1. Special Education Procedures Pre-Referral Through IEP
Alleghany County Schools
October 21, 2016

2. Special Education
Approximately 7 million students in the U.S. are currently receiving special education and related services
A “child with a disability” is a student who meets the eligibility criteria for one of 13 categories of disability and who, by reason thereof, needs special education and related services. 20 U.S.C. 1401(3).

3. Individuals with Disabilities Education Act
A federal law enacted in 1990 and reauthorized in 1997 and It is designed to protect the rights of students with disabilities by ensuring that everyone receives a free appropriate public education (FAPE), regardless of ability.

4. Purpose of the IDEA
1. To ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living.
2. To ensure that the rights of children with disabilities and parents of such children are protected.
3. To assist states, localities, educational service agencies, and federal agencies to provide for the education of all children with disabilities.
Lets review the purpose of IDEA, as that will guide us as we go through presentation.

5. Purpose of the IDEA
4.To assist States in the implementation of a statewide, comprehensive, coordinated, multidisciplinary, interagency system of early intervention services for infants and toddlers with disabilities and their families.
5. To ensure that educators and parents have the necessary tools to improve educational results for children with disabilities by supporting system improvement activities; coordinated research and personnel preparation; coordinated technical assistance, dissemination, and support; and technology development and media services; and
6. To assess and ensure the effectiveness of instruction for children with disabilities.

6. Section 504 of the Rehabilitation Act
Protection for individuals with disabilities
Civil rights statute that requires the needs of students with disabilities to be met as adequately as the needs of non-disabled students are met.

7. Identification and Placement of Special Needs Students
General Education and Core Instruction Supplemental Instruction
Referral
Evaluation
Eligibility
Re-Evaluation
Annual Review
Placement
IEP

8. Breaking Apart Policies

9. Team Sharing
Red Group
Parental Consent
Referral

10. Parental Consent
Informed, signed, parental consent must be received in order for a school to proceed with the evaluation process.
The state must identify, locate and evaluate children to determine Child find is the process used to identify, locate and evaluate children to determine their eligibility for services funded by Individuals with Disabilities Education Act (IDEA).
Who would like to share activities they use on at their school or reservation?
Examples
Fun Run
Completed before school starts
TV stations
At HeadStart programs
Make sure you have an evaluation process before proceeding.

11. Consent for Initial Evaluation
Parents must give “informed consent” to an initial evaluation.
The LEA may initiate a due process hearing and/or mediation if the parent refuses to give consent.
If the parent refuses to consent, the LEA is not liable for failure to provide FAPE and is not required to convene an IEP meeting.
20 U.S.C. 1414(a)(1)(D).

12. Consent for Initial Evaluation
Informed written consent
The parent has been fully informed in his or her native language or other mode of communication
The parent understands and agrees in writing to the activity for which his or her consent is sought
The parent understands that consent is voluntary and may be revoked at any time

13. Consent for Initial Evaluation
Reasonable efforts:
Detailed records of telephone calls made or attempted and results of those calls
Copies of correspondence sent to the parents and any responses received; and
Detailed records of visits made to the parent’s home or place of employment and the results of those visits

14. Exceptions to Consent
The school is not required to obtain parental consent if:
Despite reasonable efforts to do so, the school cannot discover the whereabouts of the parents.
Parental rights have been legally terminated;
A judge has appointed a legal representative for the child who has given consent (e.g., a guardian ad litem).
20 U.S.C. 1414(a)(D)(iii).

15. Referral Typically referred by school personnel or by child’s parents
Referral should be in writing
PK referral should be given to PK Coordinator
IEP team meets to determine if all of the components of the general education program have been considered and identify any areas of suspected disability
IEP team completes Prior Written Notice and submits to parents

16. Child Find
The State must have in effect policies and procedures to ensure that…
All children with disabilities residing in NC, including children with disabilities who are homeless children or are wards of the state, and children with disabilities attending private schools, regardless of the severity of their disability, and who are in need of special education and related services, are identified, located, and evaluated
Child Find also includes children who are suspected of being a “child with a disability” and in need of special education and related services, even though they are advancing from grade to grade, and highly mobile children, including migrant children
The state must identify, locate and evaluate children to determine Child find is the process used to identify, locate and evaluate children to determine their eligibility for services funded by Individuals with Disabilities Education Act (IDEA).
Who would like to share activities they use on at their school or reservation?
Examples
Fun Run
Completed before school starts
TV stations
At HeadStart programs
Make sure you have an evaluation process before proceeding.

17. Team Sharing
Blue Group
Initial Evaluations
Evaluation Procedures

18. Initial Evaluation Requirements
A child must be assessed in all areas of a suspected disability
Evaluations to determine whether a child has a disability MUST consist of more than one test and must be in the language that the child uses
If parents/guardians disagree with the school’s evaluation results, an independent educational evaluation (IEE) can be requested at the school system’s expense. These results must be considered by the IEP team.
Request for an initial special education evaluation 34 CFR § (b)
The parent of the child; or
The public agency (staff acting for the agency, i.e., SEA, LEA, etc.)
Screening of a student to determine appropriate instructional strategies for curriculum implementation not considered a part of the evaluation process, no parental consent required (70 Red. Reg )
Difference between the referral of a child to the special education process and the request for an initial evaluation (71 Fed. Reg )
Referrals are permitted from any source that suspects the child may be eligible for special education and related services
Initiating a request for an evaluation is limited to the parents and public agency

19. Initial Evaluation
The school district (LEA) must conduct a “full and individual” evaluation before the initial provision of special education and related services to a child with a disability. 34 C.F.R (a)
Parents or school officials may initiate a request for a special education evaluation. 20 U.S.C. 1414(a)(1), 34 C.F.R (b).
The initial evaluation must be conducted within 90 calendar days of receiving a written referral. 20 U.S.C.1414(a)(1)(C), 34 C.F.R (c).
Each public agency must conduct a “full and individual” initial evaluation before the
initial provision of special education and related services to a child with a disability. 34
C.F.R (a).
Either a parent of a public agency may initiate a request for an initial evaluation to
determine if a child is a “child with a disability.” 34 C.F.R (b).
The initial evaluation must be conducted within 60 days of receiving parental consent for the evaluation (or within the specific timeframe set by a State). 34 C.F.R (c).
The timeframe does not apply if the parent of a child repeatedly fails or refuses to
produce the child for an evaluation or the child moves to another school district during the evaluation process but before the final eligibility determination is completed. 34 C.F.R (d).
Screening by a teacher or specialist to determine appropriate instructional strategies for
curriculum implementation is not an eligibility evaluation. 34 C.F.R
The public agency must provide notice to the parents of a child with a disability that
describes any evaluation procedures the agency proposes to conduct. 34 C.F.R

20. Initial Evaluation
LEA must use a variety of assessment tools and strategies
LEA may not use any single measure or assessment as the sole criterion for eligibility;
IEP team must review existing evaluation data, including:
Information provided by the parents,
Current assessments and classroom observations.
20 U.S.C. 1414(b) and(c).
Conduct of the Evaluation (34 C.F.R ):
1. The public agency must use a variety of assessment tools and strategies
to gather relevant functional, development, and academic information
about the child, including information provided by the parent, that may
assist in determining whether the child is a “child with a disability” and
the content of the child’s IEP and placement.
2. The public agency must not use any single measure of assessment as the
sole criterion for determining whether a child is a “child with a
disability” and for determining an appropriate educational program for
the child.
3. The public agency must use technically sound instruments that may
assess the relative contribution of cognitive and behavioral factors, in
addition to physical or developmental factors.
4. The public agency must ensure that assessments and other evaluation
materials are selected and administered so as not to be discriminatory on
a racial or cultural basis and are provided and administered in the child’s
native language or other mode of communication and in the form most
likely to yield accurate information on what the child knows and can do
academically, developmentally, and functionally, unless it is clearly not
feasible to so provide or administer.
5. Assessments must be used for the purposes for which the assessments or
measures are valid and reliable, and not merely designed to produce a
single general intelligence quotient.
6. Assessments must be administered by trained and knowledgeable
personnel in accordance with any instructions provided by the producer
of the assessments.
7. Assessments must be selected and administered so as best to ensure that
if an assessment is administered to a child with impaired sensory,
manual, or speaking sills, the assessment results accurately reflect the
child’s aptitude or achievement level or whatever other factors the test
purports to measure, rather than reflecting the child’s impaired sensory,
manual, or speaking skills (unless that is what the test is designed to
measure).
8. The child must be assessed in all areas related to the suspected disability,
including, if appropriate, health, vision, hearing, social and emotional
status, general intelligence, academic performance, communicative
status, and motor abilities.
9. The evaluation must be sufficiently comprehensive to identify all of the
child’s special education and related services needs, whether or not
commonly linked to the disability category in which the child has been
classified.

21. Initial Evaluation Cont’d
Additional data needed to discover:
Whether the child is a “child with a disability”;
The child’s educational needs;
The child’s present levels of academic achievement and related developmental needs;
The child’s need for special education and related services; and
Whether any additions or modifications to the special education and related services are needed to enable the child to meet the measurable annual goals set out in the child’s IEP to participate, as appropriate, in the general education curriculum
Additional Data Needed (needed assessments and evaluations are identified) to discover:
Whether the child is a “child with a disability”;
The child’s educational needs;
The child’s present levels of academic achievement and related developmental needs;
The child’s need for special education and related services; and
Whether any additions or modifications to the special education and related services are needed to enable the child to meet the measurable annual goals set out in the child’s IEP to participate, as appropriate, in the general education curriculum

22. IDEA Evaluation Requirements
Ensure that tests and evaluation materials are administered by trained and knowledgeable personnel and are administered consistent with any instructions provided by the producer of the tests;
Ensure that assessments and other evaluation materials include those tailored to assess specific areas of educational need and not merely those that are designed to provide a single general intelligence quotient;
Ensure that assessments are selected and administered so as best to ensure that the results accurately reflect the child’s aptitude or achievement level or whatever other factors the test purports to measure, rather than reflecting the child’s impaired sensory, manual or speaking skills (unless those skills are the factors that the test purports to measure);

23. Procedural Safeguards & Prior Written Notice
School provides parents a copy of the procedural safeguards notice Notice of Procedural Safeguards Revised 34 CFR §
Prior Written Notice 34 CFR §§ (a)
The school must notify the parent in writing that it either intends to, or refuses to, evaluate the child to determine if he or she is eligible for special education services funded by IDEA
The notice has to describe why the school is proposing or refusing to take the action, and it must describe each evaluation procedure, assessment, record or report that is used as a basis for the action
The notice must describe any evaluation procedures that the school proposes to conduct (and the other specific requirements for the content for the PWN).
School provides parents a copy of the procedural safeguards notice (BIE Notice of Procedural Safeguards Revised 2011) §
when the child is initially referred for special education evaluation or when the parents make an initial request to have their child evaluated for special education services 34 CFR
A copy of the procedural safeguards notice must be given to the parents of a
child with a disability only one time per school year.
Exception: A copy of the rights must be given to the parents upon initial referral
and each time they request an evaluation, file a State complaint or initiate a due
process hearing, when the child is subject to a disciplinary change of placement,
and upon the request of the parent.

24. Team Sharing
Green Group
Existing Data
Eligibility

25. The Eligibility “Trio”
Does the child’s condition:
Have at least one listed disability
Adversely affect educational performance, and
By reason thereof, does he or she require special
education.

26. Review of Existing Data:
Information that would be relevant to a child’s eligibility determination
The child’s educational needs
Evaluations
Current classroom-based assessments and observations
Current state and local assessments
Observations by teachers and related service providers
Other relevant input
Parental input and any outside evaluation or medical history provided by the parent

27. Additional Data Needed
Needed assessments and evaluations are identified to discover:
Whether the child is a “child with a disability”;
The child’s educational needs;
The child’s present levels of academic achievement and related developmental needs;
The child’s need for special education and related services; and
Whether any additions or modifications to the special education and related services are needed to enable the child to meet the measurable annual goals set out in the child’s IEP to participate, as appropriate, in the general education curriculum

28. Special Rule for Eligibility Determination
A child shall not be determined to be a “child with a disability” if the major factor in the eligibility determination is:
A lack of scientifically based instruction in reading or math
Limited English proficiency
The child does not meet the eligibility criteria
20 U.S.C. 1414(b)(5).
A child must not be determined to be a “child with a disability” if the determinant factor
for that determination is:
1. A lack of appropriate instruction in reading, including the essential components of
reading instruction as defined by the No Child Left Behind Act;
2. A lack of appropriate instruction in math;
3. Limited English proficiency; or
4. The child does not otherwise meet the eligibility criteria.

29. Team Sharing Yellow Group Individualized Education Program Placement
IEP Team

30. Individualized Education Program
Specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability.
Also includes related services, transition services and vocational education
Special education means specially designed instruction, at no cost to the parents, to meet
the unique needs of a child with a disability, including: 10
1. Instruction conducted in the classroom, in the home, in hospitals and institutions,
Instruction in physical education.
3. Special education also includes the following:
a. Speech-language pathology services, or any other related service, if the
service is considered special education rather than a related service under
State standards;
b. Travel training; and
c. Vocational education.

31. Related Services
Transportation, and supportive services that are required to assist a child with a disability to benefit from special education
Transportation
Speech/Language therapy
Occupational Therapy
Physical Therapy
Counseling
Social work services
Related services means transportation and such developmental, corrective, and
other supportive services as are required to assist a child with a disability to
benefit from special education, and includes speech-language pathology and
audiology services, interpreting services, psychological services, physical and
occupational therapy, recreation, including therapeutic recreation, early
identification and assessment of disabilities in children, counseling services,
including rehabilitation counseling, orientation and mobility services, and
medical services for diagnostic or evaluation purposes. Related services also
include school health services and school nurse services, social work services in
schools, and parent counseling and training. Exception – services that apply to
children with surgically implanted devices, including cochlear implants.

32. Who is Required to Attend an Eligibility Meeting??
Showdown…..
Who is Required to Attend an Eligibility Meeting??
Using a whiteboard write down required IEP team member
Keep answers private

33. IEP Team Members When can an IEP team member be excused?? Parent
Regular Education Teacher
LEA Representative
Individual to interpret test results (psychologist, speech language pathologist, remedial reading teacher)
Student >age 14
When can an IEP team member be excused??

34. PLACEMENT

35. Placement
In determining the education placement of a child with a disability…..
The placement decision –
is made by a group of persons, including the parents and other persons knowledgeable about the child, the meaning of the evaluation data, and the placement options; and
is made in conformity with the LRE requirements
The child’s placement -
is determined at least annually
is based on the child’s IEP; and
is as close as possible to the child’s home
IEP Teams and the Development of the IEP (34 C.F.R – )
A. The IEP Team
1. The parents;
2. A regular education teacher of the child (if the child is, or may be, participating in
the regular education environment).
3. A special education teacher (or related services provider, if the student is not
receiving specialized instruction).
4. A representative of the school district (LEA) who is:
a. Qualified to provide, or to supervise, the provision of special education;
b. Knowledgeable about the general education curriculum;
c. Knowledgeable about the availability of resources of the LEA.
5. An interpreter of the evaluation results.
6. The child, if appropriate.
7. Other individuals at either party’s request.

36. Placement Cont’d
Unless the IEP of a child with a disability requires some other arrangement, the child is educated in the school that he or she would attend if nondisabled.
In selecting the LRE, consideration is given to any potential harmful effect on the child, or on the quality of services that he or she needs; and
A child with a disability is not removed from education in age-appropriate regular classrooms solely because of needed modifications in the general education curriculum.

37. Least restrictive environment
LRE
To the maximum extent appropriate, children with disabilities, including children in public or 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 when the nature or severity of the disability of a child is such that education in regular classes wit the use of supplementary aids and services cannot be achieved satisfactorily.
Note: “Regular educational environment” encompasses regular classroom and other settings in schools such as lunchrooms and playgrounds in which children without disabilities participate. Analysis of Comments and Changes to 2006 IDEA Part B Regulations, 71 Fed. Reg (2006
Least restrictive environment
To the maximum extent appropriate, children with disabilities, including children in public or 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 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.
LRE applies to extracurricular and nonacademic services under 34 CFR

38. Placement Matters
In Letter to Cohen, (OSEP 1996), OSEP stated that the law required that “first consideration” must be given to placement in a regular classroom with any necessary supplemental aids and services to make that placement successful before considering more restrictive placement options.

39. Least Restrictive Most restrictive
Regular education with weekly monitoring from a special education teacher
Regular education with daily consultation from a special education teacher.
Regular education with special education services and supports that are aligned with the general curriculum
Regular education with special education services provided for part of the day in a resource room or a special education classroom
Self-contained special education classroom
Special day school (outside school campus)
Residential treatment facility
Hospital
Detention facility

40. Continuum of Alternative Placements
Regular, Resource or Separate?
Resource Room
Inclusion/Co-Taught Classroom
Study Skills
Learning Needs Classroom-OCS
STAR Program
Self Contained Life Skills Classroom
Continuum of Alternative Placements

41. Team Sharing
Orange Group
Annual Review
Reevaluations

42. Development, Review and Revision of IEP

43. Development of IEP The IEP Team must consider Child’s strengths
Parental concerns
Results of initial or most recent evaluation
Academic, developmental and functional needs of the child
Positive behavioral interventions as needed
Language needs of the child
Vision services as needed
Communication needs
****Amendments to existing IEP made as needed

44. Annual Reviews
IEP must be reviewed no less than annually and revised to reflect:
Any lack of progress toward annual goals
Results of any reevaluation
Child’s anticipated needs
Special factors; behavior, language, communication and vision needs

45. IEP must be reviewed no less than annually and revised to reflect:
Any lack of progress toward annual goals
Results of any reevaluation
Child’s anticipated needs
Special factors; behavior, language, communication and vision needs

46. REEVALUATION

47. Reevaluations
The process of examining existing data and gathering additional data in order to;
Determine continuing eligibility for special education
Assure that individual needs of a student are identified
Assure appropriate educational programming
Cannot occur more than once per year unless parent and LEA agree

48. When Must Students Be Reevaluated
At least every three years
Children with DD must be reevaluated prior to turning eight or before third grade, whichever comes first
When a parent or teacher requests additional data
Before adding or removing a related service
Before exiting a student from special education except;
When parent revokes consent
Child graduates with a regular diploma
The child exceeds the age of eligibility