Tablet of contents
Table of Contents
Special Education Facilitation
Special Education Facilitation is a service provided for special education meetings where an impartial facilitator participates to promote effective communication and assists the IEP team in developing an IEP based on the student’s needs. The facilitator keeps the team focused on the appropriate development of the IEP while working through conflicts that arise and ensuring the participation of each IEP team member.
CDE Special Education Facilitation 1-Pager
More information.on facilitated meetings
The facilitator does not represent and is not aligned with any of the parties. The facilitator’s role is to support the process and keep the focus on the needs of the student.
An advocate represents the family and helps them in seeking special education supports and services. Advocates are often former teachers, administrators, special education professionals, education specialists, and even parents. Advocates are not required to have certifications or specific qualifications, so it is important that you find an advocate who has the experience and approach that works for your family. Most Arc chapters provide advocacy services free of charge. There are also many private advocates available.
To find your local Arc chapter in Colorado: The Arc Chapters
Special Education Facilitation may prevent disagreement among IEP team members from developing into a more serious dispute. It is important to schedule the Special Education Facilitation early in the process before insurmountable roadblocks or impasses have occurred.
If your IEP team has been meeting for a student’s IEP and is having trouble working together through some key issues, it may be time for Special Education Facilitation. While there may be many issues in conflict, the team should be ready and willing to work together, keep open minds, and hear the other party. Facilitation is intended to prevent disputes, so if you are having concerns about the IEP process, do not hesitate to check with CDE’s ADR Specialist about whether facilitation might improve your team’s collaboration. If the IEP team relationships have deteriorated to the point that team members are no longer willing to listen and participate in good faith discussions with the help of a professional facilitator, it may be time for the parties to explore other dispute resolution options.
You may request a facilitator by completing the form available on the ADR page on CDE’s website.
More information can be found on CDE’s website:
The Center for Appropriate Dispute Resolution in Special Education (CADRE) offers resources on resolving conflict, including “The Working Together Series,” which includes five interactive self-directed courses. These courses provide families and educators with a number of strategies for working together and through conflict.
Brochures are available to help explain facilitation:
Facilitators use a variety of tools in preparing for IEP and other meetings and facilitating the meeting. These tools can be helpful to all stakeholders when preparing for and participating in meetings. CDE and PEAK Parent Center provide additional training and resources on the tools described below. If you would like to receive copies of any of these tools, please email awilson@peakparent.org.
FAPE in the LRE: The Individuals with Disabilities Education Act provides for eligible students with disabilities to receive a free appropriate public education (FAPE) provided in the Least Restrictive Environment (LRE). This graphic depicts how special education supports the general curriculum and related services wrap around and support special education.
Parent Input Form: A fillable PDF in English and Spanish that school teams may use to obtain parent input on strengths, observations and areas of concern. If the school team does not provide a form, parents could fill it out on their own to use it, think through or provide parent input. (Spanish version available.)
FAPE Continuum: A visual of the main sections of the IEP. Facilitators may use this visual for charting during the meeting. Parents can use this as a reminder of the sections of the IEP that will be covered in an IEP meeting.
Comprehensive Evaluation Wheel: A visual of the types of evaluations to consider so that the evaluation is comprehensive in determining the needs of the student. This tool is intended to be used for discussion to make sure that all areas related to the suspected disability or disabilities are covered, including areas that may not be commonly linked to the disability category. This tool is for discussion purposes and not a suggestion that all areas be assessed.
Active Listening Skills: Paraphrasing, Mirroring and Reframing are tools to use to make sure that you are listening for the purpose of understanding and to show the speaker that you want to understand what they are saying. This handout briefly describes each of these active listening skills.
Conflict Wheel: Though not used in meetings, the conflict wheel provides a tool for thinking about potential sources of conflict for participants and the team. There are many variations of conflict wheels, and this is the one used by this project. Needs are at the center of the conflict wheel, recognizing that unmet needs or conflicting needs are at the center of conflict. This tool is helpful in preparing for or reflecting on meetings when the team has not been able to come to consensus.
Consensus Scale: In IEP meetings, the team is working toward consensus. This visual can help to understand where people are with respect to a proposal that is being considered.
Questions about Dispute Resolution
The Dispute Resolution Options provided under IDEA are Mediation, State Complaints, and Due Process Hearings. Additional resources on dispute resolution options:
Dispute Resolution Options in Comparison | CDE
The Resolution Process in Part B of IDEA | Center for Parent Information and Resources
Mediation: Typically, mediations are completed within 30 calendar days of a mediation request.
State Investigations: A written decision is issued within 60 calendar days after a properly filed complaint was received by the SCO and the AU.
Due Process: The AU must convene a resolution meeting within 15 days of a properly filed complaint. The resolution period may continue for up to 30 days. If no resolution is reached, a hearing must be conducted and a decision issued within 45 days. The ALJ’s decision may be appealed in state or federal district court within 90 days of the date of the decision. The process of working through the courts can take months or years.
The Office of Civil Rights has jurisdiction to investigate complaints of discrimination, including violations of Section 504 of the Rehabilitation Act of 1973. This does not fall under the IDEA. You can find out more information from the regional U.S. Department of Education Office for Civil Rights.
Also consider consulting with an experienced special education attorney: Contact OCR
Mediation: The parties decide the outcome guided by a legal mediator.
State Complaint: The State Complaints Officer.
Due Process Hearing: The Administrative Law Judge.
Questions about the IEP
An IEP meeting will include the parents, one special education teacher if the student is receiving special education services, a general education teacher if the student is or may be receiving services in the general education classroom, a person who can interpret evaluation results, a person representing the school/district, other people who have express knowledge of the student, and the student. This list includes required and optional team members. If transition planning is taking place, representatives of outside agencies may need to be invited. One person may fill more than one role. All required team members need to be present the entire time unless certain conditions are met and the parent agrees in writing to dismiss them.
IEP Meeting Excusal (Sections 4 and 5)
By law, the IEP must include certain information about the student and the educational program designed to meet the student’s unique needs. In short, the IEP will include information related to:
- current performance (present levels of academic and functional performance),
- measurable annual goals,
- how progress will be monitored,
- what special education and related services will be provided,
- accommodations and modifications (if any),
- service delivery (frequency, locations, and duration)
- time spent in general education (LRE),
- participation in state and district tests.
The IEP team will also consider whether extended school year (ESY) services are necessary for the student. For students approaching the end of their secondary school education, the IEP must also include information about transition services, which are designed to help youth with disabilities prepare for life after high school. No later than one year before a student turns 18, they will receive information related to IDEA rights, if any, that will transfer to them when they reach age 18. In Colorado, the parent’s rights defined in IDEA transfer to the student who is still in public education at the age of 21.
First, look for dates including initial evaluation, next evaluation, and next annual review. Then look for your child’s current performance which will lead to their annual goals. From the current performance and goals, there will be a description of services provided. This includes things like special education support and services in other areas like speech, occupational and physical therapies. These supports will drive the amount of time your student will participate with non-disabled peers and the necessary accommodations and modifications. Next will be details about how district and statewide tests will be given. If your student is transition age, look for transition planning.
If a parent disagrees with the IEP, they can request another IEP meeting or escalate the concerns.
If a parent disagrees with the IEP, a parent can request another IEP meeting to express concerns. Work with the team to come up with solutions. If that doesn’t work you can ask for facilitation or consider the dispute resolution processes provided by IDEA, which include requesting mediation, filing a state complaint, or filing for due process. For more information, see the questions on ADR, Special Education Facilitation, and Dispute Resolution above.
Disputes Overview | Center for Parent Information and Resources
The types of IEP meetings include initial, annual, reevaluation, amendment, and transition.
- Initial meetings are the first meeting after the child is found eligible for special education services.
- Annual meetings are the meetings held once per year to update progress and create new goals.
- Reevaluation meetings are held every three years to determine whether the student continues to qualify for special education services.
- Amendment meetings are when the team comes together to address concerns or additional needs and make changes to the IEP.
- Transition meetings are IEP meetings where planning for moving from school to adulthood takes place. Transition planning will begin by the time the student reaches age 15 in Colorado, but may begin earlier, to consider areas such as post-secondary education, employment, independent living, and community participation.
- You may also have a meeting about a transition when a student is moving from one program to another or aging out of services.
- Additional meetings may occur when a parent or another person on the team requests a meeting to discuss concerns or new information.
When the IEP Team Meets | Center for Parent Information and Resources
Parents provide information on the student’s strengths and areas of concern, background, developmental and medical information. Parents have a right to participate, to invite others to the meetings, to review educational records and to decide to accept or decline special education services. Parents cannot selectively decline special education services; if the parent declines any service, they decline all services.
In the initial eligibility meeting, a parent needs to consent to the provision of services. In Colorado, in subsequent IEP meetings, a parent signs an attendance sheet. There is no signature to signify agreement or disagreement with the IEP. If the parent lets the team know that they don’t agree, this is a signal that there is still work to be done.
Free and Appropriate Public Education
Free and Appropriate Public Education (FAPE) means that eligible students with disabilities have a legal right to be educated regardless of the nature of their disability. A free appropriate public education emphasizes special education and related services designed to meet the child’s unique needs and that prepares the child for further education, employment, and independent living.
Key Definitions in Part B of IDEA | Defining and Understanding FAPE
Extended School Year (ESY) is never required but is an option for your student based on the determination of their IEP team. This decision is made by looking at data to see if your student is showing regression of skills after long breaks and/or taking a longer amount of time to recoup those learned skills. ESY is to help those students who need it maintain skills and not lose progress made during the school year. ESY is not for new skill development. for your student determined by their IEP team if they are showing regression after long breaks and/or taking a long time to recoup learned skills.
Teachers look for current progress (over the past year), areas of need, measurable goals, and accommodations and modifications
Questions about Evaluations
The evaluation process begins with a referral.
The referral can come from the family and/or the school. Other providers such as a doctor or therapist may also recommend the student be evaluated.
The first step in the evaluation process will be to identify the areas of concern, including health, vision, hearing, cognitive, behavioral, communication, social-emotional, functional, and physical.
A request for testing must be in writing, and the family will be required to sign a form giving permission to test. The written request should say why an evaluation is being requested and the areas to be evaluated. If unsure, a simple letter asking for a student to be evaluated can work. Give the referral letter to the student’s teacher, principal, or appropriate office staff. If you give the referral letter to the office staff, you may want to follow up with an email to the student’s teacher to confirm that they received it.
Before the school can conduct an evaluation, parents must give informed written consent.
An evaluation is done by a team of student-friendly experts in each area being assessed. The team will know how to evaluate the student and how to best explain each area.
The evaluation will be completed within 60 calendar days after the consent for the evaluation is signed.
The evaluation will be individualized and must use a variety of assessment tools. It can include a records review of work samples, state testing and school history. Other evaluations are completed through interviews, observations, questionnaires, and surveys.
More information on Evaluating School-Aged Children.
Most evaluations are done in the school environment. The school may send paperwork for parents to fill out or call to ask questions.
Typically, students are used to various tests in a school environment. It is good to let them know they will be taking a test, but it is not a test they need to prepare for. Sometimes tests may be administered by people that the students do not already know. Check with the school about who will be giving the tests so that you can provide information to your child if this is the case. Also consider the age of your child and what they will want to know.
The evaluators will compile their information and write a report discussing what they evaluated, why the evaluation was requested, and the result of the evaluation. Evaluation reports often provide recommendations and suggestions to help the student. The evaluation report does not discuss eligibility for special education.
If there are concerns about the reports, ask more questions. Ask if the student has been assessed in all the areas where there were concerns. Provide any other professional evaluations from the student’s doctor and/or therapists. If you still do not agree with the school’s evaluation, you can ask for an Independent Education Evaluation (see below). This request must also be put in writing.
This is an evaluation provided by a professional who is not employed by the school. The school will pay for this assessment in certain circumstances, only if the school has already done its own evaluation of your child, and the parents disagree with the results of the evaluation. Parents only have the right to one evaluation paid for by the district each time the district evaluates a child and the parents disagree with the results.
If a request for an IEE is properly made, the school must comply with the written request for an IEE unless they file for due process.
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Disclaimer
PEAK Parent Center’s ADR Project is a collaboration with the Colorado Department of Education. The resources provided on this page are provided for informational purposes to support collaboration in the IEP process and do not necessarily represent the policy or views of the Colorado Department of Education. PEAK Parent Center is not a legal services agency and cannot provide legal advice or legal representation. Any information contained in this website is not intended as legal advice and should not be used as a substitution for legal advice.
Some of the contents of this website were developed under a grant from the US Department of Education, #H328M200062. However, those contents do not necessarily represent the policy of the U.S. Department of Education, and you should not assume endorsement by the Federal Government. Project Officer, Perry Williams.
