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Special Education Tip – Keep It Current – 59-2017

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Rochelle’s Special Education Tips

Present Level of Academic Achievement and Functional Performance-Keep It Current

When you write a new IEP, make sure the Present Levels are current. When you retain old scores, observations, or classroom performance from years before, you are setting the stage for confusion and mistakes. The page is called “Present Levels”, not “Former Levels.” If the parent wants you to include old information or information that does not accurately reflect the Present Level of a student, decline to do so. You will then put the parent’s disagreement in the PWN. It is not the end of the world to disagree with a parent. Unlike retail, where some businesses operate on the assumption that the customer is always right, the parent is not always right. Of course, neither is the educator. Sometimes even the attorney is wrong 🙂 Also, if you have a Present Level listed, be sure you are responding correctly to the following question on the IEP: “Does this area impact the student’s academic achievement and/or functional performance?” If you answer “yes,” you need a goal to address the area or in some cases, a Supplementary Aid.

Rochelle’s Special Education Tips (“Tips”) are designed to be helpful and thought provoking, but should not be considered legal advice as they may not be accurate for use in all situations. Tips are based on my opinions and positions in accordance with federal and Maryland law and my over 35 years of experience in the special education legal field. – Rochelle S. Eisenberg, Esquire
Copyright © 2017 Pessin Katz Law, P.A. All rights reserved.
Tips may be reproduced for distribution within the educational institution, the individual school or school system and is for use by their staff. Additional distribution must be approved by author.
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