Office of Specialized Services Chicago Public Schools March 8, 2010

1. The Procedural Requirementsof theIndividuals with Disabilities Education Improvement Act(IDEA 2004)andIllinois Regulations--Condensed Version -- Office of Specialized Services Chicago Public Schools March 8, 2010 Indicates that the content is updated

2. Referral Process for a Full and Individual Evaluation • A request for an initial special education evaluation (full and individual evaluation) can only be made by a parent, school district employee, state education agency, community service agency, or other state agency. • In CPS, request must be made in writing to the school principal or case manager and should include supporting documentation (e.g. private evaluation, academic interventions, etc.) • If parent unable to make written request, school must assist the parent in making written request.

3. Response to anEvaluation Referral If the school decides not to conduct an evaluation: • Within 14 school days the parent shall be provided written notice of the school’s decision not to conduct an evaluation and, the reasons for that decision using the “Notice of Referral Decision” form; and • The parent shall be provided with written notice of: a) The date of the referral and the reasons for which the evaluation was requested; and b) The reasons for which the school decided not to conduct a full and individual evaluation.

4. Response to an Evaluation Referral (Continued) If the school decides to conduct a full and individual evaluation: • A written notice of the decision must be provided to the parent using “Notice of Referral Decision” form; • A team, which should includes the parent, must convene and the domain and consent form prepared and provided to parent within 14 school days of receiving the written referral; • Parental consent must be obtained; • The evaluation and IEP must be completed within 60 school days of the date consent received.

5. Early Childhood Referral • If the child has an Individual Family Service Plan (IFSP), then Child Find should have been triggered and this student should have been evaluated and have an IEP, if eligible, in place and ready for implementation on his or her 3rd birthday. • If the child does not have an IFSP, but is referred with at least 60 school days remaining before his or her 3rd birthday, then we must evaluate the child and make sure that, if eligible, an IEP is in place for implementation by his or her 3rd birthday. • If the child does not have an IFSP, but is referred with fewer than 60 school days remaining before his or her 3rd birthday, then we follow the standard 60 school day evaluation process.

6. Informed Written Consent • Complete Assessment Planning form first by convening a meeting of relevant team members • Complete appropriate Consent for Evaluation form – additional or no additional information needed. • Parent must sign and date after reviewing attached Assessment Planning form • Informed written consent means that the consent must be “written” and therefore verbal consent is not sufficient.

7. Parental Consent • Parental consent shall be obtained before conducting any evaluation or reevaluation of a child. If parent refuses to provide consent for a required triennial reevaluation the Chicago Public Schools shall request a due process hearing at least 30 days prior to the expiration of the triennial due date. • Parental consent can be revoked by the parent either in written form or verbally. • If school disagrees with the parent’s revocation of consent for an evaluation – the evaluation must stop immediately and due process may be requested. • See OSS Bulletin 32 regarding Parental Revocation of Consent for additional information.

8. Reevaluation Consent • If a parent does not respond to our request for consent to conduct a three-year reevaluation of the student, we might be able to proceed with the evaluation without the parent’s consent. • School must make reasonable efforts to obtain the consent and SSM guidance questions should be specifically asking whether Certified Mail was one method of attempt before allowing school to proceed with the three-year reevaluation (i.e. messages to the parent via the student will not satisfy the “reasonable efforts” criteria).

9. The Definition of “Parent” • IDEA 2004 defines “parent” as: • a natural, adoptive, or foster parent • an ISBE appointed Surrogate parent • a Guardian, but not the State, if child ward of State • an individual acting in place of a natural or adoptive parent, including grandparents, stepparents or other relative, with whom the child lives or an individual legally responsible for the child’s welfare • DCFS (i.e. caseworker or educational liaison) is NOT the parent for IDEA 2004 purposes, but is a State Agency under the referral process.

10. Parent Participation is Important Whenever a meeting is to be held which a parent has a right to attend: • No later than 10 days prior to the proposed meeting, the Chicago Public Schools shall notify the parents in writing of the purpose of the meeting, the proposed date, time, and place for the meeting, who else will be in attendance, and the parent’s right to invite other individuals. • A parent can waive the 10 day prior notification for IEP conference. The waiver should be a written waiver. • Use alternate modes of participation such as phone conference or written communication.

11. Parent Participation is ImportantContinued Parent participation must be “meaningful” and steps should be taken to ensure this occurs: • Complete evaluation reports prior to eligibility meeting and present parent with draft reports days before the meeting so that they have time to digest information and formulate questions to ask at the meeting; • Encourage parents to complete the IEP Family Report prior to an IEP meeting so that they can begin to plan for the meeting and be prepared to support the completion of the General Considerations section of the eIEP. • Include the parent throughout IEP development by eliciting the parent’s input. • Consider appointing a school based team member as the parent support person at the IEP meeting to ensure parent comfort throughout the meeting.

12. ELL Students and Parents Dominant in Non-English Language • It is not enough to indicate information within the Language and Cultural Considerations question and then ignore incorporating the information within the other eIEP sections. • A Bilingual Specialist is required for ELL students and this individual should ensure language and cultural factors are considered in IEP development (can be related service provider with endorsement or non-SPED bilingual teacher). • Notice forms must be provided to the parent in their native language unless not feasible. If not feasible, oral translation or other appropriate mode of communication will be necessary. • School is responsible for securing a translator and might have to hire a private agency if none is available.

13. Individualized Education Program Meeting Request A child’s teacher or a child’s parent may request the review of the child’s IEP at any time. Within 10 days after receipt of such a request, the school shall either agree and notify the parent or notify the parent in writing if its refusal, including an explanation of the reason no meeting is necessary to ensure the provision of a Free Appropriate Public Education for the child.

14. Graduation • IDEA 2004 makes it clear that Districts are not required to evaluate students prior to termination of student’s eligibility due to high school graduation or reaching age of 22 • IDEA 2004 requires that District provide a student who has graduated with a high school diploma or has aged out at 22 with a summary of student’s academic achievement and functional performance, which must include recommendations on how to assist the student on meeting postsecondary goals • Illinois regulations allow services through the day before the 22nd birthday. • If the student meets high school graduation criteria and has been provided the special education support and services, including transition services and related services, necessary to facilitate his or her integration into society then we can issue the student a high school diploma before the student reaches his or her 22nd birthday.

15. Brittany’s Law • High schools students with disabilities that have attended high school for four (4) years, under the CPS interpretation of Brittany’s Law, can participate in the graduation ceremony and return to school the following school year or during ESY to continue receiving services. • A Certificate of Attendance is provided at the ceremony rather than a high school diploma. • Law only speaks to ceremony, not other graduation activities.

16. Independent Educational Evaluation (IEE) • A parent can requests an IEE at public expense in writing to the Superintendent of School District if they disagree with the schools evaluation. • If the school district disagrees with the need for an IEE, it shall initiate a due process hearing within 5 days following the receipt of a written parental request for an IEE. • We must convene a meeting to consider any private evaluations presented to us by the parent to determine whether IEP changes are necessary.

17. Transfer Students • Students transferring within CPS – implement the IEP • Students that transfer in from another school district or state must: • Immediately be provided “Comparable” services while the school determines whether to accept the IEP, revise the IEP or develop new. • If student enrolling from out of state, a special evaluation may be warranted given differences in eligibility criteria between states (e.g. LD eligibility or DD age level) • IEP “Conference Notification” must be sent within 10 days of enrollment. • If we do not receive an IEP from the former school district within 10 calendar days of our request for records, then we must initiate an IEP meeting within 10 calendar days of the expiration of this waiting period to develop a new IEP (i.e. An IEP must be developed within 21 calendar days of enrollment if we do not receive an IEP to implement from the former school district).

18. Requirements Regarding Transfer Students • When a student with a disability transfers into the District and is presented for enrollment, the District shall enroll and initiate educational services to the student immediately. The District shall ensure that the child has an IEP in effect. • If a student with a disability transfers into the District, the receiving school shall request the student’s records from the sending school district by the end of the next business day after the date of enrollment. • In the case of an inability to obtain an IEP from the sending school district, the receiving District should place the student in a setting that it believes will meet the child’s needs until an IEP is received or the new IEP is developed.

19. Requirements Regarding Transfer Students (Continued) • The District may adopt the IEP that the former school district developed and no IEP meeting is required if the following conditions are met: a) a copy of the child’s current IEP is available; b) the parents indicate satisfaction with the current IEP; and c) the District determines that the current IEP is appropriate and can be implemented as written. • If the District disagrees with the sending school district’s IEP or is unable to obtain an IEP from the sending school district, then no later that 10 days after the date of the child’s enrollment, the District must provide written notice of the proposed meeting date to develop the new IEP.

20. The Medication Prohibition • Under IDEA 2004 educators are PROHIBITED from requiring that students obtain a prescription for medication as a condition of attending school, receiving an evaluation or receiving special education & related services • See OSS Bulletin 31 (Dated 9/6/05) for more information

21. Myths, Lies and Video Tapes • 90 days of anecdotal records are required before a separate school placement can be recommended. (Myth or Reality?) • We can delay a initial eligibility meeting beyond the 60th school day as long as the parent is in agreement with the delay. (Myth or Reality?) • A parent has the right to tape record or video an IEP meeting. (Myth or Reality?)

22. Questions?