1. 1 Newark Public Schools Office of Special Educations Professional Development Center Marion Bolden, Superintendent Anzella Nelms, Deputy Superintendent Alyson Barillari, Associate Superintendent Thomas Dugan, Director OUR GOAL IS BEST PRACTICES IN NEWARKS SPECIAL EDUCATION PROGRAMS Professional Development Staff For Code & Procedures Questions call: Mitchel Gerry, Mary Hart, Sakinah Springs, or Sandy Bruno at (973) 350-5811 For Technology Questions call Joe Fonseca at (973) 481-5398

2. 2 This Presentation Will Focus On The Process Involved In Special Education Referrals to Special Education Placements & Why It Seems To Take So Long!

3. 3 Topics to be Covered in this Presentation: Special Education ReferralsIdentification Meetings Legal-Mandated TimeframesDisabling Conditions ProgramsPlacements

4. 4 When Should Students be Classified & Placed in Special Education Programs? Only when a student has one of the 13 disabling conditions specified in state and federal regulations are they allowed to be classified and placed in special education programs! The need for extra help or the inability of regular education interventions to meet a students education needs are not sufficient reasons to classify students and place them in special education programs!

5. 5 Code Mandated Timelines that CST Members must follow that adds to the Lengthy Process The case manager must notify parent(s) at least 15 days The case manager must notify parent(s) at least 15 days before all meetings and notify them at least three times; before all meetings and notify them at least three times; A total of 90 calendar days is allowed to complete evaluations, A total of 90 calendar days is allowed to complete evaluations, conduct Eligibility/IEP meeting and place a student - 60 days conduct Eligibility/IEP meeting and place a student - 60 days for evaluations + eligibility decision & 30 days for IEP/placement) for evaluations + eligibility decision & 30 days for IEP/placement) After each of these meetings (e.g. identification, reevaluation determination, eligibility, IEP development, etc.) the parent(s) must be given 15 calendar days After each of these meetings (e.g. identification, reevaluation determination, eligibility, IEP development, etc.) the parent(s) must be given 15 calendar days to consider the decision. to consider the decision.

6. 6 When Should Students be Referred for Special Education Evaluations? If regular education interventions (e.g. PRC/504, WSR –SW, Guidance Counselors, Tutors, etc.) have been documented & unsuccessful.

7. 7 How can a Student be Referred for a Special Education Evaluation? There are two ways a student can be referred for a special education evaluation: 1. A staff member can completely fill out the appropriate referral form 2. A parent and/or agency concerned with the welfare of children can refer students directly for a special education evaluation and the staff must still fill out referral form

8. 8 Students Teacher Fills Out Students Teacher Circulates & Other Staff Fill Out

9. 9 What Happens after a Special Education Referral is made? The complete child study team must convene an identification meeting with the parent(s) & the students teacher within 20 calendar days of the completed referral. The school nurse must submit all medical information to the child study team.

10. 10 What Happens at the Identification Meeting? Review all available data (e.g. cumulative & medical records, standardized test scores, current work samples, etc.) Review all available data (e.g. cumulative & medical records, standardized test scores, current work samples, etc.) If the decision is to evaluate the student, the types of evaluations that are required must be delineated on the notice form & the PARENT MUST GIVE WRITTEN PERMISSION. If the decision is not to evaluate the student, the reason(s) why & recommendations must be specified on the notice form. Decide whether the student should be evaluated (this will only occur if the student is suspected of having one of the 13 disabling conditions delineated in the code). Decide whether the student should be evaluated (this will only occur if the student is suspected of having one of the 13 disabling conditions delineated in the code).

11. 11 Within 90 days All evaluations must be completed All evaluations must be completed Reports written and sent to parents Reports written and sent to parents The eligibility decision is made and if eligible The eligibility decision is made and if eligible The IEP must be developed and implemented. The IEP must be developed and implemented. What Happens Next ?

12. 12 What Happens at the Eligibility Meeting? Only students who have one the 13 disabling conditions listed in the code can be classified. The case manager, at least one CST member who evaluated the student, the current teacher, and the parent must decide whether to classify the student. There are only two classifications in New Jersey: 1. Eligible for special education & related services, or 2. Eligible for speech & language services

13. 13 What are the 13 Disabling Conditions that can result in a Student being Classified? Auditorily Impaired Autistic Cognitively Impaired Communication Impaired Emotionally Disturbed Multiply Disabled Other Health Impaired Orthopedically Impaired Preschool Disabled Social Maladjustment Specific Learning Disability Traumatic Brain Injury Visually Impaired

14. 14 What Dictates a Students Special Education Program/Placement? Students are placed in special education programs/placements according to their educational needs. The students disabling condition does not dictate the type of program/placement. Students with a variety of disabilities can be placed in the same program/placement.

15. 15 After a student is classified, when & where will they be placed? Placements The IEP team (case manager, regular education teacher, a special education teacher, the parent(s), & the student if appropriate), meets to develop an IEP. The IEP delineates all services and supports the classified student needs, including the special education program. Once the IEP is developed, the case manager contacts the Office of Special Education for schools that have this program for parents to visit.

16. 16 What happens if the parent refuses the program/placement? Parental Refusal The U.S. Department of Education has ruled that a parent can not be brought to a due process hearing to force a special education placement if the parent refuses to sign consent to implement the initial IEP. The parent completes the Parental Refusal for Special Education form. Parental Refusal form can only be used at the time of the initial IEP.

17. 17 IEP Teams Should Capitalize on NCLBs, IDEAs, & Abbott Mandates, as well as NPSs Priority to Increase Programs & Placements in Neighborhood Schools! Given space limitations in many of our schools, as well as Special Education and Abbott limits on class sizes, IEP teams may want to seriously consider an in-class resource program, which is one of the Least Restrictive Programs/Placements. Least Restrictive Environment (LRE) Since the neighborhood school is accountable for each special education students test scores, school-based staff may want to seriously consider developing and implementing special education programs in their school; and

18. 18 The following is an example of how special education students and their respective schools can benefit from an In-Class Resource Center A similar type of logic could also be applied for all grades. For example, in an in-class resource center, no more than 6 special education students can be placed in an elementary class and no more than 9 special education students can be placed in a secondary schools. Least Restrictive Environment (LRE) - Example In a K-3 class, there is an Abbott limit of 21 students. If we placed 6 special education students in these classes, the number of regular education students would be limited to 15. The class would then have a full-time regular and special education teacher.

19. Programs From Least to More Restrictive 1. Regular Education w/Supplementary Instruction A. Supports Preschool/Elementary Secondary No Aide Aide No Aide Aide No Aide Aide No Aide Aide In class 6 - 9 - Pull-Out Single Subject 6 7 to 9 10 to 12 Multiple Subject 6 7 to 9 6 7 to 9 B. Replacement Preschool/Elementary Secondary No Aide AideNo Aide Aide No Aide AideNo Aide Aide In-class 3 - 3 - Pull-Out Single Subject 6 7 to 9 9 10 to 12 Multiple subject 4 - 4 - 2. Resource Programs:

20. 20 More Restrictive Program Number of Special Education Students No Classroom Aide Classroom Aide No Classroom Aide Classroom Aide Auditory Impairments 8 9 to 12 Autism 34 to 6 7 to 9 (secondary level only) 7 to 9 (secondary level only) Behavioral Disabilities 9 10 to12 Cognitive Mild 12 13 to 16 Moderate 10 11 to 13 Severe 3 4 to 6 7 to 9 (Two Aides Required) 7 to 9 (Two Aides Required) 3. Special Education Classes:

21. 21 Program Number of Students No Classroom Aide Classroom Aide Learning and/or Language Disabilities Mild to Moderate 10 11 to 16 Severe 8 9 to 12 Multiple Disabilities 8 9 to 12 Preschool Disabilities - 1 to 8 (one aide required) 9 to 12 (Two Aides Required) 9 to 12 (Two Aides Required) Visual Impairments 8 9 to 12 More Restrictive 3. Special Education Classes (Contd.)

22. 22 Once a location is found for the student to receive a special education program & services, when does he/she start attending? Placement Location The parent and school must receive a placement letter from the Office of Special Education before the student can be enrolled in the special education program. If the student requires transportation to get to the special education program, it must first be arranged.

23. 23 Summary of the Process if Evaluations & Placement are Warranted 5. All evaluations must be completed 7. Parents have 15 days to consider that decision 1. Documented regular education interventions; 8. An IEP is developed 6. Eligibility meeting to determine if student is classifiable 2. Referral to CST by staff or parents 3. Within 20 days of the completed referral, an ID meeting must occur. 4. Parents have 15 days to consider that decision 9. Parents have 15 days to consider that decision 10. Placement letter must arrive and transportation arranged.