerging skills/breakthrough opportunities
The IEP team reviews all IEP goals targeting critical life skills to determine whether
any of these skills are at a breakthrough point. When critical life skills are at this
point, the IEP team needs to determine whether the interruption in services and
instruction on those goals, objectives or benchmarks by the school break is likely to
prevent the student from receiving benefit from his/her educational program during
the regular school year without these services
Interfering behaviors
The IEP team determines whether without ESY services, any interfering behavior(s)
such as ritualistic, aggressive or self-injurious behavior(s) targeted by IEP goals, have
prevented the student from receiving benefit from his/her educational program during
the school year. The team also determines whether the interruption of programming
which addresses the interfering behavior(s) is likely to prevent the student from
receiving benefit from his/her educational programming during the next school year
Nature and/or severity of the disability
The IEP team determines whether, without ESY services, the nature and/or severity
of the student’s disability is likely to prevent the student from receiving benefit from
his/her educational program during the regular school year
Special circumstances or other factors
The IEP team determines whether, without ESY services, there are any special
circumstances that will prevent the student from receiving benefit from his/her
educational program during the regular school year. Other factors cited in case law
include:
Ability of the child’s parents to provide the educational structure at home
Ability of the child to interact with children without disabilities, and
Areas of the child’s curriculum which need continuous attention
34

In looking at the factor of regression and recoupment, the following discussion questions may help the IEP
team:
Does the student need extensive review to demonstrate previously learned skills?
What inconsistencies does the student demonstrate in mastered or partially acquired
skills?
Has the student reached a critical point of instruction or behavior management where
a break in programming would have serious, detrimental effects?
Does the student demonstrate behaviors or deficits that would cause regression if
breaks in programming occur?
Is there a degenerative medical condition that might cause regression?
Will a break in programming jeopardize the student’s placement in the LRE?
It is important to note that the IEP team is not required to demonstrate previous student regression before
ESY services are provided. If no empirical data is available on regression, then the need may be shown by
expert opinion or prospective criteria established by the IEP team. This decision should be based upon an
examination that includes, but is not limited to the following:
Review of the current IEP goals, objectives or benchmarks
Observation and data from teachers, therapists, parents, and other having direct
contact with the student before and during breaks in educational programming
Data and observations regarding the student’s performance after long weekends,
vacations, and past summer breaks
Assessment of information maintained on the student, including pretest and post-test
data, and
Curriculum based assessment, including pretest and post-test data, and other relevant
factors
ESY services should not be granted solely on the basis of the student not achieving one or more of the IEP’s
goals, objectives or benchmarks. The determination must be based on those services needed in order for the
student to receive FAPE. Thus, the IEP team must also review and consider the need for any related
services including transportation. If related services are necessary for the student to benefit from the special
education services provided during the ESY, then they must be provided. If a student needs only related
services as the ESY, then they should be provided. When the IEP team is determining whether a student
needs ESY services, they may use the following types of information:
Historical data
Review of current and previous IEPs
Documented regression and recoupment time
Documented clinical evidence
Classroom observation
Progress notes
Standardized tests
Sample of the student’s work
Behavior logs
Parent interviews
Attendance information
Other objective evidence, and
Expert opinions
35

What the services can look like . . .
The requirement regarding placement in the least restrictive environment (LRE)
during the normal school year applies to ESY services. The placement should be
based upon the IEP. There may be instances where a summer placement might
further isolate the student. If this is the case, the IEP team should consider whether
an alternative is more appropriate for the student. How services will be delivered is
determined by the IEP team and flexibility in the delivery of services can be
considered if it fulfills the needs of the student. While the school division must
consider LRE, it is not required to create artificial LRE settings during the summer
months to meet the LRE requirement.
Qualified personnel must provide ESY services. It is recommended that the staff,
which provides ESY services, submit a report regarding the student’s progress to the
student’s teacher(s) for the coming school year. As best practice, progress could also
be indicated on the student’s IEP. Examples include:
The teacher and parent working together; materials could be sent home with
Progress periodically monitored by the teacher
Learning packages with staff monitoring
Home based programs
School passed programs
Grouping students with similar goals
Cooperative programs with other agencies
Multi system shared programs
Contractual arrangements with service providers or agencies
Community based programs and
Vocational settings
The IEP team should document all options considered. This includes the justification
of those chosen and those rejected. Special Transportation is a related service and
must be offered if it is necessary for the student to benefit from special education and
related services.
The process . . . The IEP Meeting . . .
At an IEP meeting, at least annually, there should be a determination if a student with
a disability needs ESY services in order to receive FAPE. The IEP team should
consider all factors in its discussion. All decisions and the basis for the decisions
should be documented and communicated to the parent and student, if appropriate.
Remember, the question is: “Does the student need ESY services in order to receive
FAPE”?
If yes:
Identify the specific goals(s), objectives or benchmarks from the current IEP that
require services since all goals may not be affected
36

Determine the types(s), amount(s), and duration of the special education and/or
related services required based upon the goals(s) identified; the amount, type, and
duration may differ for each identified service if more than one service is required.
Do not forget to address any needed related services which also might include
transportation. Decisions regarding services must be based upon the student’s need
and not on existing programs
Determine the LRE in which the specific goal(s) will be addressed; note: schools are
not required to establish summer programs for nondisabled students for the sole
purpose of satisfying the LRE requirements for students receiving ESY (OSEP Policy
Letter, 8-30-89, EHLR213:215)
Determine participation with peers without disabilities, and
Determine the person(s) responsible for providing services, i.e., special educator,
speech/language pathologist, physical therapist, etc.
IF NO:
Provide the parents with written notice as required in state and federal regulations.
Some parents will decide not to have their child participate in ESY services. School
personnel should document this parental request and have the parent sign it, or may
issue a Prior Written Notice.
Definitions associated with ESY:
Critical life skills: a critical life skills includes any skill determined by the IEP team
to be critical to the student’s overall educational progress, including social and
behavior skills
Degree of progress: the IEP team must review the expected degree of progress on any IEP goals and
objectives targeting critical life skills, and determine whether without ESY services, the student’s degree of
progress on those IEP goals and objectives is likely to prevent the student from receiving some educational
benefit from his/her educational program during the regular school year
Emerging skills/breakthrough opportunities: the IEP team determines whether any IEP goals and objectives
targeting critical life skills are at a breakthrough point. At this point, the IEP team determines whether the
interruption of instruction on the critical life skills caused by the school break is likely to prevent the student
from receiving some educational benefit from his/her educational program during the regular school year
without ESY services
Extended School Year services: ESY services mean an individualized extension of specific special
education and/or related services beyond the regular school year provided in order for the student to receive
FAPE in accordance with his/her IEP
Interfering behaviors : the IEP team determines whether any interfering behaviors, such as stereotypic,
ritualistic, aggressive, or self-injurious behavior(s), targeted by the IEP’s goals and objectives would have
prevented the student from receiving some benefit from his/her educational program during the regular
school year. The IEP team also determines whether the interruption of programming for this (these)
interfering behavior(s) is (are) likely to prevent the student from receiving some benefit from his/her
educational program without ESY services
37

Regression/Recoupment: the IEP team determines whether, without ESY services, there is a likelihood of
substantial regression of critical life skills caused by the school break that would result in the failure to
recover those lost skills in a reasonable time following the school break
Regression: for the purpose of this document, it is a substantial loss of any critical life skill. Some degree of
loss in skills typically occurs with all students during normal school breaks and would not be considered
substantial.
Recoupment: is the ability to recover a loss of skills in a reasonable time following a normal school break.
Most students without disabilities recoup skills within 6-8 weeks. Reasonable recoupment rates vary among
individuals based upon individual learning styles, and rates. Accordingly, some students with disabilities
may require more than 6-8 weeks to recuperate.
Summer School: In contrast to ESY, summer school programs are optional and voluntary programs that
provide enrichment, remedial and reinforcement activities, or address new skills. Summer school is not
required for the provision of FAPE. ESY services could be provided in combination with existing summer
school programs if such programs are available and are appropriate for the individual student.
SPECIFIC CATEGORICAL EDUCATIONAL NEEDS
Learning disabilities/specific learning disabilities:
A disorder in one or more of the basic psychological processes involved in
understanding or in using language, spoken or written, which may manifest itself in
an imperfect ability to listen, think, speak, read, write, spell or do mathematical
calculations. This term includes such conditions as perceptual disabilities, traumatic
brain injury, minimal brain injury, dysfunction, dyslexia, and developmental aphasia.
The term does not include children who have learning problems which are primarily
the results of visual, hearing, or motor disabilities, or mental retardation, of emotional
disturbance, or of environmental, cultural or economic disadvantage.
Processing information involves:
1. Reception of information through sensory input channels – hearing, sight, touch,
etc.
2. Association of the organization of information for storage and later retrieval. This
process is dependent upon both neurological functioning and previous learning
experience.
3. Expression of information through speaking, writing, and movement.
A learning disability can result when there is a breakdown at any stage of information
processing. The capacity to access processing abilities is considerably compromised
by the lack of reliable and valid assessment procedures.
Educational needs: students with LD/SLD will require accommodations and direct
services to address processing deficits and processing difficulties.
38

Emotional Disturbance:
A condition exhibiting one or more of the following characteristics over a long period
of time and to a marked degree, that adversely affects a child’s educational
performance; an inability to learn which cannot be explained by intellectual, sensory,
or health factors; an inability to build or maintain satisfactory interpersonal
relationships with peers or teachers; inappropriate types of behaviors or feelings
under normal circumstances; a general pervasive mood of unhappiness or depression;
or tendencies to develop physical symptoms or fears associated with personal or
school problems.
The term includes children who are schizophrenic, but does not include children who
are socially maladjusted unless it is determined that they are emotionally disturbed.
Modify instruction:
. daily assignment sheet
. reduce assignments
. change of instruction level
. peer tutoring/parent volunteering
. change in teacher attitude/expectation
. increase small group and direct instruction
Alteration of physical environment
. change in seating
. study carrel
. change classroom assignment
. reduce distractions (do not hang items from the ceiling)
Behavioral management program
. increase praise and rewards
. document or chart behavior with students
. planned ignoring
. loss of privileges
. point system or level system
. time out (must be stated in IEP)
. behavioral contracts
. FBA
. observation by school psychologist & follow up consultation session
. social skills group
Intellectually Disabled:
Significantly sub average general intellectual functioning, existing concurrently with
deficits in adaptive behavior and manifested during the developmental period (before
18 years of age), which adversely affects a child’s educational performance.
Educational needs: students with ID will need daily instruction in several areas.
Those areas are functional academics, daily living (to include adaptive behavior
skills), and prevocational skill training.
39

Speech/Language Impairment:
A communication disorder, such as stuttering, impaired articulation, a language
impairment or voice impairment, which adversely affects a child’s educational
performance.
Educational needs: students with a speech or language impairment may need
academic support and/or accommodations in the classroom. In order to determine the
specific academic needs of a student, academic testing must be completed and up to
date.
Other Health Impairments:
Having limited strengths, vitality or alertness due to health problems such as a heart
condition, tuberculosis, rheumatic fever, arthritis, asthma, sickle cell anemia,
hemophilia, epilepsy, lead poisoning, leukemia, attention deficit disorder or attention
deficit hyperactivity disorder, or diabetes that are chronic or acute and adversely
affect a child’s educational performance.
Educational needs: students identified as OHI might need support from the nurse and
possibly behavior management.
Multiple Disabilities:
Concomitant impairments such as mental retardation with blindness, or mental
retardation with orthopedic impairments, the combinations of which causes such
severe educational problems that they cannot be accommodated in special education
programs solely for one of the impairments. The term does not include children with
deaf-blindness.
Individuals who have primary disabilities that severely impair cognitive abilities,
adaptive skills and life functioning; may have associated severe behavior problems;
may have the high probability of additional physical and/or sensory disabilities; do
require significantly more educational resources than are provided for children with
mild to moderate disabilities in special education programs.
Educational needs: student with MD will require a great deal of assistance, support
and related services.
Orthopedic Impairment:
A severe orthopedic impairment that adversely affects a child’s educational
performance. The term includes impairments caused by congenital anomaly, e.g.,
club foot, absence of some limb, etc., impairments caused by some disease, e.g.,
cerebral palsy, amputation, and fractures or burns that causes contracture.
Educational needs: often students with OI require related services such as special
transportation, physical therapy, and possibly occupational therapy.
40

Deaf:
A hearing impairment so severe that a student is impaired in processing linguistic
information through hearing, with or without amplification, and adversely affects
educational performance.
Educational needs: assistive technology as well as different types of hearing aides
may be needed to assist a deaf student in the classroom. In severe cases, where only
sign language is used, an educational interpreter may be warranted.
Deaf and Blind:
Concomitant hearing and visual impairments, the combination of which causes such
severe communication and other developmental and educational problems that they
cannot be accommodated in special education programs solely for deaf and blind
students.
Educational needs: assistive technology, as well as different types of hearing aides,
may be needed to assist this student in the classroom. In addition, Braille may need
to be used in order for the child to learn to read.
Hearing Impairment:
Impairment in hearing, whether permanent or fluctuation, that adversely affects a
child’s educational performance but which is not included under the definition of
deafness in this section.
Educational needs: assistive technology as well as different types of hearing aides
may be needed to assist this student in the classroom. In severe cases, where only
sign language is used, an educational interpreter may be warranted.
Visual Impairment:
Impairment in vision that, even with correction, adversely affects a student’s
educational performance. The term includes both partial sight and blindness.
Educational needs: often students with visual impairment need enlarged books and
texts, as well as modified equipment. Braille should be considered and determined as
appropriate. The IEP team should also consider whether Orientation and Mobility
(O&M) services are needed to be safe and comfortable in the environment and
community.
Traumatic Brain Injury:
An acquired injury to the brain caused by an external physical force, resulting in total
or partial functional disability or psychosocial impairment, or both; adversely affects
a student’s educational performance. The term applies to open or closed head
injuries, resulting in impairments in one or more areas such as cognitive, language,
41

memory, attention, reasoning, abstract thinking, judgment, problem solving, sensory,
perceptual or motor abilities, psychosocial behavior, physical functions, information
processing, or speech. The term does not apply to brain injuries that are congenital or
degenerative, or brain injuries induced by birth trauma.
Autism:
A developmental disability significantly affecting verbal and nonverbal
communication and social interaction, generally evident before age 3 that adversely
affects a student’s educational performance. The criteria are that the deficits are
evident before age 3 and significantly affect communication and social interactions.
Educational needs: since Autism is a disorder affecting communication, it is very
common for a student to require extensive language therapy, social skills training, and
behavior management strategies. In addition, they benefit from visual strategies.
42

Orange County Public Schools
Extended School Year Decision Making Guide
Use this form to assist with ESY determinations. This form should be included in the
student’s file.
Student__________________________ School_____________
Date______________ Case Manager____________________
CHECK ALL OF THE FACTORS BELOW THAT APPLY TO THIS STUDENT
AND PROVIDE EVIDENCE* THAT SUPPORTS EACH POINT TO ENDORSE
OUR CONCLUSION(S).
1. REGRESSION/RECOUPMENT ANALYSIS
__ the student experiences regression for partially mastered skills. That is, the
student reverts to a lower level of functioning – evidenced by a measurable decrease
in the level of behaviors or skills – as a result of an interruption in educational
programming.
Supporting evidence: _________________________________________
__ the rate at which the student recoups or recovers behavioral patterns and/or skills
specified in the IEP to a level demonstrated prior to an interruption of educational
programming is insufficient.
Supporting evidence: _______________________________________________
__ the student’s difficulties with regression and recoupment make it unlikely the
student will maintain the skills and behaviors relevant to the IEP goals and/or
objectives.
Supporting evidence: _______________________________________________
2. CRITICAL POINT ANALYSIS
__ student is at a critical point of instruction and needs time to practice or generalize
Supporting evidence: _________________________________________________
__ student is at a critical point of meeting the IEP goal of self-sufficiency and
independence from caretakers
Supporting evidence: _______________________________________________
__ successive interruptions in educational programming would result in the student’s
withdrawal from the learning process
Supporting evidence: ________________________________________________
3. SEVERITY OF DISABILITY
___ student’s disability is severe, e.g., autism/partially pervasive developmental
disorder; serious emotional disturbance; severe mental retardation, degenerative
impairments, severe multiple disabilities
43

Supporting evidence: ______________________________________________
4. EDUCATIONAL SUPPORT BY PARENTS
__ Parents are unable to provide educational support at home.
Supporting evidence: ______________________________________________
5. OVERALL PROGRESS
__ student is not progressing
Supporting evidence: ______________________________________________
COMPLETE ESY SECTION OF IEP AND MARK EACH IEP GOAL THAT
SHOULD BE A FOCUS OF ESY SERVICES NOTING HOW MUCH ESY TIME
SHOULD BE DEDICATED TO IT PER SESSION, e.g., next to IEP objective 1,
write in “ESY 20 min/session”.
Supporting evidence: __________________________________________________
* Evidence to justify the decision may include any of the following:
> progress on goals in consecutive IEPs
> progress reports maintained by educators, therapists, and others who have had
contact with the student before and after interruptions in the educational program
> medical/other agency reports
> observations & opinions by educators, parents & others supervising extracurricular
activities and/or
>results of tests, including criterion referenced
44

Blank Forms
Behavior Intervention Plan (this is on the Welcome page of EasyIEP), on the jump
drive
Manifestation Determination Forms (FYI only) – ask your school psychologist, on the
jump drive
ESY Decision Making Guide - included in this Handbook, on the jump drive
Prior Written Notice – ask Phyllis Long, on the jump drive
Prior Notice (PN) for evaluation - ask Phyllis Long, on the jump drive
Screening Form – ask your school psychologist, Phyllis Long, on the jump drive
Child Study paperwork - ask Phyllis Long, ask building case manager, on the jump
drive
Consent to Exchange Information-guidance office, ask building case manager, Phyllis
Long, on the jump drive
Transfer of Rights Letter – for OCHS only, ask building case manager
Final IEP (sample) Letter – for OCHS only, ask building case manager
Summary of Performance for seniors and aging out students – Documents in EasyIEP
Exit Interview for Seniors and aging out students-Documents in EasyIEP
Special Transportation Form (this is on the Welcome page of EasyIEP), Phyllis Long,
on the jump drive
Early Childhood (EC) Narrative – ask your building case manager, Phyllis Long, on
the jump drive
Elementary Narrative-ask your building case manager, Phyllis Long, on the jump
drive
Secondary Narrative – ask your building case manager, Phyllis Long on the jump
drive
Consent to Exchange Information – ask your building case manager, Phyllis Long, on
the jump drive
Eligibility Criteria Checklists (FYI only) – ask your school psychologist, Phyllis
Long, on the jump drive
45

Orange County Public Schools: policies and procedures
Section 504 of the Rehabilitation Act of 1973 and
the Americans with Disabilities Act of 1990 (ADA)
46
Reviewed July 2011

There is a comprehensive compilation, volumes I & II, which serves as a road
map of Section 504 and the ADA in relation to public school. If you wish to review
these volumes, please contact Jan Carpenter, Supervisor/Special Education.
This text begins with an introduction of a nondiscrimination directive which is
considered a “sister” civil rights statute to the Civil Rights Act of 1964. The
Department of Education’s Office of Civil Rights is the lead federal agency enforcing
section 504 in public school systems.
The ADA is an ambitious, sweeping mandate that is intended to eliminate
discrimination against persons with disabilities. Although the statute and section 504
share similarities, there are significant distinctions. The most significant of these
distinctions is that the applicability of the ADA does not hinge on the alleged
transgressor’s receipt of federal financial assistance. Be eliminating money, the ADA
expands its scope for which federal law prohibits discrimination.
The ADA affects the legal obligations of schools, as well as most public and
private entities. Title I of the ADA prohibits employment discrimination. Title II of
the ADA prohibits public entities from discriminating on the basis of disability. Title
III of the ADA prohibits disability discrimination by public accommodations, and
lists private schools, from nursery to postgraduate, as entities that qualify as public
accommodations.
A school district should ensure that it has the following procedures:
. a collective notice that designates the 504/ADA Coordinator
. a disability related grievance procedure
. an eligibility form and process
. a procedural safeguards notice customized to 504/ADA
. an accommodations form(s) and process
The most important factor to a balanced approach to avoid under – and over –
diagnosis is an eligibility process that adheres to the definition of a disability. The
Supreme Court and the lower courts continue to apply the context of
elementary/secondary education as a major life activity which must be relatively
global or of central importance to daily life.
The primary issue for schools in applying section 504 is to determine
eligibility for those not eligible under IDEIA (2004). Offering a 504 plan as a
consolation prize is an error which does not conform to courts’ interpretations of
recent years. Section 504 should be based on global learning, not giving weight to
any sub area, e.g., spelling, handwriting.
Section 504 legislation and related sections of the Rehabilitation Act
504 Legislation has two components: (1) part of the Rehabilitation Act of 1973 and
(2) the definitions in the Americans with Disabilities Act (ADA) of 1990. The
companion Section 505 incorporates the provisions of the Civil Rights Act of 1964
and provides authority for courts to award money.
47

Section 504 Regulations
A physical or mental impairment means (a) 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,
cardiovascular, digestive, urinary, hemic and lymphatic, skin and endocrine or (b) any
mental or psychological disorder such as mental retardation, organic brain syndrome,
emotional or mental illness and specific learning disabilities.
� major life activities means functions such as caring for one’s self,
performing manual tasks, walking, seeing, hearing, speaking,
breathing, learning or working
� has a record of such an impairment means has a history of, or has
been misclassified as having, a mental or physical impairment that
substantially limits one or more major life activities
� or is regarded as having an impairment means has a physical or
mental impairment that does not substantially limit major life
activities but is treated by a recipient as constituting a limitation, i.e.,
the attitude of others toward an impairment or is treated as having
such an impairment
� substantially limits requires an important and material limitation
Examples: running is not a major life activity with the meaning of section 504
The ability to control one’s behavior may be a major life activity under section 504
� a medication prescription mentioning ADD/ADHD is insufficient to constitute
a record of impairment qualifying for section 504
� a student with ADD/ADHD who is performing well, does not have an
impairment that substantially limits major life activities
� a student who has asthma, asthmatic bronchitis, diabetes, encopresis, and/or
juvenile rheumatoid arthritis may be covered by section 504
� students with drug addiction or alcoholism are entitled to evaluation for
possible coverage with section 504
� a student’s speech impediment is not substantially limiting, as evidenced by
his academic progress, is not entitled to section 504
� student with temporary disabilities such as broken limbs, may be covered by
section 504
� Hepatitis B carriers are covered by section 504
� student whose chronic ear condition does not substantially limit one or more
major life activities does not qualify under section 504
� students infected with HIV or having HIV related conditions, even if
� asymptomatic, are protected by section 504
� students with allergies may be covered by section 504, except allergies
affecting only behavior as opposed to health is not protected by section 504
� concentration is not a major life activity child with allergic reaction to peanutladen
foods is not covered in section 504
� claim of a pregnant high school student that morning sickness substantially
limits attendance may be covered under section 504
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� autoimmune disease that subjects students to life threatening bleeding or
hemorrhaging is covered under section 504
Policies for determining the need to apply section 504
Orange County Public Schools will conduct an evaluation in accordance with
requirements for students, whose needs or believed needs are under suspicion of a
disability, necessitating specialized educational services. This evaluation will be
administered and completed prior to taking any action with respect to initial
placement and/or any subsequent significant change in placement.
The evaluation will consist of, at minimum, an achievement assessment to determine
current functioning and a psychological assessment to determine potential for school
work. These assessments have been validated for the specific purpose for which they
are used and are administered by trained personnel in accordance with the producer’s
instructions. Tests are selected and administered so as to best ensure that a student
with impaired sensory, manual or speaking skills accurately reflect the student’s
aptitude or achievement level. These tests are tailored to assess specific areas of need
and not merely those which are designed to provide a single general intelligence
quotient.
Evaluations may include components other than achievement and psychological
assessments. Examples are, hearing screens, observations, social/cultural histories,
speech and/or language evaluations, teacher narratives, medical information, adaptive
behavior ratings.
An eligibility meeting will be convened to interpret the evaluation data and make a
placement decision. A periodic reevaluation will be administered in accordance with
the procedure consistent with the Individuals with Disabilities Education
Improvement Act (2004) requirement.
Procedural Safeguards
Orange County Public Schools will apply a system of procedural safeguards that
includes a notice, an opportunity for the parents or guardians to examine relevant
records, an impartial hearing with an opportunity for participation and representation
by counsel, and a review procedure. Compliance with the procedural safeguards of
section 615 of the Individuals with Disabilities Education Improvement Act (2004)
meets this requirement. Section 504 does not require exhaustion of administrative
remedies, and must first be subject to administrative processes under the IDEIA
(2004). Unlike IDEIA (2004) there is no FAPE obligation after a valid student
expulsion.
Students who are determined to meet the requirements for section 504 will be offered
a formal, written plan of accommodations. Parents and students will be offered an
opportunity to give input for reasonable accommodations. This plan will be
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developed by school Guidance Counselors and/or building 504 coordinators with
parents, students, general education teachers and building administrators. This plan is
reviewed, at minimum, on an annual basis.
If a student enrolls in Orange County Public Schools with an existing, current 504
plan, that plan must be implemented in Orange County. There is not an exclusionary
clause by state, i.e., section 504 is federally mandated and the plan must be honored
regardless of state of origin.
Steps along the decision making process:
� a Child Study should be convened AQAP
� a Child Study must be convened within 10 days of a parent request
� the Child Study team will review all academic data and determine if an
evaluation is needed
� if an evaluation is needed, a Prior Notice Consent form will be completed,
indicating assessment components, and signed by parent/guardian
� an evaluation will be completed
� an Eligibility meeting will be scheduled to determine if the student has a
disability and/or qualifies for a formal, written 504 plan
� Prior Written Notice must be completed and sent to the parents
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MY NOTES or QUESTIONS:
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Signature Page
My signature indicates that I have read and understand the information contained
in the IEP Handbook. Please read the IEP handbook and return this signed page to
Vickie Baker at TEAC by September 30, 2012.
__________________________________ ___________________
Name Date
____________________________________
School
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