New Guidance from Maryland State Department of Education

The Maryland State Department of Education (MSDE) issued a new Technical Assistance Bulletin outlining expectations and processes for improving outcomes for students with disabilities.

This bulletin provides explanations of what specially designed instruction is and is not, development of IEP goals and objectives in connection with the general education curriculum, and expectations for implementation.   The bulletin also includes the expectations for a free appropriate public education  (FAPE) based on the Endrew F. case.

Many questions arise in Individual Education Program (IEP) meetings about what goals should be developed when there is a significant gap between the student’s grade level and their skill level.  For example, a student is in 7th grade but is reading on a 2nd grade level.  The MSDE clarified that, “If a student is performing significantly below grade-level, the IEP team should determine annual goals that are ambitious but achievable for that student. While annual goals need not necessarily result in the student attaining grade-level within the year covered by the IEP, the goals should be sufficiently ambitious to help close the gap.”  Two of the key words being ambitious and achievable.  As IEP team members, we need to write IEPs that reflects what is reasonably expected for the child to achieve in a year’s time in a challenging and ambitious program.

If you have an upcoming IEP meeting, the bulletin includes helpful questions and guidance for the decision making process especially the following that can be used for determining the amount of services the student should receive:

The following guiding questions may assist IEP teams when calculating the appropriate frequency and intensity of services:
• Do the services support the implementation of all the outcomes or goals and objectives?
• Do the services take into account the student’s history and progress with previous general education, special education, and related services?
• Do the services address the nature of the student’s needs, including the gap between the student’s grade level and performance level?
• Do the services support the student’s cultural and linguistic background?
• Do the services support an accelerated rate of learning?

One notable quote is, “The IEP team must ultimately consider how special education and related services, implemented through an effective IEP, can change the trajectory of a student’s growth to narrow the gap.”  Special education through a well developed IEP can change the trajectory of a student’s growth academically as well as their life options.

If you have questions about your child’s IEP and whether it offers an appropriately ambitious program for your child, contact our office to schedule a consultation.

If you have questions, please contact us the Law Office of Brian K. Gruber, P.C. at 301-657-3777 or ashley.vancleef@bkgpc.com.

Disclaimer:  This blog is made available by the Law Office of Brian K. Gruber, P.C. for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site, you understand that there is no attorney client relationship between you and the publisher. The blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

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