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DEVELOPMENT, REVIEW, AND REVISION OF INDIVIDUALIZED EDUCATION PROGRAM (IEP)

Development, Review, and Revision of the Individualized Education Program (IEP) Development, Review, and Revision of the Individualized Education Program (IEP) Forms: Parent Notice of Meeting – SE7A IEP Committee Meeting Notice – SE7B Student Invitation to Meeting – SE7C IEP Meeting Attendance/Excusal – SE7D Parent Prior Written Notice of Proposed/Refused Action - SE3 Parental Consent for Services – SE9A Individualized Education Program (IEP) – SE8 Timeline: Initial IEP: Within 30 calendar days of the determination of eligibility

Annual IEP: On or before anniversary date of previous IEP

NOTE: IEPs must be in effect at the beginning of each year

Responsible Person: Principal or Designee

PROCEDURES: (Unless indicated, the procedures are the same for the Annual Review meeting.) Scheduling and Parent Notification Step 1: Initial IEP Meeting: Principal contacts parent to schedule IEP meeting at a date, time, and location that is convenient for the parents. If this is an initial IEP meeting and it is to be held immediately after the eligibility meeting, the principal informs the parent and agreed upon when scheduling the eligibility meeting. If the parent agrees, the appropriate section of the form must be checked on the notice prior to sending out notice for eligibility meeting.

After mutually agreeing on a date, time, and location, principal sends home Parent Notice of Meeting and Student Invitation to Meeting (if appropriate such as for discussion of transition and at age of majority) form.

IEP Review: The principal must schedule the meeting on/or before the anniversary date of the previous IEP. Principal contacts parent to schedule IEP meeting at a date, time, and location that is convenient for the parents. After mutually agreeing on a date, time, and

location, principal sends home Parent Notice of Meeting and Student Invitation to Meeting (if appropriate such as for discussion of transition and at age of majority) form. Parent Notification Requirement: The principal must take steps to ensure that one or both of the parents of a child with a disability are present at each IEP Team meeting or are afforded the opportunity to participate, including:

• Notifying parents of the meeting early enough to ensure that they will have an opportunity to attend; and
• Scheduling the meeting at a mutually agreed on time and place. Information provided to parents: The parent notice of the meeting must:
• Indicate the purpose, time, and location of the meeting and who will be in attendance; and
• Inform the parents of the provisions relating to the participation of other individuals on the IEP Team who have knowledge or special expertise about the child.
• For a child with a disability beginning not later than the first IEP to be in effect when the child turns 16, or younger if determined appropriate by the IEP Team, the notice also must:
• Indicate:
• That a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the child; and
• That the school will invite the child; and
• Identify any other agency that will be invited to send a representative and obtain consent for the agency to attend the meeting.

Purpose is Transition If the child is 15 and will be turning 16 during this IEP period, transition must be discussed and the child must be invited to attend as well as any agency responsible for paying for and/or providing transition services. Principal provides child with the Student Invitation to Meeting form.

Other methods to ensure parent participation: If neither parent can attend an IEP Team meeting, the school must use other methods to ensure parent participation, including individual or conference telephone calls.

Step 2: Principal notifies IEP Team committee members of the scheduled IEP meeting by sending out the Individualized Education Program (IEP) Committee Meeting Notice.

The IEP Team committee must include at a minimum the following participants:

• The parents of the child;

• Not less than one regular education teacher of the child (if the child is, or may be, participating in the regular education environment);

• A regular education teacher of a child with a disability, as a member of the IEP Team, must, to the extent appropriate, participate in the development of the IEP of the child, including the determination of:

• Appropriate positive behavioral interventions and supports and other strategies for the child; and

• Supplementary aids and services, program modifications, and support for school personnel.

• Must participate in the review and revision of the IEP of the child.

• Not less than one special education teacher of the child, or where appropriate, not less than one special education provider (e.g. related services provider of the child;

• A representative of the Ministry of Education who:

• Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities;

• Is knowledgeable about the general education curriculum; and

• Is knowledgeable about the availability of resources of the Ministry of Education. Note: In Palau, this would mean a school administrator (e.g. the Principal or designee) or the Special Education administrator.

• An individual who can interpret the instructional implications of evaluation results, who may be a member of the team;

• At the discretion of the parent or the MOE, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate (The determination of the knowledge or special expertise of any individual described in this section must be made by the party [parents or school] who invited the individual to be a member of the IEP Team). NOTE: The MOE must notify parents of any individual that they are inviting to the meeting. The parent is not required to inform the school if they are bringing someone to the meeting.

• Whenever appropriate, or upon reaching the age of majority, or whenever the purpose of the meeting will be the consideration of the postsecondary goals for the child and the transition services needed to assist the child in reaching those goals, the child with a disability; NOTE: If the child does not attend the IEP Team meeting, the school must take other steps to ensure that the child's preferences and interests are considered; and

• Transition Services Participants: If transition is being discussed and to the extent appropriate, a representative of any participating agency that is likely to be responsible for providing or paying for transition services must be invited, with the consent of the parents or a child who has reached the age of majority. IEP Team Member attendance FOR EXTENUATING CIRCUMSTANCES ONLY! A member of the IEP Team described above is not required to attend an IEP Team meeting, in whole or in part, if the parent of a child with a disability and the MOE agree, in writing, that the attendance of the member is not necessary because the member's area of the curriculum or related services is not being modified or discussed in the meeting. Complete Part A of IEP Meeting Attendance/Excusal form.

IEP Team Member Excusal FOR EXTENUATING CIRCUMSTANCES ONLY! A member of the IEP Team described above may be excused from attending an IEP Team meeting, in whole or in part, when the meeting involves a modification to or discussion of the member's area of the curriculum or related services, if:

• The parent, in writing, and the MOE consent to the excusal; and
• The member submits, in writing to the parent and the IEP Team, input into the development of the IEP prior to the meeting. Complete Part B of the IEP Meeting Attendance/Excusal Form. Conducting an IEP Team meeting without a parent in attendance A meeting may be conducted without a parent in attendance if the school is unable to convince the parents that they should attend. In this case, the school must keep a record of its attempts to arrange a mutually agreed on time and place, such as:
• Detailed records of telephone calls made or attempted and the results of those calls;
• Copies of correspondence sent to the parents and any responses received; and
• Detailed records of visits made to the parent's home or place of employment and the results of those visits.

Use of interpreters or other action, as appropriate: The school must take whatever action is necessary to ensure that the parent understands the proceedings of the IEP Team meeting, including arranging for an interpreter for parents with deafness or whose native language is other than English. Step 3: The principal or designee confirms attendance at the IEP meeting with the parents and the committee members. The principal ensures that the parents will understand the proceedings. If an interpreter is needed, the principal ensures that one is available for the duration of the meeting. The principal ensures that the teachers and other service providers are prepared with appropriate reports.

Step 4:

Development of the IEP In developing each child's IEP, the IEP Team must consider;

• The strengths of the child;

• The concerns of the parents for enhancing the education of their child;

• The results of the initial or most recent evaluation of the child; and

• The academic, developmental, and functional needs of the child. The principal or designee facilitates the IEP meeting by discussing the IEP components and completes the documentation on the IEP:

• Postsecondary goals (if age appropriate as determined by IEP Team):

When the child turns 16 years of age (or younger if appropriate) or if the child will be 16 during the IEP in effect, and updated annually, the IEP Team must determine appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills. All other sections of the IEP should be driven by the postsecondary goals. Example: Postsecondary goal for Employment: Student will be employed as an Office Technician.

• A statement of the child's present levels of academic achievement and functional performance, including:
• How the child's disability affects the child's involvement and progress in the general education curriculum (i.e., the same curriculum as for nondisabled children); or
• For preschool children, as appropriate, how the disability affects the child's participation in appropriate activities;
• The IEP team must consider:
• The strengths of the child;
• The concerns of the parents for enhancing the education of their child;
• The results of the initial or most recent evaluation of the child; and
• The academic, developmental, and functional needs of the child. Example: Academic achievement present levels in reading: Child is able to comprehend reading materials on the 4th grade level (Reading Comprehension). Functional Performance: Child does not participate in nonacademic activities such as lunch, assemblies, and field trips. Annual Reviews: In addition to the above, the annual IEP review must also address:
• Any lack of expected progress toward the annual goals, and in the general education curriculum, if appropriate;
• The results of any reevaluation;
• Information about the child provided to, or by, the parents;
• The child's anticipated needs; or
• Other matters.
• A statement of measurable annual goals, including academic and functional goals designed to:
• Meet the child's needs that result from the child's disability to enable the child to be involved in and make progress in the general education curriculum; and
• Meet each of the child's other educational needs that result from the child's disability;
• For children with disabilities who take alternate assessments aligned to alternate achievement standards, a description of short-term objectives.

Example: Measurable annual goal - Child will decode and comprehend 6th grade reading materials as measured by the Wechsler Individual Achievement test (WIAT). Example: Measurable functional goal: Child will participate with age-peers 100% of the time in nonacademic activities such as lunch, field trips, and assemblies.

• A description of:

• How the child's progress toward meeting the annual goals will be measured; and

• When periodic reports on the progress the child is making toward meeting the annual goals (such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards) will be provided; Example: Child’s progress will be measured by informal and formal assessment tools. Reports on the progress will be provided at least quarterly with the report card.

• A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided to enable the child:

• To advance appropriately toward attaining the annual goals;

• To be involved in and make progress in the general education curriculum, and to participate in extracurricular and other nonacademic activities; and

• To be educated and participate with other children with disabilities and nondisabled children in extracurricular and other nonacademic academic activities. Examples: Special education: Individualized reading instruction 5xweek for 45 minutes. Related Services: Speech therapy 2xweek for 30 minutes each session Supplementary aids and services: Tutoring a minimum of 30 minutes to review social studies and science content. Program modifications: Taped readings for social students and science subject areas. Supports for school personnel: Consulting services 1xweek for 30 minutes to support the teacher in modifying instruction for the child with a specific learning disability.

• An explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in extracurricular and other nonacademic activities. Example: Child will not participate English class as his needs require intensive instruction in a small group setting.

• A statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on Palau district wide assessments consistent; and if the IEP Team determines that the child must take an alternate assessment instead of the Palau district wide assessment of student achievement, a statement of why:

• The child cannot participate in the regular assessment; and

• The particular alternate assessment selected is appropriate for the child.

• The projected date for the beginning of the services and modifications, and the anticipated frequency, location, and duration of those services and modifications.

• The transition services (including courses of study) needed to assist the child in reaching the postsecondary goals. Complete section on IEP on Postsecondary Goals and Transition Courses of Study/Transition services. Participating agency failure: If a participating agency, other than the MOE, fails to provide the transition services described in the IEP, the school must reconvene the IEP Team to identify alternative strategies to meet the transition objectives for the child set out in the IEP.

Nothing in Part B of the IDEA relieves any participating agency, including a State vocational rehabilitation agency, of the responsibility to provide or pay for any transition service that the agency would otherwise provide to children with disabilities who meet the eligibility criteria of that agency.

• Consideration of special factors. The IEP Team must consider the following:

• Behavior: In the case of a child whose behavior impedes the child's learning or that of others, consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior; conduct a functional behavior assessment and develop a Positive Behavior Support Plan if appropriate or revise one if one has already been developed.

• Limited English Proficiency: In the case of a child with limited English proficiency, consider the language needs of the child as those needs relate to the child's IEP.

• Blind or Visually Impaired: In the case of a child who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless the IEP Team determines, after an evaluation of the child's reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the child's future needs for instruction in Braille or the use of Braille), that instruction in Braille or the use of Braille is not appropriate for the child.

• Communication: Consider the communication needs of the child, and in the case of a child who is deaf or hard of hearing, consider the child's language and communication needs, opportunities for direct communications with peers and professional personnel in the child's language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child's language and communication mode.

• Assistive Technology: Consider whether the child needs assistive technology devices and services. Determine what functional skills the child is not able to make progress in the academic and/or functional areas and determine whether the child needs an assistive technology device and/or service in order to make progress.

• Transfer of rights at age of majority

• Beginning not later than one year before the child reaches the age of majority under Palau law, the IEP must include a statement that the child and the parents have been informed of the child's rights under Part B of the IDEA, if any, that will transfer to the child on reaching the age of majority.

• The exception is for a child with a disability who has been determined to be incompetent under Palau law.

• All rights accorded to parents under Part B of the IDEA transfer to children who are incarcerated in an adult or juvenile, Palau correctional institution.

• Whenever Palau provides for the transfer of rights under Part B of IDEA, the MOE notifies the child and the parents of the transfer of rights.

Special Rule Upon reaching the age of majority for some children, the Special Education office appoints the parent of the child with a disability, or, if the parent is not available, another appropriate individual, to represent the educational interests of the child throughout the period of the child's eligibility under Part B of the IDEA if, under Palau law, a child who has reached the age of majority, but has not been determined to be incompetent, can be determined not to have the ability to provide informed consent with respect to the child's educational program.

• Extended School Year Services The term extended school year services means special education and related services that:

• Are provided to a child with a disability:

• Beyond the normal school year of the MOE;

• In accordance with the child's IEP; and

• At no cost to the parents of the child; and

• Meet the standards of the MOE.

• The MOE must ensure that extended school year services are available as necessary to provide FAPE, consistent with the requirements below.

• Extended school year services must be provided only if a child's IEP Team determines, on an individual basis, that the services are necessary for the provision of FAPE to the child.

• In implementing the requirements of this section, the MOE may not:

• Limit extended school year services to particular categories of disability; or

• Unilaterally limit the type, amount, or duration of those services.

• Nonacademic Services

• The MOE must take steps, including the provision of supplementary aids and services determined appropriate and necessary by the child's IEP Team, to provide nonacademic and extracurricular services and activities in the manner necessary to afford children with disabilities an equal opportunity for participation in those services and activities.

• Nonacademic and extracurricular services and activities may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the MOE, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by the MOE and assistance in making outside employment available.

• Physical Education Physical education services, specially designed if necessary, must be made available to every child with a disability receiving FAPE, unless the MOE enrolls children without disabilities and does not provide physical education to children without disabilities in the same grades. Regular physical education Each child with a disability must be afforded the opportunity to participate in the regular physical education program available to nondisabled children unless:

• The child is enrolled full time in a separate facility; or

• The child needs specially designed physical education, as prescribed in the child's IEP. Special physical education If specially designed physical education is prescribed in a child's IEP, the public agency responsible for the education of that child must provide the services directly or make arrangements for those services to be provided through other public or private programs.

Education in separate facilities

The MOE responsible for the education of a child with a disability who is enrolled in a separate facility must ensure that the child receives appropriate physical education services in compliance with this section.

• Program Options In developing the IEP, the school must take steps to ensure that its children with disabilities have available to them the variety of educational programs and services available to nondisabled children in the area served by the MOE, including art, music, industrial arts, consumer and homemaking education, and vocational education Step 6: Initial IEP: If this is an initial IEP, the principal must obtain parental consent for initial provision of special education and related services.

Parent Consent for Services:

• The principal must obtain informed consent from the parent of the child before the initial provision of special education and related services to the child.
• The principal must make reasonable efforts to obtain informed consent from the parent for the initial provision of special education and related services to the child.
• If the parent of a child fails to respond to a request for, or refuses to consent to, the initial provision of special education and related services, the school:
• May not use the mediation procedures or the due process procedures in order to obtain agreement or a ruling that the services may be provided to the child;
• Will not be considered to be in violation of the requirement to make available FAPE to the child for the failure to provide the child with the special education and related services for which the school requests consent; and
• Is not required to convene an IEP Team meeting or develop an IEP for the child for the special education and related services for which the MOE requests such consent. This is not applicable as the MOE will obtain consent after the development of the IEP. If the parent refuses to give consent for the provision of special education and related services, the principal obtains signature of committee members, terminates the referral and submits copies of documents to the parents and the special education office.

Annual Review: Parent consent is not required for continued provision of special education and related services. Parent signature is a documentation of attendance and not consent for provision of special education and related services.

Step 7:

The principal obtains signatures from the IEP committee members. The signature is documentation of attendance. Upon completion of the IEP, the principal or designee must:

• Provide the parent (s) with a copy of the IEP;
• Ensure the child's IEP is accessible to each general education teacher, special education teacher, related services provider, and any other service provider who is responsible for its implementation; and each teacher and provider is informed of:
• His or her specific responsibilities related to implementing the child's IEP; and
• The specific accommodations, modifications, and supports that must be provided for the child in accordance with the IEP; and,
• Ensure as soon as possible following development of the IEP, the special education and related services are made available to the child in accordance with the child's IEP.

Step 8: The principal files original copy in school files and gives a copy to the SPED office. The school must ensure that there is no delay in implementing a child’s IEP, including any case in which the payment source for providing or paying for special education and related services to the child is being determined.

Revocation of Consent:

• If, at any time subsequent to the initial provision of special education and related services, the parent of a child revokes consent in writing for the continued provision of special education and related services, the school:
• May not continue to provide special education and related services to the child, but must provide prior written notice in before ceasing the provision of special education and related services;
• May not use the mediation procedures or the due process procedures in order to obtain agreement or a ruling that the services may be provided to the child;
• Will not be considered to be in violation of the requirement to make available FAPE to the child for the failure to provide the child with the special education and related services for which the public agency requests consent.
• Complete Revocation of Consent for Provision of Special Education and Related Services form. Changes to the IEP
• In making changes to a child's IEP after the annual IEP Team meeting for a school year, the parent of a child with a disability and the school may agree not to convene an IEP Team meeting for the purposes of making those changes, and instead may develop a written document to amend or modify the child's current IEP. The principal obtains parent signature on Amendment to IEP form and documents the changes on this form.
• If changes are made to the child's IEP in accordance with this section, the school must ensure that the child's IEP Team is informed of those changes.

Amendments to the IEP

• Changes to the IEP may be made by either the entire IEP Team at an IEP meeting, or as provided in the previous paragraph of this section, by amending the IEP rather than by redrafting the entire IEP. If a parent does not agree, the principal must schedule an IEP meeting. If the parent is in agreement, the principal obtains parent signature on Amendment to IEP form, signs the form and documents the changes on this form. Upon request, a parent must be provided a revised copy of the IEP with the amendments incorporated. Consolidation of IEP Team meetings To the extent possible, the school must encourage the consolidation of reevaluation meetings for the child and other IEP team meetings for the child.

IEPs for children who transfer from one school in Palau to another If a child with a disability transfers from one public school to another in Palau, the new school must adopt the IEP from the previous school unless the new school, in consultation with parents feels that it is necessary to conduct an IEP review.

IEPs for children who transfer from another island or from a U.S. State If a child with a disability (who had an IEP that was in effect in a previous school system in another island or a U.S. State) transfers to and enrolls in a new school within the same school year in Palau, the new school (in consultation with the parents) must provide the child with FAPE (including services comparable to those described in the child's IEP from the previous school system), until the new school:

• Conducts an evaluation (if determined to be necessary by the new school); and
• Develops, adopts, and implements a new IEP, if appropriate, that meets the applicable requirements in Part B of IDEA. Transmittal of records To facilitate the transition for a child described in previous section:
• The new school in which the child enrolls must take reasonable steps to promptly obtain the child's records, including the IEP and supporting documents and any other records relating to the provision of special education or related services to the child, from the previous school in which the child was enrolled; and
• The previous school in which the child was enrolled must take reasonable steps to promptly respond to the request from the new school.

Children with disabilities in adult prisons:

• Requirements that do not apply. The following requirements do not apply to children with disabilities who are convicted as adults under Palau law and incarcerated in adult prisons:

• The requirements relating to participation of children with disabilities in general assessments.

• The requirements relating to transition planning and transition services do not apply with respect to the children whose eligibility under Part B of the IDEA will end, because of their age, before they will be eligible to be released from prison based on consideration of their sentence and eligibility for early release.

• Modifications of IEP or placement.

• Subject to the above paragraph in this section, the IEP Team of a child with a disability who is convicted as an adult under Palau law and incarcerated in an adult prison may modify the child's IEP or placement if the MOE has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated.

• The requirements relating to IEPs and LRE, do not apply with respect to the modifications described above.

Private school placements by the MOE:

• Developing IEPs.
• Before the MOE places a child with a disability in, or refers a child to, a private school or facility, the MOE must initiate and conduct a meeting to develop an IEP for the child.
• The MOE must ensure that a representative of the private school or facility attends the meeting. If the representative cannot attend, the MOE must use other methods to ensure participation by the private school or facility, including individual or conference telephone calls.
• Reviewing and revising IEPs.
• After a child with a disability enters a private school or facility, any meetings to review and revise the child's IEP may be initiated and conducted by the private school or facility at the discretion of the MOE.
• If the private school or facility initiates and conducts these meetings, the MOE must ensure that the parents and an MOE representative:
• Are involved in any decision about the child's IEP; and
• Agree to any proposed changes in the IEP before those changes are implemented.
• Responsibility
• Even if a private school or facility implements a child's IEP, responsibility for compliance with this part remains with the MOE.