November 2014 FAQs

November 7th, 2014  

FAQs

Q: As case manager, what paperwork am I responsible for submitting to Central Office?

A: Case managers are ultimately responsible for ensuring that ALL necessary IEP and ESER paperwork is submit-ted to Central Office after a meeting is held. Here are a few things to keep in mind:

– Use the IEP checklist in the database, and include it with your paperwork when you send it in to Darla or Rebecca.  This makes everyone’s life easier as our secretaries can quickly glance at the checklist to see which paperwork they should expect to find in the envelope.  If there are any special circumstances or oddities with your paperwork, the IEP checklist is a great place to jot the secretaries a quick note.

– If you are waiting on another member of the IEP team to complete their portion of the paperwork (for example an individual report that is part of the ESER), don’t let that delay the rest of the paperwork process. Submit what paperwork you have to Central Office, and make a note on the checklist that the particular report is not yet complete so that Darla and Rebecca can follow up with the appropriate personnel to ensure that the paperwork gets submitted. (Related Services Providers—please note that individual reports should be complete prior to the ESER meeting).

– In situations where there are multiple personnel working on a set of paperwork (e.g. you’re working with your school psychologist to complete an FBA and BIP), make sure you are coordinating with the rest of the team to submit all of the necessary paperwork. The simplest way is to gather all of the paperwork at the school level, and then submit it as one complete packet to Central Office. If you do have multiple people sending paperwork into Central Office, make sure you communicate as a team to be certain that a complete set of paperwork is submitted. You can use the checklist amongst your school-based team to ensure that all necessary components are covered.

Q: Who fills out the information on an ESER?

A: Case managers are responsible for entering all IEP and ESER information in the database, unless the database specifically notes that it is the responsibility of someone else.  Notable examples include the LD portion of the ESER which is the responsibility of the school psychologist, or any goals / objectives / progress reports that are associated with a related services (e.g. speech goals), which should be completed by the related services provider.  The content of the Needs and Recommendations portion of the ESER should be determined by the IEP team as a whole, but entering that information into the database is the responsibility of the case manager.

ESER Reminders for the New Year

January 7th, 2014  
  • Specialized transportation is not a need for the ESER. Transportation is a related service that is addressed in the IEP. The ESER report and needs should provide justification for the need for transportation in the IEP.
  • Accommodations and modifications can be recommendations to meet a specified need on the ESER, but they are not a need themselves.
  • Needs and recommendations should include all the relevant, team determined information from the meeting and the evaluations that were done. Refer to the  evaluators’ individual reports for recommendations to include in the Needs / Recommendations section of the ESER.

Special Transportation in the IEP & ESER

December 16th, 2013  

We have added a note to the “Special Factors…” section of the IEP database to clarify the documentation that is required when a student needs special transportation. One of the questions in the special factors asks, “Is the need for daily special transportation documented in the Evaluation Summary?”  If a student requires special transportation, the answer to this question should be yes. However, this does not mean that “Special Transportation” should be listed as a need in the ESER Needs and Recommendations. We’ve seen quite a few ESERs come in that way this year.

Rather than listing transportation as a need, the ESER should document the reason that the student requires special transportation (communication skills, behavior, mobility, etc.).  Those reasons can either be documented in the Needs and Recommendations section of the ESER, or within the content of the ESER’s individual reports.  Keep in mind that special transportation is a service provided by the district to meet student needs, it is not a need in itself.

Snapshot of data entry screen for IEP special factors

ESERs! (Again?)

February 1st, 2013  

Some ESERs have come in with needs and recommendations that are not clear or are too general. Here are some things to consider.

The needs must be specific enough for the IEP to be developed from them. For instance, if there are specific content area needs, such as reading, writing, math, these should be listed separately so that recommendations can be made for each. Listing “academic skills” does not provide enough information to the development of the IEP PLAAFP, goals and objectives, and other areas of the IEP.

Recommendations must be aligned to the specific need and may be a little more general than the needs statements. For example, for a need of “Reading fluency” a recommendation may be, “Small group or individual instruction including use of research – based reading program”. This recommendation does not tie any teacher to one particular type of instruction or program, but allows the current case manager to create appropriate goals to match the needs. For a need of “Focus in the classroom,” the recommendation may be “Classroom accommodations”. This leads one to refer to the accommodations section of the IEP.

**Be cautious that most of the needs and recommendations reflect the need for specialized instruction. That is, if all needs have recommendations for only accommodations, then there is no need for special education.

Check out the recently clarified “Amending an ESER to Add a Service” flowchart back in the December 2012 newsletter.

Eligibility Decisions are Not Always Easy

January 1st, 2013  

There are situations where teams must take into consideration student concerns that may or may not seem disability related when making eligibility determinations. Some of these include student absences, illegal activity and seeming willful misconduct. Here are some tips for guidance.

 Absences:  Clearly document any evidence that the absences are not caused by the student’s educational disability. Meet with the team to determine if absences are caused by or have a direct relationship to a disability. Excessive absences do not automatically “disqualify” a student from being considered for eligibility for special education services.  **Absences of an already identified student should trigger an IEP meeting possible amendment—call in the team if they are chronic.

 Illegal activity:  Clearly document any evidence that the student is engaging in illegal drug activities or other illegal activities. Should be considered as you look at the student’s overall conduct within the school setting.

 Misconduct:

  Look for and clearly document examples of the student being able to control his/her actions. Does the student have behavior issues ONLY in certain classes? Can the student control his/her behavior during football or other sports’ seasons? Does the student control his/her behavior prior to preferred activities (field trips, class parties, etc.)?

  Look for and clearly document evidence of forethought and planning prior to the misconduct. Did the student clearly plan the execution of the misbehavior? Did the student tell others that he/she was going to engage in misconduct prior to the event? Was it necessary for the student to purchase or otherwise obtain materials in order to engage in the misbehavior?

  Look for and clearly document evidence of deliberate, volitional and willful misbehavior (e.g., student’s statements to others before/ after incidents of misconduct).

**Just because a student may be eligible under Emotional Disturbance doesn’t mean that everything they do is caused by the disability. Look at why the student is eligible under Emotional Disturbance.

 Other:

  Clearly delineate between “social maladjustment” and “emotional disturbance” in making eligibility determinations. Your school psychologist will do this with all of the data gathered from team members.

  Clearly distinguish between “disability” and “disorder or impairment” in making eligibility determinations—particularly when determining if eligible for IDEA or 504.

  Consider any additional evaluations that are offered by the parent to determine if the student is qualified under any other eligibility categories. Always consider evaluations that parents bring in to the school and document that they have been reviewed and how the team will use them.

  Don’t allow your temper or judgments to cloud your focus! Kids first!

Each eligibility decision is based on the individual’s needs. It is important to remember that what is willful for one student may uncontrollable for another. This is what makes these decisions difficult.  That is why you have a team!

Jacobs, M. (2013, January). Eligible or Not? Potential “Rule-Out Factors Under the IDEA and Section 504. Presented as a webinar for LRP Publications.