Revised 2-16-2011, Q1
|TO:||District Administrators, CESA Administrators, CCDEB Administrators, Directors of Special Education and Pupil Services, and Other Interested Parties|
|FROM:||Carolyn Stanford Taylor, Assistant Superintendent
Division for Learning Support: Equity and Advocacy
|SUBJECT:||Describing Special Education, Related Services, Supplementary Aids and Services, and Program Modifications and Supports
The Department of Public Instruction (DPI) is responsible for ensuring local educational agency (LEA) compliance with state and federal special education requirements. DPI’s oversight responsibility is explicitly established in 20 USC 1212(a)(11)(A)(i) and s. 115.762 (3)(g), Wis. Stats. As part of its general supervision system to ensure compliance with state and federal special education requirements, DPI monitors approximately 440 LEAs through the use of a procedural compliance self-assessment cycle. The purpose of this bulletin is to provide technical assistance on common procedural errors related to describing special education, related services, supplementary aids and services, and program modifications or supports (most commonly found on DPI Model Form I-9, Program Summary).
Special education is specially designed instruction to meet the unique needs of a student with a disability which is provided at no cost to the student or the student’s parent by appropriately licensed staff. It is provided in the classroom, in the home, in hospitals and institutions, and in other settings. [34 C.F.R § 300.39 (2006) and Wis. Stat. § 115.76 (15) (2006)].
Related services are transportation and developmental, corrective, and other supportive services required to assist a student with a disability to benefit from special education. [34 C.F.R § 300.34 and Wis. Stat. § 115.76 (14)].
Supplementary aids and services are aids, services, and other supports provided in general education classes or other education-related settings to enable a student with a disability to be educated with students without disabilities to the maximum extent appropriate. [34 C.F.R § 300.34 and Wis. Stat. § 115.76 (16)].
Program modifications or supports for school personnel are services or activities needed by school personnel on the behalf of students. [34 C.F.R § 300.320(a)(4) and Wis. Stat. § 115.787(2)(c)].
Throughout this bulletin, special education, related services, supplementary aids and services, and program modifications or supports for school staff will be referred to generally as “special education services.”
Special education services must enable the student to advance appropriately toward the annual goals in the individualized education program (IEP), to be involved in and make progress in the general education curriculum, to participate in extracurricular and other nonacademic activities, and to be educated and participate with their nondisabled peers. The special education, related services, and supplementary aids and services must be based on peer-reviewed research to the extent practicable. [34 C.F.R § 300.320(a)(4)].
The IEP must include the projected dates for implementation of all services and their anticipated amount (how much) and frequency (how often), location (physical space/environment), and duration (period of the IEP when it will be in effect). [34 CFR §300.320(a)(7)].
Each IEP team is responsible for developing an IEP that includes a statement of the special education, related services, supplementary aids and services, and program modifications or supports for school staff based on each student’s unique needs. The examples contained in this bulletin are for informational purposes only and should not be construed as appropriate for all students under all circumstances.
|1.||How must the IEP describe the services to be provided?|
|2.||What is the LEA's responsibility when sessions are missed because of student absence?|
|3.||Is it ever appropriate to write special education services as a range of time?|
|4.||What if it is impossible to describe the special education service in daily or weekly allotments of time?|
|5.||If we can’t write special education services “upon student request,” where should we address student self-determination and self-advocacy skills in the IEP?|
|6.||How should location be documented in the IEP?|
|7.||What does duration mean?|
|8.||If we decide the student will receive specially designed physical education, do we need to include a frequency/amount, location, or duration?|