IDEA 2004 The Special Education Process

1. IDEA 2004 The Special Education Process Purpose Introduction

2. Purpose • To review the entire special education process – from child find to implementation of special education – highlighting changes to IDEA 2004 • To introduce new forms and formats for compliance with IDEA 2004

3. Understanding This Presentation NEW New content BOLD New language

4. Introduction • IDEA 2004 – PL 108-446 • Signed by President Bush on December 3, 2004 • Goes into effect on July 1, 2005 • Provisions regarding highly qualified personnel went into effect upon signing of the law • Provides federal funding for provision of a free appropriate public education (FAPE) • Outlines due process provisions to ensure FAPE

5. Introduction FAPE in the LRE: • Free Appropriate Public Education (FAPE) • Special education and related services • Provided at public expense • To eligible students • In conformity with an Individualized Education Program (IEP) • Least restrictive environment (LRE) • Students eligible for special education will be educated to the maximum extent appropriate with students who are not disabled

6. Child Find Annual Notice Child Find Activities Equitable Participation

7. Annual Notice • School districts and charter schools must provide annual notice to the public that includes: • A description of special education services and programs available • The purpose, time and location of screening activities provided • How to request a screening or evaluation • The procedural safeguards and confidentiality rights of parents

8. Child Find School District/Charter School Responsibilities: • All students eligible for special education who need special education and related services must be: • Identified • Located • Evaluated • This includes: • Homeless children • Wards of the state • Private school students • A practical method to determine which children eligible for special education are receiving services must be developed and implemented

9. Equitable Participation NEW Consultation: • Intermediate Units (IUs) shall consult with private school representatives and representatives of parents of such children during the design and development of special education and related services for: • Child find process • Determination of proportionate amount of federal funds • How the consultation process will operate throughout the year • How, where, and by whom services will be provided • If the IU disagrees, the IU shall provide a written explanation of reasons to the private school

10. Prereferral Screening Early Intervening Services

11. Screening – School Districts • Each SD must establish and implement a comprehensive system of screening to accomplish the following: • Identify and provide initial screening prior to referral • Provide peer support for teachers and other school personnel to assist in working with students in the general education curriculum • Conduct hearing and vision screening • Identify students who may need to be referred for MDE • Process shall include: • Curriculum-based or performance based assessments • Observation • Intervention • Student response to intervention • Determination whether difficulties are due to lack of instruction or Limited English Proficiency • Determination whether student’s needs exceed functional ability of regular education program • Activities to gain parent involvement

12. Screening – Charter Schools • Charter Schools must have systematic screening activities that lead to: • Identification • Location • Evaluation • These activities apply to children eligible for special education enrolled in the charter school

13. Early Intervening Services NEW • Permits school districts to use up to 15% of the Part B grant for “early intervening” as follows: • To develop and implement coordinated early intervening services for students K through 12 who are not identified as disabled but need “additional academic and behavioral support to succeed in a general education environment” • Emphasis is on K through 3

14. Early Intervening Activities NEW • Local Education Agencies (LEAs) may carry out activities that include: • Professional development for teachers and other school staff to enable them to deliver scientifically based academic instruction and behavioral interventions, including scientifically based literacy instruction and, where appropriate, instruction in the use of adaptive and instructional software • Providing educational and behavioral evaluations, services and supports, including scientifically based literacy instruction • Early intervening services can not be used to delay the referral process for evaluation for special education

15. Early Intervening Reporting NEW • LEAs that develop and maintain coordinated early intervening services shall annually report to the SEA • Number of students served • Number of students served who were later determined to be eligible for special education and related services

16. Early Intervening Disproportionality NEW • When there is significant disproportionality of children eligible for special education or placed in particular educational settings, LEA is required to : • Reserve the maximum amount of funds to provide comprehensive coordinated services to serve children in the LEA, particularly those children in the overidentified groups • Publicly report on the revision of policies, practices and procedures to identify children eligible for special education

17. Referral Referral Process Permission to Evaluate

18. Referral • A request for an evaluation for referral to special education may be made by: • Parent(s) of a child • LEA • SEA • Other state agency

19. Referral • Parents have the right to: • Review screening records • Meet with school personnel to discuss the referral • Disagree with the referral • LEA gathers information to use on the Permission to Evaluate

20. Permission to Evaluate Initial Evaluation--Consent • Consent for the initial evaluation must be obtained from the parent • Parental consent for the evaluation is not to be construed as consent for services Initial Evaluation-- Absence of Consent • If the parent does not give consent for the evaluation or does not respond to a request for an initial evaluation, the LEA may pursue permission through due process procedures

21. Permission to Evaluate NEW Consent for Wards of the State – “Make reasonable efforts to obtain the informed consent from the parent of the child for an initial evaluation” Definition • Ward of the state (as defined by state law): • Foster child • Ward of the State • Child in the custody of a public child welfare agency • Does not include a foster child whose foster parent meets the definition of “parent.”

22. Permission to Evaluate NEW • Timeline to complete evaluation – • School Districts: Within 60 school days from receiving permission • Charter Schools: Within 60 calendar days from receiving permission • Exceptions to timeline – • Child moves to new LEA after initiation of evaluation • Must make sufficient progress toward prompt completion • Parent and new LEA agree to a specific time for completion • Parent repeatedly fails or refuses to produce child for evaluation

23. Permission to Evaluate NEW Clarification: Screening versus Evaluation • “Screenings by teacher or specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation for eligibility for special education and related services.” • Parental permission not required for screenings

24. Permission to Evaluate NEW Clarification - Medication • SEA and LEA personnel are prohibited from requiring a child to obtain a prescription as a condition for attending school, receiving an evaluation or receiving services

25. Permission to Evaluate Form NEW • Let’s take a look at the new Permission to Evaluate form

26. Evaluation Evaluation Team Evaluation Process Evaluation Report

27. Evaluation Upon completion of the assessments: • A team of qualified professionals and parent(s) determines eligibility • Is child identified as a child with a disability? • Meets criteria of one of the disability categories • Needs specially designed instruction • What are the child’s educational needs • Evaluation report with determination of eligibility is given to parent(s)

28. Evaluation In conducting the evaluation, the LEA shall: • Use a variety of assessment tools, including information from the parent • Not use a single measure as the sole criterion for determining eligibility • Use technically sound instruments

29. Evaluation Assessments used are: • Not discriminatory or racially biased • Administered in “the language and form most likely to yield accurate academic, developmental and functional information; unless it is not feasible to provide or administer” • Valid, reliable, given by trained personnel • Able to assess child in all areas of suspected disability and to provide relevant information If a child transfers during the academic year, schools coordinate to ensure prompt completion of full evaluation

30. Evaluation A child is not a child with a disability if the presenting problem is caused by: • Lack of instruction in reading – including in the essential components of reading instruction • Lack of instruction in math • Limited English proficiency

31. Evaluation New Criteria for Specific Learning Disabilities • The team is not required to take into consideration severe discrepancy between achievement and intellectual ability in oral expression, listening comprehension, written expression, basic reading skill, reading comprehension, mathematical calculation, or mathematical reasoning • The team may use a process that determines if the child responds to scientific, research-based interventions as part of the evaluation

32. Evaluation Additional Requirements for Evaluations and Reevaluations The IEP team must: • Review existing data including local or state assessments and classroom-based observations for all students • Identify if additional data is needed to determine educational needs of child; determine present academic achievement, and related developmental needs. The team collects data to complete the evaluation.

33. Reevaluation Timelines • Reevaluation will not occur more than once a year, unless parent and LEA agree otherwise • Reevaluation will occur at least every three years, unless the parent and the LEA agree that a reevaluation is unnecessary • Requirements of PARC Consent Decree still apply; students with mental retardation are to be reevaluated at least every two years Reevaluation begins with a review of existing evaluation data by the IEP team • Evaluations and information from parents • Local, state assessments, classroom based observations • Observations by teachers and related service providers

34. Reevaluation Based on review of data, there are two possible outcomes: 1. IEP team will identify that additional data are needed to determine: • If the child is a child with a disability • Educational needs of child • Present levels of academic achievement and related developmental needs • Whether child needs special education and related services • Whether any additions or modifications are needed At this point, issue a Permission to Reevaluate form and start the necessary assessments

35. Reevaluation Based on review of data, two possible outcomes (cont.): • IEP team determines that additional data are not needed, which means the LEA: • Shall notify the child’s parents • Reason for that determination • Parents’ right to request assessment • Shall not be required to conduct an assessment unless requested by parents

36. Permission to Reevaluate form • Let’s look at the new Permission to Reevaluate form NEW

37. Evaluation Reevaluation Before Change in Eligibility • In general, the LEA shall evaluate before determining the child is no longer a child with a disability Exceptions – Evaluation not necessary before termination of eligibility due to • graduation with a regular secondary diploma • exceeding age eligibility for FAPE under state law

38. Evaluation NEW Summary of Performance – Students who are no longer eligible due to graduation or exceeding age requirements shall be provided with: • A summary of academic achievement and functional performance • Recommendations to assist child in meeting postsecondary goals

39. Summary of Performance • Let’s look at the new Summary of Performance form

40. Evaluation NEW Initial Placements In the Absence of Consent For Services – LEA cannot use due process procedures to place students in special education If parent refuses the receipt of special education and related services or fails to respond - LEA not in violation for not providing FAPE - LEA not required to convene IEP meeting or develop IEP

41. Evaluation Report Reevaluation Report NEW • Let’s take a look at the new Evaluation Report and Reevaluation Report

42. Individualized Education Program (IEP) Invitation to Participate in the IEP Team Meeting or Other Meeting/Parent Options IEP Team IEP Process IEP Format

43. Invitation to Participate in IEP Team Meeting/Other Meeting • Purpose of Meeting • Reasonable attempts to get parent participation (document attempts) • Accommodations offered

44. Invitation to Student • Student must be invited to the IEP meeting for transition planning • Documentation is required

45. Invitation to Initial Preschool IEP Meeting NEW In the case of a child who was previously served under Part C, an invitation to the initial IEP meeting shall, at the request of the parent, be sent to the Part C service coordinator or other representatives of the Part C system to assist with the smooth transition of services

46. IEP Team Members • Parents • One regular education teacher, if child is or may be participating in the regular education environment • One special education teacher • LEA representative • Someone who can interpret the results (role may be filled by another IEP team member) • Others (e.g., community agencies) • Student, when appropriate

47. IEP Team Attendance NEW • If IEP team member’s area of expertise is not being discussed/modified, the team member need not attend if parent and LEA agree in writing • If an IEP team member's area of expertise is being discussed/modified, IEP team member may be excused if parent and LEA agree in writing and if member’s written input submitted to parents prior to the meeting

48. Let’s look at the Invitation

49. IEP Team Meeting IEP Team: • Reviews Evaluation Report (ER) • Develops the IEP, including transition planning when appropriate For Reevaluation, IEP Team reviews effectiveness of current IEP Progress monitoring necessary to determine effectiveness of instruction

50. IEP Development NEW • Parents and LEA may agree not to convene an IEP meeting to make changes to IEP after the annual meeting • Instead may develop a written document to modify current IEP • Upon request parent receives revised copy of IEP • Parents and LEA may agree to use alternative means of meeting, such as videoconferences and conference calls