Forms Training: Day 1

1. Forms Training: Day 1 Wyoming Department of Education Special Programs Division Stephanie Weaver, Deputy Director Lenore Knudtson, Consultant

2. The Beginning of the Story Special educators must be good story tellers.

3. Analogy: A comparison between two things. • We encourage you to think about a student’s special education history as storytelling. • As with all stories, the special education story has a beginning, middle and end. • The WDE model forms will help guide the IEP team through the process of telling an epic story, understandable to the complete stranger, and defensible to the most enthusiastic challenge.

4. MODEL: A system or thing used as an example. • These are MODEL forms. Districts are free to develop their own forms, but remain responsible for all of the required content. • The up-to-date model forms are dated 05/02/2011. Input from the forms training resulted in minor changes to some forms. The amended forms are distinguished by the “v.2” after the date. Earlier versions should not be used.

5. Article 7 – Services to Preschool Children with Disabilities • 21-2-701. Definitions. • (a) As used in this act: • (i) "Division" means a division or section as assigned responsibilities for programs of developmental disabilities, department of health; • (ii) "Preschool children with disabilities" means any children three (3) through five (5) years of age in the state of Wyoming having a mental, physical or psychological disability which impairs learning, subject to rules and regulations of the state superintendent; • (iii) "Regional developmental preschool system" means the regional developmental programs and the operating units or centers of those programs in this state which through contracts with the division, provide services to preschool children with disabilities; • (iv) "This act" means W.S. 21-2-701 through 21-2-705. • 21-2-702. Intermediate educational unit. • The division is deemed an intermediate educational unit as defined in 20 U.S.C. 1401(23), Education of the Handicapped Act, as amended as of January 1, 1989.

6. Statutory Authority

7. Circuit Courts of Appeal

8. The Path of a Special Ed. Dispute

9. The Organizational Tool

12. The Multi-Tool

13. Prior Written Notice • The IEP team’s multi-tool. • It does just about everything. • Use it often for best results.

14. Critical form for storytelling and protection.

15. 34 C.F.R. §300.503 • (a) Notice. Written notice that meets the requirements of paragraph (b) of this section must be given to the parents of a child with a disability a reasonable time before the public agency— • (1) Proposes to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child; or • (2) Refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child.

16. Prior Written Notice • (b) Content of notice. The notice required under paragraph (a) of this section must include— • (1) A description of the action proposed or refused by the agency; • (2) An explanation of why the agency proposes or refuses to take the action; • (3) A description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action; • (4) A statement that the parents of a child with a disability have protection under the procedural safeguards of this part and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained; • (5) Sources for parents to contact to obtain assistance in understanding the provisions of this part; • (6) A description of other options that the IEP Team considered and the reasons why those options were rejected; and • (7) A description of other factors that are relevant to the agency's proposal or refusal.

17. Prior Written Notice • (c) Notice in understandable language. • (1) The notice required under paragraph (a) of this section must be— • (i) Written in language understandable to the general public; and • (ii) Provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so. • (2) If the native language or other mode of communication of the parent is not a written language, the public agency must take steps to ensure— • (i) That the notice is translated orally or by other means to the parent in his or her native language or other mode of communication; • (ii) That the parent understands the content of the notice; and • (iii) That there is written evidence that the requirements in paragraphs (c)(2)(i) and (ii) of this section have been met.

18. The Purpose of Prior Written Notice • PWN triggers the parent’s opportunity to object to the proposal or refusal. • Consider: District proposes a change from a full time mainstream placement to full time resource room in a program housed in another school. • PWN issued by the District explains the proposal. • Parent has the opportunity to object, formally or informally. • Parent files for due process, triggering stay-put. • Child stays in the full time mainstream placement.

19. Not to be confused with. . . • The Notice of Team Meeting, used throughout the process to summon together a team of people to collectively address student needs. • It is typically the IEP team, but not always. • This Notice must • Be given to parents early enough to ensure that they will have an opportunity to attend by scheduling the meeting at a mutually agreed on time and place, and • Indicate the purpose, time and location of the meeting, and who will be in attendance. • 34 C.F.R. §300.322.

22. This page is for convenience only.

23. The beginning of the story.

24. The Referral • 34 C.F.R. §300.301(b) Request for initial evaluation. • Consistent with the consent requirements, either a parent of a child or a public agency may initiate a request for an initial evaluation to determine if the child is a child with a disability. • The referral is the BEGINNING OF THE STORY. • Important procedural safeguards attach at the point of the referral.

27. Processing the Referral • Upon receipt of a referral, it must be processed: • Interventions? • Evaluation? • Make sure you tell the next part of the story: • PWN declining to conduct an evaluation, or • Plan the evaluation.

28. Referral Processing No suspicion Suspicion Propose an evaluation, Issue PWN, and Evaluate. • Issue a PWN declining to conduct the evaluation. • Thoroughly document the reasons the team DOES NOT suspect a disability or need for special education.

29. When RTI becomes special education • Using an intervention model prior to the special education referral is now considered the industry standard. It is typically viewed as a regular education activity. • Train staff to recognize when the responsibility shifts from regular education to special education. Here are some triggers:

30. When RTI becomes special education • When progress cannot be documented; • When progress plateaus, i.e. the child is a nonresponder; and • When a parent requests that the child be evaluated.

31. OSEP Guidance • At any time during the intervention process, if a parent requests a special education evaluation, special education has a role to play. • A team will need to determine whether the school • Suspects that the student is a learner with an IDEA disability, and • Suspects that the student needs special education. • OSEP has provided recent guidance on this topic: Memorandum to State Directors of Special Education, 56 IDELR 60 (OSEP 2011).

32. OSEP Guidance • The use of RTI does not diminish a district's obligation under the IDEA to obtain parental consent and evaluate a student in a timely manner. When there is reason to suspect the student may have a disability and need special education and related services as a result, the IDEA's initial evaluation provisions kick in, regardless of whether the district plans to or is currently utilizing RTI strategies with the student.

33. Initial Evaluation • Each public agency must conduct a full and individual initial evaluation, in accordance with §§ 300.304 through 300.306, before the initial provision of special education and related services to a child with a disability under this part. 34 C.F.R. §300.301(a). • (2) Must consist of procedures— • (i) To determine if the child is a child with a disability under § 300.8; and • (ii) To determine the educational needs of the child. 34 C.F.R. §300.301(c)(2).

34. Screening • The screening of a student by a 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. 34 C.F.R. §300.302.

35. INITIAL EVALUATION FLOWCHART Initial Evaluation Determination: 34 C.F.R. §300.305(a)(2)(i)(A) Does the child have an IDEA disability? AND Does the child need special education and related services?

36. Review of Existing Data • Every evaluation begins with a review of existing data. 34 C.F.R. §300.305(a). • Based on that review, the team must determine what, if any, additional assessments are needed to answer the evaluation questions. • If needed, data must be collected to answer ALL evaluation questions.

37. What are the legal requirements? 34 C.F.R § 300.304 requires: • The use of a variety of assessment tools and strategies to gather relevant functional, developmental and academic information about the child, including information provided by the parent; • A single measure or assessment not be used as the sole criterion for determining eligibility; • The use of technically sound instruments;

38. What are the legal requirements? 34 C.F.R § 300.304 requires: • Assessments and other evaluation materials used to assess a child: • Do not discriminate racially or culturally; • Are provided and administered in the child’s native language or mode of communication and is most likely to yield the most accurate information regarding that child; • Are used for purposes for which the assessments or measures are valid and reliable; • Are administered by trained and knowledgeable personnel; and • Are administered in accordance with any instructions provided by the producer of the assessments.

39. Assessment and other evaluative tools include those tailored to assess specific areas of educational needs and not merely provide a single general intelligence quotient; • Assessments are selected to accurately reflect the child’s aptitude or achievement level rather than reflecting the child’s impaired sensory, manual or speaking skills, unless the measure is specifically designed to measure such; • The child is assessed in all areas related to the suspected disability; • The evaluation is comprehensive and identifies all of the child’s special education and related service needs; • Assessment tools will provide relevant information. Legal requirements

40. Review of existing evaluation data • Variety of tools and strategies • Information provided by the parents • May need to look at other eligibility areas • Observations • Classroom based observations • Observations by teachers and related service providers • In an environment appropriate for a child of that age Pieces of a comprehensive evaluation

41. Comprehensive evaluation • School districts cannot abdicate their responsibilities under the IDEA. Even if a child's parents have the ability to obtain an evaluation, the district still has a responsibility to evaluate the child in all areas of suspected disability. • N.B. v. Hellgate Elem. Sch. Dist., 50 IDELR 241 (9thCir. 2008).

42. MYTH: • Medical testing is not the responsibility of the district/CDC. • FACT: • If the team needs medical information for the evaluation (to establish eligibility and/or to identify the child’s needs), it is the team’s responsibility to obtain the testing See 34 C.F.R. §300.34.

43. MYTH • A comprehensive evaluation serves the sole purpose of establishing a child’s eligibility.  • FACT: • While a comprehensive evaluation is necessary in determining a child’s eligibility, it is also essential in assisting the team in identifying the child’s individual needs that may require special education and related services  34 C.F.R. §300.301(c)(2)(i-ii). Evaluation should be conducted any time the team feels more information is warranted  about the needs of the child, regardless of where you are in the three-year evaluation cycle.   

45. Prior Written NoticeConsent for Evaluation • This form is used for the initial evaluation and for all reevaluations. • The sequence is important! Follow the form.

49. Tell the story of why evaluation makes sense.

50. This date starts the 60 day timeline.