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Due Process Requirements File Review Standards January 2009.

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Presentation on theme: "Due Process Requirements File Review Standards January 2009."— Presentation transcript:

1 Due Process Requirements File Review Standards January 2009

2 Privacy Rights Access log in every file Team members of student do not have to sign log Authorization to release private data forms found in file as needed with parent signature Renewed annually County case workers, probation workers, Physicians, medical clinics PLEASE SIGN ACCESS LOG AS YOU BEGIN TO REVIEW FILE

3 Pre-referral Interventions (Ages 5-21) Two interventions Correlate with area(s) of concern 8 weeks each Documentation of impact of interventions Data presented Look for yellow sheet or printed web-based form

4 Part C Referrals Made within 2 days of child being identified by outside agency, hospital, doctor, parent Service coordinator appointed ASAP after referral

5 Evaluation Planning Team of qualified individuals discuss plan Parent involvement required Invitation to participate in evaluation planning  Oral or written IEP meeting notice Look at contact log Determine if parent input obtained on areas to assess and their concerns

6 Evaluation and Parent Role Participate in planning evaluation needs and areas Provide data for the evaluation Assist in determining eligibility Notice of IEP Meeting

7 Multidisciplinary Assessment Team More than one person Person(s) trained in administering assessment tools included in evaluation plan Person licensed in the disability area If SLD suspected, general education teacher Secondary transition personnel as appropriate Knowledge of cultural issues for discussion regarding behavior and the possible development of a BIP Interpreter, if needed

8 Evaluation Planning Purpose: Full and individual evaluation Collect data on functional, developmental, and academic skills Consideration of existing data Comprehensive, multidisciplinary Address all areas of suspected disability Variety of assessment tools and strategies Validated for purpose used Technically sound Trained and knowledgeable personnel

9 Nondiscriminatory Evaluation Practices Materials/methods used not racially or culturally biased Provided and administered in native language or other mode of communication

10 Initial Evaluation/Re-evaluation Plan Plan defines Reason Areas to be assessed Names/titles of assessors Location of assessment School, natural environment, child care Tests, observations, informal procedures No acronyms for tests Modifications, use of interpreters, etc Document must be in file ESR and plan contents should match

11 Infant/Toddler Evaluation Evaluation conducted by trained personnel Based on informed clinical opinion Review of pertinent health and medical records Evaluation of level of functioning Cognitive Physical (including vision, hearing) Communication Social/emotional Adaptive Identifies services from other agencies Family evaluation (voluntary) Priorities Concerns

12 Evaluation Timelines (ages 3-21) Initial evaluation: 30 school days after receipt of parent signature Re-evaluation: Minimum every 3 years or earlier if needed 30 schools days Parent signature OR Documentation of multiple attempts to get signature  Detailed phone logs, contact logs, copies of correspondence If no signature, lapse of 14 calendar days

13 Part C Evaluation Timelines Completed within 45 days of referral receipt IFSP meeting held within same 45 day period

14 SLD Evaluation Team Parent General education teacher At age 4-5: Individual qualified to teach same aged child Individual qualified to conduct individual diagnostic evaluations Psychologist, speech/language Team member licensed in SLD

15 Secondary Transition Evaluation Evaluation plan includes Begins in 6 th grade or by age 11 with re-evaluation in 6 th grade (SPPS only) Re-evaluated every three years All five areas evaluated Employment Post-secondary training and education Recreation/leisure Home living Community participation Daily living skills, when appropriate

16 Evaluation Summary Report Completed within 30 school days timeline Report content Background information, including parent information, intervention data Summary of evaluation results (match eval. plan) Present level of academic and functional performance statements  Data on impact and participation in general educ. curriculum  Transition assessment results, if applicable Interpretations  Data synthesized for eligibility decision  Educational needs

17 Evaluation Summary Report Assessment Results Names of assessments and procedures Names and titles of assessors Standard scores, percentiles, standard deviations, etc. Explanation of data in parent friendly language  Describe student’s skills and skill gaps

18 Evaluation Summary Report Evaluation Summary Report DESCRIBE WHAT THE LEARNER CAN DO ….. Present Level of Performance easily understandable language for parents functioning level in the curriculum and other areas statements in areas assessed

19 INTERPRETATION OF RESULTS Synthesis of information from all components of report Present data related to eligibility criteria components in order to validate eligibility Identify educational needs of student (leads to goals) Do not make statements about services, placement decisions or recommendations Evaluation Summary Report CORRELATE ASSESSMENT WITH PROCEDURE...

20 Evaluation Summary Report TEAM JUDGMENTS - Determine if meets criteria or has a continuing need - Determine if “in need” of special education services DO NOT MAKE PLACEMENT DECISIONS...

21 Eligibility Criteria All criteria components must be addressed in ESR Use individual criteria sheets to review ESR

22 Team Override (if applicable) Why standards and procedures resulted in invalid findings Identification of objective data used to conclude student has disability and needs special education and related services Identification of what data had greatest importance for decision Team signatures If disagreement, statement attached Look in ESR interpretations section for these data

23 SLD Criteria Must be complete and address all components Written report in ESR contains Statement of eligibility Statements of basis for making decision Description of relevant behavior noted during observations Relationship of behavior to academic functioning

24 SLD Written Report ESR contains data to validate Severe underachievement in curriculum Information processing disorder in variety of settings Severe discrepancy between intellectual ability and achievement Observations of relevant behavior made by team member (not gen. ed tchr) Relationship of behavior to academic functioning

25 SLD Written Report (cont’d) Written report statements: Whether child does not achieve adequately for child’s age or to meet state’s grade level standards in one or more areas Documentation of pattern of strengths and weaknesses Performance, achievement or both relative to age or state’s grade level standards or intellectual development Documentation Instructional strategies used Data collected

26 SLD Written Report (cont’d) Written Report statements: Team signatures reflecting personal reflection on report If disagree, separate report attached Educationally relevant medical finding(s) Documentation of decision on effect of visual, hearing or motor disability, mental retardation, emotional disturbance, economic disadvantage or limited English proficiency on achievement level

27 Complete Entire Document Evaluation Summary Report

28 Evaluation Report Must provide copy of report to parent(s) within 30 school days from the date of parental consent

29 Individual Education Plan IEP TWO COMPONENTS THE MEETING THE PRODUCT IEP

30 Timelines for IEP meeting Initial 30 calendar days after eligibility decision Annual Review and revise within 12 months of last IEP date (NEW: this is now the meeting date) Unless services ending date is sooner Following re-evaluation 30 calendar days of eligibility decision Count days between ESR meeting and IEP meeting date

31 IEP/IFSP Standards (for ages 3-5) If continue to use IFSP Contains all IEP components District provided detailed explanation of difference between IFSP and IEP Written informed consent from parent Review IFSP for added IEP components Review Prior Written Notice Check contact log for documentation of explanation

32 Notice of IEP/IFSP Meeting Date of notice at least 10 days prior to meeting date Meeting scheduled at convenient time Alternative meeting options offered (documented) Notice includes Date and time of meeting Purpose of meeting Location of meeting Names of people invited Mandated members at minimum on list If parent does not attend Documentation of multiple attempts to notify Check dates, contact logs

33 IEP Team Members (ages 5-21) Parents General education teacher If mainstreamed or thinking of inclusion Team member licensed in student’s disability area Licensed special education teacher Representative of district Interpreter Student (by age 14 or grade 9) If applicable, private school representative If applicable, out of district representative Secondary Transition age (parental consent required) Outside agency transition service provider/payor Mandated As needed

34 IFSP Team Members (ages 0-5) Parents Team member licensed in student’s disability area Licensed special education teacher Age 3-4-5: General education teacher (day care, inclusion) If mainstreamed or thinking of inclusion Representative of district Age 3: Service Coordinator must be included for transition conference Representative of district Transition from Part C (age 3) to Part B Service Coordinator Representative of District not required Mandated If needed

35 Transition Conference prior to Age 3 Transition conference held at least 90 days or up to 9 months prior to turning age 3 New IEP written Team included Parents Service providers Service coordinator Representative of District Evaluation completed to verify eligibility for developmental delay criteria or other criteria

36 IEP/IFSP/IIIP Contents PLAAFPs Goals and objectives Services LRE statement Adaptations/Modifications Progress reporting ESY addressed Assistive technology need addressed State testing starting in grade 3

37 IEP Team Members Attendance If mandated member not attend Notice of Attendance Excusal sent prior to meeting Names put under appropriate section If area to be discussed, mandated team member sent written input prior to meeting If signature not received for any proposed mandated member to be excused Documentation of attempts to obtain signature Documentation of phone calls Documentation of signature prior to IEP meeting Documentation of rescheduling of meeting Check IEP to see who attended Locate Notice if someone not present Locate written input, if applicable Check contact log documentation

38 Internally Consistent Direct relationship between Evaluation results and needs explained in ESR Present level of performance statements Need statements Goals and objectives/benchmarks Services

39 Present Levels ofPerformance Needs IEP/IFSP Flow Goals ObjectivesObjectives Placement ServicesServices

40 Not Based on: Service Availability Disability Space Availability Curriculum Content Instructional Methods IEP PLACEMENT School Organization School Organization

41 Present Level of Academic Achievement and Functional Performance Present functioning level in academic achievement and functional performance K-12: Impact of disability on participation in general curriculum Ages 0-5: how disability affects participation in appropriate activities Based on data Objective measurable Needs defined

42 Present Level of Academic Achievement and Functional Performance A statement of the child’s present levels of educational and functional performance Based on current information Relevant to the student From a variety of sources  Includes how the child’s disability affects the child's involvement and progress in general curriculum

43 PLAAFP Example Unacceptable Examples: Pete is aggressive Sam needs to improve his behavior Ted is low in reading Sally needs to pass the BST and classes in school Pat has the following scores on the WJ-III. (PLAFFP includes only test scores) Test scores are repeated on each successive IEP

44 PLAAFP Example Are they OK? Jon has made gains in his writing skills since last year. He is able to write in complete sentences, but still needs reminders for punctuation. Jon can write in paragraph form, but has difficulty writing his own ideas if a content model is not provided. Jon is beginning to use descriptive elements in his writing assignments (adjectives, adverbs, pronouns, prepositions) and always writes in the first person. Jon has difficulty with fine motor skills that makes it difficult to write as quickly as his peers. He uses word prediction software to assist him in taking notes during class. His father indicated he is less frustrated in completing homework assignments in the past two months.

45 PLAAFP Example: Which one is OK? Sally is currently in first grade and she is reading at grade level. Her mother indicated that she enjoys reading to here younger brother at home. Sally’s math skills are well below her peers. Sally can recognize the number 0-10. When she was presented with two digit numbers she stated the last digit in the number (example: for the number 18, Sally said it was the number 8). Sally did this consistently for the numbers 11-20. Sally can rote count to 39. In counting objects she is able to only count 21 objects, yet when asked to count objects in a picture she had a difficult time keeping track of the objects and was only able to count objects if there were fewer than five on a page. Sally knows the following shapes: circle, square and star. She did not know oval, diamond, or rectangle.

46 IEP/IFSP GOALS There should be a goal for each identified need in the PLAAFPs Aligned to data in PLAAFPS Goals are statements that address what the IEP team believes can be accomplished in twelve months Goals must be measurable

47 IEP Goals One for each need (academic, educational and functional) Designed to enable involvement in and progress in general curriculum Aligned to standards Measurable, specific (Same as objectives) Conditions under which the evaluation of progress will occur Direction of change Skill area Expected performance level

48 Goal Components Conditions for evaluation Skill/behavior to be performed Evaluation criteria, procedures Circumstances under which behavior is to be performed Environment Specialized instructional materials/equipment Assistance Observable Verifiable What will be used to measure performance? Method Instrument Course of Action

49 Goal Components Conditions for evaluation Skill/behavior to be performed Evaluation criteria, procedures When given fifteen 3-digit addition problems and no calculator, the student will compute the addition problems with no more than 3 errors, in 2 out of 3 trials. After reading a book of his own choosing, the student will give an oral book report summarizing the content of the story, with 80 % accuracy as measured by teacher matrix. When in a group settingthe student will verbally participate in conversation In 9 out of 10 trials without verbal prompting, as measured by daily chart

50 Effective Goals IEP goals are based on the student’s evaluated needs. The focus of the specially designed instruction is to teach the skills that impact progress in the general education curriculum due to the disability.

51 Ineffective Goals  IEP goals based on expectations for all students, such as:  Pass all classes  Improve attendance  Pass the Basic Standards Tests

52 IFSP Goals

53

54 Short Term Objectives/Benchmarks Measurable, intermediate steps leading to the attainment of the goal. Aligned to goal Specific to skill/behavior in goal Minimum 2 per goal Mandated components Conditions under which the evaluation of progress will occur Direction of change Skill area Expected performance level

55 IEP Objective Components

56 IFSP Objectives/Benchmarks

57 IEP Objective Components Conditions for evaluation Skill/behavior to be performed Evaluation criteria, procedures Circumstances under which behavior is to be performed Environment Specialized instructional materials/equipment Assistance Observable Verifiable What will be used to measure performance? Method Instrument Course of Action

58 IEP Objective Components Conditions for evaluation Skill/behavior to be performed Evaluation criteria, procedures When given fifteen 2-digit multiplication problems and no calculator, the student will compute them with no more than 3 errors, in 2 out of 3 trials. When given a paragraph at student’s reading level, the student will orally present the sequence of facts, author’s name and title of paragraphs, and main characters of paragraph with 90% accuracy as measured by teacher checklist. When in a play setting with one other student, the student will verbally respond to partner’s initiated statement with aligned statement within 10 seconds In 9 out of 10 trials, as measured by chart

59 IFSP Objective/Benchmark Components

60 IFSP Objectives Examples

61 Sequencing Conditions John will improve compliance with following instructions given by his teacher from noncompliance to following instructions without prompts.  During classroom instruction, John will use the steps for following instructions when verbally prompted within 10 seconds with no errors as measured by teacher observations.  During classroom instruction, John will use the steps for following instructions when prompted non-verbally within 10 seconds with no errors as measured by teacher observations.  During classroom instruction, John will use the steps for following instructions without prompts within 10 seconds with no errors as measured by teacher observations.

62 Sequencing Skill or Behaviors When given a starter topic, John will increase his sentence writing skills from writing simple sentences to writing compound-complex sentences with 85% accuracy.  When writing, John will write a complex sentence with correct SV agreements, mechanics, and subordinating conjunctions with 85% accuracy as measured by daily classroom work or teacher made tests.  When writing, John will write a compound sentence with correct SV agreements, mechanics, and coordinating conjunctions with 85% accuracy as measured by daily classroom work or teacher made tests.  When writing, John will write a compound-complex sentence with correct SV agreements, mechanics, and conjunctions with 85% accuracy as measured by daily classroom work or teacher made tests.

63 Sequencing Criteria Sara will improve her organizational behavior during passing time from being late 5 times a day to being late only one time a week. Between class periods, Sara will utilize organizational strategies to ensure she arrives to class and is seated in her desk when the bell rings on 3 out of 7 times as measured by teacher reports. Between class periods, Sara will utilize organizational strategies to ensure she arrives to class and be seated in her desk when the bell rings on 5 out of 7 times as measured by teacher reports. Between class periods, Sara will utilize organizational strategies to ensure she arrives to class and be seated in her desk when the bell rings on 7 out of 7 times as measured by teacher reports.

64 Progress Reporting Frequency of reporting At least quarterly or as often as report cards are provided to parents Methods used to provide reports on progress At least 1 written report Don’t just use template, but modify individually

65 Progress Reports Reporting addresses each goal Degree of progress sufficiency to meet goal by end of IEP If progress is insufficient IEP team must meet to review IEP Goals and objectives revised Ensure success Find written progress report and check contents Review contact log for other reports

66 IFSP Periodic Reviews Every six months Review includes Degree of progress Modifications/revisions, if necessary Provided for participation of Parents Service coordinator Other family members Advocate (when parent requests)

67 Special Education & Related Services List service area (provider name not needed) Identify Amount of service Frequency Duration Can be monthly Start and end dates Location of service general or special education

68 Supplementary Aids and Services Adaptations/Accommodations Supplementary Aids/Services Supports for school personnel Address what training or support needed  Parents  Teachers  Paraprofessionals Statement of need for 1:1 para and specific duties of para (listed in service area also) What services to be provided (resource, itinerant) Adaptations/Accommodations Specific description Not “may”

69 Least Restrictive Environment Description of options considered and rejected Description of reasons for removal from general education peers Ages Birth-5: Description of reasons for removal from natural environments Description of federal setting

70 Additional Components Extended School Year Address annually need for ESY Plan attached, if applicable State and District-wide Assessments Team determines participation Description of modifications Statement of why assessments not appropriate and how to be assessed (name of alternate assessment) Grad Tests and BSTs scores provided Length of school day

71 Infant/Toddler Coordination of Services Coordination with other educational programs Head Start ELL Indian Education Family Service Collaboration

72 Secondary Transition By age 14 or grade 9, IEP addresses needs (or age 11 & up) Transition goals (outcome focused) based on assessment and needs described in PLAAFPs Courses of study defining graduation path by age 14 or grade9 By age 16, IEP addresses Three mandated goal areas (federal) Education Training Employment If appropriate, independent living skills Other areas as needed (state) Parental consent for inviting outside transition agency personnel Date on IEP when student (age 17) trained on rights At age 17, Notice sent to parent informing them that student is assuming parent status at age 18 ALL notices provided to student and parent(s) after age 18

73 Significant Changes to the IEP Significant changes are defined in Minnesota rule: the IEP goals have been completed or require modification based on a progress report; there is a need to add or delete a service based on a progress report or evaluation; there is a change in the type of site or setting in which the student receives special education; the amount of time a student spends with non- disabled peers is changed; the amount of special education to accomplish the goals or objectives needs to be increased or decreased; or the team determines there is a need for a conditional intervention procedure.

74 Determining Child No Longer Has A Disability: Graduation/Aging Out Summary of Performance report completed Academic achievement Functional performance Recommendations on how to assist child in meeting postsecondary goals Provide to parent and student with Prior Written Notice Copy of report must be in student file

75 Transfer Students Intrastate transfers Newly enrolled IEP upon enrollment date Decision on acceptance of IEP and/or ESR If evaluate, then reassessment Due process procedures followed Interstate transfers Newly enrolled IEP upon enrollment date Decision on acceptance of IEP and/or ESR If evaluate, then initial evaluation Due process procedures followed

76 IEP in Effect At beginning of school year Within 30 calendar days of eligibility decision Implemented as soon as possible after IEP meeting IEP written ASAP after meeting Not 10 days later

77 Prior Written Notice (Notice of Proposed Services) Provided not less than 14 calendar days before initiating proposed evaluation or IEP Must be provided when District proposals for initiating evaluation, identification, FAPE, educational placement Denial of parental requests

78 Prior Written Notice (Notice of Proposed Services ) Written in language understandable to parents Address all questions with sufficient information Description of action proposed or refused Explanation of why agency proposes or refuses to take action Description of each evaluation procedure, assessment, record or report used as basis for proposed or refused action Description of other options considered and reasons why options rejected Provide in native language or communication mode of parents

79 Parental Consent Informed written consent prior to Initial evaluation Initial IEP implementation Informed written consent prior to: Re-evaluation Annual IEP implementation Significant change reflected in IEP If signature cannot be obtained, then wait 14 school days after documenting multiple attempts to get signature

80 Review of Emergency Use of Regulated Procedures Regulated procedures Manual/locked restraint Time out in locked room Removal from instruction >30 minutes Emergency use twice in month IEP meeting held within 5 school days Team reviews IEP to determine adequacy of IEP Parents informed immediately after each emergency use of procedure Review contact log for documentation Look for IEP meeting notice and count days after use

81 FBA and BIP FBA and BIP required if conduct is a manifestation of a student’s disability If FBA and BIP not found following disciplinary action Evaluation plan generated for FBA BIP created and IEP revised Consent from parent for both If FBA and BIP exist, team reviews for adequacy Maintain Revise each as needed

82 Functional Behavioral Assessments (FBA) If removed for more than 10 consecutive school days (in MN either an expulsion or exclusion) or If removed to an interim placement for up to 45 school days

83 FBA Evaluation Summary Descriptions of problem behaviors Identification of events, times, and situation that predict occurrence and nonoccurrence of behavior Identification of antecedents, consequences and rewards for behavior Identification of possible function of behavior Identification of possible positive alternative behaviors Description of data collection methods and sources that facilitate development of hypotheses and summary of behavior patterns

84 Behavior Intervention Plan If behavior pattern appears that interferes with academic achievement IEP meeting Functional behavioral assessment completed BIP written Parent provides written informed consent for IEP/BIP Documentation of attempts to get signature prior to implementation Parent submits request to revoke consent for BIP Immediately cease use of BIP IEP meeting scheduled

85 BIP and Regulated Procedures Conditional procedures included in IEP as part of BIP Frequency and severity of target behaviors for conditional procedures being considered Identified at least 2 interventions implemented and effectiveness of each

86 Manifestation Determination Conducted Removal of more than 10 consecutive school days or removals that constitutes a disciplinary change or placement Parent Request Following suspension of more than 5 or more consecutive days Following cumulative removals of 10 days Every removal after 10 cumulative days IEP meeting held within 10 school days of decision for discipline Look for manifestation review forms, notices of IEP meetings

87 Manifestation Determination Process Manifestation Determination Team: Reviews all relevant information in the student’s file (IEP, ESR, medical reports, other evaluations, teacher observations, and relevant information provided by the parent) Team composition: LEA, parent (s), relevant members of the IEP team as determined by the LEA and parent

88 Manifestation Determination Process Team Analysis: Was the student’s conduct caused by or did it have a direct and substantial relationship to the student’s disability? If a district failed to implement a student’s IEP – was the student’s conduct a direct result of that failure?

89 Questions

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