ARC CHAIRPERSON & Due Process Training

1. ARC CHAIRPERSON &Due Process Training

2. LegalBackground • Federal Law - Individuals with Disabilities Education Act amended June 1997 (IDEA) Reauthorized November 2004 (IDEIA) • Kentucky Administrative Regulations Related to Exceptional Children • Local School District Special Education Policies/Procedures

3. OBJECTIVES OF MEETING • To understand Kentucky Administrative Regulations • To understand ARC responsibilities • To understand the ARC decision-making process • To update district on completion of due process forms

4. How Important Is Written Documentation?

5. ADMISSIONS AND RELEASE COMMITTEE • The ARC makes all decisions regarding, referral, evaluation, eligibility, reevaluation, and continued eligibility for a student suspected of having a disability or documented as having a disability. • All decisions are based upon evaluation/data • All decisions are documented

6. Act on Referral Determine need to Evaluate Obtain consent to Evaluate Conduct Evaluation Determine Eligibility Develop IEP Determine Placement Obtain consent for Services Implement and Monitor IEP Annual Review Reevaluation Transition Planning ARC Responsibilities

7. ARC MEMBERSHIP • ARC Chairperson • Regular Education Teacher • Special Education Teacher

8. ARCMEMBERSHIP • Student • Parent • Evaluator

9. ARCMEMBERSHIP • Related Service Provider • Community Agency Representative • Other Persons requested by an ARC Note: All invited parties must be included on notice.

10. Other Professionals needed If the ARC is considering a student suspected of having a specific learning disability, it shall include other professionals relative to the areas of concern, such as a school psychologist, speech-language pathologist, or educational specialist

11. Post Secondary Goals • For the child with a disability beginning not later than the IEP to be in effect when the child turns sixteen, the invitation shall indicate that the purpose of the meeting is the consideration of postsecondary goals and needed transition services and shall include the identity of any other agency that is invited to send a representative.

12. Consent for Agency Invitation • Parental consent is required for the invitation of other agency representative when considering transition needs • Parental consent should be given prior to the date of invitation to the meeting • Parental consent must be in writing

13. Preschool referral • If the purpose of the meeting is to discuss transition from the early intervention program to the preschool program, the LEA shall invite a representative of the early intervention program to the initial transition ARC if the parent request.

14. Determination of Student Representative Forms

15. A parent is defined as: • biological or adoptive parent of a child; • guardian (not the state if the child is a ward of the state) • a person acting in the place of a biological or adoptive parent • a foster parent; or • a surrogate parent

16. ARC MEMBERSHIP • Documentation of ARC Membership should be done by completion of Notice and Signatures at the end of the meeting

17. Notice of ARC Meeting

18. Completing the Conference SummaryNotice of Proposed/Refused Action

19. Who is the ARC Chair? ARC Chair = LEA Representative The LEA Representative must be: • Knowledgeable about general curriculum • Qualified to supervise or provide special education services • Authority to commit personnel and fiscal resources needed to implement the IEP

20. Chairperson Responsibilities • Receive referral • Communicate with parents • Arrange for assistance for parents to complete referral within district timelines, if parents are source of referral • Identify other members of ARC • Schedule meetings • Organize collection of referral data • Facilitate ARC process in referral, evaluation, eligibility, IEP development, placement, annual review, and reevaluation • Provide support for implementation and monitoring • Accountability for compliance and provision of services planned on the IEP

21. ARC Responsibility • The first responsibility of the ARC Chairperson is to receive the referral

22. Referral System (1) An LEA shall have a referral system that explains how referrals from district or non district sources will be accepted and acted upon in a timely manner.(2) The referral system shall be conducted in such a manner as to prevent inappropriate over identification or disproportionate representation by race and ethnicityof children in special education by ensuring that each child has been provided appropriate instruction and intervention services prior to referral.

23. Appropriate InstructionReferral (3) The LEA shall ensure that:       (a) Prior to, or as a part of the referral process, the child is provided appropriate, relevant research-based instruction and intervention services in regular education settings, with the instruction provided by qualified personnel; and       (b) Data-based documentation of repeated assessments of achievement or measures of behavior is collected and evaluated at reasonable intervals, reflecting systematic assessment of student progress during instruction, the results of which were provided to the child’s parents. 707 KAR§ 3 (2)(3)(4)

24. District Decision PointComplete v. Incomplete Referrals • Do District Procedures address incomplete referrals? • Can the ARC chair accept referrals with missing information? • Does your district require completion to be considered a referral? • District Representative (ARC Chair) may only review for completeness. Cannot analyze for appropriate.

25. Completing the Referral Form

26. Scheduling the Meeting to Discuss the Referral ARC Chairperson next responsibility is to: • Select members of the ARC • Notify the members of the ARC meeting • Inform members to bring data or information about the child to the meeting

27. Notice of ARC Meeting

28. Notice of ARC Meeting

29. Notice of ARC Meeting

30. Reasonable effort documentation may include: • Records of telephone calls • Copies of correspondence sent to and received • Records of visits. KDE/cfg/BEEC/jeg

31. Conducting a Meeting Without a Parent An ARC meeting may be conducted without the parent in attendance if the LEA is unable to convince the parent that they should attend. The LEA shall have a record of its attempts to arrange a mutually agreed on time and place, which may include: (a) Detailed records of telephone calls made or attempted and the results of those calls; (b) Copies of correspondence sent to the parents and any responses received; and (c) Detailed records of visits made to the parents’ home or place of employment and the results of the visits.

32. Additional Information • A copy of the procedural safeguards (including, parent’s rights) shall be given to the parents of a child with a disability one (1) time a school year. A copy of the notice shall also be provided to the parent: • (a) upon initial referral or parent request for evaluation; • (b) upon receipt of the first state written complaint; • (c) upon the receipt of the first filing of a due process hearing in a school year; • (d) in accordance with the discipline procedures in which a decision is made to remove a student, which constitutes a change in placement, because of a violation of the code of student conduct; and • (e) upon request by a parent. • The procedural safeguards notice shall include a full explanation of all the procedural safeguards available under 707 KAR Chapter 1 and 34 CFR Section 300.504.

33. Excusal from ARC Meetings A member of the ARC team may be dismissed from attendance, in whole or in part, if the parents and the LEA agree in writing prior to the ARC meeting that the attendance of that member is not necessary because the member’s areas of curriculum or related services is not being modified or discussed at the ARC meeting. 707 KAR 1:320 Section 3 (2) 34 CFR 300.321 (e) (1) A member of the ARC team may be dismissed from attendance, in whole or in part, if the parents and the LEA agree in writing prior to the ARC meeting to waive the attendance of that member even though the member’s area of curriculum or related services will be discussed or modified if: (a) the parent and the LEA consent in writing to the excusal; and (b) the member submits, in writing, to the parent and the ARC team, input into the development of the IEP prior to the meeting. 707 KAR 1:320 Section 3 (3) 34 CFR 300.321 (e) (2)

34. ARC Responsibilities for the Referral Process

35. Due Process County SchoolsInstitute Elementary SchoolReferral for Multi-Disciplinary Evaluation

36. Major Areas(s) of Concern: Check each reason for referring this student:

37. Major Areas(s) of Concern: Check each reason for referring this student:

38. Referral for Multi-Disciplinary EvaluationPage 2 Student Name: Date of Birth:

39. Referral for Multi-Disciplinary EvaluationPage 2 Student Name: Date of Birth:

40. Referral for Multi-Disciplinary EvaluationPage 3

41. Referral for Multi-Disciplinary EvaluationPage 3

42. Referral for Multi-Disciplinary EvaluationPage 3

43. Referral for Multi-Disciplinary EvaluationPage 3 Physical Functioning:

44. Referral for Multi-Disciplinary EvaluationPage 4 Student Name: Date of Birth:

45. Referral for Multi-Disciplinary EvaluationPage 4 Student Name: Date of Birth:

46. Referral for Multi-Disciplinary EvaluationPage 4 Student Name: Date of Birth:

47. Referral for Multi-Disciplinary EvaluationPage 5

48. Referral for Multi-Disciplinary EvaluationPage 5

49. Referral for Multi-Disciplinary EvaluationPage 5

50. Referral ARC *Determine if referral supports a suspecteddisability and the need for evaluation *Determine if the referral does not support a suspected disability nor the need for evaluation *Additional information is required