1. ARC Chairperson Training
This module will provide an overview of laws, legal requirements and the roles and responsibilities of the ARC members.

2. Agenda Introduction Overview of Laws ARC Membership
ARC Chairperson Responsibilities
Interventions
Evaluation and Eligibility
Placement and LRE
Post-Secondary Transition
Today we will review several topics that are important to know as an ARC Chairperson. Some of this information may be familiar to you. However, interpretations of special education law and guidance are always evolving based on case law and decisions made at the state and federal levels. It is important to stay current with this information.

3. Overview of Laws
Individuals with Disabilities Education Improvement Act (IDEIA)
Every Student Succeeds Act (ESSA)
Americans with Disabilities Act (ADA)
Section 504 of the Rehabilitation Act
The Family Educational Rights and Privacy Act
***Slide updated Aug 2016*****
Each of these federal laws and subsequent state statutes and regulations affect special education.
A Brief Overview of the Law
Individuals with Disabilities Education Act (IDEA)
Every Student Succeeds Act (ESSA)
Americans with Disabilities Act (ADA)
Section 504 of the Rehabilitation Act
The Family Educational Rights and Privacy Act
IDEA was reauthorized in 2004 to IDEIA. The purpose of this law and its regulations is to make sure that all children and youth with disabilities have available to them a free appropriate public education (FAPE). Another purpose of the law is to make sure that the rights of children and youth with disabilities and their parents or guardians are protected. Kentucky has state regulations, Kentucky Administrative Regulations (KARs), that further guide us on the federal and additional state requirements.
Every Student Succeeds Act replaces No Child Left Behind and creates a long-term policy that gives states additional flexibility and provides more state and local control over the accountability process.  ESSA provides an opportunity for Kentucky to create a new accountability system that will be used as the basis to better our schools and celebrate their educational progress. The goal is to produce a system that will improve the education and readiness of ALL Kentucky students and is fair, reliable, valid and easier to understand than the current system.​​
The Americans with Disabilities Act is an important civil rights law. It protects the rights of persons with disabilities of all ages and makes discrimination against the law. It applies to both public and private programs. It also applies to other important aspects of society such a public transportation, radio, TV, telephone, hotels, motels, libraries, and so on.
Section 504 of the Rehabilitation Act, also a civil rights law, deals with the rights of all people with disabilities. This law was enacted to forbid discrimination on the basis of disabilities in any program or activity that receives federal funds. This law makes sure people with disabilities have rights in their community. More specifically, for children and youth in school it means:
School districts must provide students with disabilities the same opportunity to succeed in school as they provide to students without disabilities.
Schools (including colleges, universities, and vocational school) must be equipped so that people with disabilities can get into and out of buildings and move around safely.
The Family Educational Rights and Privacy Act protects the confidentiality of student records. This law makes sure that staff members are trained in confidentiality and that records are protected during creation, maintenance, and destruction phases.

4. Legal Background
Federal Law-Individuals with Disabilities Education Improvement Act (IDEIA 2004)
State Law-Kentucky Administrative Regulations Related to Exceptional Children (2008)
Local-School District Special
Education Policies/Procedures (updated annually)
This section will provide you with an overview of laws impacting special education services.
As you know, Federal Law sets the requirements for special education services. From there, state law can be more restrictive but not less and local procedures can be even more restrictive than state. Kentucky has some of the most restrictive special education laws in the nation.
Most special education paperwork is required because of the legal obligations set forth in these laws, regulations, and policies.
Documentation is needed to prove that these obligations have been met. Documentation proves that we have done our job.
The most recent update for IDEA was 2004, Kentucky Administrative Regulations Related to Exceptional Children in 2008, and Local District Policies and Procedures are updated annually.
Record Review Document – updated annually; used for monitoring local school districts. This document is located on the KDE website under Exceptional Children > Special Education > Monitoring Documents.
You may have heard that saying, “If it’s not written down, it did not happen.” This can be seen two ways. It must not have happened if it wasn’t written down so it may seem like you have a release of liability. However, if it wasn’t written down then what you did, good or not good, is not documented and cannot be supported in court. So be sure to document everything you do, regardless of your relationship with the parent and even if the parent is a good friend of you or your spouse!
* Located in your folder is a list of special education acronyms.

5. Individuals with Disabilities Education Improvement Act (2004)
IDEIA
Individuals with Disabilities Education Improvement Act (2004)
Federal Education Law
Qualify for at least 1 of 13 federal disabilities AND
MUST need specialized support & instruction to benefit from education (Adverse affect).
History:
Public Law , Education For All Handicapped Children Act (1975).
Skills based IEP’s
This law was reauthorized and expanded as the “Individuals with Disabilities Education Act” (IDEA) in 1990.
IDEA reauthorized again in 1997 & (P.L ).
1997 reauthorization mandated access to the general curriculum and curriculum based IEP’s
Federal regulations for 2004 reauthorization were released August 14, 2006.
Purpose:
The purpose of this law and its regulations is to make sure that all children and youth with disabilities have available to them a free appropriate public education (FAPE).
Another purpose of the law is to ensure that the rights of children and youth with disabilities and their parents or guardians are protected.
Kentucky has state regulations; Kentucky Administrative Regulations (KARs) that further guide us on the federal and additional state requirements

6. Free Appropriate Public Education (FAPE)
Specially designed instruction & related services:
Provided at public expense
Under public supervision & direction
Provided in accordance with IEP
Free Appropriate Public Education
Guaranteed under both the Rehabilitation Act of 1974 and IDEA
Under the IDEA, FAPE is defined as an educational program that is individualized to a specific child, designed to meet that child's unique needs, provides access to the general curriculum, meets the grade-level standards established by the state, and from which the child receives educational benefit.
Free
The "free" public education means educational services must be provided at public expense, under public supervision and direction, and without charge to parents except for fees that are charged for all students.
An appropriate education will include:
education services designed to meet the individual education needs of students with disabilities as adequately as the needs of nondisabled students are met;
the education of each student with a disability with nondisabled students, to the maximum extent appropriate to the needs of the student with a disability;

7. Free Appropriate Public Education (FAPE)
Evaluation/reevaluation
Access to general curriculum
Participation with nondisabled peers
Academic, nonacademic, & extracurricular
Ages 3-21
Appropriate education continued:
Evaluation:
evaluation and placement procedures established to guard against misclassification or inappropriate placement of students, and a periodic reevaluation of students who have been provided special education or related services including
Access:
provides “...access to the general curriculum to meet the challenging expectations established for all children.”
Age
In Kentucky, districts will prove a free and appropriate education to all children with disabilities who:
Are aged 3-21
Reside within the district’s boundaries,
Have not received a high school diploma, including students w/ disabilities that have been suspended or expelled more than 10 days in a school year.

8. Child Find System Ages 3 to 21 years old
Activities to locate, identify, & evaluate a child:
Ages 3 to 21 years old
Resides in a home, facility, or residence in district
Attends a private school located in district
Either in or out of school
May need special education
and related services
Child Find System
All districts must have child find policies and procedures in place that includes activities to locate, identify, & evaluate a child:
Age 3 to 21 (emphasize this),
Who resides in a home, facility, or residence within the LEA’s geographical boundaries.
Including children with disabilities who:
Attend private schools located w/in LEA boundaries,
Are highly mobile (such as migrant children)
Homeless
Wards of the state or in state custody
Advancing grade to grade due to passing a grade but who may still have a disability
Who is either in or out of school; and
Who may need special education and related services (emphasize).

9. ARC Responsibilities Act on Referral Determine Need to Evaluate
7/29/2015
ARC Responsibilities
Act on Referral
Determine
Need to Evaluate
Eligibility
Placement
Obtain consent:
to Evaluate
for Services
Conduct Evaluation
Implement/Monitor IEP
Annual Review
Reevaluation
Transition Planning
Determine LRE
Develop, Review, or Revise IEP
No decisions regarding a “potential” or identified student with a disability will be made by one individual. The law requires that decisions be made by a committee--ARC, M team, IEP Team, etc. * This committee should always provide for parental participation.
4 Basic Types of ARCS:
Referral/Initial Evaluation
Evaluation/Eligibility
Annual Review
Other: need more information, gives examples –
manifestation,
transfer from another state/school,
lack of progress,
adding special transportation
anything that may lead to a change in the IEP or LRE
KDE/cfg

10. ADMISSIONS AND RELEASE COMMITTEE
All decisions are:
based upon evaluation & progress data
consensus of members
documented in writing
The evaluation data used for all decisions should be discussed and documented on the notice (conference summary) and kept as part of the student’s due process record (folder).
ALL decisions are documented in writing and,
If student found eligible for special education services,
documentation kept as part of the student’s due process folder.
If the child is found to not be eligible for special education services,
the documentation is kept in the student’s regular, permanent record/folder.
Progress data is used to make decisions & must be present at the ARC meeting or the meeting is canceled.
Progress monitoring is:
Initial Eval = RtI data
Re-eval & Annual Review = Progress monitoring data
Data must be analyzed AND documented in meeting notes!!
Note: All decision are based on consensus not voting.

11. Required Members ARC Chairperson/LEA Representative
Regular education teacher
Special education teacher
All those invited MUST be checked on the Meeting Notice
Without proper representation, decisions may not be valid if the ARC is not properly established.
When evaluation results are being discussed someone who can interpret the instructional implications of the those results must be present.
Located in this module’s resource folder is a handout that describes roles and responsibilities of required members.

12. Other Members Parent invited and encouraged to attend
Student, if appropriate
always invited once 14 or in 8th grade
An individual who can interpret the instructional implications of evaluation results
Required to invite certain people:
parent
Parent must be afforded the opportunity to attend meetings and provide input at all points in the process
student at age 14/8th grade
Many of the requirements for providing parents opportunities to participate in the process are outlined in the Procedural Safeguards section of the both KARs and Local District Policies and Procedures.
All parties necessary for the meeting to occur need to be included on the Notification of Conference, BUT you only list their ROLES, not specific names (IE: LEA Rep or Designee, or General Education Teacher )

13. Other Members Related Service Provider Speech Language Pathologist
Occupational Therapist
Physical Therapist
Community Agency Representative
Mental Health Agency
Voc. Rehab
Impact
If you are inviting outside agencies must have receive prior consent of parent or guardian.
Any other person requested by a member of the ARC to assist in decision-making for the student may be invited. Parents have the right whomever they choose, such as advocate or outside therapist.

14. ARC Chair
The ARC chair is The Local Education Agency (LEA) Representative
The LEA Representative must be:
Knowledgeable about general curriculum
Qualified to provide or supervise the provision of specially designed instruction
Able to commit personnel and fiscal resources needed to implement the IEP
ARC Chair
LEA Rep
Regulation language uses LEA Rep
Requirements:
LEA Representative (ARC Chair) is the District representative who
is qualified to provide, or supervise the provision of specially designed instruction
is knowledgeable about the general curriculum and the availability of the resources of the district
oversees ARC meetings
Designee must meet requirements of ARC Chair
Approved per district Policies & Procedures –
Counselors can be ARC chairs but check your district procedures to see steps taken for board approval.
The ARC Chair cannot be the teacher of the child.

15. Procedural Safeguards Notice (Parents’ Rights)
Given to parent one time per year & upon:
initial referral or parent request for eval;
receipt of first state written complaint;
receipt of first filing of a due process hearing in a school year;
accordance with discipline procedures in which decision made to remove student, which constitutes change in placement because of violation of code of student conduct; and
parent request
Procedural safeguards:
Can be explained prior to or during the ARC.
ARC chair responsibility to ensure they are done.
Take them to the parent signature page of the conference summary and show what that means.
Last update to safeguards is 2009.
Note: The procedural safeguards notice shall include a full explanation of all the procedural safeguards available under 707 KAR Chapter 1 and 34 CFR Section
Additional information that may be sent to parents prior to meeting to discuss a referral is a copy of the procedural safeguards, including parent rights.
According to regulation parents receive this information upon initial referral or parent request for evaluation.
Although you may send a copy prior to the meeting a full explanation is also required. So the information, even if sent prior to the meeting, will be reviewed and discussed as needed, during the referral meeting.
District may place a current copy of the procedural safeguards notice on its internet website if such website exists.
Parents may elect to receive notices by electronic mail, if the district makes such option available.

16. Interventions

17. 1997 Special Education Regulations
…providing incentives for whole-school approaches and pre-referral intervention to reduce the need
to label children as disabled in order to address their learning needs
Interventions are nothing new to the evaluation and eligibility process for special education. It has currently been in KY regulations for 21 years. Interventions are needed to help support the decision that there is a suspected disability and provides supporting evidence in making the eligibility decision.
21 Years

18. 707 KAR 1:300 Section 3. Referral System
(2) …ensuring that each child has been provided appropriate instruction and intervention services prior to referral.
(3) The LEA shall ensure that:
(a) Prior to, or as a part of the referral process, the child is provided appropriate, relevant research-based instruction and intervention services in regular education settings, with the instruction provided by qualified personnel; and
Current KY special education regulations require that prior to or as part of the referral process, the student is provided appropriate research-based instruction and intervention services in the regular education setting. It's important to understand that at times, a referral for an evaluation may be warranted even though interventions have not be conducted. In cases such as this, interventions can be conducted and data collected during the 60 school day timeline for initial evaluations. In general, interventions should occur prior to the referral and part of the basis of why the student should be evaluated for special education services.

19. 707 KAR 1:300 Section 3. Referral System
(b) Data-based documentation of repeated assessments of achievement or measures of behavior is collected and evaluated at reasonable intervals, reflecting systematic assessment of student progress during instruction, the results of which were provided to the child’s parents.
These research-based interventions must be documented and evaluated at reasonable intervals. This information must be provided to the parents of the student.
It's important to note that if a student is already receiving special education services, but a different disability is suspected upon reevaluation, interventions must be in place and data collected as part of the evaluation process.

20. Interventions can be… PROGRAMS
Focused on a specific skill deficit determined by a diagnostic assessment
Evidenced-based and proven to work when implemented with fidelity
Provided by qualified person
LEARNING STRATEGIES
Evidence-based and proven to work when implemented with fidelity
Must be implemented with fidelity specific to the strategy being used (not all strategies require the same intensity and/or duration)
Read slide
It is necessary to have both programs and learning strategies in their RtI program.  Simply documenting small group, individual instruction or the area of concern such as reading comprehension is not sufficient.  Specific programs and strategies used as interventions must be documented and analysis of the results.

21. Data Collection Schedule
The effectiveness of services and instructional method is determined most efficiently when progress is measured frequently.
If Progress is Monitored
Then Effectiveness May
Daily, as part of instruction
Be determined within 2 weeks
Twice a week
Be determined within a month
Weekly
Be determined within a quarter
(~9 weeks)
Quarterly
Not be determined, even after a year
This is only a suggested schedule to determine instructional effectiveness.
Note: Teaching a skill once a week for 30 minutes is not likely to increase skill level or decrease challenging behavior
MONTHLY SHOULD ONLY BE USED BY OTs & PTs
An Administrator’s Guide to Measuring Achievement for Students with IEPs

22. Progress Monitoring Reasonable Intervals
Collection and comparison of data points to evaluate effectiveness of intervention and student progress
If performance is consistently around goal line,
continue intervention.
If at any time multiple data points fall below the goal line, change or modify the intervention
This is to be used as guidance for “What are reasonable intervals” please be sure to also follow your district guidelines
RtI must be individualized for each student’s particular needs.

23. Decisions are based on…
Data
Documentation
The foundation of quality interventions is based on data, documentation, and the analysis of each.
Analysis

24. Evaluation and Eligibility

25. 707 KAR 1:300 Section 4 (1)
An LEA shall ensure that a full and individual evaluation is conducted for each child considered for specially designed instruction and related services prior to the provision of the services
The law requires that students with a suspected disability are provided with a full and individual evaluation. It is imperative that the ARC review all required documentation in order to plan and conduct a full and individual evaluation.

26. 707 KAR 1:310 Section 1 (4) An LEA shall ensure that
information obtained from
these sources as appropriate
for each student, is
documented, and
carefully considered.
The ARC chairperson must ensure that information used to make decisions regarding the evaluation are documented. All necessary information such as RtI data, district, school and classroom assessments, parental input, etc must be documented and reviewed by the ARC.

27. Initial Evaluation If suspect a disability, develop evaluation plan
Obtain consent to evaluate
Note when 60 school days will occur
After the ARC accepts a referral for an evaluation for special education services, the ARC must develop an evaluation plan.
707 KAR 1:320 Section 2 states that the district will ensure that within 60 school days following the receipt of the parent consent that the child is evaluated and if eligible, specially designed instruction and related services will be provided in accordance with the IEP.
Begin count when parent signs consent to evaluate and it is received by the district. Then you have 60 school days until services begin.
The ARC chairperson ensures that all evaluations are completed

28. Evaluation
A process of gathering information about the child’s educational needs and abilities through individual tests, review of school work, and school records, behavioral observations, interviews, and rating scales
Once written permission from the parent is obtained, a team of people who work with the child will evaluate the child’s abilities and needs. They will use tests and procedures such as individual tests, review of school work, and school records, behavioral observations, interviews, and rating scales. All of these individual tests and procedures are used to be certain that the evaluation is valid.
The law says:
The child or youth will be individually evaluated at no cost to the parent.
The full and individual evaluation must be done by a team or group of people who are trained to give the tests and procedures and interpret the results. This is called a multidisciplinary team evaluation.
At least one of the people on the multidisciplinary team must have knowledge in the area of the disability the child is suspected to have.
Several different tests and procedures are to be used, not just one. Eligibility for specially designed instruction and related services cannot be based on a single test or procedure.
All tests must be given in the language a child uses and in a way that the child can best answer. This is called non-discriminatory testing.
When the evaluation is completed, the parent is invited to an ARC meeting to discuss the results of the evaluation.

29. Evaluation Planning/KY Consent
The ARC identified a suspected disability and planned an appropriate evaluation as documented on an Evaluation Plan and/or Consent for Evaluation Services…
A review, triangulation and analysis of the referral information (for initial evaluation) OR progress data of the child (for reevaluation); AND
the information was sufficient to support a suspected disability; AND
the tests and procedures necessary to assess the child.
In order to plan an appropriate evaluation, the ARC must review the completed Referral INCLUDING:
documented evidence of repeated assessments of achievement (e.g., universal screening; standardized group test data; curriculum-based assessment);  AND
documentation of the results of repeated assessments of achievement was provided to the parent: and
documented research-based interventions conducted in the suspect area (including an analysis of the data)

30. ARC reviews all data: Multi-Disciplinary Evaluation Report,
Evaluation Report(s)/Diagnostic Instruments,
Behavior Observations,
Social Developmental History,
Adaptive Behavior Assessments,
Rating Scales,
Classroom-based observations, etc…)
The evaluation information must align with the evaluation planning form previously completed by the ARC. The Kentucky Department of Education requires a minimum of two observations for all disability categories, EXCEPT SLD. These must be formal observations for all initial evaluations.

31. KDE’s Division of Learning Services (DLS) position is that behavior observations are required as part of the evaluation for every category of suspected disability.
- DLS Policy Letter, August 2010
Read slide
In 2010 KDE issued a policy letter regarding evaluation and eligibility. One of the areas identified in the letter is around observations. If you have not read the letter, please go to the KDE website or in the resource section of this training to obtain a copy of the letter.

32. Observations
The requirement for observations as part of the evaluation process is found in two sections of KY’s IDEA regulations:
707 KAR 1:300, Section 4(14)(b) and (c)
707 KAR 1:310, Section 1(3)
There are two sections of the KARs where observations are documented as part of the evaluation process
KDE interprets this to mean multiple observations. Remember for all initial evaluations, the observations must include at least two formal observations.

33. 707 KAR 1: 300 Section 14(b)(c)
As part of an initial evaluation, if appropriate, or as part of any reevaluation, the ARC and other qualified professionals shall review existing evaluation data on the child including:
(b) current classroom-based, local, or state assessments and classroom
observations; and
(c) observations by teachers and related service providers
Observations can include formal and informal observations. Both are very important to the evaluation and eligibility process.

34. Informal Observations
Types of Observations
Informal Observations
Formal Observations
Observations occur at a more formal level during the evaluation process as a source to help determine eligibility of services (planned for by the ARC and consent given by parent)
Observations occur during the evaluation planning process (RtI data, classroom assessments and work samples, anecdotal notes, teacher input)
Informal Observations are documentation you already have, they do not require consent, but provide very important information. This is information that is typically collected on an on-going basis such as progress monitoring data for RtI or IEP goals, anecdotal notes, and classwork samples.
Formal observations- often referred to as behavioral observations require parental consent prior to the observation. Formal observations are conducted by trained personnel identified by the district.

35. Observations also play a key role in answering the question of whether the disability has an adverse effect on the student’s educational progress
Adverse effect is defined in the Kentucky Regulations as the progress of the child is impeded by the disability to the extent that the educational performance is significantly and consistently below the level of similar age peers.
Educational performance includes the areas of academic, social and functional performance.

36. For reevaluation purposes, classroom-based observations include:
A combination of at least two forms of current informal teacher observations such as progress monitoring data, anecdotal notes, or documented teacher input
At least two formal teacher observations; or
A combination of both a and b.
Read the side.
If the ARC determines formal observations are needed, prior written parent consent must be obtained.

37. SLD Observations
As part of initial evaluations or reevaluations for SLD eligibility, at least 1 formal observation must be conducted
If there are multiple suspected areas for SLD, at least one formal observation must occur in each area
Updated 2017
The exception is the category of a Specific Learning Disability. For every evaluation, even if a reevaluation is a review of existing data, there must be at least two formal observations. Therefore , parental consent will always be required when an evaluation is conducted.  It is also important to know if there are multiple suspected areas under SLD such as reading fluency, reading comprehension and math calculation, there must be at least two formal observations and all suspected areas must be observed in those formal observations, meaning in this case, three formal observations might be necessary.

38. Parent Input.. ARC reviews and discusses evaluation and information brought by the parent(s) or completed by the parent(s).
Parent input is a required piece of every evaluation and eligibility decision. Parent input can be gathered through the social developmental history, adaptive rating scales, questionnaires, surveys.
Sometimes parents may have an outside evaluation conducted at their own expense and present this to the ARC. The ARC must consider this information, and can, if they choose use that as part of the evaluation documentation, but the ARC may also determine it is not appropriate to use as part of the educational decision as to whether or not this student has a suspected disability under IDEA.

39. Method for Determining Eligibility for Specific Learning Disability
The Admissions and Release Committee must decide at the evaluation planning stage if they intend to use:
the Response to Intervention (RtI) or
the Significant Discrepancy Method
*Based on district policies and procedures
***Slide updated Aug 2016*****
At the evaluation planning meeting, the ARC must decide whether they will use the Response to Intervention Method or the Significant Discrepancy Method to determine SLD eligibility. The decision as to which method to use cannot be made after the evaluation is conducted. This may have an impact on what type of assessments are completed and the data that needs to be collected.
  Remember, this decision is made during the evaluation stage and before SLD determination. It is important  to know and understand your district policies and procedures around evaluations for special education.  

40. Evaluation Results
Each ARC member has access to the evaluation results prior to the meeting.
The ARC reviews the integrated report to ascertain if all evaluations requested are included.
The ARC reviews the evaluation data and the specific criterion for the suspected disability on the eligibility form.
SEE THAT ALL PARTIES HAVE ACCESS TO A COPY OF ALL EVALUATIONS During the ARC meeting.
THE DISTRICT SHOULD HAVE POLICIES AND PROCEDURES IN PLACE FOR A WHEN THE PARENTS ARE GIVEN A COPY
THE ARC REVIEWS THE EVALUATION TO SEE IF ALL REQUESTED EVALUATIONS ARE PART OF THE REPORT OR AVAILABLE TO THE MEMBERS
THE ARC REVIEWS ALL EVALUATION DATA AND INPUT FROM THE PARENTS  AND THE SPECIFIC CRITERION FOR THE SUSPECTED DISABILITY

41. Reevaluation
Re-determining eligibility based on a new evaluation of the child at least every three years
Let's now take some time to discuss reevaluations.
Regulations require the school district to re-evaluate the child on or before the third anniversary of the meeting when the ARC determined the child eligible.  This review is the triennial review.  The ARC must meet with the parent or guardian to plan for this reevaluation.  Written permission is again obtained from the parent or guardian for any formal testing .

42. Why Reevaluate? Continuation of the disability
Disability continues to have an adverse effect on the student's educational performance
Continue to need special education services
reevaluation is needed to determine if the student continues to meet the eligibility requirements.
Read slide

43. Reevaluation Plan Conducted every three years (3 yr. anniversary)
Planned by the ARC in conformity with KAR 1:300, child find, evaluation, and reevaluation regulations
Requires informed written parental consent
REEVALUATION IS BASED ON THE INDIVIDUAL CHILD’S NEEDS ONCE AGAIN  NOT  JUST A BATTERY OF TEST
REEVALUATION SHOULD BE PLANNED BY THE ARC SAME AS THE INITIAL EVALUATION AND ACCORDING TO THE REGULATIONS GUIDING  EVALUATION. The ARC must review and document current data including IEP progress monitoring.
REEVALUATION SHALL BE CONDUCTED EVERY THREE YEARS UNLESS- Click on next slide

44. Reevaluation
The LEA shall not have to conduct a reevaluation if after review of the existing data, the ARC determines that a reevaluation is not necessary to determine:
Whether the child continues to be eligible for services,
Not warranted to determine the education or related service needs, and
The parents or teacher do not request a reevaluation
Updated 2017
READ TEXT;  
All existing data and current progress monitoring data must be documented. The ARC can review this documentation and determine no further testing is needed to determine eligibility. However, remember the observation requirements. There must still be at least 1 informal observations. If the disability is SLD the ARC must plan and get consent for at least 1 formal observations.

45. Reevaluation
ARC decides: What assessments, if any, are required for the reevaluation Note: Parent always has the right to request a reevaluation.
It's important to remember, that a parent can request a reevaluation even if the ARC determines it is not necessary.

46. Existing Data is Sufficient
Parent will be provided prior written notice of ARC decision that includes:
the reason it was decided that there is sufficient existing data;
there is no need for additional data; and
that the parent has the right to request an assessment.
If the district uses the Review of Existing Document on IC, this information is included. If not, the ARC must make sure this is documented. It is required by Kentucky Regulations.

47. Evaluation before Exiting
Reevaluation shall not be required before the termination of a child’s eligibility due to graduation with a regular diploma, or exceeding the age of eligibility
Reevaluation is required before determination that the student no longer needs special education
Reevaluation is required if the district exits the student with an Alternate Diploma prior to his/her 21st birthday
REEVALUATION IS REQUIRED BEFORE DISMISSAL FROM SPECIAL EDUCATIONAL SERVICES, HOWEVER THE ARC CAN DETERMINE WHAT THAT REEVALUATION CONSIST OF.
REEVALUATION IS TO BE DONE AT LEAST EVERY THREE YEARS , HOWEVER CAN BE DONE ANYTIME BEFORE IF THE STUDENT IS NOT MAKING EDUCATIONAL PROGRESS OR SOMETHING HAS HAPPENED IN THE CHILD’S LIFE THAT WOULD CHANGE NEEDS IN THE IEP
REEVALUATION IS NOT REQUIRED BEFORE THE TERMINATIONS OF A STUDENT’S ELIGIBILITY DUE TO GRADUATION WITH A DIPLOMA OR EXCEEDING THE AGE OF ELIGIBILITY. If the district PLANS TO EXIT THE STUDENT WITH A CERTIFICATE PRIOR TO THE STUDENT’S 21ST. BIRTHDAY, REEVALUATION IS REQUIRED.

49. Transfer Students
If a child with a disability, transfers between school districts within the same academic year within Kentucky and had an IEP in effect,
the child shall be provided a free and appropriate public education(FAPE), including services comparable to those described in the previous IEP.
These services shall be provided in consultation with the parents and until the LEA adopts the previous IEP or develops and implements a new IEP.
Read slide.
Comparable means the services provided will be as close as possible to those the student was receiving in the previous district until the ARC can meet and make the appropriate changes.
Remember, once the student is enrolled in your district, you are now responsible for the decisions made. It is important to review all previous information, collect any needed data, conduct assessments if needed, to make the appropriate decisions for the student.

50. Transfer Students in Evaluation Process
Evaluations and assessments of children with disabilities that transfer from one district to another in the same academic year shall be coordinated with the previous and current schools as necessary and as expeditiously as possible to ensure prompt completion of a full evaluation.
READ TEXT
This refers to students already in the referral or reevaluation process in previous school. If a student transfers to another district during the initial evaluation process, the 60 school day timeline is not in effect.  The receiving district must meet with the parents, review all documentation provided by the previous district, and develop a plan to complete the evaluation with an appropriate timeline to determine eligibility. This does not allow the district to delay identification and services.

51. Out of State Transfer Students
If a child with a disability transfers between school districts within the same academic year from outside the state and had an IEP in effect in another state,
the child shall be provided FAPE comparable to that described in the IEP until the LEA conducts an evaluation if determined necessary,
and develops, adopts, and implements a new IEP, If the child meets the eligibility criteria as defined in 707 KAR 1:280
If a student from out of state enrolls in a KY district with a current IEP , the district must provide a FAPE with comparable services, just like an in-state transfer. However, the ARC must determine KY eligibility. The eligibility requirements for certain categories differ from state to state. The ARC must treat this as an initial evaluation, unless previously identified in KY, and adhere to the 60 school day timeline.

52. Out of State Transfer Students
If a student enrolls in a KY district with a current IEP, the district must implement that IEP to the maximum extent possible
KY eligibility must be determined. The ARC must review all documentation to determine what evaluation information must be gathered
Remember: Read Slide

53. Regulations: Child With a Disability
A child with a disability is defined as a child who, after appropriate evaluation, meets the criteria for one of the thirteen disabilities of IDEA
If the child has met all the criteria for one of the 13 eligibility categories, then the ARC completes the decision at the bottom of all eligible forms.
The child has a disability which adversely affect educational performance and is eligible for specially designed instruction and related services. The student does not have a disability and is not eligible for specially designed instruction and related services.

54. Regulations: Child with a Disability
Autism
Deaf-Blindness
Developmental Delay
Emotional-Behavior Disability
Hearing impairment
Mental Disability (mild, moderate)
Multiple Disabilities
Orthopedic Impairment
Other Health Impairment
Specific Learning Disability
Speech or Language Impairment
Traumatic Brain Injury
Visual Impairment
There are 13 categories of disability in Kentucky.  Kentucky’s Disability categories include:
Autism
Deaf-Blindness
Developmental Delay
Emotional-Behavior Disability
Hearing impairment
Mental Disability (mild, Moderate/Severe or FMD)
Multiple Disabilities
Orthopedic Impairment
Other Health Impairment
Specific Learning Disability
Speech or Language Impairment
Traumatic Brain Injury
Visual Impairment
Activity 1:  Ask the participants to pair together to match the disability categories with the definitions of those categories.  To close the activity, ask, “Which category does a student age out of?”  (developmental disability)  “Which disabilities must the student have a below average cognitive ability or IQ?”  (mild mental disability, moderate mental disability)  “Which category does ADHD fall under?”  (Other Health Impairment)

55. Activity Answers Speech or Language Impairment
Functional Mental Disability
Emotional-Behavioral Disability
Multiple Disability
Traumatic Brain Injury
Autism
Visual Impairment
Mild Mental Disability
Other Health Impairment
Deaf-Blindness
Specific Learning Disability
Developmental Delay
Orthopedic Impairment
Hearing Impairment

56. Adverse Effect
Means that the progress of the child is impeded by the disability to the extent that the educational performance is significantly and consistently below the level of similar age peers. 707 KAR 1:280 Section 1 (2)
Educational performance reflects the total involvement of a child in the school environment; thus it includes social and emotional development, communication skills, and participation in classroom activities, as well as academic performance.
Compare student performance to peers – what are the educational performance expectations of non-disabled peers? How is the student performing in comparison?
Consistently – across settings and period of time
Significantly – isn’t defined in regulations; The RtI process should reveal that is student is performing significantly below same age peers.

57. Adverse Effect The important concepts within the definition are:
Progress is impeded by the disability
Educational performance is below similar age peers, both
-Significantly and
-Consistently
Is there an adverse effect in the basic skill(s) area?
Is the child performing significantly below age and grade norms?
According to Janna Osman, in the article Disability is Not Eligibility, 2005, significantly and consistently means your child is performing among the lowest 15% of students his/her age.
Using 3 different measures over a six month period.
Here are some examples of different measures:
Standardized test results
Report cards
Curriculum-based measures
Criterion referenced tests
Work Samples
State assessments
Behavior observations, checklists, etc.

58. Affected Areas May Include:
social interaction
behavior
emotional development
academic performance
vocational performance
participation in classroom activities and discussions
Observations can be conducted to document the adverse effect in this areas

59. 3 Prongs to Special Education Eligibility
3. Requires SDI
To review there are 3 prongs to special education eligibility.
1. Verified Disability
2. Document Adverse Effect

60. Individual Education Plan (IEP)

61. What is an (IEP) Individualized Education Program?
Required for every student with an identified disability
Refers to both the educational program and the actual document
Developed by the Admissions and Release Committee
So, what is IEP?
It stands for Individualized Education Program. IDEA (Special education legislation) requires public schools to develop an IEP for every student with a disability who is found to meet eligibility to receive special education and related services. The IEP describes the student’s needs and strengths, annual goals, specially designed Instruction and supplementary aids and services to address the needs of the student, modifications to the general education program and where and for how long services will be provided to the student in order to achieve goals. The IEP refers to both the educational program to be provided to a child with disability and to the written document that describes their educational program. An IEP is a legal contract between the school district and the the parent or guardian. One of the legal requirements for students with disabilities is the provision of a Free Appropriate Public Education (FAPE). The courts and laws have clarified that FAPE is provided in accordance with the child's IEP AND is “reasonably calculated to confer benefit.” (Board of Education of the Hendrick Hudson School District v. Rowley (1982))
As a school leader your role is to help all ARC members focus on meeting the compliance requirements of the IEP AND development of an individual plan that guides the process for meeting achievement and functional outcomes needed for each student. This process also guides the reducing the gap between the performance of each student and similar age peers. This planning should be a guide for supervision of the learning throughout the school year. Involvement in the ARC also provides you with critical information that guides other leadership functions throughout the school year. The focus on the plan just begins during the ARC meeting!
Throughout this training you will be asked to reference the Candace IEP sample. It is available at the through your coop and is attached to this training. We will pause within each component of the training and ask that you take time to study the Candace IEP before moving forward. We will also ask that you then reflect upon the practices and examples in your experiences. As your think about the sample IEP and your experiences, we will then give you guidance on how to measure progress in the development and implementation of the IEP. This will include looking at the Compliance Record Review Document for this school year. It is also located on the KDE website, under Exceptional Children > Special Education > Monitoring Documents. To fully measure school improvement, analyzing student growth as it relates to the student’s progress on mastering IEP goals, as well as progress on universal screeners, common assessments and state assessment results of each student. This process will assure all educators are working to meet the needs of each student.

62. What must be included in an IEP?
This graphic represents the IEP process. Notice the focus on the IEP as a process not an event. It is critical for student success that the development of an IEP not be a once a year event to complete the document call an IEP. The development of this document should be beginning of the process of planning and implementing the IEP to accomplish the learning goals for the student.
Notice the connections between the parts of the IEP and the sequence of guiding the discussion around the process. We begin with development of the Present Levels of Educational and Functional Performance. This is the section of the IEP where the ARC will use data from all ARC members to clearly state in measurable terms the current strengths and needs of the student in relationship to the standards and their peers. Present levels then guide the consideration of special factor and the development of annual goals. Annual goals are them the connection to short term objectives or benchmarks, methods of measurement, Specially designed instruction, supplementary aids and services, accommodations and determination of where services are provided.
As an ARC Chairperson or ARC member, each of the components must be discussed and decisions made as to the content of each component. Your guidance to encourage the general education teacher and the parents in discussion at this point will build the foundation for understanding of the student at later stages of the process. It is important to note that this is a process not an event that is completed once the IEP document is written. The process continues through the implementation and monitoring of the IEP. This progress data then become a critical component of the next IEP.

63. The IEP Team (called the ARC in Kentucky)
Who Develops the IEP?
Special Education
Teachers
Related Services Providers
Parents of the child with a disability are vital members of the IEP team, with an expertise to contribute like no one else’s.
Special educator, with knowledge of how to educate children with disabilities, are obviously a very important part of a child’s IEP team.
Either the parent or the school system may invite others to join the team, if they have knowledge or special expertise about the child. This can include related service providers.
Parents
ARC Chairperson
The IEP team must also include a representative of the school system, who has the authority to commit agency resources.
Evaluation Specialist
Students (when appropriate)
Regular educator, with knowledge of grade-level curriculum to provide access and progress in the general curriculum is an important team member
Evaluation Specialist can interpret the child’s evaluation results and discuss what they mean in terms of instruction.
Of course, the student with a disability might have something to say about his or her own education!
General Ed. Teachers
The IEP Team (called the ARC in Kentucky)
The IEP is developed by the ARC that consists of a team of individuals, including key school staff and the student’s parents. The team meets, reviews the assessment information available about the student, and designs an educational program (IEP) to address the student’s educational and functional needs relevant to the disability.
IDEA, the law that requires and outlines the special education process, describes the IEP team as including the following members:
the parents of the student; (parent input must be considered in IEP development and revision)
not less than one regular education teacher of the student; (should be a regular education teacher who works with the student in the general education courses or one who can provide information about general curriculum for same age peers)
not less than one special education teacher of the student; (dually certified teachers in grade K-12 may not serve multiple roles). For example, a special education teacher who is also certified in regular education cannot serve as the special education teacher and the regular education teacher. Preschool teachers who are Interdisciplinary Early Childhood can serve a dual role as the special education teacher and the regular education teacher.
a representative of the school district who is qualified to provide, or supervise the provision of specially designed instruction to meet the unique needs of students with disabilities; is knowledgeable about the general education curriculum; and is knowledgeable about the availability of resources of the public agency; ( this is usually a school leader like a Principal, counselor or other person given the authority to expend funds and assign staff) This role can not be a dual role for a person meeting one of the other assigned roles.
an individual who can interpret the instructional implications of evaluation results, when appropriate; ( this may be a dual role)
other individuals who have knowledge or special expertise regarding the student, including related services personnel, as appropriate; and
the student with a disability, when appropriate.
ARC membership is measured by matching the roles on the invitation to the signatures of those in attendance on the conference summary. ARC meeting should not be held without a fully constituted ARC.
A good IEP can take time and requires good data and good communication. Your role in this is to ensure that time for development of the IEP is arranged, that data is available to the ARC members and communication is open and beneficial to the process.

64. Student progress monitoring shows growth of IEP goals
Compliance Record Review Document shows that all components are developed appropriately
How do we know if the ARC is developing and implementing an IEP that guides student outcomes?
Student is College and Career Ready
How do we know if the ARC is developing and implementing an IEP that guides student outcomes?
To measure the legal and procedural development of an IEP, one tool is the use of record reviews to determine compliance. The current year Compliance Record Review document is available to show the criteria for compliance of each step of due process. The section of IEP development clarifies if the document is adequate to meet requirements. This tool is located on the KDE website and further training is available from your district or cooperative.
You can measure the student's progress on IEP goals by reviewing the progress data collected. It is critical that the review of this data be ongoing and that the data be used to drive instruction. If a student is not making progress toward goals and the changes to the instructional methods is not working, an ARC may need to convene to revisit the appropriateness of the IEP.
Student growth should also be measured as part of school wide procedures for evaluating all student progress. When universal screeners, district or school wide common assessments and state assessment data is used to guide continuous growth, students with disabilities should be included in this process. This allows for analysis on varying levels to calculate the degree of access to general curriculum and measures the reduction of the gap between this student and peers.
Measures of readiness for success in preparation for college and career success is critical to the future of all students. This may include many area of functional need as well as academic focus.
These measures assist ARC’s in looking at the student’s progress in discrete ways as well as long range. They also assist the ARC in fulfilling their responsibilities.
Student growth measured by school, district and state assessment
NM Cadre—Transition IEPs—April 27-28, 2006

65. How to complete Present Levels of Academic Achievement and Functional Performance documentation?
1. Identify the student's grade level standard
Using KAS/KYECS
2. Determine the student's current educational performance using student performance and baseline data
a. academic performance
b. functional performance
Using Student Performance Data
3. Check "Performance commensurate with similar age peers" if performing within the peer range
4. Describe:
a. relative strengths,
b. needs or concerns,
c. baseline performance
for each need or
concern
For Each Present Level Area
5. Describe how the student's performance affects involvement and progress in the general curriculum
Using the Present Level Statements
While ARC Chair may not be actually the one writing the present levels, it is important that they understand the process and know how to access the IEP Guidance Document for more detailed information. This document can be found on KDE’s website. Guiding the discussion to clarify these steps involves all parties in the development of the present levels.
The process includes:
  In step 1 Identify the standards for the grade level of the student. What are all students expected to know and be able to do?
Step 2 Using the student performance and baseline data, determine the student's educational performance in academic and functional areas.
For each area in the present level of performance determine If the student is performing within the range of academic and functional performance of nondisabled grade and age peers, and indicate that the student is commensurate with similar age peers and no additional information is needed. If the ARC wants to provide additional information, this may be documented in the Present levels or Conference Summary/Action Notice.
Step 4 uses the word “describe.” The ARC must describe relative strengths, need or concerns, and baseline data for each need or concern for any area that is not marked as commensurate with similar age peers. What does that mean? It means that we need more than just numbers. The ARC needs to provide an explanation of the data to provide a foundation for the other components of the IEP. So the Present Levels should include information about how the student learns.
Step 5 is about the impact of the disability on the student’s involvement and progress in the general curriculum. Describe how the students’ performance interferes with learning in each area of concern.
Review Candace’s Present level of performance and determine that all areas are marked as commensurate with similar age peers or that the information provided includes baseline data that describes the student's current status and the impact on the student’s involvement and progress in the general education curriculum. If you need more clarification, reference item 33 of the record review document.

66. Key Points of Definition Initial IEP Baseline Data Sources
Describes the student’s current performance of a skill or strategy
Measurable terms
Starting point for IEP instruction
Initial IEP Baseline Data Sources
Response to Intervention Data
Classroom-based assessments
Work samples
Classroom observations
Baseline Performance
Non-examples of Baseline Data Sources
IQ Scores
Standard scores of achievement
Doctor’s Diagnosis
Annual Review Baseline Data Sources
IEP Progress Monitoring Data
Work samples
Classroom-based assessments
We have mentioned baseline data as a requirement for a present level of performance statement. Let’s define and clarify this very important term.
In the first box, baseline performance describes the student’s current performance of a skill or strategy in measurable terms (e.g., words per minute, %
correct in 3 out of 5 trials, # minutes to sustain a behavior, level of prompts necessary to sustain a behavior). The baseline serves as a starting point for IEP
instruction.
The second box shows examples of baseline data for an initial IEP is based on student performance data, research based intervention data and instructional data within
the integrated assessment report.
Examples of baseline data for subsequent IEPs is based on IEP progress monitoring as described in the third box.
Non-examples of baseline data may include:
IQ Scores
Standard scores of achievement
Doctor’s Diagnosis
While the non-examples are may be included in present level information they are not baseline data and cannot generate goals.

67. Measurable Annual Goals
Goals focus on bridging the gap from
where the student is (baseline in present levels)
to where the student needs to be (goal)
relative to identified KAS/KYECS academic skills and the appropriate functional skills
Annual goals are statements of anticipated results to be achieved in a calendar year or less.
A goal relates directly to the student’s disability and pertains to needs described in Present Levels of Performance.
Goals focus on bridging the gap from where the student is (baseline in present levels) to where the student needs to be (goal) relative to identified KAS/KYECS academic skills and the appropriate functional skills.

68. How do we develop an annual goal statement?
1. Identify the grade level standards that all students are expected to know and be able to do
Using the KAS/KYECS
2. Identify the student's current educational performance (baseline instructional level)
Using the Present Levels
3. Prioritize the skill area(s) that will have the greatest impact
Prioritize
4. Write Measurable Annual Goals to include:
a. Audience
b. Behavior
c. Circumstances
d. Degree/Criterion
e. Evaluation/Method
of Measurement
f. Frequency
Write
Steps for Writing Annual Goals (UPDATED 2017)
The steps for writing standards-based goals are:
Using the KAS/KYEC, identify the grade level standards that all students are expected to know and be able to do, for example, if the student is in the 5th grade use the fifth grade KAS/KYECS; if the student is in the 10th grade use the 10th grade KAS/KYEC.  
Using the Present Levels, identify the student’s current educational performance or baseline instructional level.
Determine the student’s current academic performance by stating current baseline instructional level from KAS/KYEC.  As needed, consider prior grade level standards to identify prerequisite skills and content needed by the student.   
Determine the student’s current functional performance by stating current baseline instructional level.  Reference additional curricular tools as appropriate such as KAS/KYEC, Kentucky Practical Living/Vocational Studies, Character Education Document, Syracuse Community Reference Curriculum Guide, Expanded Core Curriculum for Visual Impairments. 
Prioritize the skill area(s) that will have the most powerful impact on accelerating student performance from his/her instructional level toward the identified age and grade level standards. 
What skill area(s) does the student need to improve in order to access and progress in the general curriculum?
What skill area(s) warrant remediation in order to advance the student toward grade level standards as well as promote access and progress in the general curriculum?
What other factors influence the prioritization of annual goals, such as the number of years left in school?
What behavior is most modifiable?
What are parent and student interests, such as toileting skills or leisure activities that have a positive impact on the family?
Write measurable annual goals to address the prioritized skill area(s).  Include the following components in each goal:
Audience
Behavior
Circumstance
Degree/Criterion
Evaluation/Method of Measurement
Frequency - (MONTHLY ONLY FOR OT/PT AS THEY MAY ONLY SEE STUDENTS MONTHLY, NOT APPROPRIATE FOR SPEECH)
Districts have a dual responsibility to address access to and progress in the general curriculum and remediate skills that are below grade level.

69. Annual Goals Methods of Measure
Four general methods of measurement are:
Curriculum Based Measurement
Direct Measures
Indirect Measures
Authentic Assessment
(Cannot stand alone)
As mentioned, goals and benchmarks must be measurable and written so behavior can be seen or counted. In addition, to make sure they are written appropriately, the IEP must include how they will be measured.
In general, the more specific the method of measurement the better.
Four general methods of measurement used for Progress Monitoring are:
Curriculum Based Measurement is an approach using probes to measure growth of student proficiency
Direct Measures involves direct observation of performance and recording of student response
Indirect Measures involves using scoring criteria to review performance of student
Authentic Assessment measures a student’s performance in tasks and situations that resemble real-life situations and real-life tasks

70. Specially Designed Instruction
Specially Designed Instruction (SDI)
in its simplest form is
“what the teacher does”
to instruct, assess, and re-teach the student.
The SDI describes what the teacher does, as appropriate, to adapt the content, the methodology, or the delivery of instruction.
SDI is based on peer-reviewed research to the extent possible.
Until now we were focused on the needs of the child in the present level section and setting the direction for meeting those needs in the measurable annual goal section. Now we will begin focus on services for the student.
Specially Designed Instruction (SDI) in its simplest form is “what the teacher does” to instruct, assess, and re-teach the student.  
Specially designed instruction is:
Systematically designed and implemented to address the assessed need(s) of the student
Necessary for the student to make progress toward the annual goal, rather than merely beneficial
Planned, designed and initially delivered by a special education teacher
Not available regularly in general education to the degree or intensity needed by the student
The ARC selects specially designed instruction according to the unique needs of the student. For additional examples, see the “IEP and Lesson Plan Development Handbook”. This document can be found on the KDE web page under Exceptional Children > Special Education > IEP and Guidance Documents

71. Supplementary Aids and Services (SAS)
SAS is “what the student needs” in order to attain goals and participate in the general curriculum
Supplementary Aids and Services (SAS) is what the student needs in order to attain goals, and make progress in the general curriculum, to participate in extracurricular and other nonacademic activities, and be educated and participate with other students with and without disabilities. SAS includes strategies, aids, and services. The decisions for SAS are supported by student performance data and are based on needs related to the disability in order to make progress toward annual goals.
The ARC identifies the specific materials, resources, aids, strategies or services the student requires in the general education environment or other education related settings to gain access to the general curriculum, indicated by student performance data. SAS are based on peer-reviewed research to the extent practicable. Given the adverse effect or the “so what statement”, Every student with a disability requires Supplementary Aids and Services.

72. Accommodations
 The ARC may identify assessment accommodations to participate in state or district-wide assessment if they are used consistently as a part of the student’s routine instruction and classroom assessment.
Assessment Accommodations
The ARC may identify assessment accommodations to participate in state or district-wide assessment if they are used consistently as a part of the student’s routine instruction and classroom assessment. Decisions concerning the use of assessment modifications are supported by student performance data and the IEP (Present Levels, Annual Goals, Short Term Objectives or Benchmarks, Specially Designed Instruction, Supplementary Aids and Services, and Related Services) and documented as Specially Designed Instruction or Supplementary Aids and Services.
Prior to entering the decisions on the IEP, the ARC may complete the Accommodations Determination Form in Infinite Campus to document the appropriate accommodations necessary for the student.
For students who are eligible for Alternate Assessment, the ARC must provide a statement of the decision and reasons for the decision, to determine the student met all criteria for “Eligibility for Alternate Assessment”. This decision is reviewed annually and documentation is completed at every annual review meeting KAR 1:320 § 5 (11), 34 CFR (a)(6)(ii)
Accommodations should be considered temporary strategies and be faded when appropriate as the student gains skills and knowledge. Accommodations shall be individualized and specifically designed to aid the student as the student learns, and faded and/or reduced as the student gains/demonstrates increased skill and greater independence.

73. Testing Accommodations
Readers Scribes Paraphrasing Use of technology and Special Equipment Extended Time Time and a Half Double Time Reinforcement and Behavioral Modifications Manipulative Interpreters
Possible testing accommodations are listed on the screen.
Extended time must now be documented as time and a half or double time. Prompting/cueing is no longer a testing accommodation.

74. Related Services
Transportation Psychological Services Counseling Parent Education Interpreting Orientation and Mobility Physical Therapy Speech and Language Therapy
Related services are those transportation and developmental, supportive, or corrective services which are needed by a student with a disability to benefit from special education. Related services complement and supplement the Specially Designed Instruction provided to the student. A partial list of related services is on the slide.
LRE is also determined for related services.

75. EXTENDED SCHOOL YEAR (ESY)
Beyond the district’s normal school day, week, or year
At no cost to parents
In accordance with the student’s IEP
Extended School Year (ESY) means Specially Designed Instruction and related services that are provided to a child with a disability beyond the normal school year in accordance with the child’s IEP at no cost to the parents.
ESY is provided on an individual student basis for the purposes of maintaining a student’s current skill level which, without continued instruction, would be lost or would require an inordinate time to regain as compared to similar age peers who are not disabled and who experience the same lapse in instruction. ESY services are not designed to teach new skills, to prevent natural amounts of regression, nor to assist the student to make additional progress in a skill. Rather, ESY is designed to maintain a student’s present level of performance and thus prevent an excessive period of recoupment. ESY is not limited to a particular category of disability. Further, a district may not unilaterally limit the type, amount or duration of the services. Local district procedures provide guidance for ARC determination of ESY services.

76. ESY A process for determining the need for ESY services may include:
IEP implementer(s) collects progress data before and after a school break
ARC considers progress data and applies criteria for ESY services
ARC determines regression and recoupment through analysis of data
If the need for ESY is determined, the ARC assigns ESY services for the specific IEP goal(s)
Data is critical for determination of ESY services. If the district does not have data (e.g., transfer student, summer to fall regression data is not available, student transitioning from Part C program with an IFSP), the need for ESY may be established by expert opinion based on assessment of the individual child regarding whether the child is projected to regress and fail to recoup previously attained skills within a certain period of time.

77. Placement and LRE
Placement

78. Least Restrictive Environment (LRE)
To the maximum extent appropriate, children with disabilities, including children in public and private institutions or other care facilities, are educated with children who are not disabled, and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.
IDEA Section 1412(5)(A)
The law is clear that students with disabilities should be educated with peers who are not disabled to the maximum extent appropriate.

79. Continuum of Services General Classroom
General Classroom with Co-teaching
Resource Setting
Special Class (Self-contained Classroom)
Specialized School Setting
Home/Hospital
The continuum of services is in place for all students with disabilities and all placement decisions are made by the ARC. The general education setting should always be considered first for every student, regardless of the disability.

80. Four Rules to LRE
Consider the regular education classroom for every student
Consider as possible modifications, aids, and services in regular education classroom
Consider special education class or resource room for part of day before considering special class full day
Consider a more restrictive placement if appropriate, those options being special schools, home instruction, hospitals or institutions
Read text
However, the arc must consider and document on the conference summary why each placement decision was made.
Example: why can’t this child’s goal in reading be implemented in the regular education setting and why the decision to implement in the chosen place is appropriate for the child

81. Location and Placement
The ARC reviews the Present Levels, Student Performance Data and Services identified on the IEP to determine the location of service provision.
The student’s disability does not determine the LRE/placement of the student. All ARC decisions including placement, must be made based on data. The ARC must use documented information in the IEP to make the placement decision.
IEP Guidance Document

82. Continuum of Services
All children have a right to continuum of services and placements to meet their individual needs.
Regular Education
Special Classes
Special Schools
Read slide as content pops up
Majority of students are served in the regular classroom for all or part of the school day.
Home Instruction
Institutions

83. Placement is Not Based on: Instructional Disability Methods Service
School
Organization
Instructional
Methods
Disability
The ARC will consider what is the least restrictive environment for the child based on the child’s IEP. Remember, the least restrictive environment is not the same for every child. The key questions in determining the least restrictive environment are:
What does the IEP say the child needs?
Where can the child receive what the IEP says he or she needs?
Where can the child receive what the IEP says and be with other children who do not have educational disabilities?
The ARC must always consider regular education classes in a regular school as the first option for placement. Where the child receives services depends on the kind of support the child needs.
The school district must obtain written permission (consent) from the parent or guardian before the child receives the IEP’s services.
Service
Availability
Curriculum
Content
Space
Availability

84. Placement: What or Where?
Placement is where the student will receive special education and related services.
Decisions must be made in conformity with the standard of least restrictive environment.
IDEA’s strong preference is that to maximum extent appropriate, students educated in regular setting with non- disabled peers.
The decision as to where the IEP will be implemented, how it will be monitored, reviewed, revised, how and when
progress will be reported to parents is all documented on the IEP.
If the decision can’t be fully documented on the IEP itself you should sufficiently cover it on the conference summary.
Remember the IEP is the child’s program which the ARC is legally responsible to see that it is provided as written.

85. Transition - Secondary

86. Post-Secondary Transition
At the age of 14, or during the child’s 8th grade year, the child should be invited to the meeting
During the student’s 8th grade year, or age 14, the IEP must include transition service needs based upon the child’s preference and interest
Also, at this time a Multi-year course of study must be developed. This a description of coursework from the student’s current school year to the anticipated exit year designed to meet the student’s desired post-school goal, all grade levels must be filled in.
A few of the sub-indicators begin at age 14 and the remaining begin at age 16.
READ the bullets on the slide.
Once transition data is gathered and reviewed, the ARC begins the discussion of post-secondary transition needs (Transition present level statement)for each student with a disability. The ARC must address transition needs beginning at age 14 or younger, if determined appropriate by the ARC. Transition planning addresses issues related to dropout prevention, students needs with regard to transitioning from grade to grade, and helping the student plan his/her course of study so that the classes the student takes will lead to his/her post school goals.
Transition data may include age-appropriate formal, informal and parent assessments (incl. EPAS), the ILP - Individual Learning Plan (i.e., career interests, learning styles, aptitude assessments, and career goals) and a multi-year course of study completed through the year of graduation or exiting high school.
The ARC documents the transition service needs in the Present Level of Performance within the Transition Needs section of the IEP. This section is never left blank in an IEP for a student by the time the student turns 14 or is in the 8th grade (whichever comes first). This area of the IEP can be addressed prior to age 14 or grade 8 ( complete for 13 yr. - old students turning 14 before the next annual review).

87. Student is Invited…
The student is invited to the ARC meeting where transition services will be discussed.
For Post-Secondary Transition Purposes, for students in the 8th grade or age 14 and older, they are to be invited if purpose of the meeting is to discuss “Post-Secondary Transition Needs”
Notice of ARC Meeting MUST include the student (check the student box on the notice). A student does not have to attend the ARC; however, he/she is encouraged to attend. The ARC documentation must show how the student participated in Transition Planning whether or not the student attended the meeting. Be sure the student signs the conference summary if in attendance.

88. Post-Secondary Transition Services
For transition services likely to be provided or paid for by another agency, the other agency is invited to send a representative, if appropriate.
If an agency was invited to send a representative signed Consent for Outside Agency Invitation is included.
Updated 2017
By age 16 and older, the ARC needs to address whether or not to invite outside agencies to assist with Transition Planning. If outside agencies are needed documentation includes a signed, dated parent(s) (or emancipated youth) Consent for Outside Agency Invitation. This consent form must be obtained prior to the Notice of Admissions and Release Committee Meeting. If a representative of an outside agency is likely to be responsible for providing or paying for transition services they should be invited to the ARC meeting.
If no outside agency is needed the ARC must document this decision. This is done in the conference summary and on the invitation for the meeting.
If another agency is likely to provide or pay for the services that are needed to assist the student in reaching postsecondary goals, that agency is listed as one of the agencies responsible and the ARC documents the need to invite the outside agency.
The ARC must request and receive signed consent from the parent or emancipated youth to invite the outside agency PRIOR to attending an ARC meeting when Transition services be addressed. (THIS MUST BE SIGNED AGAIN BY THE STUDENT WHEN HE/SHE TURNS 18, THE PARENT CONSENT IS NO LONGER VALID)

89. Post-Secondary Transition Goals
Includes postsecondary goals to cover two (2) areas, education/training and employment, and a third goal as needed for independent living
Are updated annually
Example:
After graduation, John’s goal is to enroll in courses at the Community and Technical College to be able to work in the field of medical technology as a lab technician.
By the student’s 16th birthday the IEP must include a measurable postsecondary goal related to both education and/or training and employment and independent living where appropriate. This is the student's goal after high school. This takes some prior planning because it must be on the IEP the day the student turns 16. I highly recommend that the conference summary notes include what assessments were used to develop the post secondary goals.
Postsecondary goals must be measurable and intended to occur after the student graduates from high school. ***Independent Living covers the where & how.

91. Intervention Resources
National Center of Response to Intervention:
National Center of Learning Disabilities:
Intervention Central
National Center on Student Progress Monitoring
***Slide updated Aug 2016*****
This concludes the module on Interventions for ARC chairpersons. The next two slides provide resources that may be helpful.

92. KDE Resources www.education.ky.gov
Eligibility Policy Letter and Webinar
Procedural Safeguards (Parent Rights)
Guidance Document for IEP Development
IEP and Lesson Plan Development Handbook
KSI/RtI Document and Resources
SLD Eligibility Guidance Document
Collaborative Teaching Practices Q and A
Restraint and Seclusion Q and A
Compliance Record Review Document (updated annually)
KSIS Data Standards standards.aspx
Move to resources section

93. A Guide To The Kentucky System Of Interventions (KSI)
KDE has a guidance document which help look at resources and process