Office of Special Programs August 22, 2013

1. SPL and Identification of Learning Disabilities – Q and AISSUES: Highly Mobile StudentsISSUES: Braille Office of Special Programs August 22, 2013

2. SPL and Identification of Specific Learning Disabilities

3. Working through FAQs • Section II: Assessments and Progress Monitoring • Section III: Collaborative Structures and Problem Solving Teams • Sections III and IV: Connecting SPL to Referrals for Specific Learning Disability

4. Suggested vs. Required Within the scope of existing WVBE Policy and WV State Code…… SPL guidelines are predominantly suggestions. Districts determine county requirements

5. Guidance vs. Policy Guidance Policy

6. Suggested SPL Guidelines Intensive Instruction Mathematics K-5FAQs • Where does intensive instruction take place? • Who provides this intensive instruction? • How often? • What type of progress monitoring instrument will be used?

7. We have no assessment system in place for mathematics. What should we progress monitor? • Also, a county adopted, comprehensive math program embeds instructional strategies and sufficient data to make informed decisions for the SPL process. • Target individual student deficits being addressed through instruction Everyday Mathematics, enVisionMath, Investigations Math, Math Expressions

8. Examples

9. What are our options regarding assessment tools? • There is no one assessment or type of assessment that will provide all information about each student’s skill deficits. • Identify assessments provided within the core program and assessments that are currently being used within the school setting. • Identify what other information is needed for a given student?

10. What about Kindergarten? • Gather extant data if child attended preK • PreK Early Learning Scale Data • 3 checkpoints per year • Math: basic counting, measurement and shape identification • Language and Literacy: oral language, phonological awareness, print awareness and writing • Build on this data District outcome data is available at http://wvde.state.wv.us/ready-set-go/doc/School_Readiness_Profile_For_Web.pdf

11. How can you utilize Standard 6.1 of the New Teacher Evaluation System to strengthen your school’s assessment system / progress monitoring in the coming year?

12. Assessment Tool Resources? District Determined Assessment Tool Resources • Getting It Right From the Start • PreK-3 (p. 293) • WVDE SLD Guidance Document (p. 42) • http://www.rti4success.org/progressMonitoringTools

13. IT and SATRoles & Responsibilities IT • Teachers working together to: • Identify students for multi-level instruction • Group students • Select and develop targeted instruction • Monitor student progress and effectiveness of instruction SAT • Review documentation collected during TARGETED and INTENSIVE instruction. • Make recommendations for further, broader problem- solving activities • Initiate multidisciplinary evaluations for special education

14. SLD Team Report Components

15. Connecting SPL to SLD

16. Parent Requests for Evaluation 80 calendar days of receipt of parental consent • The law is clear - a parent may request an initial evaluation at any time during the SPL process • If a parent requests an evaluation, the district may choose to: • Request permission to evaluate, OR • Decline the request to evaluate and issue prior written notice (PWN) in accordance with the regulations

17. Are 100 sessions of targeted or intensive instruction required prior to a special education referral? WVBE Policy 2419 does not mandate 100 sessions of instruction prior to an SLD referral.

18. Rather WVBE Policy 2419 states • Targeted Instruction should be implemented for a minimum of one nine week period, with progress monitoring occurring every two to three weeks to adjust instruction and ensure mastery. • Three to five 15 to 30 minute sessions per week are suggested. • Intensive Instruction should be implemented for a minimum of one nine week period, but could be longer depending on student progress toward benchmark. Progress monitoring occurs every one to two weeks, and formative assessments are used confirm the student’s response to instruction. • Three to five 30 to 60 minute sessions per week are suggested. (WVBE Policy 2419, p. 31)

19. Must the sessions all occur within the same year the evaluation is requested? The IT and SAT should consider each student’s cumulative instructional history. Thus, the student’s targeted and/or intensive instruction from a prior year “count.”

20. Free and Appropriate Public Education (FAPE) • Ultimately, all decisions regarding referrals and evaluations should be based on the student’s individual needs and instructional history. • Schools should consider whether certain procedures or practices are precluding FAPE for individual students

21. Examples of Denying FAPE • Requiring that students suspected of intellectual disabilities, visual and hearing impairments, autism, etc., participate in a targeted reading program prior to a special education referral. • Case name: Harrison (CO) Sch. Dist. Two, 57 IDELR 295 (SEA CO 2011).Ruling: Implementation of RTI strategies didn't offset a Colorado district's failure to timely evaluate and reevaluate a student with ADHD. OCR decided that a Colorado district denied FAPE to a student with ADHD when it failed to timely evaluate him for special education eligibility or to reevaluate him before making a significant change in his placement.

22. Additional Examples From OCR: • Mom's consent to RTI doesn't excuse failure to evaluateCase name: Cherokee (TX) Indep. Sch. Dist., 59 IDELR 18 (OCR 2012).Ruling: OCR determined that a Texas district violated Section 504 and Title II after it failed to promptly evaluate a seventh-grader with SLD for special education eligibility upon her mother's request. To remedy its error, the district will have to determine if the student needs compensatory services, timely provide those services, and train its staff members on their Section 504 and Title II duties to identify and evaluate students. From State Due Process: • Failure to notify parent of right to evaluation during intervention process violates IDEACase name: Seymour Cmty. Schs., 112 LRP 33925 (SEA IN 04/18/12).Ruling: A district violated the IDEA by failing to provide written notification to the parent regarding her right to request an evaluation for special education during the RTI process. The Indiana ED ordered the district to determine the student's eligibility and conduct in-service training on the IDEA's procedural requirements.

23. Issues: Highly Mobile Students OSEP July 19, 2013 Dear Colleague Letter

24. Timely and expedited evaluations • Under IDEA, all children suspected of having a disability and who need special education, including highly mobile children, must be evaluated in a timely manner. • Evaluations completed within 80 days of parent consent • Evaluation initiated by one district must be completed in expedited manner in next district • Prompt exchange of records between districts is required • Evaluation cannot be delayed to complete SPL/RTI process if parent has signed consent for evaluation

25. Comparable Services - ESY • When a student transfers in from another district, comparable services are provided until IEP is revised • Services include extended school year (ESY) services described in the IEP from a student’s previous school

26. ISSUES: Braille OSEP Dear Colleague Letter June 19, 2013

27. For All Students with Visual Impairment • Braille instruction must be provided unless, based on a thorough and rigorous evaluation of vision status and the student’s current and future need for Braille, the IEP determines it is not appropriate • Describes scope of evaluation • Describes appropriate instruction in Braille and use of Braille • OSEP supports personnel preparation and accessible instructional materials (AIM)

28. OSP Contacts • Lanai Jennings ljennings@access.k12.wv.us • Sandra McQuain smcquain@access.k12.wv.us