http://opi.mt.gov/GetAnswers en-us http://opi.mt.gov/GetAnswers ActiveKB NX SMeredith@metnet.mt.gov Fri, 24 May 2013 03:32:25 MDT 20 http://opi.mt.gov/GetAnswers/questions/455/ How does a student qualify for special education services? Montana’s procedures for the evaluation of students are contained in the Child Find and Evaluation guide that can be found at: htt ... Cheri Bergeron Wed, 31 Oct 2012 20:08:16 GMT http://opi.mt.gov/GetAnswers/questions/387/ Question: We have a couple of students this year who are in need of an IEP who do notyet have one. They are coming in with extensive reports and there is no need for further testing. My quest ... Cheri Bergeron Fri, 07 Sep 2012 19:56:14 GMT http://opi.mt.gov/GetAnswers/questions/378/ The Parental Rights and other brochures can be found within the following page. It is available in three languages, English, Russian and Spanish:http://opi.mt.gov/Programs/SpecialEd/Index.html?gpm ... Steve Meredith Thu, 16 Aug 2012 15:48:28 GMT http://opi.mt.gov/GetAnswers/questions/375/ The contact for exceptional students is Frank Podobnik, fpodobnik@mt.gov Steve Meredith Wed, 15 Aug 2012 15:15:48 GMT http://opi.mt.gov/GetAnswers/questions/332/ When the evaluation has already been completed; but the team has decided to additionally select OT and perhaps SLP for additional testing; where is that information added? Do we need to hold ano ... Steve Meredith Fri, 20 Apr 2012 20:32:54 GMT http://opi.mt.gov/GetAnswers/questions/330/ A 504 plan was written last year at this time for a student. It has not been modified since that time. Should a new plan be written at least on a yearly basis if the child continues to meet the cr ... Steve Meredith Fri, 09 Mar 2012 17:18:11 GMT http://opi.mt.gov/GetAnswers/questions/298/ I'm a Speech Pathologist - when communication has been checked on an evaluation plan, I have always assumed that a full and complete evaluation needed to be completed. My question: Is this a corr ... Cheri Bergeron Mon, 29 Mar 2010 18:31:09 GMT http://opi.mt.gov/GetAnswers/questions/293/ What is the “Summary of Performance”?The district is required to provide a Summary of Performance to students leaving school due to graduation or exceeding the age eligibility of the d ... Cheri Bergeron Fri, 26 Feb 2010 21:20:30 GMT http://opi.mt.gov/GetAnswers/questions/292/ Must measurable annual goals be developed for each measurable postsecondary goal?Only if the IEP team determines that measurable annual goals are necessary to achieve the postsecondary goal. Meas ... Cheri Bergeron Fri, 26 Feb 2010 21:19:11 GMT http://opi.mt.gov/GetAnswers/questions/291/ Can measurable postsecondary goals stay the same from year to year?Yes. Cheri Bergeron Fri, 26 Feb 2010 21:18:25 GMT http://opi.mt.gov/GetAnswers/questions/290/ Can measurable postsecondary goals be changed year to year?Yes. If the student’s strengths, preferences, and interests, student’s desired post-school activities change, postsecondary ... Cheri Bergeron Fri, 26 Feb 2010 21:17:07 GMT http://opi.mt.gov/GetAnswers/questions/289/ Does the student’s progress toward the measurable postsecondary goals need to be reported during the IEP?There is no reporting requirement since the measurable postsecondary goals are review ... Cheri Bergeron Fri, 26 Feb 2010 21:15:53 GMT http://opi.mt.gov/GetAnswers/questions/288/ How do you develop appropriate measurable postsecondary goals?Through a review of the student’s strengths, preferences and interests, his or her desired post-school activities, and age appr ... Cheri Bergeron Fri, 26 Feb 2010 21:14:53 GMT http://opi.mt.gov/GetAnswers/questions/287/ Are appropriate measurable postsecondary goals required for all students age 16 and older?Yes. Cheri Bergeron Fri, 26 Feb 2010 21:12:14 GMT http://opi.mt.gov/GetAnswers/questions/286/ Who conducts the age-appropriate transition assessments?Teachers, special education specialists, other school personnel, parents or family members, the student, or others may conduct the assessmen ... Cheri Bergeron Fri, 26 Feb 2010 21:11:06 GMT http://opi.mt.gov/GetAnswers/questions/285/ What are examples of age-appropriate transition assessments?Educational: individualized, classroom, grade or schoolwide academic assessments, observational reports by teachers, employers, and pare ... Cheri Bergeron Fri, 26 Feb 2010 21:09:55 GMT http://opi.mt.gov/GetAnswers/questions/284/ What are age-appropriate transition assessments?Formal and/or informal assessments that provide information, indicate strategies, provide present levels of functional performance, suggest accommod ... Cheri Bergeron Fri, 26 Feb 2010 21:08:48 GMT http://opi.mt.gov/GetAnswers/questions/283/ When must Transition Services be addressed in a student’s IEP? In the first IEP to be in effect when the student is age 16. This generally means that when the student is age 15 the IEP must ... Cheri Bergeron Fri, 26 Feb 2010 21:07:41 GMT http://opi.mt.gov/GetAnswers/questions/279/ Are there other allowed methods of identifying a specific learning disability besides the discrepancy or response to intervention models? No. The IDEA 2004 only allows the use of a severe discre ... Cheri Bergeron Fri, 26 Feb 2010 21:06:18 GMT http://opi.mt.gov/GetAnswers/questions/282/ Cheri Bergeron Fri, 26 Feb 2010 21:05:54 GMT http://opi.mt.gov/GetAnswers/questions/281/ How does the Child Study Team determine the existence of a specific learning disability when using the RtI model? The Child Study Team must determine that the student demonstrates a significantly ... Cheri Bergeron Fri, 26 Feb 2010 20:55:07 GMT http://opi.mt.gov/GetAnswers/questions/280/ Cheri Bergeron Fri, 26 Feb 2010 20:53:37 GMT http://opi.mt.gov/GetAnswers/questions/278/ Can a school district choose to still use a severe discrepancy model to identify a child with a specific learning disability?Yes. The criteria for establishing the existence of a severe discrepanc ... Cheri Bergeron Fri, 26 Feb 2010 20:50:01 GMT http://opi.mt.gov/GetAnswers/questions/277/ How have the criteria for specific learning disability changed?The IDEA 2004 no longer allows a state to require only the use of a severe discrepancy formula for the identification of specific lea ... Cheri Bergeron Fri, 26 Feb 2010 20:46:47 GMT http://opi.mt.gov/GetAnswers/questions/276/ What happens if the Youth Court does not make a surrogate appointment in a timely manner? The youth court is obligated to make the appointment within 20 days of receipt of the paperwork submitted ... Cheri Bergeron Wed, 24 Feb 2010 22:46:11 GMT http://opi.mt.gov/GetAnswers/questions/275/ What does the school district do when it finds that two parties may act as the parent, when one of the parties is, in fact, the child’s parent?When the child’s parent still maintains r ... Cheri Bergeron Wed, 24 Feb 2010 22:45:29 GMT http://opi.mt.gov/GetAnswers/questions/274/ What does the school district do when it finds that two parties may act as the parent, when one of the parties is, in fact, the child’s parent? When the child’s parent still maintains ... Cheri Bergeron Wed, 24 Feb 2010 22:42:29 GMT http://opi.mt.gov/GetAnswers/questions/273/ What is the school district’s responsibility for children who are wards of the state?The school district must make reasonable efforts to ensure that a surrogate parent is appointed within th ... Cheri Bergeron Wed, 24 Feb 2010 22:41:33 GMT http://opi.mt.gov/GetAnswers/questions/272/ Doesn’t the foster parent need to have an ongoing long-term relationship with the child before the foster parent can act as the parent?No. The IDEA 2004 has removed that requirement. Cheri Bergeron Wed, 24 Feb 2010 22:39:34 GMT http://opi.mt.gov/GetAnswers/questions/271/ Is a surrogate parent required when a child is placed into a permanent or temporary foster home and the parents’ rights have been permanently removed by a court? No. In this case, the fost ... Cheri Bergeron Wed, 24 Feb 2010 22:38:43 GMT http://opi.mt.gov/GetAnswers/questions/270/ What is the surrogate parent requirement for unaccompanied homeless youth?If an unaccompanied homeless youth enrolls in a school district, administrators must ensure that a surrogate parent is app ... Cheri Bergeron Wed, 24 Feb 2010 22:37:40 GMT http://opi.mt.gov/GetAnswers/questions/269/ What is the timeline for surrogate parent appointment A surrogate parent must be appointed by the youth court not more than 30 days after the school district determines that the child needs a sur ... Cheri Bergeron Wed, 24 Feb 2010 22:36:09 GMT http://opi.mt.gov/GetAnswers/questions/268/ Must the request for excusal identify the members to be excused by name or by area of curriculum or related service?The best practice is to identify the name and area of curriculum for each member ... Cheri Bergeron Tue, 23 Feb 2010 22:59:32 GMT http://opi.mt.gov/GetAnswers/questions/267/ If the parent agrees to the excusal of specific IEP Team members but does not attend the meeting, must a new request for the excusal of specific IEP Team members be done for the rescheduled IEP me ... Cheri Bergeron Tue, 23 Feb 2010 22:58:05 GMT http://opi.mt.gov/GetAnswers/questions/266/ What if the parent does not agree to the excusal of specific IEP Team members? The members must attend the IEP meeting. Cheri Bergeron Tue, 23 Feb 2010 22:56:38 GMT http://opi.mt.gov/GetAnswers/questions/265/ What if the parent does not return the request for the excusal of specific IEP Team members? The members must attend the IEP meeting. Cheri Bergeron Tue, 23 Feb 2010 22:55:46 GMT http://opi.mt.gov/GetAnswers/questions/264/ When should the request for excusal be presented to the parent? The request may be given to the parent at any time prior to the meeting. The request for excusal can be sent at the same time as ... Cheri Bergeron Tue, 23 Feb 2010 22:54:04 GMT http://opi.mt.gov/GetAnswers/questions/263/ How is the excusal from the IEP meeting documented? The Office of Public Instruction has provided a sample form for this. Any excusal must clearly document the parent’s consent for excusal ... Cheri Bergeron Tue, 23 Feb 2010 22:52:21 GMT http://opi.mt.gov/GetAnswers/questions/262/ What if the written input is not provided in time for prior review and consideration by the parent? The IEP Team member must attend the meeting. Cheri Bergeron Tue, 23 Feb 2010 22:51:06 GMT http://opi.mt.gov/GetAnswers/questions/261/ How far in advance of the IEP meeting must the parent be provided written input by any excused IEP Team members? The IDEA 2004 provides no guidance as to the time lines for providing the written ... Cheri Bergeron Tue, 23 Feb 2010 22:48:43 GMT http://opi.mt.gov/GetAnswers/questions/260/ What “written input” must the excused IEP Team member provide? The written input must clearly identify the student’s present level of achievement and performance in the member's ... Cheri Bergeron Tue, 23 Feb 2010 22:47:13 GMT http://opi.mt.gov/GetAnswers/questions/259/ Does a regular education teacher need to be excused from the meeting if a student only has material or method modifications in that teacher’s area of the curriculum? No. Such modification ... Cheri Bergeron Tue, 23 Feb 2010 21:21:43 GMT http://opi.mt.gov/GetAnswers/questions/258/ Are there members of the IEP team who cannot be excused from an IEP Team meeting? The meeting must include at least one regular education teacher of the child (if the child is, or may be, partic ... Cheri Bergeron Tue, 23 Feb 2010 21:20:30 GMT http://opi.mt.gov/GetAnswers/questions/257/ IEP Meeting Excusal - General RuleA member of the IEP Team may be excused from attending an IEP meeting, in whole or in part, when the meeting involves a modification to or discussion of the membe ... Cheri Bergeron Tue, 23 Feb 2010 21:19:16 GMT http://opi.mt.gov/GetAnswers/questions/256/ For students who are graduating from high school with a regular diploma or exceeding the age eligibility for special education services, what is the “Summary of Performance”? This is ... Cheri Bergeron Tue, 23 Feb 2010 20:56:01 GMT http://opi.mt.gov/GetAnswers/questions/255/ What are “Measurable Postsecondary Goals” for students aged 16 and older? These goals are based on age-appropriate transition assessments and identify the student’s post-school ... Cheri Bergeron Tue, 23 Feb 2010 20:55:02 GMT http://opi.mt.gov/GetAnswers/questions/254/ At what age must the IEP address postsecondary transition? Beginning with the annual IEP during which the student will turn age 16. This is a change from the previous requirement of age 14. Cheri Bergeron Tue, 23 Feb 2010 20:54:12 GMT http://opi.mt.gov/GetAnswers/questions/253/ At what age must the IEP address postsecondary transition?Beginning with the annual IEP during which the student will turn age 16. This is a change from the previous requirement of age 14. Cheri Bergeron Tue, 23 Feb 2010 20:53:09 GMT http://opi.mt.gov/GetAnswers/questions/252/ Does the IDEA 2004 allow for multi-year IEPs? Not yet. Cheri Bergeron Tue, 23 Feb 2010 20:52:13 GMT http://opi.mt.gov/GetAnswers/questions/251/ If the parent does not sign the “Amendment of Current IEP” form, can the identified changes be made?No. Cheri Bergeron Tue, 23 Feb 2010 20:51:29 GMT http://opi.mt.gov/GetAnswers/questions/250/ Can an Individualized Education Plan be changed without an IEP meeting? Yes. In making changes to the IEP after the annual IEP meeting, the parent and the district may develop a written documen ... Cheri Bergeron Tue, 23 Feb 2010 20:50:26 GMT http://opi.mt.gov/GetAnswers/questions/249/ When must the Procedural Safeguards Notice (Parental Rights brochure) be provided? Upon initial referral or parental request for evaluation Upon request by a parent Upon the first occurrence ... Cheri Bergeron Tue, 23 Feb 2010 20:48:21 GMT http://opi.mt.gov/GetAnswers/questions/248/ When must IEP progress reports on the annual goals be provided to parents?When report cards are provided by the district or school. Cheri Bergeron Tue, 23 Feb 2010 20:46:55 GMT http://opi.mt.gov/GetAnswers/questions/247/ Are benchmarks and short-term objectives required for all students?No. Benchmark or short-term objectives are required only for children who take an alternate assessment aligned to alternate achie ... Cheri Bergeron Tue, 23 Feb 2010 20:46:02 GMT http://opi.mt.gov/GetAnswers/questions/246/ What are PLAAFPs? Present Levels of Academic Achievement and Functional Performance. These replace the previous PLEPs – Present Levels of Educational Performance. Cheri Bergeron Tue, 23 Feb 2010 20:42:04 GMT http://opi.mt.gov/GetAnswers/questions/245/ When may a school remove a student to an interim alternative educational setting for 45 school days without conducting a manifestation determination? There are three instances in which the schoo ... Cheri Bergeron Tue, 23 Feb 2010 18:18:55 GMT http://opi.mt.gov/GetAnswers/questions/244/ Where will the student’s placement be if the behavior is a manifestation of the disability?The student will be returned to the placement that was in effect prior to the removal unless the sc ... Cheri Bergeron Tue, 23 Feb 2010 18:15:51 GMT http://opi.mt.gov/GetAnswers/questions/243/ What must the school do if the behavior was a manifestation of the disability?The school must conduct a functional behavioral assessment, unless the school had conducted one previous to the behavi ... Cheri Bergeron Tue, 23 Feb 2010 18:13:50 GMT http://opi.mt.gov/GetAnswers/questions/240/ When must a manifestation determination be conducted? A child’s IEP team must conduct a manifestation determination meeting whenever it proposes to change the educational placement of a stu ... Cheri Bergeron Tue, 23 Feb 2010 18:11:59 GMT http://opi.mt.gov/GetAnswers/questions/241/ What is the timeframe for conducting this IEP meeting? The school must conduct the IEP meeting within 10 school days of the decision to change the student’s educational placement by removin ... Cheri Bergeron Tue, 23 Feb 2010 18:11:25 GMT http://opi.mt.gov/GetAnswers/questions/242/ What must the IEP team review to determine whether the behavior is a manifestation of the child’s disability? The team must review all relevant information in the child’s file, inclu ... Cheri Bergeron Tue, 23 Feb 2010 18:11:00 GMT http://opi.mt.gov/GetAnswers/questions/239/ Must the Procedural Safeguards brochure be given to parents each time they provide permission for evaluation? No. The Procedural Safeguards notice (formerly known as the Parental Rights brochure) ... Cheri Bergeron Tue, 23 Feb 2010 17:58:55 GMT http://opi.mt.gov/GetAnswers/questions/238/ How does the district document the agreement between it and the parent that a reevaluation is unnecessary? The district may document the agreement on the Review of Existing Evaluation Data form ... Cheri Bergeron Tue, 23 Feb 2010 17:56:06 GMT http://opi.mt.gov/GetAnswers/questions/237/ Must the student be reevaluated once every three years? The IDEA 2004 states that a reevaluation is necessary every three years, unless the parent and district agree that a reevaluation is unnec ... Cheri Bergeron Tue, 23 Feb 2010 17:52:26 GMT http://opi.mt.gov/GetAnswers/questions/236/ Is parental consent for evaluation required for “screenings”? No. The screening of a student by a teacher or specialist to determine appropriate instructional strategies for curricu ... Cheri Bergeron Tue, 23 Feb 2010 17:50:04 GMT http://opi.mt.gov/GetAnswers/questions/235/ Is there a timeline for the initial evaluation of a student? The Child Study Team (CST) must determine if the student is a child with a disability within 60 calendar days of receiving parental co ... Cheri Bergeron Tue, 23 Feb 2010 17:49:04 GMT http://opi.mt.gov/GetAnswers/questions/234/ Are there additional requirements when school districts use Part B funds for early intervening services?Yes. Each school district that develops and maintains a system of early intervening service ... Cheri Bergeron Tue, 23 Feb 2010 17:46:52 GMT http://opi.mt.gov/GetAnswers/questions/233/ How is early intervening different from the Response to Intervention (RtI) process?The term “Early Intervening Services” refers to a broad application of support services and includes ... Cheri Bergeron Tue, 23 Feb 2010 17:44:32 GMT http://opi.mt.gov/GetAnswers/questions/232/ What types of activities are included in Early Intervening Services?Activities that can be funded as early intervening services include: Professional development for teachers and other school s ... Cheri Bergeron Tue, 23 Feb 2010 17:42:32 GMT http://opi.mt.gov/GetAnswers/questions/231/ The IDEA 2004 allows a school district to use up to 15 percent of its Part B funds to provide support to students who have not been identified as eligible for special education services. These se ... Cheri Bergeron Tue, 23 Feb 2010 17:29:26 GMT http://opi.mt.gov/GetAnswers/questions/230/ What are the two additional conditions under which a school district would not be deemed to have knowledge that a student is a student with disabilities? 1) The parent has not allowed an evaluat ... Cheri Bergeron Tue, 23 Feb 2010 17:24:24 GMT http://opi.mt.gov/GetAnswers/questions/229/ In IDEA ’97, a school was thought to have knowledge that a student not yet eligible for special education is a student with disabilities if he or she demonstrated behavior or performance ind ... Cheri Bergeron Tue, 23 Feb 2010 17:20:31 GMT http://opi.mt.gov/GetAnswers/questions/228/ Has the timeline for an expedited due process hearing changed? The expedited hearing must take place within 20 school days of the hearing request and a determination shall be issued within 10 sch ... Cheri Bergeron Tue, 23 Feb 2010 17:17:38 GMT http://opi.mt.gov/GetAnswers/questions/227/ What new special circumstance for the 45 school day removal has been added?A school is permitted to remove a child to an interim alternative educational setting for 45 school days if a student has ... Cheri Bergeron Tue, 23 Feb 2010 17:09:11 GMT http://opi.mt.gov/GetAnswers/questions/222/ What is “serious bodily injury”? Serious bodily injury means bodily injury which involves a substantial risk of death; extreme physical pain; protracted and obvious disfigurement; ... Cheri Bergeron Mon, 22 Feb 2010 22:37:15 GMT http://opi.mt.gov/GetAnswers/questions/219/ What new special circumstance for the 45 school day removal has been added? A school is permitted to remove a child to an interim alternative educational setting for 45 schooldays if a student ha ... Cheri Bergeron Mon, 22 Feb 2010 22:33:49 GMT http://opi.mt.gov/GetAnswers/questions/214/ Has the definition of “day” regarding the 45 day removal changed? The 45 day disciplinary removal to an interim alternative educational setting has changed fromcalendar days to school ... Cheri Bergeron Mon, 22 Feb 2010 22:26:34 GMT http://opi.mt.gov/GetAnswers/questions/211/ What issues may a school district consider when deciding to order a change in placement for a child with disabilities due to a violation of a school district code of conduct? School personnel may ... Cheri Bergeron Mon, 22 Feb 2010 22:21:30 GMT http://opi.mt.gov/GetAnswers/questions/202/ How long do you keep a student's IEP after they have graduated and left the school? Is there a release form or something that must be signed before you may destroy the records? All of the in ... Beverly Marlow Mon, 22 Feb 2010 20:56:08 GMT http://opi.mt.gov/GetAnswers/questions/96/ What are the legal parameters for classroom instruction utilizing paraprofessionals?The administrative rule adopted by the Board of Public Education in relation to Instructional Aides/Paras is set ... Beverly Marlow Wed, 03 Feb 2010 14:59:52 GMT http://opi.mt.gov/GetAnswers/questions/29/ The paraprofessional requirements established by the No Child Left Behind Law apply to all instructional paraprofessionals practicing in schoolwide programs and any instructional paraprofessionals ... Steve Meredith Tue, 15 Dec 2009 16:14:34 GMT http://opi.mt.gov/GetAnswers/questions/28/ The administrative rule adopted by the Board of Public Education in relation to Instructional Aides/Paras is set forth below. A school district may also have policies that deal with this issue. ... Steve Meredith Tue, 15 Dec 2009 16:12:21 GMT http://opi.mt.gov/GetAnswers/questions/27/ There are no administrative rules that address caseload or class size for special education. However, the school district is obligated to provide the special education personnel necessary to ensur ... Steve Meredith Tue, 15 Dec 2009 16:09:12 GMT