Case Conference Procedures

A case conference committee must convene in the following circumstances:

  • Within the timelines (50 or 20 days depending on the referral) after an initial evaluation is conducted;
  • After the student has been reevaluated;
  • Periodically, but not less than annually, for a student previously determined eligible for education;
  • Within 10 instructional days of the enrollment date of a student who has been receiving special education in another state or another district within the state;
  • Within 10 instructional days of a disciplinary change of placement to determine whether the student's behavior is a manifestation of the student's disability;
  • At least every 60 instructional days when the setting in which the student is receiving educational services is the student's home or an out-of-school location.

Required Case Conference Committee Participants:

  • Public agency representative (e.g., principal, case conference coordinator, counselor, veteran special education teacher)
  • A teacher licensed in the area of the student's suspected disability and/or speech and language pathologist
  • General Education teacher
  • Psychologist or Diagnostician (must be invited to initial case conference to review evaluation results)
  • Occupational or Physical Therapist (if student is receiving related services)
  • Parent(s)
  • Student (if of transition age - age 14 and up)

REMINDER: In some circumstances, a required member of the CCC may be excused from the meeting if the school and the parents agree in writing that the member's attendance is not necessary for all or part of the meeting. However, if that member's area of curriculum or related services will be discussed or modified during the meeting and the member will miss the entire meeting, he/she must provide input in writing to the teacher of record prior to the meeting and parents must provide written consent for the excusal.

Scheduling:

  • In most cases, The Office of Academic Programs will be responsible for scheduling the initial case conference and sending out a copy of the Notification of Case Conference to all participants.
  • It is the responsibility of the parent to return the consent for excusal, either full or partial, prior to the day of the case conference if they will not allow the excusal.
  • After the initial case conference the Teacher of Record usually schedules the case conference. A parent requesting a case conference should notify the teacher of record.

 

Case Conference Guidelines:

  • The public agency representative (PAR) will make introductions, clarify the purpose of the case conference (CC) and offer/explain “Notice of Procedural Safeguards”.
  • The Teacher of Record will verify parent/guardian name and contact information.
  • The CCC participants will consider information provided by the parents and teaching staff. They will also review all evaluation data (if applicable). The CCC must also consider, but does not necessarily have to accept, the data or conclusions of an outside evaluation.
  • If the student qualifies or continues to qualify for special education services, the participants will review student's strengths, as well as needs prior to developing the Individual Education Plan (IEP). The IEP should reflect strength based planning as well as remediation strategies for identified weaknesses.
  • If the CCC recommends special education services in an initial case conference, the school must obtain written consent from the parent before providing special education services or implementing an IEP. If the parent is not ready to provide written consent during the initial CCC meeting, the PAR/TOR should provide the parent with a copy of the finalized IEP and then the PAR/TOR should make reasonable efforts (telephone calls, emails, letters, home visits, etc) to obtain parental consent for the initial IEP. Once the PAR/TOR/designee receives written consent, the consent needs to be sent to Office of Academic Programs.
  • For subsequent IEP's, a parent is no longer required to sign in agreement with or consent to the implementation of an IEP, but the parent may challenge the proposed IEP by requesting a meeting, mediation, or a due process hearing within 10 school days of receiving the IEP. If the parent takes one of these actions, the school should not implement the proposed IEP and must continue to implement the current IEP (see ‘Special Circumstances' section for more information on when there is a disagreement on proposed IEP).
  • When crafting the IEP, the annual goals as well as benchmarks, must be written in a manner that is measurable. IEP progress reports will be sent home at the same time that progress is reported in the general education setting (at the end of each grading period).
  • Appropriate classroom accommodations and modifications must be determined so that the student can receive his/her educational placement in the Least Restrictive Environment (LRE). The committee members must write a justification as to why the student will not be attending his/her home school, and/or why the student will not be participating in the general education curriculum.
  • All special education students (not just ED students) must have a Behavior Intervention Plan (BIP) as part of the student's IEP if it is determined that the student's behaviors significantly interfere with his/her own learning or learning of other students. In most cases BIP's are developed as part of the Functional Behavioral Assessment (FBA) process.
  • The CCC must develop a transition IEP that will be in effect when the student turns 14 or enters into 9th grade (whichever occurs first). In Alexandria Community School Corporation a transition IEP is written at the Annual Case Review in 6th grade.
  • The CCC must discuss whether or not the student will require special transportation and/or extended school year.
  • The teacher of record will address the harmful effects of special education and record that in the IEP.

REMINDER: An initial IEP must be implemented within 10 school days from date of written consent. All other/subsequent IEP's must be implemented on the 11th school day after the parent receives a copy of the IEP (unless the parent has provided consent for an earlier initiation date or challenged the proposed IEP). When a parent challenges a proposed IEP by requesting a meeting, mediation, or due process hearing, the proposed IEP cannot be implemented, and the school must continue to implement the current IEP.

An IEP must contain the following:

  • Present levels of academic and/or functional performance.
  • Appropriate, measurable annual goals that are designed to meet the student's educational needs. Make sure goals are written “from ________to _______”
  • A statement describing how the goals will be measured and when progress reports will be provided to parent/guardian.
  • A statement describing the special education services, related services, and/or modifications that will be provided to the student.
  • An explanation of the extent to which the student will not participate with nondisabled student in the general education environment and in extracurricular and other nonacademic activities.
  • A statement regarding the student's participation in statewide or local assessments of student achievement and to what extent accommodation will be given.
  • The projected date for initiation of services and the anticipated length/frequency of the services.

Legal Standards for the Case Conference Committee:

  • Decisions regarding eligibility, programs, services, and placement should be made by ALL case conference committee participants, including parent(s) and/or guardian(s) and should be based on the available data.
  • If the parent(s)/guardian(s) bring a legal challenge regarding a decision made by the case conference, the courts customarily consider two standards before rendering their judgments:
    • Did the committee participants comply with correct case conference committee procedures?
    • Were the IEP goals, programs, and services reasonably calculated to ensure that the student would receive appropriate educational benefit?

Move-In Case Conference

Upon enrollment, school personnel must secure parent/guardian signature on the ‘Temporary Placement/Move-in Request' form B (see Appendix for form). The Release of Information form C is faxed immediately to the student's previous school to obtain the most recent IEP and psychoeducational evaluation(s), and if applicable, other evaluations (e.g., speech, OT/PT). The signed Temporary Placement/Move-in Request form (and records if you have them) is then faxed to the Office of Academic Programs (765-724-5061) or emailed to the case conference coordinator.

See ‘Case Conference Procedures' section for recommended CCC participants and guidelines.

REMINDER: A case conference must convene within 10 instructional days from the date school personnel become aware that the student received special education services from another state or another district within the state.

Transition Case Conference

 

The CCC must develop a transition IEP that will be in effect when the student turns 14 or enters into 9th grade (whichever occurs first). At Alexandria Community School Corporation, we write a Transition IEP in the spring if the student's 6th grade year. These are updated annually.

Required Case Conference Committee Participants:

  • Public Agency Representative (PAR)
  • Parent/guardian
  • General education teacher(s)
  • Special education teacher
  • Any related services personnel that works with the student
  • Student (if the student does not attend, the school must take other steps to ensure that the student's preferences and interests are considered)
  • A representative from any other participating agency that is likely to be responsible for providing or paying for transition services.

A transition IEP must contain the following:

  • Present levels of academic and/or functional performance
  • Appropriate measurable postsecondary goals
  • Documentation of age appropriate transition assessment completed by student and its outcome
  • Documentation regarding whether the student will pursue a high school diploma or a certificate of completion
  • Transition services needed to assist the student in reaching postsecondary goals, including the individuals and agencies identified for implementing the transition services (e.g., vocational rehabilitation services program, Social Security Administration, a community mental health or rehabilitation center)
  • Appropriate, measurable annual goals, including academic and functional goals designed to support and align with the student's postsecondary goals. A statement of how these goals will be measured should be included
  • Other areas that need to be addressed include statewide/local assessments, projected date for initiation of services, extended school year services, and identification of the placement in least restrictive environment.

 

NonPublic School Case Conference

 

IDEA 2004 substantially changed the requirements of public school systems for services to children enrolled by their parents in private schools. Students have “no individual right to special education and related services. No private school child with a disability is entitled to any service or to any amount of service the child would receive if enrolled in public schools” (IDEA 2004). The school district where the private school is located is responsible for providing reasonable services and evaluation/reevaluation.

Alexandria Community School Corporation is required to conduct Child Find activities and evaluate children enrolled in private schools when referred for special education evaluation. If the student is deemed eligible, then the parent has the option of enrolling the child in public school and obtaining a Free Appropriate Public Education (FAPE) for the child. If the parent elects to continue the child at the private school, then the child may be eligible for a “service plan” only. Alexandria Community School Corporation will, on an annual basis, determine the extent of services that is appropriate for the student (e.g., consultation only, limited direct services, etc) in consultation with the private school. Service Plans are not IEP documents. Students parentally placed in a private school or home school are not entitled to FAPE.

Required Case Conference Committee Participants:

  • Public Agency Representative (PAR)
  • Non-public school representative (e.g., private school principal or his/her designee)
  • Parent/guardian
  • General education teacher(s)
  • Special education teacher
  • Educational strategist (from the student's home school corporation - if different from the corporation of the private school). This person is required to attend only if the student is recommended for special education services and will ensure that free appropriate public education is offered and available to the parent.
  • School Psychologist or Diagnostician (if an initial evaluation is conducted)
  • Speech and Language Pathologist (if student is receiving speech/language services)
  • OT and/or PT (if student is receiving related services)
  • Student (if of transition age)

In most cases, these case conferences should be held at the student's non-public school.

REMINDER: A nonpublic school student with a disability receives special education and related services from the public school in accordance with a service plan. A service plan is similar to an IEP, but does not contain all of the components of an IEP.

 

A service plan includes:

  • The student's present levels of educational performance,
  • Appropriate, measurable annual goals related to the services that will be provided,
  • The special education and related services that will be provided,
  • Information on whether the student will participate in statewide or district wide testing (e.g., ISTEP) and any accommodations the student will use during the test(s) if it is applicable,
  • Projected dates of when services will begin and end, as well as the length and frequency of services to be provided, and
  • Information on how the student's progress toward the annual goals will be measured and how/when the school will inform the parent(s) of the progress.

 

Students generally receive a different level of service under a service plan than a student receives under an individualized education program (IEP). The full array of services available that are part of a free appropriate public education (FAPE) under an IEP are not required to be made available as part of a service plan. For example, the length and frequency of the services may be less than the student would receive through an IEP or the service plan may provide consultative services in the nonpublic school where, were the student enrolled in a public school program the services may be more direct. If the public school decides to provide the services at a location other than the nonpublic school, it must provide transportation for the student to and from the location.

 

Special Circumstances

 

Disagreement over proposed IEP: If the student's parent(s) disagrees with the IEP changes described in the written notice, they must take action within 10 school days of receiving the written notice. If they do not take any action within 10 school days of receiving the written notice, the school is required to implement the revised IEP. If the parent(s) takes one of the following actions within 10 school days of receiving the written notice, the school must continue to implement the current IEP until the disagreement about the proposed IEP is resolved. The parent(s) may:

  • Request and participatein a meeting with someone from the school who can resolve the problem,
  • Initiate mediation
  • Request a due process hearing

If the parent(s) requests a meeting within 10 instructional days of receiving written notice, school personnel must meet with the parent(s) and try to resolve the disagreement. Merely requesting the meeting is not enough to stop the implementation of the proposed IEP, the student's parent(s) must participate in the meeting with school personnel. If the disagreement is not resolved in the meeting, the school must continue to implement the current IEP. If the parent(s) initiates mediation or requests a due process hearing within 10 instructional days of receiving written notice the same applies. If the parent(s) and the school participate in mediation, but are not able to resolve the disagreement, the school must continue to implement the current IEP. If the parent(s) requests a due process hearing, the school must continue to implement the current IEP until the hearing officer makes a decision resolving the dispute or the parent(s) and the school reach an agreement.

REMINDER: If the parent(s) does not take any of the three actions, the school may implement the changes described in the written notice on the 11th school day after the parent(s) receives the written notice about the IEP changes or the “effective date” written on the IEP if this date is later than the 11th day.

Revocation of Consent for Services: Any time after the parent(s) has given the school permission to provide special education services, they may revoke or withdraw their consent. To revoke consent, the request must be made in writing and given to school personnel. Before the school stops providing special education services, the school must provide the parent(s) with written notice explaining the consequences of the request for revocation of services. After the parent(s) receives the written notice from the school, all special education instruction, related services, accommodations, and any other services and supports provided to the student will stop. The student will receive education as a non-disabled student. After consent is revoked, neither the parent(s) nor the student will be entitled to the protections or the safeguards under Article 7 or the Individuals with Disabilities Education Improvement Act (IDEA '04). If the parent(s) revokes consent for services and later decide they want the student to receive special education services again, they must request an initial evaluation and go through the CCC process to decide if the student is still eligible for services. A parent may not revoke only a portion of services in an IEP. The services in an IEP must be agreed upon by the CCC.

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