1. ARC Chairperson Training
Evaluation
ARC Chairperson Training
This module will focus on the evaluation requirements and process for both initial evaluations and reevaluations.

2. 707 KAR 1:300 Section 4 (1)
An LEA shall ensure that a full and individual evaluation is conducted for each child considered for specially designed instruction and related services prior to the provision of the services
The law requires that students with a suspected disability are provided with a full and individual evaluation. It is imperative that the ARC review all required documentation in order to plan and conduct a full and individual evaluation.

3. 707 KAR 1:310 Section 1 (4) An LEA shall ensure that
information obtained from
these sources as appropriate
for each student, is
documented, and
carefully considered.
The ARC chairperson must ensure that information used to make decisions regarding the evaluation are documented. All necessary information such as RtI data, district, school and classroom assessments, parental input, etc must be documented and reviewed by the ARC.

4. Initial Evaluation If suspect a disability, develop evaluation plan
Obtain consent to evaluate
Note when 60 school days will occur
After the ARC accepts a referral for an evaluation for special education services, the ARC must develop an evaluation plan.
707 KAR 1:320 Section 2 states that the district will ensure that within 60 school days following the receipt of the parent consent that the child is evaluated and if eligible, specially designed instruction and related services will be provided in accordance with the IEP.
Begin count when parent signs consent to evaluate and it is received by the district. Then you have 60 school days until services begin.
The ARC chairperson ensures that all evaluations are completed

5. Evaluation
A process of gathering information about the child’s educational needs and abilities through individual tests, review of school work, and school records, behavioral observations, interviews, and rating scales
Once written permission from the parent is obtained, a team of people who work with the child will evaluate the child’s abilities and needs. They will use tests and procedures such as individual tests, review of school work, and school records, behavioral observations, interviews, and rating scales. All of these individual tests and procedures are used to be certain that the evaluation is valid.
The law says:
The child or youth will be individually evaluated at no cost to the parent.
The full and individual evaluation must be done by a team or group of people who are trained to give the tests and procedures and interpret the results. This is called a multidisciplinary team evaluation.
At least one of the people on the multidisciplinary team must have knowledge in the area of the disability the child is suspected to have.
Several different tests and procedures are to be used, not just one. Eligibility for specially designed instruction and related services cannot be based on a single test or procedure.
All tests must be given in the language a child uses and in a way that the child can best answer. This is called non-discriminatory testing.
When the evaluation is completed, the parent is invited to an ARC meeting to discuss the results of the evaluation.

6. Evaluation Planning/KY Consent
The ARC identified a suspected disability and planned an appropriate evaluation as documented on an Evaluation Plan and/or Consent for Evaluation Services…
A review, triangulation and analysis of the referral information (for initial evaluation) OR progress data of the child (for reevaluation); AND
the information was sufficient to support a suspected disability; AND
the tests and procedures necessary to assess the child.
In order to plan an appropriate evaluation, the ARC must review the completed Referral INCLUDING:
documented evidence of repeated assessments of achievement (e.g., universal screening; standardized group test data; curriculum-based assessment);  AND
documentation of the results of repeated assessments of achievement was provided to the parent: and
documented research-based interventions conducted in the suspect area (including an analysis of the data)

7. Evaluation Planning Form
After reviewing the referral, the ARC discusses and then documents on the evaluation planning form the evaluation components that will be conducted. It is critical that all the areas of suspected disability are discussed and the necessary assessments are documented correctly. An assessment in an area cannot be conducted unless it is documented on this form.

8. Eligibility Evaluation Components
Area of Disability
Interventions
Cognitive
Academic Performance
Adaptive Behavior
Behavior Ob.
Behavior Assess.
Medical Eval.
Visual Screening
Visual Evaluation
Hearing Screening
Hearing Evaluation
Motor Screening
Motor Evaluation
Communication Screening
Communication Evaluation
Social Dev. History
Developmental Assessment
Functional Vision/Learning Media
Interviews
Autism Rating Scale
Autism Spectrum Disorder X - *
Deaf-Blind
Developmental Delay
Emotional-Behavioral
Hearing Impaired
Mild Mental Disability
Functional Mental Disability
Multiple Disability
Must Meet Eligibility Criteria for 2 or More of the Other Disabilities
Orthopedic Impairment
Other Health Impaired
Speech Language Impairment
Specific Learning Disability
Traumatic Brain Injury
Visually Impaired
X Needed for Determining Eligibility
NOTE: • ADHD under OHI does not require evaluation by a medical professional for all students • Students should not be found to be eligible for multiple disabilities if educational needs can be accommodated in a special education program solely for one of the disabilities
* Recommended But Not Required
- Depending on the Student and Suspected Disability
This is an example of what components should be gathered based on the suspected disability. But remember, this is a decision made based on the student's individualized needs.
For example look at a Mild Mental Disability. In what components should the student be assessed? (pause)
The evaluation components to determine eligibility for suspected disability for MMD would include: interventions, cognitive, academic performance, adaptive behavior, behavior observations, visual and hearing screenings, and social developmental history.

9. ARC reviews all data: Multi-Disciplinary Evaluation Report,
Evaluation Report(s)/Diagnostic Instruments,
Behavior Observations,
Social Developmental History,
Adaptive Behavior Assessments,
Rating Scales,
Classroom-based observations, etc…)
The evaluation information must align with the evaluation planning form previously completed by the ARC. The Kentucky Department of Education requires a minimum of two observations for all disability categories. These must be formal observations for all initial evaluations.

10. KDE’s Division of Learning Services (DLS) position is that behavior observations are required as part of the evaluation for every category of suspected disability.
- DLS Policy Letter, August 2010
Read slide
In 2010 KDE issued a policy letter regarding evaluation and eligibility. one of the areas identified in the letter is around observations. If you have not read the letter, please go to the KDE website or in the resource section of this training to obtain a copy of the letter.

11. Observations
The requirement for observations as part of the evaluation process is found in two sections of KY’s IDEA regulations:
707 KAR 1:300, Section 4(14)(b) and (c)
707 KAR 1:310, Section 1(3)
There are two sections of the KARs where observations are documented as part of the evaluation process
KDE interprets this to mean multiple observations. Remember for all initial evaluations, the observations must include at least two formal observations.

12. 707 KAR 1: 300 Section 14(b)(c)
As part of an initial evaluation, if appropriate, or as part of any reevaluation, the ARC and other qualified professionals shall review existing evaluation data on the child including:
(b) current classroom-based, local, or state assessments and classroom
observations; and
(c) observations by teachers and related service providers
Observations can include formal and informal observations. Both are very important to the evaluation and eligibility process.

13. Types of Observations Formal Observations Informal Observations
Observations occur during the evaluation planning process (RtI data, classroom assessments and work samples, anecdotal notes, teacher input)
Observations occur at a more formal level during the evaluation process as a source to help determine eligibility of services (planned for by the ARC and consent given by parent)
Informal Observations are documentation you already have, they do not require consent, but provide very important information. This is information that is typically collected on an on-going basis such as progress monitoring data for RtI or IEP goals, anecdotal notes, and classwork samples.
Formal observations- often referred to as behavioral observations require parental consent prior to the observation. Formal observations are conducted by trained personnel identified by the district.

14. What Type of Observation?
Informal Observation
Formal Observation
Anecdotal Notes
Teacher input through
Teacher input through questionnaire/survey
Progress Monitoring Data
Teacher input on conference summary notes
Observation of student in school setting by trained personnel
Let’s practice what we just learned.
Say each item in the first column as it appears. After a few seconds display the answers.
As you can see the only formal observations are those planned by the ARC and conducted by trained staff. Remember you must have parent consent prior to conducting formal observations.

15. Observations also play a key role in answering the question of whether the disability has an adverse effect on the student’s educational progress
Adverse effect is defined in the Kentucky Regulations as the progress of the child is impeded by the disability to the extent that the educational performance is significantly and consistently below the level of similar age peers.
Educational performance includes the areas of academic, social and functional performance.

16. For reevaluation purposes, classroom-based observations include:
A combination of at least two forms of current informal teacher observations such as progress monitoring data, anecdotal notes, or documented teacher input about student performance, OR
At least two formal teacher observations; OR
A combination of both a and b.
Here is Item 69 a of the compliance record review document.
This is a recent change after clarification was given as to what was expected for reevaluations.
Read the side.
If the ARC determines formal observations are needed, prior written parent consent must be obtained.

17. SLD Observations
As part of initial evaluations or reevaluations for SLD eligibility, at least 2 formal observations must be conducted
If there are multiple suspected areas for SLD, at least one formal observation must occur in each area
The exception is the category of a Specific Learning Disability. For every evaluation, even if a reevaluation is a review of existing data, there must be at least two formal observations. Therefore , parental consent will always be required when an evaluation is conducted.  It is also important to know if there are multiple suspected areas under SLD such as reading fluency, reading comprehension and math calculation, there must be at least two formal observations and all suspected areas must be observed in those formal observations, meaning in this case, three formal observations might be necessary.

18. Parent Input..
ARC reviews and discusses evaluation and information brought by the parent(s) or completed by the parent(s).
Parent input is a required piece of every evaluation and eligibility decision. Parent input can be gathered through the social developmental history, adaptive rating scales, questionnaires, surveys.
Sometimes parents may have an outside evaluation conducted at their own expense and present this to the ARC. The ARC must consider this information, and can, if they choose use that as part of the evaluation documentation, but the ARC may also determine it is not appropriate to use as part of the educational decision as to whether or not this student has a suspected disability under IDEA.

19. Method for Determining Eligibility for Specific Learning Disability
The Admissions and Release Committee must decide at the evaluation planning stage if they intend to use:
the Response to Intervention (RtI) or
the Significant Discrepancy Method
* Based on district policies and procedures
At the evaluation planning meeting, the ARC must decide whether they will use the Response to Intervention Method or the Significant Discrepancy Method to determine SLD eligibility. The decision as to which method to use cannot be made after the evaluation is conducted. This may have an impact on what type of assessments are completed and the data that needs to be collected.
  Remember, this decision is made during the evaluation stage and before SLD determination. It is important  to know and understand your district policies and procedures around evaluations for special education.  

20. CONSENT Written Consent for EVALUATION Written Consent for SERVICES
Written Consent for REEVALUATION
THE ARC AT THIS POINT HAS DETERMINED THAT THEY SUSPECT THE STUDENT HAS A DISABILITY, WHAT THE DISABILITY IS, AND PLANNED A FULL AND COMPLETE EVALUATION.
THEY NOW MUST GET WRITTEN INFORMED CONSENT FROM THE PARENT BEFORE CONDUCTING ANY EVALUATION.
THIS IS THE FIRST OF THREE CONSENTS REQUIRED IN DUE PROCESS.
CONSENT SHOULD BE DOCUMENTED BOTH ON THE CONSENT FORM AND ON THE SUMMARY OF CONFERENCE NOTES. M

21. Evaluation Results
Each ARC member has access to the evaluation results prior to the meeting.
The ARC reviews the integrated report to ascertain if all evaluations requested are included.
The ARC reviews the evaluation data and the specific criterion for the suspected disability on the eligibility form.
SEE THAT ALL PARTIES HAVE ACCESS TO A COPY OF ALL EVALUATIONS
THE DISTRICT SHOULD HAVE POLICIES AND PROCEDURES IN PLACE FOR A WHEN THE PARENTS ARE GIVEN A COPY
THE ARC REVIEWS THE EVALUATION TO SEE IF ALL REQUESTED EVALUATIONS ARE PART OF THE REPORT OR AVAILABLE TO THE MEMBERS
THE ARC REVIEWS ALL EVLAUATION DATA AND INPUT FROM THE PARENTS AND THE SPECIFIC CRITERION FOR THE SUSPECTED DISABILITY

22. Reevaluation
Re-determining eligibility based on a new evaluation of the child at least every three years
Let's now take some time to discuss reevaluations.
Regulations require the school district to re-evaluate the child on or before the third anniversary of the meeting when the ARC determined the child eligible.  This review is the triennial review.  The ARC must meet with the parent or guardian to plan for this re-evaluation.  Written permission is again obtained from the parent or guardian for any formal testing .

23. Why Reevaluate? Continuation of the disability
Disability continues to have an adverse effect on the student's educational performance
Continue to need special education services
Revaluation is needed to determine if the student continues to meet the eligibility requirements.
Read slide

24. Reevaluation Plan Conducted every three years (3 yr. anniversary)
Planned by the ARC in conformity with KAR 1:300, child find, evaluation, and reevaluation regulations
Requires informed written parental consent
REEVALUATION IS BASED ON THE INDIVIDUAL CHILD’S NEEDS ONCE AGAIN  NOT  JUST A BATTERY OF TEST
REEVALUATION SHOULD BE PLANNED BY THE ARC SAME AS THE INITIAL EVALUATION AND ACCORDING TO THE REGULATIONS GUIDING  EVALUATION. The ARC must review and document current data including IEP progress monitoring.
REEVALUATION SHALL BE CONDUCTED EVERY THREE YEARS UNLESS- Click on next slide

25. Reevaluation
The LEA shall not have to conduct a reevaluation if after review of the existing data, the ARC determines that a reevaluation is not necessary to determine:
Whether the child continues to be eligible for services,
Not warranted to determine the education or related service needs, and
The parents or teacher do not request a reevaluation
READ TEXT;  
All existing data and current progress monitoring data must be documented. The ARC can review this documentation and determine no further testing is needed to determine eligibility. However, remember the observation requirements. There must still be at least 2 informal observations. If the disability is SLD the ARC must plan and get consent for at least 2 formal observations.

26. Reevaluation
ARC decides: What assessments, if any, are required for the re- evaluation Note: Parent always has the right to request a reevaluation.
It's important to remember, that a parent can request a reevaluation even if the ARC determines it is not necessary.

27. Existing Data is Sufficient
Parent will be provided prior written notice of ARC decision that includes:
the reason it was decided that there is sufficient existing data;
there is no need for additional data; and
that the parent has the right to request an assessment.
If the district uses the Review of Existing Document on IC, this information is included. If not, the ARC must make sure this is documented. It is required by Kentucky Regulations.

28. Reevaluation Questions
Does the current progress monitoring of IEP goals indicate whether the child’s educational performance continues to be significantly and consistently below the level of similar age peers (adverse effect)?
What do the current classroom based assessments (including IEP progress monitoring) and observations from teachers and related service providers indicate (minimum of two)?
What do the evaluation and information brought by the student’s parent(s) indicate (if applicable)?
Here are some guiding questions that may assist an ARC in determining, what assessments, if any, need to be conducted as part of the reevaluation.
Read each question, pause between each one.

29. Evaluation before Exiting
Reevaluation shall not be required before the termination of a child’s eligibility due to graduation with a regular diploma, or exceeding the age of eligibility
Reevaluation is required before determination that the student no longer needs special education
Reevaluation is required if the district exits the student with a certificate prior to his/her 21st birthday
REEVALUATION IS REQUIRED BEFORE DISMISSAL FROM SPECIAL EDUCATIONAL SERVICES, HOWEVER THE ARC CAN DETERMINE WHAT THAT REEVALUATION CONSIST OF.
REEVALUATION IS TO BE DONE AT LEAST EVERY THREE YEARS , HOWEVER CAN BE DONE ANYTIME BEFORE IF THE STUDENT IS NOT MAKING EDUCATIONAL PROGRESS OR SOMETHING HAS HAPPENED IN THE CHILD’S LIFE THAT WOULD CHANGE NEEDS IN THE IEP
REEVALUATION IS NOT REQUIED BEFORE THE TERMINATIONS OF A STUDENT’S ELIGIBILITY DUE TO GRADUATION WITH A DIPLOMA OR EXCEEDING THE AGE OF ELIGIBILITY. If the district PLANS TO EXIT THE STUDENT WITH A CERTIFICATE PRIOR TO THE STUDENT’S 21ST. BIRTHDAY, REEVALUATION IS REQUIRED.

30. Transfer Students
If a child with a disability transfers between school districts within the same academic year within Kentucky and had an IEP in effect,
the child shall be provided a free and appropriate public education(FAPE), including services comparable to those described in the previous IEP.
These services shall be provided in consultation with the parents and until the LEA adopts the previous IEP or develops and implements a new IEP.
Read slide.
Comparable means the services provided will be as close as possible to those the student was receving in the previous district until the ARC can meet and make the appropriate changes.
Remember, once the student is enrolled in your district, you are now responsible for the decisions made. It is important to review all previous information, collect any needed data, conduct assessments if needed, to make the appropriate decisions for the student.

31. Transfer Students in Evaluation Process
Evaluations and assessments of children with disabilities that transfer from one district to another in the same academic year shall be coordinated with the previous and current schools as necessary and as expeditiously as possible to ensure prompt completion of a full evaluation.
READ TEXT
This refers to students already in the referral or reevaluation process in previous school. If a student transfers to another district during the initial evaluation process, the 60 school day timeline is not in effect.  The receiving district must meet with the parents, review all documentation provided by the previous district, and develop a plan to complete the evaluation with an appropriate timeline to determine eligibility. This does not allow the district to delay identification and services.

32. Out of State Transfer Students
If a child with a disability transfers between school districts within the same academic year from outside the state and had an IEP in effect in another state,
the child shall be provided FAPE comparable to that described in the IEP until the LEA conducts an evaluation if determined necessary,
and develops, adopts, and implements a new IEP, If the child meets the eligibility criteria as defined in 707 KAR1:280
If a student from out of state enrolls in a KY district with a current IEP , the district must provide a FAPE with comparable services, just like an in-state transfer. However, the ARC must determine KY eligibility. The eligibility requirements for certain categories differ from state to state. The ARC must treat this as an initial evaluation, unless previously identified in KY, and adhere to the 60 school day timeline.

33. Out of State Transfer Students
If a student enrolls in a KY district with a current IEP, the district must implement that IEP to the maximum extent possible
KY eligibility must be determined. The ARC must review all documentation to determine what evaluation information must be gathered
Remember: Read Slide
KDE is in the process of developing a Q and A regarding requirements for in-state and out of state transfers

34. Independent Educational Evaluation
Must be conducted by a qualified examiner not employed by LEA
May be paid at public expense or by parents (Parent always has the right to an IEE which must be considered.)
A parent is entitled to one IEE at public expense, each time the public agency conducts an evaluation with which the parent does not agree to the results.
Parental Right to an Independent Educational Evaluation
Now let’s say you have decided to evaluate but the parent wants an independent evaluation. A parent of a child with a disability shall have a right to obtain an independent educational evaluation of the child. Parent’s request for and IEE is subject to the parent’s disagreement with a complete evaluation LEA has been given the opportunity to conduct on the child. Must provide information to the parent about where an independent educational evaluation may be obtained and criteria for IEE. May ask for the parent’s reasons why they object to district’s evaluation; however they do not have to respond. District cannot deny its action while waiting for a response from the parent.
If the district determines that the request is unwarranted, can initiate a due process hearing to show that its evaluation is appropriate; or
Demonstrate in a due process hearing that the evaluation obtained by the parent did not meet criteria. If the final decision of the hearing officer is that the district’s evaluation is appropriate, the parent still has the right to an IEE, but not at public expense.
If the parent obtains an IEE at private expense and it meets the agency criteria, results of the evaluation shall be considered by the district in any decision made with respect to the provision of a FAPE.
If the district determines that the request is warranted, ensure that an IEE is provided at public expense. The qualifications of the examiner, shall be the same as the criteria the district uses when it initiates an evaluation.

35. In Conclusion,
The ARC must review the completed referral and identify a suspect disability prior to planning the evaluation process
The ARC must obtain parental consent prior to conducting any of the formal assessments. Once the district receives this consent, the 60 school day timeline begins (for initial evaluations)
The evaluation components on the planning form must match the components assessed during the evaluation
Every student suspected of having a disability must be provided a full and individual evaluation
To conclude this module, here are some important reminders.
Read bullets as the show up on screen

36. In Conclusion, A reevaluation must be conducted at least every 3 years
A review of existing data may be used as the reevaluation unless the parent requests an evaluation be conducted
Transfer students (in-state and out of state) with current IEPs must be provided with comparable services listed on the IEP until the ARC meets to either determine KY eligibility and/or review and revise the IEP
Parents have the right to request an Independent Educational Evaluation only after the district has completed their evaluation
Read bullets as they show up on the screen.

37. Resources: www.education.ky.gov Eligibility Policy Letter and Webinar
Kentucky Department of Education (KDE)
Eligibility Policy Letter and Webinar
Guidance Document for IEP Development
IEP and Lesson Plan Development Handbook
KSI/RtI document and resources
SLD Eligibility Guidance Document
Collaborative Teaching Practices Q and A
Restraint and Seclusion Q and A
Compliance Record Review Document (updated annually)
KSIS Data Standards standards.aspx
This conclude the module on evaluation for ARC chairpersons.