IEP Archives - Special Education Spotlight

New Student? New Rules

Kendra Yoch, Taylor Montgomery,

August 28, 2023

When a student transfers to the district during the school year with an IEP, the IDEA provides rules for providing services to the student. If a student moves during the summer, the IDEA is silent, other than the general rule that an IEP must be in effect for all eligible students on the first day of school. The Texas regulations provide timelines to adopt or create a new IEP for transfer students, and revised regulations in effect starting this school year provide additional details and shorten some of those timelines. The requirements can seem a bit confusing because they vary depending on whether the student is transferring intrastate or interstate and during the school year or summer. We have summarized the requirements for you in the chart below.

New Accelerated Instruction Requirements Call for Changes to Policies & Procedures for 2023-2024

Taylor Montgomery, Aluwet Deng,

August 4, 2023

in: Legislation, Operating Procedures

In the wake of the pandemic, House Bill 4545 left school districts scrambling to figure out how to address learning loss for all students, including students with disabilities, through accelerated instruction. School districts were cautiously optimistic that the most recent legislative session would ease many of the burdens of House Bill 4545. In June 2023, the Texas Legislature passed House Bill 1416—otherwise known as the House Bill 4545 ‘Clean-Up Bill—which introduces new changes to the accelerated education environment. While House Bill 1416 narrows some requirements for school districts, it broadens others.

Don’t You Forget About Me: OSEP Policy Letter Sheds Light on Rights of Students Who Have Graduated

Taylor Montgomery,

April 17, 2023

in: Operating Procedures

Phew! It’s the day after graduation, and your school district is finally off the hook for a potential state complaint you have been fearing the legal guardian of a student with disabilities would file against the district for months. Not so fast! On March 30, 2023, the Office of Special Education Programs (OSEP) (part of the U.S. Department of Education) released a policy letter relating to the rights of students who have graduated. Letter to Oettinger, which is dated March 2, 2023, addresses the following issues:

(1) Must a State Educational Agency (SEA) resolve a complaint if the child who is the subject of the complaint has graduated?

(2) Must an SEA resolve a complaint that alleges systemic noncompliance based on facts related to a child who has graduated?

IEP Spotlight: Dos and Don’ts of Annual Goals

Katie Vestal, Kendra Yoch,

April 6, 2023

in: IEPs

Today, we continue a series of articles focused on the components of a great IEP. We previously posted about the importance of and tips for successful IEP implementation, progress monitoring, and the statement of PLAAFP. In this post, we will cover the annual statement of goals, which is another critical component of the IEP. Like the statement of PLAAFP, the statement of annual goals is an outcome determinative element of the IEP, meaning it can be the reason a hearing officer finds the district did or did not offer FAPE. Keep reading to understand what is required and how to ensure every IEP includes an effective and compliant statement of annual goals.

Addressing Common Myths Regarding Accommodations Decisions and Implementation

Taylor Montgomery ,

February 14, 2023

in: Operating Procedures

Perhaps one of the most critical components of a student’s IEP, accommodations are designed to provide equal access to the learning environment for students with disabilities. Despite their importance, ARD committees sometimes gloss over this section of the IEP without giving it the attention it deserves. One cause for confusion is that the term “accommodations” is not actually defined in the IDEA, which may lead to disputes over what is necessary and appropriate to provide FAPE. To ensure that school districts make appropriate decisions regarding accommodations and comply with implementation requirements, we address common myths that we hear regarding accommodations and clarify the legal truth below:

IEP Spotlight: Statement of PLAAFP and Why it’s so Important

Katie Vestal,

January 13, 2023

in: IEPs, Uncategorized

Over the summer, we posted about the importance of and tips for successful IEP implementation and progress monitoring. Today, we continue a series of articles focused on the components of a great IEP. In this post, we will discuss the foundation of the IEP: the statement of present levels of academic achievement and functional performance (PLAAFP).

The Individuals with Disabilities Education Act (IDEA) mandates that IEPs include a statement of PLAAFP. If you’ve ever attended an ARD, you know that this statement is one of the first things covered. And with good reason: the statement of PLAAFP provides an overview of the student’s current functioning and baseline for new goals. Without a clear, specific, and individualized statement of PLAAFP, the IEP may be deficient. Keep reading to learn steps to ensure that every IEP is built on a solid PLAAFP foundation.

SpEd Law Spotlight