"Considerations" in Section 3-D in the IEP--How should this statement differ from the "Present Level" statement?
One does not necessarily need a statement here, but some level of documentation that the Team considered the child's needs for these areas.
After considering these areas, if the Team decides that the child has developmental, academic, and or functional needs those must be reflected in the "Present Level" section.
Are Goals and Objectives no longer needed unless a student is taking alternate assessments?
Goals are needed for ALL students. Short-term objectives are required for students taking an alternate assessment aligned with alternate achievement standards.
Are short-term objectives needed for children with learning disabilities (LD) to meet standards in standards-based schools?
Short-term objectives are needed for students that will be taking an alternate assessment based on alternate achievement standards.
Assessment Accommodations: Can CASE-E put in MEA accommodations and we check appropriate ones?
The form must not be adjusted. Many SAU's add the accommodations sheet to the IEP. If CASE-E has a way for you to choose the items then you would choose and put them on the additional accommodations sheet of the IEP.
May the IEP be printed, to be used manually? If they are only available online, their usefulness becomes limited for CDS, which holds meetings in the field.
Yes, all forms may be printed.
Could you clarify what functional performance and functional goals might be for students who are not in life skills programs (e.g., students with LD)? Can you provide examples?
The definition in Chapter 101 states, "Functional performance means how the child demonstrates his/her skills and behaviors in cognition, communication, motor, adaptive, social/emotional and sensory areas.” There may be children who do not require functional goals.
Do all classroom modifications have to be listed separately in Section 8 of the IEP?
Yes, you can type in several and the space on the form will just increase.
Do all forms physically need to be part of every IEP even Summary of Performance as N/A?
No, the Summary of Performance is a separate document given to the student and not part of an IEP.
Do we have to do A, B, C and D considerations on amended IEPs?
Yes. The Federal Regulations Title for Section 300.324 is: “Development, review and revision of the IEP.”
Do we need to reference the MLR or tie goals to MLR for all children in special education or does this only apply to grades 9-12?
Goals should be tied to MLR for children 5-20 and to the Early Learning Guidelines for children 3-5.
Does CDS have a form that explains the difference between IFSP/IEP? Also a CDS Written Consent Form?
No, the MUSER articulate the required elements of an IFSP and an IEP in Section IX. There is a required state IEP form for use with children three to 20 years of age. There is a required state IFSP form as well. The state has developed a consent form to be used B-20.
For "Other Health Impairment" and "Emotional and Multiple Disabilities" – It would be helpful to include a space for specific diagnosis.
This is not a requirement of the IEP.
For 3-5 year olds do we absolutely need to include the Secondary transition section 11-12 on our IEP?
No, see the template language after Section 10 of the IEP.
Frequency is listed without intensity which CDS has on our IFSP/IEP. Do you need to add this to the IEP Section 7 and 8?
Duration of service would include the intensity of each session.
Gender was left off the cover page. We do have some students with ambiguous names and this omission may lead to a lack of accuracy in reporting on the EFS 05 and other reports.
If a school unit wants to include information outside of what is on the required form, they may add their own SAU information page.
How many goals do we need for each special education area we are teaching?
There are not specific numbers. The number of goals an IEP Team writes is whatever is needed to determine growth in the areas that are being addressed.
How specific do the goals at the high school need to be in terms of how they reflect Maine's Learning Results (MLR) standards? Could you have something like: "Student will demonstrate proficiency in MLR standards by passing his/her math/English classes"?
The State Statute states: For children in grades 9-12 the IEP shall reflect the individual goals to successfully meet the content standards of the system of Learning Results in addition to any other diploma requirements applicable to all secondary school children.
IEPs have always been accessible. How do the new regulations change this? What needs to be done?
Section IX.3.B.(4)(a) and (b) states, "Each SAU must ensure that the child’s IEP is accessible to each regular education teacher, special education teacher, related services provider and any other service provider who is responsible for its implementation and each teacher and provider described in paragraph (3)(a) a of this section 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."
If a student drops out or non-attends, are we obligated to measure goals?
No, not if the student has formally dropped out of school. Not attending and dropped out are handled differently. The SAU should attempt to discover why the student is not attending and convene an IEP team meeting to consider whether the student's placement and programming are appropriate. Be sure that the school has completed its obligation regarding the truancy statute in order to try to get the student to attend.
Please read 20-A MRSA § 5001-A.2.B. about the exceptions to compulsory attendance.
(Revised September 2010)
If the classroom modification is not needed every time, how do you write the frequency?
If the team determines that the modification is appropriate on an "as needed basis" then that is the determination of need for this supplemental aid, accommodation, and/or modification.
If the student's IEP goal plans are to stay in school until 20, does the transition plan still begin at 9th grade - does it continue for 3 or 4 years?
Per MUSER IX.3.A.(1)(h) beginning no later than 9th grade, the IEP will start the transition plan, and it will be updated annually thereafter and continue until the child either ages out or receives a regular high school diploma.
(Revised September 2010)
If there are consultants from Baxter Outreach who provide consult services to SAU's, where should they be listed on the IEP? (Special education services? Related services? Supplemental Services?)
A related service assists the student to benefit from their special education service. Supplementary Services are supports that are provided in regular education classes and other education-related settings to enable them to participate to the maximum extent possible in the general curriculum with nondisabled peers. These two definitions need to be considered when determining what are the requirements of the outreach service.
If there is an area that does not need to be addressed on the transition plan, how is that indicated on the Plan?
State "NA" if a service is not needed.
In the frequency of services on the IEP, may an SAU use "as determined by teacher and student"?
In reference to program modifications, yes. If in reference to special education and/or related service, no.
In the IEP #7, page 5, there is no block for pay source. CDS needs that.
An additional sheet for the CDS prototype of the IEP includes the payment source.
In the IEP Form: To what does the statement at the top of page 9 relate? Is it misplaced or a part of the previous page?
No, it is just continued language describing the transition requirements.
In the IEP why is secondary transition listed last? It needs to be considered BEFORE Goals and Objectives.
The order of construction is the order as listed in the federal regulations.
In the IEP, "Considerations C." - is it ok to just reference evaluations completed? "D." - is this a repeat of present levels?
In the present level, you are listing the present level of the areas that the team has decided to address through the goals. For the consideration of the results of the initial or most recent evaluations, one might write strengths and weaknesses also.
In the IEP, Section 2, Developmental Delay - may we use this in Kindergarten?
Yes, if your SAU allows it. Please reference Section VII.D. of the MUSER for the definition and time line for Developmental Delay.
Is PT and/or OT or social work, etc. considered a related service or special education service?
They are related services for children aged 3-20.
Modifications -- where would we place each class or mainstream for extended time on test?
Section 8 of the IEP.
On the IEP - for grades 9-12 -- do you develop goals for the subjects/curriculum that is taught in special education or for all areas of the content standards?
Goals are written to improve the area(s) of need determined in the Present Level.
On the IEP are items 1, 2, 3 and 4 in Section 5 only for use in Kindergarten transition?
On the new IEP, section 7, could "specially designed instruction" somehow say “in Math, in English, Science”, etc., so we can know in what content area the instruction is when looking at this question?
Math is not specially designed instruction in and of itself. The present level and goals should define the area of need. If the IEP team wishes to articulate the specially designed instruction in a content area, it may do so.
Post-Secondary goals - define? What are post-secondary goals?
The post-secondary goals are goals that the child will achieve after the child graduates from high school with a regular education diploma or ages out.
Question on Section 8 in the IEP - in the past, only special education services and special education staff are reflected on the IEP but accommodations are often required of regular education teachers such as those who provide a copy of notes or extended time for home work.
These needs would be written in Section 8. The language is federal language which does not include definitions for accommodations and modifications. Even though we are using federal language, this is the section for listing the accommodations and modifications for which the classroom teachers are responsible.
Related services require goals - Does that mean we will need a transportation goal if children receive this support service?
Transportation is a related service and therefore needs goals if the IEP Team determines that the child needs improvements with some aspect of transportation. Just transporting a student to and from school without a need for the student to learn or improve a skill would not require goals in the IEP.
Short-Term Objectives - Do related services providers have responsibility for these for students who take the PAAP?
The related service personnel are responsible for the content in the IEP that reflects their services.
Short-term objectives appear to be for children who will be given an alternate assessment. Where are academic goals/objectives written for students with Intellectual Disability who are not taking alternate assessment and between grades 1-12?
IEP short-term objectives are only required for those students who are taking alternate assessment based on alternate achievement standards. If local policy allows, the IEP team could add objectives for children who do not take alternate assessment based on alternate aschievement standards.
IEP Goals are required for all students with disabilities and must be listed in Section 5 of the IEP.
Since we need to write measurable goals, do the transition post-secondary goals need to be written in measurable terms seeing as we don't need to measure?
Measurable Post-Secondary Goals (See Section 11 of the State Required IEP) are the post-secondary goals that the student will attempt to achieve after graduation. The U.S. Office of Special Education Programs requires each state to develop a method of collecting data to see if students with disabilities, after graduating from high school, actually achieve their post-secondary goals. While the school unit is not required to do the measurement, the intent behind the transition components of the IEP is to ensure that the IEP Team develops measurable post-secondary goals and implements the student's transition plan while the student is in public secondary school.
The lack of reference to a case manager will lead to potential confusion at the local level and make long-term tracking very difficult.
Case management is listed as a related service in MUSER Section XI and would be put in Section 7 of the IEP.
There is no place to report classroom-based accommodations. Is this information no longer needed?
Section 8 of the State IEP is where classroom-based accommodations are recorded.
There is no place to report classroom-based accommodations. Is this information no longer needed?
Section 8 of the State IEP is where classroom-based accommodations are recorded.
There is no specific place to report state and local assessment. Is this information no longer needed?
The federal regulations no longer require this. In Section 3-D of the IEP, the consideration of academic, developmental and functional need is the area in the IEP where the team could state needed information on state and local assessment results.
What does "Location of need in IEP" mean on page 2 of the IEP form?
When checking the box for a needed consideration, the location of need must reflect where this need is addressed in the content of the IEP, such as the page number or section.
Where in the IEP would the SAU write classroom modifications?
Accommodations and Modifications are written in Section 8 of the IEP.
Why doesn't the IEP cover page include the type of meeting?
It is on the Written Notice and the Advance Written Notice of IEP/IFSP Team Meeting.
Why is "peer-reviewed research" referenced in #8 but not #7?
Sections 7 and 8 of the IEP are meant to be read as one continuous statement.
Why isn't assistive technology listed as a related service for children 3-5?
If assistive technology is needed as a service, the IEP team would address this in Section 7 of the IEP. If the child needs an assistive technology device, the IEP team would address this in Section 8 of the IEP.
Will we have to include pages 8, 9, and 10 for students 3 years of age through 9th grade?
After Section 10, the IEP states: "If the child's IEP does not require Section 11, 'Secondary Transition', and Section 12, 'Age of Majority', this will be the last page of the IEP."
Would it be possible for Adori to develop the forms in portrait format as opposed to landscape?
The IEP must remain in landscape format.
If rubrics or charts are mentioned in the goals as a way to measure the goal, do they need to be attached?
The rubric or the chart should be utilized by the service provider if the team has determined that the rubric or chart is the means to record progress. The rubric or chart would be in the service provider’s file and readily available to the team.
Where on the IEP do you put an educational technician service that is provided in the general environment for part or all of the day?
That would be put in Section 8 of the IEP.
Head Start has a home-based program. Can that be considered as an educational setting to a child 3-5 years of age? Also, would the SAU document reasons in Section 9 of the IEP?
A home-based Head Start setting for a 3-5 year old is considered a home placement and would be a restrictive setting on the least restrictive environment continuum as stated at MUSER §X.2.C(1)(c).
A center-based Head Start program is considered an inclusive early childhood program as long as it includes at least 50% non-disabled children and is a less restrictive a setting than the home for this age range.
IEP Section 12- “Date child was informed of transfer of rights?” May the SAU write in the projected date that this will be done?
If the child has not been informed yet, then the projected date would be written here. If the meeting occurs subsequent to informing the student, then the date on which the student is informed would be recorded.
On IEP- “Parent Information” – Shall the SAU merely put names or must the SAU also put addresses?
Minimally, the parent’s name must be on the form.
When Social Work Services are listed in Related Services, are social workers responsible for generating goals for the IEP?
The team must assure that goals are generated first; then the team determines the special education and related services required to address the goals. The related service personnel do not develop goals on their own; however, their input to the development of the goals in the area of their expertise is very important.
If a student with disabilities who has always taken alternate assessments is a 12th grader, do short-term objectives still need to be used, “…a description of benchmarks or short-term objectives (grades 3-11)”?
Short-term objectives are required in the year that the child is being assessed by the PAAP in grades 3-8 and grade 11. A SAU may choose to develop short-term objectives in the year in which the child is not taking the PAAP. [Please see the U.S. Department of Education, Office of Special Education and Rehabilitative Services letter to Pat Kelly, August 24, 2007].
Please clarify Section 7: Speech and language in special education services vs. speech and language as a related service.
When the speech-language disability is the child’s sole or primary disability, the child is eligible for speech and language services as special education instruction. When it accompanies some other disability and the child needs speech and language services to benefit from special designed instruction to address that disability, then the child would receive those services as a related service.
Consultation under service- when does a SAU use this?
See MUSER §X.1.B.(1) and X.2.A(1).
Consideration of special factors, Section H. Does the full range of needs opportunities for direct instruction mean in the child’s language of comprehension ? Does that mean the SAU must provide an interpreter for
If the child is limited English proficient, and a child with a disability, the team must consider whether an interpreter is required.
Part D- Must the SAU check “needed” if the technology used by the child is technology provided to all students, i.e., calculators, access to computers?
For clarity, must the SAU include a short-term objective page if the child does not take a PAAP?
No, not unless the SAU has made a policy in which it has chosen to develop short-term objectives for all children identified under MUSER.
May a SAU extend an annual review if it cannot meet before the date on which a transfer student moves in and the group wants some time to access the student before the SAU assess annual goals, like 3 weeks?
SAUs are not allowed to extend an annual review date. Please refer to MUSER §IX.3.B.(5)(a)(i) and (ii); it addresses the topic of IEP’s for children who transfer SAUs.
Functional performance- Does this cover performance away from school/classroom? Example: transitions: home-to-school peer relationships; athletics; cafeteria (see Item 8)
The MUSER has a definition of “functional performance” at §II.16.
Form Headings: “SAU/SCHOOL/Grade or CDS Placement: Please describe how out-of-unit placement should be listed: e.g., RSU #13/Sweetser SchoolBelfast? What about state agency clients at residential placements?
The sending SAU must be listed at the top of the first page of the form. The SAU may decide whether to put the name of the out-of-unit placement in the section for “School”.
Section 3, Part H Question “Communication”-Speech/Language consults with all teachers in our program (KidsPeace) on curriculum, instruction, literacy, and impacts all students even students who are not identified as speech/language. Does our special purpose private school need to cite this in the IEP?
If the service is for all children, then the service is part of the general curriculum and would not be on an IEP. If the team determines that a specific eligible child needs consultation, then the team would reflect the consultation on that child’s IEP.
How often must the SAU measure progress, 3-4 times per year?
The IEP Team decides on the frequency of IEP progress reports per MUSER §IX.3.A.(1)(c).
If the IEP Team meets on a date significantly earlier than the annual review date and fully reviews the IEP, does the IEP that results from that meeting still retain the original annual review date?
There is a distinction between a meeting to amend the IEP and a meeting to review the IEP. If the meeting is to discuss only one or more elements of the IEP, but not a full review of the entire IEP, then any changes that result are amendments and the annual review date stays the same. If, on the other hand, the meeting involves a full review of the entire IEP, then the IEP Team may determine that the IEP that results from the meeting gets a new effective date and annual review date.
For a student who has a behavior intervention plan ("BIP"), must the plan document be attached to the student's IEP?
The Student's IEP must indicate provision of a BIP as a supplementary aid in Section 8, which in turn should be referenced in Section 3.E. It is not required, however, that the BIP be attached to the IEP. Doing so arguably makes the BIP a part of the IEP, therefore requiring an IEP Team meeting before changes can be made. Such a requirement would conflict with the nature of the BIP as generally a fluid document, subject to revision on an ongoing basis as the staff learns more about what works and doesn't work for the student or as the student's behavior or modifications change.