• Is the current IEP for the student’s academic, linguistic, social, emotional, a nd behavioral needs appropriate? • Is the manner of assessment, including any accommodations and modifications, identified in the IEP appropriate? • Were all the services required by the student to make progress in the general education curriculum appropriate ly identified in the student’s IEP?
• Did the student receive all the services identified in the IEP?
• Were the linguistic needs of English language learners appropriately identified?
• Was the assessment conducted consistent with the IEP?
• Was the student’s pro motion standard appropriate and clarified at the IEP?
If the above questions were answered positively, the student should be required to attend the Intensive Instructional Program developed by the local school board pursuant to E.C. § 37252.5 . If the summer school program is an option, before the end of the school year, the IEP team should document all supported and related services the student will need to benefit from that program. If the above questions were answered in the negative, the IEP team should determine why such supports were not provided, develop an alternative plan, provide the summer school option, and consider not retaining the student.
Section B – Frequently Asked Questions
Can students in special education be retained?
Yes, however, careful consideration in the development and implementation of the student’s individualized education program should prevent student failure in most cases.
Does the IEP automatically exempt a student from statewide assessment or accountability to content standards?
No, in fact, IDEA specifically requires that students with disabilities be included in statewide assessments and that their progress be reported at least as often as their non- disabled peers. The Act further clarifies that the “general curriculum” is the same as for non-disabled peers, with modifications or accommodations if appropriate, and the historically “low expectations” for students with disabilities will no longer be tolerated . If special education students are exempted from state assessments, the process to exempt must follow general education guidelines. The exemption is recorded in the IEP.
Which special education student can be retained and by what criteria?
All students are subject to the local board-adopted policy on promotion and retention. Within the framework of that policy, IEP teams should consider:
Chapter 6 – Student Promotion and Retention, Desert/Mountain SELPA
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As of 11/26/2007
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