Identification and referral to Special Education is also called what?
Pre-referral
Where does the pre-referral (identification and referral to
... [Show More] Special Education) process take place?
In the general education classroom.
What is the pre-referral process?
Helps general education teachers develop effective strategies that improve success for struggling students. - Prevents over-representation of students who are learning English as a New Language or students who are at risk, but do not have a disability. - Encourages communication about how to meet student needs. - A preventative process that helps eliminate inappropriate referrals to special education Data collection that can support eligibility determination, especially for suspected learning disabilities.
What is a referral?
Someone asking the school district to determine if the student is a child with a disability as defined under IDEA.
What does a high-quality general education classroom look like?
Effective use of validated curriculum and evidence-based instructional strategies - Frequent monitoring of growth and skills acquisition - Ongoing teacher training - Universal screening
What is Universal Screening?
Assessments given to all students. - Purpose: identify any student who may be struggling and begin early intervention. - Many schools do universal screening at the beginning of the year. Some do reading assessments three times per year.
Areas that may be included in Universal Screening
Vision - Hearing - Reading - Math - Behavior - Social Emotional Skills
What happens with the Universal Screening Data?
Teachers determine which students need close monitoring during Tier One instruction. - Teacher might select the lowest 25% of the class for close monitoring or use district benchmarks to select a small group of students for monitoring. - The teacher will deliver high-quality instruction to the whole class and closely monitor progress for the struggling students to see if they are responding to the high-quality instruction.
What happens in a Tier 1 classroom?
Uses evidence-based, scientifically researched core curriculum materials - Aligns to state standards. - Teachers trained in how to deliver the curriculum. - Student progress is monitored regularly. - About 75-80% of students reach competency in Tier 1.
What are some things that might spark an initial concern about a student?
Falling grades - Difficulty comprehending what is read - Motivation decreases - Behaviors (e.g., acting out or withdrawn) - Non-compliance - Executive functioning concerns (e.g., lack of organization, task initiation, impulse control) - Social-emotional concerns (e.g. lack of confidence, difficulty with change) - Trauma (e.g., family death, divorce, starting a new school) - Significant absences
How does the teacher know the student is not meeting competency in Tier 1?
Data analysis. - Is the rate of learning sufficient for the student to reach the average range with peers in a reasonable amount of time? - Can the intensity of interventions be maintained in the general education classroom or is more needed? - Is the student able to reach the average range with accommodations? : Remember, anyone can have an accommodation. We are simply providing access.
What happens to a student who is not meeting competency in Tier 1?
Begins additional small group instruction and more intensive monitoring - Tier 2.
What happens in Tier 2?
This is supplemental to what the student continues to receive in Tier 1. - A small group of students may be pulled aside while Tier 1 students are completing some independent work or working in stations. - Tier 2 focuses on specific skill-building and practice. - The teacher chunks down what was taught in Tier 1 and reteaches a smaller chunk, using different strategies and tools. For example, if the students are working on 1:1 correspondence for numerals 1-10; in the Tier 2 group, the students might work on numerals 1-5. - The small group might meet 2-3 times per week to practice the skill. - Skill progress is assessed more frequently than in Tier 1. - Goal is for student to reach the average range in the skill and return to success in Tier 1.
How do we know if the student is making adequate progress in Tier 2?
Example of a student responding positively to the Intervention This fourth grade student had 9 weeks of small group instruction 1 hour/day, 5 days/week. Progress monitoring results indicated a 24-point increase, At the current Rate of Improvement (ROI), the student will "catch up" to the 4th grade EOY benchmark with an additional 3 weeks of instruction
What is Tier 3 intervention in RTI?
This is supplemental to what the student continues to receive in Tier 1. - An individual student may be pulled aside while Tier 1 students are completing some independent work or working in stations. -bTier 3 focuses on more time, more attention and special resources - The small group might meet 4-5 times per week to practice the skill. - Skill progress is assessed more frequently than in Tier 2 - Goal is for student to reach the average range in the skill and return to success in Tier 1.
Is Tier 3 Special Education?
No. Tier 3 is part of general education.
What is the IDEA Special Rule for eligibility determination?
Under Section 300.306 of IDEA, the Special Rule states that a student cannot be found eligible for special education if, the main challenge for the student is:
o Lack of appropriate instruction in reading
o Lack of appropriate instruction in math
o Limited English proficiency
Why is the IDEA Special Rule for eligibility determination important in pre-referral?
• The general education staff must provide data to the eligibility determination team that demonstrates the student has had appropriate instruction in reading and math. The student has had the opportunity to learn those academic subjects.
• The general education staff must provide data to the eligibility team that demonstrates that in addition to limited English proficiency, a disability is also suspected. ELs can have disabilities. Learning English is NOT a disability.
When is a Tier 3 student referred to special education?
• The student is not making progress
•The general education team is confident that their data meet the standards for IDEA's Special Rule.
What is Child Find?
• Child Find is part of the Zero Reject principle of IDEA.
• Child Find requires states/districts to identify, locate, and evaluate (if appropriate) students who need special education.
• Anyone with knowledge about a child can refer the child for special education evaluation
If a student is referred under Child Find, is the district required to evaluate the student?
No. The school must consider the request to evaluate. If there is no reason to think the student has a disability, the school does NOT need to evaluate.
Which cases are most closely related to the IDEA principles of Zero Reject and Child Find?
PARC and Mills : Prior Written Notice (PWN) and Informed Written Consent
What is Prior Written Notice?
• It is one of the procedural safeguards provided to parents and students in IDEA.
• Written explanation of an action the school want to take that concerns the student.
• Designed to keep parents up to date on important decisions for their child
What must be included in a Prior Written Notice for eligibility determination?
• An explanation of what the district plans to do. In this case, assess the child to determine if they are eligible for an IEP.
• A description of other options and why they were rejected. You must be specific here. The student received extra help general education with reading. His skills remain significantly below grade level.
• A description of each assessment used in decision making. For eligibility determination, the assessment plan is attached.
• A reminder that parents have rights to procedural safeguards and due process rights
• Information about how the parent can get a written copy of their rights
• Contact information to get help in understanding their rights.
What must the district do to ensure parents understand the PWN?
• Write the PWN so anyone in the general public can understand it
• Provide the PWN in the mode parent's normally use (native language if they do not read English, Braille, large print, etc.)
What is the legal definition of "consent" under IDEA?
Consent must be informed. The parent must understand what they are agreeing to. The Prior Written Notice (PWN) must be in parent's primary mode of communication (native language or Braille)
•Consent must include a written signature. A verbal agreement does not qualify as consent.
• Consent is voluntary. It can be withdrawn at any time.
What does IDEA mean when it says "parents?"
• Under IDEA, the person legally responsible is the person who can give consent.
• Often the consent giver will be the biological parent.
• Could include grandparents, step parents, surrogate parent appointed by the court, or a court-appointed guardian.
Does the parent have to agree to eligibility determination assessment?
o No.
o The school will not be able to assess for eligibility determination.
o The child will "stay put" in the general education classroom
Stay Put is one of the procedural safeguards provided to parents and students in IDEA.
Evaluation for Special Education
• Multidisciplinary Team (MDT)
• Assessment Plan Design
• Administration and Interpretation of Results
What is the purpose of evaluation in special education?
• Determine if the student meets the IDEA definition of "Child with a disability"
• Gather information to determine the unique needs of the student
•Guide the decision-making about appropriate education in the least restrictive environment
What is IDEA's definition of a "Child with a disability?"
The student has one of the disabilities listed in IDEA AND because of the disabilities requires specially designed instruction and related services.
What are the disability categories found in IDEA?
1. Autism Spectrum Disorder
2. Deafness
3. Deaf-blindness
4. Developmental delay (defined by each state)
5. Emotional disturbance
6. Hearing impairment
7. Intellectual disability
8. Multiple disabilities
9. Orthopedic impairment
10. Other health impairment
11. Specific learning disability
12. Speech or language impairment
13. Traumatic brain injury
14. Visual impairment, including blindness
What is the timeframe for conducting the initial evaluation and the parents giving informed, written consent?
Within 60 calendar days of receiving the parent consent or within the timeline established by the individual state.
What does IDEA require for an initial evaluation?
• The evaluation must be comprehensive so that all of the special education and related service needs for that individual child are identified.
• The evaluation must use a variety of assessment tools and strategies to gather functional, developmental, and academic information about the student.
• No single test (especially IQ) can be used as the only evaluation
• A variety of methods are used (testing, observations, interviews, etc.)
• A variety of sources provide information (parents, teachers, specialists, the student, etc.)
What types of assessments are in the Assessment Plan for an initial evaluation?
• General health
• Vision and hearing
• Social emotional status
• General intelligence
• Academic performance measures
• Communication skills
• Motor abilities
IDEA requires that technically sound instruments and process are used in the evaluation process. What does this mean?
• The instruments must be valid and reliable.
• The assessments must be given by trained and knowledgeable people
• The assessment must be given properly, following the instructions of the test vendor
• The assessments must be used for the purposes for which they are valid and reliable so that the results are valid and reliable.
• The assessments must consider language, communication mode, and culture
• The assessments must take into account challenges the student might have to the assessment is measuring the student's performance or achievement, not the challenge.
In which cases were these technical procedures violated?
• Hobson v Hansen - inappropriate use of testing to track students. The assessment was not used for the purposes for which they are valid and reliable, so the results are not valid and reliable.
• Diana - not testing in native language. The assessment was not used for the purposes for which they are valid and reliable, so the results are not valid and reliable.
• Larry P. - test was not culturally relevant. The assessment was not used for the purposes for which they are valid and reliable, so the results are not valid and reliable.
Why is pre-referral data reviewed?
To determine if the existing data are sufficient to determine eligibility or if additional information is needed.
Who designs the Assessment Plan?
The school psychologist is the expert in assessment. They generally design the assessment plan
Who makes up the Multi-Disciplinary Team (MDT) or evaluation group?
• The core four, plus specialists related to the unique needs of the student
o School psychologist
o General education teacher
o Special education teacher
o Parents
What is an IEE?
• Independent Education Evaluation
•One of the procedural safeguards and due process rights under IDEA
Why would parents ask for an IEE?
• If the parents disagree with the district's evaluation results, the parents can request an IEE at public expense.
• At public expense means there is no cost to the parent
• Parents can get an IEE at their own expense. The school must consider (not necessarily use) the results of the IEE as long as it is technically and procedurally sound.
What happens when the parent requests an IEE?
• The school district can initiate a due process hearing to show that their evaluation meets all of the technical and procedural requirements.
•The school must provide the parents with information about where to get an IEE and the requirements for the IEE. These requirements must be the same as the district's requirements for evaluations.
Which due process rights and procedural safeguards are tapped in the evaluation process?
• Parent Participation - the right to be included in meetings where decisions are made about their child
• Prior Written Notice - the right to receive advance information about what the district plans to do and why
• Consent - the right to understand what the district plans to do with your child and to give permission before any action is taken. The parent has the right to say "no."
• IEE - the right to get an independent educational evaluation.
Eligibility Determination
• The student meets requirements for one or more categories of disability in IDEA
• The student requires special education and related services as a result of the disability
• The disability has a negative affect the student's educational achievement or performance
• Requirements for ID category
• Requirements for the SLD category
• Reporting Results to Parents
What happens after the evaluations are complete?
The MDT or evaluation group meets to consider the assessment data and other information to determine if the student is "a child with a disability" as defined under IDEA.
What is the IDEA definition of a child with a disability?
• The student meets requirements for one or more categories of disability in IDEA
• The student requires special education and related services as a result of the disability
• The disability has a negative affect the student's educational achievement or performance
What must the MDT consider as it reviews the evaluation data?
o The evaluation data
o Parent input
o Teacher recommendations
o Information about the student's health and physical condition
o Student and family's social and cultural background
o The student's adaptive behave
What is a specific learning disability?
A failure in specific brain processing the makes it hard to understand or use language, learn to read, do math, to write, speak, spell, or listen. (EX: Dyslexia, dyscalculia.)
What are the rules for eligibility determination for Specific Learning Disabilities?
o Severe discrepancy between IQ (predicted school success) and actual achievement
o A process based on the student's response to scientific, research-based intertervention (RTI)
• The severe discrepancy cannot be the result of
o Visual, hearing or motor impairment
o Intellectual disabilities
o Emotional disturbance
o Environmental, cultural, or economic disadvantage
• The evaluation must include an observation of the student's academic performance in the general education classroom by an evaluation team member who is not the student's general education teacher.
If the severe discrepancy model is used, how is the "severe" discrepancy defined?
Each state determines the severe discrepancy.
What is the definition for Intellectual Disability?
• Below average IQ and limitations in functional or adaptive behavior.
• Functional behaviors include
o Social Skills
o Daily Living Skills
o Conceptual skills like language, time, self-direction
• Learning takes longer than for typical students
• Some complex skills may not be learned
IEP Development
• IEP Team
• IEP Mandatory Components
• Services
• FAPE
What is an IEP?
• A written contract the details the unique needs of the student and the special education and related services the student will receive.
• The IEP details how the student will receive FAPE. The services the student receives
• Set reasonable achievement and performance goals
When is the IEP developed?
The IEP meeting must be held within 30 calendar days after the eligibility determination and parent consent.
What are the mandatory IEP components?
A statement of the child's present levels of academic achievement and functional performance, (PLAAFP) including how the child's disability affects their involvement and progress in the general education curriculum
• Measurable annual goals, including academic and functional goals
o How student progress toward meeting the annual goals will be measured, and when progress will be reported
• Special education services. Instruction that is specially designed to meet the unique needs of the child
o specially designed instruction means adapting the content, methods or delivery of instruction to meet the unique needs of the child. The adaptations must effective and based on research.
• Related services. Support from experts in specialized areas such as PT, OT, Speech, counseling, etc.
• supplementary aids and services improve student's access to learning and participation in academic, extracurricular, and nonacademic activities and settings.
o curriculum accommodations or modifications such as pacing, more time, set of materials for the home, recordings of instruction, sign-language, guided notes, large print, checklists, alternative assessments, accessible educational materials, teaching strategies
o environmental supports such as preferential seating, coverings for fluorescent lights
o staff support for students such as classroom buddy, 1:1, behavior support, para support
o specialized equipment for the student such as computer, augmented communication, restroom equipment
o student self-management such as calendars, study skills
o social Interactions support such as social skills training
o specific training for the staff working with the student.
• Program modifications. Significant modifications for students. For example, curriculum modification (teaching 1st grade reading skills instead of 4th grade) and modifications in measurement of learning (measured on 4 elements of rubric, not 6). These significant modification should be reviewed with parents. For example, if we cannot close the 3-year reading gap, the student may not be able to graduate from HS on time.
o Can also include supports for staff such as consultation, attending workshops, special teacher materials
o These staff supports may be placed here or in supplemental aids and services.
• Extent of participation or LRE - Least Restrictive Environment. An explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in extracurricular and nonacademic activities.
• Individual accommodations that are necessary for State and districtwide assessments
• (Note: If the IEP team determines the student must take an alternate assessment instead of the State or districtwide assessment of student achievement, the IEP must include a statement of why the child cannot participate in the regular assessment and why the particular alternate assessment selected is appropriate for the child. This applies to very few students - capped at 1% under ESSA)
• The projected date for the beginning of the services and modifications, and the anticipated frequency, location, and duration for services and modifications.
• When the student turns 16, the IEP must include measurable post-secondary goals related to education, training and employment and a plan to attain those goals. For students who will need assistance with independent living, a goal for that area must be included.
• One year BEFORE the student reaches the State defined age of majority, the IEP must include information on what rights will transfer to the student.
What is Age of Majority?
• Age of majority is determined by state law. Most states recognize age of majority as 18.
• At age 18, procedural rights transfer to the student, unless the student is "not competent" to make legal decisions under state law. Then the rights remain with the parents.
• Under IDEA parents continue to receive PWN along with the student after the student reaches the age of majority.
Who are the mandatory IEP team members?
• Parents
• At least one general education teacher
• At least one special education teacher
• Local Education Agency (LEA) representative. This representative must be knowledgeable of both special and general education and availability of resources. Often this is a school principal.
• Someone who can interpret the instructional implications of evaluation results. For initial evaluations, this is often the school psychologist.
Who else might attend an IEP meeting?
• Related service providers
• Parent Advocates
• The student
What happens at an IEP meeting?
• At an initial IEP meeting, the evaluation results are shared. The team members share their thoughts and suggestions.
• The team discusses each section of the IEP. The team will reach consensus on what services are to be provided to the student to reach the annual goals. Then, the team discusses placement and time with non-disabled peers.
What are special factors that must be considered in the IEP?
• Behavior Does the student's behavior interfere with their own learning or the learning of others? If yes, the team discusses how to use positive behavior interventions and supports to address the behavior. An FBA and BIP may be recommended.
• Limited English Proficiency. What language supports are needed in addition to services for the disability? LEP is NOT a disability.
• Blind and Visual Impairment. Discussion on appropriateness of use of Braille and instruction in Braille.
• Communication Needs. This discussion applies to all students. What skills does the student have? Do they communicate effectively? This is a very important area for non-verbal students. For students who are Deaf or Hard of Hearing, the team must discuss opportunities for instruction in the student's language and communication mode.
• Assistive Technology. Does the student need assistive technology, devices and/or services?
What does IDEA say about FAPE?
FAPE of a cornerstone of IDEA. Every eligible student with a disability is entitled to a free appropriate public education that emphasizes special education and related services designed to meet the student's unique needs and that prepares the student for further education, employment, and independent living.
Was the term "appropriate" as used in FAPE defined in IDEA?
No, the law did not define what "appropriate" meant. IDEA says that the special education and related services provided in the IEP must provide the student with FAPE.
What is the primary vehicle for delivering FAPE?
• The IEP
• The IEP must be "reasonably calculated" or our very best effort and thinking, to provide FAPE to that student.
What is the first Supreme Court case to address FAPE?
Board of Education v Rowley
What did the Supreme Court say about "appropriate" in the Rowley case?
• District must provide personalized instruction and sufficient support services that allow the student to benefit educationally.
• IDEA does not require that we "maximize the potential" of the student nor provide the best possible education
• The student must benefit from the services provided which is measured by progress
What did the Supreme Court say about "appropriate" in the Endrew case?
• IEP must ensure more than de minimis or the minimum educational benefit
• IEPs must be "appropriately ambitious" for the unique needs of the student.
• Every student must have a change to meet challenging goals
• The adequacy of any IEP is based on the unique needs of the student
• Emphasized importance of meaningful parent collaboration and input into the IEP
What do IDEA 2004 and the regulations say about FAPE?
• IDEA focuses on quality of services students receive and the outcomes of those services.
• High expectations are required.
• Instruction must ensure that students can access and progress in the general education curriculum.
• IEPs must approximate the student's chronological age grade level
• The IEP must be federally compliant.
• Extended School Year (ESY) or more than 180 days of instruction per year must be considered
• Other funding sources, such as Medicaid or private health insurance, should be used to pay for some Special Education services.
•The IEP must ensure access to the general education curriculum.The IEP must be aligned with the state academic content. In other words, the IEP must be standards-based
Does FAPE require that the school provide "the best possible services" or maximize the potential for the student?
No. FAPE is a basic opportunity to make progress.
Does FAPE require that parent demand for a specific instructional program or class setting be honored?
No. The parent can provide input and state preferences. The IEP team makes the decision about services.
Does FAPE guarantee the student a spot on a team or in an extracurricular activity?
No. FAPE does not provide preferential treatment. The student must have an equal opportunity to participate.
What is the principle of LRE?
• Provide education to students with disabilities in nonsegregated settings as much as possible/appropriate.
• IDEA says: Special classes, separate schooling or other removal from the general education environment should occur only when the nature or severity of the disability prevents the student from satisfactory achievement.
• LRE can also be called the "extent of participation" referring to how much time the student will be with non-disabled peers.
• LRE influences where a student spends time at school and the other students they interact with.
•Districts must provide supplementary services if the child is placed in the general education classroom. Services like resource room, consulting teacher, or itinerant services.
What is the "continuum of alternative placements?"
• IDEA requires that each district make a continuum or sequenced list of the placement options available in the district.
• If the team determines that the student cannot make progress in the general education classroom, then the alternative placements are considered.
What is the purpose of the Continuum of Alternative Placements? (Also known as the Cascade of Placement Options)
• Ensure the student with a disability is served in a setting where the child can make progress on their IEP goals.
• Emphasizes the importance of individualization. What will work for this child?
How are placement/LRE decisions made?
• IDEA requires the placement team include people with specific expertise or knowledge
o Parents
o Personnel who know the placement options available to meet the student's needs
o Individuals who understand and can interpret the data used to develop the student's IEP.
This group is often the IEP team, but can be a separate team
• Placement decisions cannot be made based on budget, open seats, or for the district's benefit
• The team must make the placement decision based on the student's IEP
• The placement must be as close to the student's home as possible (not an absolute right to the neighborhood
• Place the student in the school they would normally attend if possible ((not an absolute right to be in the neighborhood school)
Why is important that the student in in the LRE?
• As Brown ruling stated: separation in education is stigmatizing
• Expectations may not be high enough in homogeneous settings
• There is value in interactions for both students with disabilities and typical learners.
• Peer modeling
What is the LRE test (The Two-Prong test) established in the Daniel RR case?
• Can the student make progress in the general education classroom with supplemental aids and services?
• Is the student with non-disabled peers as much as possible?
The court also said that these factors can be considered in the LRE decision.
• Have sufficient efforts been made to accommodate the student in the general education classroom with supplemental aids and services?
• Will the student get educational benefit in the general education classroom given the nature and severity of the disability?
•What will be the impact or disruption for the education of other students in the general education classroom?
Does LRE apply only to academic programming?
• No!
• IDEA extends LRE to nonacademic and extracurricular activities. Examples: breakfast/lunch, recess, sports, student organizations, clubs
Does IDEA require/mandate full inclusion?
• No!
• The education of students with disabilities must be proved, to the maximum extent appropriate, with those who do not have disabilities.
• Age-appropriate placement is a consideration in LRE
Which case informed our understanding of LRE?
Daniel RR
Progress Monitoring, Annual Review and Re-Evaluation
• IEP Goal Monitoring
• Progress reporting
• Annual Review
• 3-year Re-Evaluation [Show Less]