DEC Forms Guide

Initial Referral
Meeting
Decision to test / Initial Referral Meeting Decision to place with existing information / Initial Referral Meeting
Decision Not to test and place / Initial Placement
Meeting / Annual Review / Reevaluation
No testing
Remain Eligible / Reevaluation
No Testing
Exiting EC / Reevaluation
w/testing
First Meeting / Reevaluation
Results
Meeting
Invitation / Invitation / Invitation / Invitation / Invitation / Invitation / Invitation / Invitation / Invitation
Dec 1 / Dec 1 / Dec 1 / Dec 3 Worksheet(s)
Completely filled in / Dec 4 IEP / Dec 7 / Dec 7 / Dec 7 / Dec 3 Worksheet(s)
Completely filled in
with a combination
of new data and old data brought forward
*Dec 2 / Dec 3 Worksheet (s)
Completely filled in / Dec 5 / Dec 3 Eligibility
Sheet / Dec 5 / Dec 3 Eligibility sheet / Dec 3 Worksheet(s)
Filled in completely / *Dec 2 / Dec 3 Eligibility Sheet
Dec 5 / Dec 3 Eligibility Sheet / Dec 4 IEP / Dec 4 IEP
Write a new IEP or revisit current IEP / Dec 3 Eligibility Sheet / Dec 5 / Dec 4 IEP
Either write a new IEP
or revisit current IEP
Dec 4 IEP / Dec 5 / Dec 5 / Dec 5 / Dec 5
Dec 5 / Dec 6
Dec 6

To amend an IEP without a meeting: contact the parent by phone to discuss the minimal changes that need to be made

In CECAS, create a NEW Dec 4 (copy forward current IEP) and select “Addendum” as the purpose

Make the changes and document them in the amend without meeting section of the DEC 4 (See Correct Way to Make

Corrections handout for additional information) There should be no signatures on the IEP for this

Complete a DEC 5, select “other” as purpose and type in “amend IEP without meeting”

Complete the “other section” and answer questions 1 – 4. The only signature on the DEC 5 will be the EC Case Manager’s.

Remember implementation date needs to be dated 7 to 10 days out and this should also be the begin date for the addendum IEP, the end date won’t change.

*Adding additional testing to a DEC 2: If during the initial placement process or reevaluation process the team determines they

need to do more testing than indicated on the original DEC 2, the team would need to reconvene (invitation to conference), do

a new DEC 2 to request the additional data, and close with a DEC 5 explaining why the additional information was needed.

Q & A

General

·  Please make sure to open all IEPs for the up-coming month on the first day of the prior month. For instance, on April 1 all IEPs for the month of May should be opened in CECAS. This task is simple in that all it requires is the creation of a primary form with any related forms that are needed for the student’s meeting. This allows related service providers and other teachers to give input into the writing of the IEP.

·  Can a parent refuse to attend an IEP meeting because he/she does not want a certain team member at the meeting? The LEA may include at the IEP meeting individuals who have knowledge or special expertise regarding the child. Procedures regarding inviting the parent should always be followed. It is acceptable to meet without the parent if there have been adequate attempts to involve the parent.

·  What should be done if parent wants a staff member at a meeting and that staff member doesn’t need to be there, shouldn’t be there, has no reason to be there, etc.? The parent may also (just as the LEA) invite to the IEP meeting individuals who have knowledge regarding the child.

·  In cases where a guardian ad litem is involved but the parent’s rights have not been revoked, where does the guardian ad litem fit in? If the parental rights have not been revoked, the parent serves in the decision-making role in the IEP meeting and signs in the appropriate blank. The guardian ad litem attends the meeting and may sign on another line. The guardian ad litem may have a role to play regarding any legal aspects of the student’s needs.

·  What proof is required from another state to begin serving a student or begin with regular ed SSMT? An IEP is required so that we may provide comparable services to what the student received in the previous school and we would begin the NC eligibility process with a DEC 1 meeting. We would not necessarily get anything that shows that the student was part of any type of SSMT process.

·  What if the parent is an attorney and the meeting could turn negative… should the meeting have been stopped because the parent is an attorney and the school attorney is not present?) If the parent is an attorney, that happens to be his/her profession and you would treat them as you would any other parent. You would not stop the meeting.

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·  If parents refuse testing/services can they still request testing at a later date (after a year) or are all services void by refusal on initial DEC 6? Yes, the parent can request testing at any time. However, once the parent refuses testing, the meeting would end with a DEC 5 explaining why testing would not be done therefore it would be impossible to determine eligibility. There would be no IEP written or services provided. The same is true if the parent agrees to testing and after testing is completed the student is found eligible but the parent refuses to give consent for services (DEC 6-signs “no”). No IEP would be written and everything would be explained on the DEC 5. The student could be found eligible in the future by beginning the initial eligibility process again.

·  Can non-certified teachers in exceptional children teach EC classes? Yes. This may happen when there is a non-certified substitute that has to take over a class or when there is a lateral entry teacher that has not completed the requirements of licensure.

·  Can non-certified teachers complete EC paperwork? No. If there is a non-certified teacher teaching EC students, that person cannot be given EC files to manage. It would be necessary to disperse those files to other certified teachers within the building.

·  If non-certified teachers do complete paperwork, can parents use this in court? Again, if these teachers are non-certified, they should not be completing paperwork. If a non-certified teacher has erroneously completed EC paperwork, then, yes, the parents could use that in court.

·  What is the legal responsibility of others at the IEP meeting who sign the paperwork? It depends upon the role of the “others” at the meeting. Each member of the IEP team has certain responsibilities to meet regarding the needs of the student and each person is legally bound to provide the program that is defined in the IEP. If the question is: “If I sign an IEP, could I be called to court?”--the answer to that question is “yes.” Anyone that attends the IEP meetings may have to testify regarding the discussions at the meeting and how services have been rendered to the student.

·  Legally, is there a time limit as to how long we need to keep EC student work samples? There is not a specific time limit on how long we should keep raw data and work samples. Teachers should use good judgment. Every situation is different. Remember that the parent has 1 year from the day they receive the DEC 5 to file due process if they do not agree with a decision. If a case would go to court, a teacher would need to be able to support the decisions that were made and the progress report information that was given over that period of time. In some cases, questions may arise that go further into the past.

·  A New Version of the Form G is online at the EC website forms listing. All schools need to make sure to use this new version. If you download the form to a desktop for entry, please make sure to download this newest version and begin to use it immediately. Any students that have been reflected on the previous form may be transferred over or the school may maintain the “old” form to submit to the EC office on January 13.

Functional Behavior Assessment Guidelines

Please see the attached DPI memo regarding procedural requirements for conducting Functional Behavior Assessments (FBA). This advisement from DPI is based upon a letter from OSEP that is also included in this packet. An additional document from DPI addresses Questions & Answers related to this topic.

Parent permission is required to conduct an FBA. Starting January 2, FBAs must be initiated via the DEC 1 or DEC 7 process. The following Scenarios should help guide your ECATs.

Scenario 1. An EC student demonstrates problem behaviors that are interfering with learning. At this time the student does not have an FBA or BIP. Typical classroom or individual strategies/intervention can be employed to decrease these problem behaviors. For example, school staff can proceed with the following without initiating an evaluation:

·  Teachers modify the classroom discipline plan for the student (e.g. more warnings, bounce to another class, adding more visual supports to the classroom discipline plan).

·  Discuss the student at ECAT to brainstorm some additional interventions (e.g. contracts, behavior charts, meetings with counselors/BMTs, reflection sheets or self-monitoring).

·  Staff could observe the classroom to make suggestions regarding changes to the environment or task demands in the classroom.

After reviewing/revising these interventions, it becomes evident that more information should be gathered to better understand the reasons for problem behavior and to develop a more effective, efficient plan based on the function of behavior. The following steps should be followed:

·  Set up and IEP meeting to do a reevaluation (DEC7) and obtain parent permission(DEC2) for an FBA. Because the IEP team is reevaluating the “whole child” other assessments could be requested, as well.

o  On DEC2, check Other and write in Functional Behavior Assessment.

o  Each component of the FBA does not have to be specifically identified on the DEC2. However, keep in mind that typical components of an FBA include interviews, observations, and data collection across settings.

o  Previous interventions and data collection should be reviewed and the IEP team should consider developing the plan for how the FBA will be conducted – such as identifying target behaviors, selecting data to be collected, identify who will conduct interviews/observations and when the team will reconvene to complete the FBA.

·  When the team reconvenes, the FBA will be completed and the both the DEC3 eligibility and DEC3 worksheet will be completed. The IEP will be reviewed and any changes will be made, such as developing a BIP. Other relevant changes could be made to the IEP as well (e.g. add/revise goals, supplementary aids and services, additional EC time)

·  A DEC5 will be completed to finalize the reevaluation.

Scenario 2. An initial evaluation or reevaluation is in process and an FBA is determined to be necessary.

·  Explain to parent what an FBA is used for and send home DEC2 to get permission. Addend the DEC1 or DEC7 to include that a Functional Behavior Assessment is needed with the date of the new DEC2 indicated in parenthesis.

Scenario 3. An EC student is long-term suspended and does not have an FBA. The outcome of the manifestation deems an FBA is needed.

·  Initiate the DEC7 process at the manifestation meeting as indicated in Scenario 1.

Scenario 4. An EC student has an FBA that is several years old. S/he no longer has a BIP or the BIP is not effective.

·  Review the old FBA. If the FBA is still relevant explaining the context and motivation of the behavior problems, then the DEC1 or DEC7 process is NOT required. The IEP team should review and update the FBA and make any changes to the IEP as deemed appropriate.

·  If the FBA no longer appears relevant in explaining student behavior, the DEC1/DEC7 process should be initiated.

Scenario 5. An EC student transfers from out of state and has behavior goals or other behavior documentation suggesting a BIP may be warranted.

·  If the student has an FBA, the FBA should be documented as part of the existing information on the DEC1.

·  If the student does not have an FBA, the FBA should be listed as information that needs to be collected and added to the DEC2.

·  When should the IEP team develop a Behavior Intervention Plan (BIP) instead of developing behavior goals within the IEP? – A BIP is required when a student is being suspended and a disciplinary change in placement has occurred. It is a best practice to have a BIP in place when considering more restrictive settings such as Behavior-focused Self-contained. It is helpful to think of the behavioral IEP goal(s) as being focused on the student. The BIP guides the adults in the strategies and interventions that should be used to address the student’s behavior.

Invitation to Conference

Invitations to Conference are used anytime the parent/guardian and/or student ages 14 and older needs to be involved to discuss identification, evaluation, placement decisions or annual reviews. There are three types of invitations:

1.  Parent Invitation to Conference:

For parents of students who are between the ages of 3 and 18 years old

For parents who have retained parental rights for students who are 18 years old or older

(Documentation of this must be in the student’s cumulative folder and EC folder)