Revisions needed

IEP Team Membership and Guidelines

(a) Members of the IEP team

The IEP team creates and evaluates educational programs for students with special needs. Depending on the child’s age and the program's needs, the IEP team's make-up may change. The IEP team must consist of the following individuals:

The child's parents: Parents have an important place on the IEP team and should be included in all educational choices that affect their child (Maine, 2017).

One or more regular education teachers: At least one regular education teacher with expertise in the K-12 curriculum, and possibly additional teachers in areas like career and technical education and adult education as well.

One special education educator: At least one professional educator with training and experience in providing or supervising the delivery of specialized instruction to meet the wants of learners with disabilities is required (Maine, 2017).

A representative of the SAU: This individual must be authorized to bind the SAU in writing and possess the necessary credentials to deliver or oversee the delivery of specialized education.

Other individuals with knowledge or special expertise: Other people, such as those who work in related services, may be invited to join the IEP team if they have relevant information or expertise about the child (Maine, 2017).

An individual who can interpret evaluation results: This individual may be an affiliate of the team designated in clauses (2) through (5) and is responsible for interpreting the instructional implications of assessment outcomes.

The child, when applicable: The child should be given the opportunity to attend IEP team meetings whenever appropriate (Maine, 2017). Depending on their age and capacity to take part in the decision-making process, their engagement may vary.

Caseworker representing a youth-serving state agency (for state wards or state agency clients): The agency's caseworker for any children who are state wards or clients of state agencies must be invited to the IEP team meeting.

(b) Major responsibilities of the IEP team

v Creating, evaluating, and adjusting the child's personalized education plan (IEP).

v Considering the child's current performance, abilities, requirements, and objectives, and determine any additional data needed to make identification determinations.

v Identifying the necessary support and services for students in special education.

v Assuring that the child receives an education in the most accommodating setting possible.

v Choosing the best combination of adjustments, supports, and accommodations to help the child succeed in the regular classroom setting (Maine, 2017).

v Checking in on the IEP at least annually and making adjustments as needed.

v Implementing the IEP and meeting the needs of the child via close collaboration with parents and teachers (Maine, 2017).

(c) Sections of the IEP

Present levels of performance: A statement of the child's current performance levels in various areas of development, including physical, cognitive, communication, emotional, as well as adaptive skills, based on objective criteria.

Measurable Annual goals and objectives: A list of the precise results or outcomes anticipated of the child, as well as the standards, steps, and timetables used to gauge their progress in achieving those aims (Maine, 2017).
Special education and related services: The frequency, intensity, and mode of service delivery, that are based on peer-reviewed study and required to satisfy the particular requirements of the child.

5. Participation in general education: A declaration of the child’s level of non-participation in the general education curriculum and activities, together with any adjustments, changes, and supports required for the child's participation.

6. Transition services: A description of the assistance required for children transferring from preschool to other programs or post-secondary education, as well as from preschool to early intervention (Maine, 2017).

Evaluation and reporting: An explanation of how the parents will be knowledgeable of their child's advancement toward the objectives.
Participation in assessments: A description of any adjustments or accomodations required for the child to participate in state and district assessments, as well as, alternate assessment,if applicable.
Dates and duration of services: A statement of the anticipated start date, frequency, duration, and location of the services (Maine, 2017).
Supports for school personnel: A description of any assistance or instruction required by school staff to help the student meet the objectives.
Transition services and interagency responsibilities: A list of each participating agency's duties for assisting children in making the transition from school to after-school activities,which is adopted during 9th grade year or at 16 years of age, whichever happens first.
Age of majority: A declaration stating, if appropriate, the rights passed to the child at the age of majority.

Special Education and Related Service Options

Special Education Service Options

Early Intervention Services

Toddlers and Infants with disabilities receive early intervention services to address their developmental requirements. These services are delivered under public oversight and are provided free of charge to households. These programs are formulated to cater to diverse aspects of growth and development, including physical, cognitive, communicative, emotional/social, and adaptive development (Maine, 2017). Qualified professionals offer early intervention services, which are delivered in natural surroundings such as the child's community and home settings, to the greatest extent feasible. The aforementioned services are rendered in compliance with an IFSP, which is tailored to meet the unique needs of each family.

Special Instruction, Birth-2

The provision of specialized instruction involves the deliberate creation of educational settings and tasks that facilitate the child's attainment of proficiencies across multiple domains of development (Maine, 2017). This entails the development of a curriculum plan, dissemination of information, and provision of support to families, as well as direct engagement with the child to optimize their growth and development.

Early Intervention Team Consultation Services

Team members or other qualified professionals may offer consultation services to the family members or the Primary Service Provider (PSP) during team meetings and in the natural setting (Maine, 2017). The main objective is to aid in adjusting and customizing day-to-day schedules and tasks to facilitate the child's advancement toward accomplishing the objectives outlined in the Individualized Family Service Plan (IFSP).

Extended School Year

Extended School Year (ESY) services refer to specialized educational and related services that are offered to children with disabilities aged between three and twenty years beyond the standard academic year. The aforementioned services are delineated in the child's IEP and are provided to parents without any financial obligation. The provision of FAPE necessitates the implementation of ESY services, which are determined by the child's IEP Team on a personalized basis (Maine, 2017). The determination to furnish ESY services is predicated upon a comprehensive evaluation of pertinent data, including progress evaluations, appraisals, and parental feedback, while taking into account the child's impairment, advancement toward IEP objectives, and the probability of skill deterioration in the event of service discontinuation. Within the Child Development Services System, the IEP Team is responsible for determining the provision of ESY services during each meeting for children between the ages of three and five .

Related Service Options

Speech and Language Services

Licensed Speech-Language Pathologists or certified speech and language clinicians are responsible for providing speech and language services. The aforementioned services are encompassed within the student's IEP, contingent upon the recommendation of the IEP Team.

Provision for Parental Consent and Absence of Consent

To obtain information pertaining to parental consent and non-consent for services, it is necessary to consult the precise federal regulations cited in the assignment (parts (b) (1), (2), (3), (4) in module four) (Maine, 2017). The regulations will furnish the requisite information pertaining to the consent prerequisites and the consequences of non-consent for special education and associated services.

Dispute Resolution

Mediation and hearing are two dispute resolution processes outlined in the given text.

Mediation

Mediation is a discretionary procedure that endeavors to settle conflicts among parents, adult learners, or SAUs concerning special education amenities. The process entails the utilization of a proficient and unbiased mediator who possesses expertise in the laws and regulations governing special education (Maine, 2017). Either party can initiate the process, and the superintendent recommends that parties endeavor to mediate before resorting to a due process hearing.

Key points about mediation

Voluntary: Mediation is optional and needs both parties' consent.
Qualified mediator: The mediator must possess training in efficient mediation procedures and be free of any obligations that can compromise their impartiality.
Cost: The cost of the mediation procedure is covered by the Department of Education.
Confidentiality: All conversations that take place during mediation are confidential and are not admissible as evidence in any later civil or due process proceedings (Maine, 2017).
Binding agreement: If the parties settle their dispute via mediation, they must sign a document outlining the terms of the settlement and maintaining confidentiality.

Hearing

When there is a disagreement over the assessment, identification, placement, or delivery of suitable services to a child, a due process hearing is another viable conflict resolution alternative (Maine, 2017). A due process hearing may be requested by parents, adult students, or SAUs and includes a formal process to resolve the conflict. A hearing officer conducts the hearing, evaluates pertinent data, and then renders a judgment based on findings of fact and conclusions.

Due Process hearing; Key Points

Initiation: A due process hearing may be requested by either party.
Timelines: The hearing timeline should not be interfered with by attempts to resolve the dispute through mediation or other third-party assistance.
Impartial hearing officer: A competent and unbiased hearing officer conducts the hearing, evaluates the evidence, and renders a conclusion (Maine, 2017).
Decision: The hearing officer makes a written determination that covers each complaint claim and gives the reasoning for the decision.
Enforcement: If a settlement is reached after a hearing, the written decision is enforceable in a State court with appropriate authority or a federal district court.

Educational Records

(a) Confidentiality

Student's academic records must adhere to tight confidentiality guidelines. According to FERPA and the IDEA, each SAU is in charge of creating and implementing policies to safeguard the confidentiality of student data (Maine, 2017). Personal information in educational records must be protected in accordance with these regulations at all times, including during collection, storage, disclosure, and destruction. The SAU shall designate a person to maintain the privacy of educational records and teach staff members about federal law, local and state rules and procedures for maintaining privacy. Student data may only be accessed by authorized staff who have a clear need to know or a valid educational interest.

However, it is important to stress that, except in situations where FERPA permits disclosure without permission, personally identifiable information should not be shown to parties other than officials of partaking agencies without obtaining parental approval. Parents' rights regarding the sharing of personally identifiable info and the confidentiality of such information must be explained by the SAU to them (Maine, 2017). The SAU is required to notify the parents and, at their request, erase the information when personally identifiable information about a child is no longer required to deliver educational services to that child. The child’s address, phone number, name, attendance history, grades, and year finished are among the essential details that may be kept on file permanently.

(b) Access to Records

The SAU is obligated to allow parents to examine and assess their child's educational records that are gathered, upheld, or employed by the institution. It is imperative that the SAU adheres to a parent's request promptly, ensuring compliance within 45 days of the appeal made under Part B or within ten days of the appeal to review and inspect records under Part C (Maine, 2017). The entitlement to obtain educational records encompasses the entitlement to solicit clarifications and elucidations of the records, as well as to receive duplicates of the records in the event that the parent's inability to do so would impede their capacity to scrutinize and assess. It is also possible for parents to appoint a representative to conduct an inspection and review of the records on their behalf. In the absence of any notification to the contrary, it is reasonable for the SAU to assume that a parent possesses the requisite legal authority to obtain access to their child's records. This presumption is contingent upon compliance with relevant State regulations.

The SAU must uphold a comprehensive log of individuals who are granted permission to access educational records, with the exception of parents and school personnel who have been duly authorized. The documentation ought to comprise the identity of the concerned party, the date on which the entree was granted, and the specific objective for which the party has been granted permission to utilize the records. Moreover, parents possess the entitlement to contest the precision, deceptive quality, or infringement of confidentiality or other entitlements in their offspring's educational records (Maine, 2017). In the event that individuals perceive the information to be erroneous or deceptive, they have the option to petition the SAU to rectify the information. The decision-making authority of the educational institution must determine the appropriateness of modifying the data within a rational timeframe. In the event that the petition is declined, the parent must be notified of their entitlement to a hearing. It is imperative that the SAU affords individuals a chance to contest any information presented. In the event that the hearing officer concludes that the statistics is erroneous or infringes upon an individual's rights, the SAU must make the necessary amendments to rectify the situation.

Procedural Safeguards

(a) Communication of safeguards

According to IDEA, it is mandatory to provide parents of children with disabilities with information regarding procedural safeguards. The dissemination of protective measures encompasses the provision of a procedural safeguards notice to parents. It is required that parents receive the notice at least once during the academic year (Maine, 2017). In certain circumstances, such as when there is an evaluation request by the parent, upon receipt of the first State complaint or due process hearing request, and when requested by a parent or adult student, additional copies must be provided. The language utilized in the notice of procedural safeguards ought to be comprehensible to the broader populace. In cases where parents possess restricted proficiency in the English language or employ an alternative mode of communication, it is necessary to translate the notice or present it in a manner that guarantees their comprehension of the information conveyed. In order to ensure inclusivity, it is imperative that the notice be made accessible to parents with disabilities. This may involve the provision of alternative formats, such as Braille or sign language interpretation.

Furthermore, schools can display the procedural safeguards notice on their official website, provided it is up-to-date. The provision of online access enables parents to obtain information conveniently, thereby enhancing the comprehension of their entitlements and the protective measures implemented (Maine, 2017). It is imperative that parents are apprised of the various resources and organizations that are at their disposal to aid in comprehending their entitlements under Part B of IDEA. The aforementioned resources encompass various entities such as the Due Process Office of the State Department of Education, parent federations, disability rights centers, and other pertinent organizations. Through this information, parents can actively seek support and clarification regarding their legal entitlements and the procedural safeguards in place.

(b) Notice

According to IDEA, it is mandatory to provide written notification to parents in various circumstances to ensure that they are adequately informed and have the opportunity to participate in decision-making procedures. It is imperative that the notification be furnished no less than seven days prior to the intended action or denial. The written notification ought to comprise precise details to apprise parents regarding the action that is being suggested or declined by the SAU (Maine, 2017). The proposed action must be described, along with an explanation of the rationale behind the SAU's decision to either propose or refuse it. Additionally, details should be provided regarding the evaluation procedures, assessments, records, or reports utilized in the decision-making process. It is recommended that the notification also incorporates a declaration acknowledging that parents are entitled to safeguards under the procedural provisions of Part B of the IDEA.

In addition, it is imperative that the notification effectively communicates to parents the means by which they may acquire a comprehensive delineation of the procedural safeguards in the event that the proposed or declined action does not constitute an initial referral for evaluation. Providing contact information for pertinent organizations or offices that can aid in comprehending one's rights is deemed necessary (Maine, 2017). The notice in written form ought to be presented in a comprehensible language for the general populace and in the mother tongue of the parents or any other means of communication they employ unless it is unworkable to accomplish. In cases where parents' primary mode of communication or language is not a written language, the SAU must take necessary measures to make sure that the notice is translated effectively through oral means or other appropriate channels to facilitate comprehension. It is imperative to have documented proof that the notice has been accurately translated and comprehended.

Reference

Maine. (2017, August 5). Chapter 101: Maine Unified Special Education Regulation Birth to Age Twenty (MUSER). Retrieved from https://www.maine.gov/doe/sites/maine.gov.doe/files/inline-files/State%20Regulation%20Chapter%20101MUSER.pdf