1. Overview of Serving Students with Disabilities under the IDEA School Counselor Summer Institute June 24, 2014 Olympia, WA Scott Michael Raub OSPI Special Education Parent & Community Liaison

2. This presentation should be used as guidance and is not intended as legal advice The information provided is an overview of civil rights laws and special education rules and procedures; it is not a substitute for reviewing state and federal laws and regulations The presentation and/or materials should be viewed and applied by users in accordance with their specific needs

3. Federal grant program ensuring services to students with disabilities Ensures that all students with disabilities will receive a “free appropriate public education” (FAPE) Guides the creation of an Individualized Education Program (IEP) of special education and related services and supplementary aids necessary for a student with a disability to receive FAPE

4. Child Find (WAC 392-172A-02040) “School districts shall conduct child find activities calculated to reach all students with a suspected disability for the purpose of locating, evaluating and identifying students who are in need of special education and related services, regardless of the severity of their disability” Referral (WAC 392-172A-03005) “A parent of a child, a school district, a public agency, or other persons knowledgeable about the child may initiate a request for an initial evaluation to determine if the student is eligible for special education”

5. SPED Tips for Counselors… Become familiar with your school district’s referral procedures Do not delay making a referral if you suspect a student may have a disability

6. Referral Timelines (WAC 392-172A-03005) “The school district must document the request for an initial evaluation and … Notify the parent … that the district, with parental input, will determine whether or not to evaluate the student” “Within twenty-five school days after receipt of the request for an initial evaluation, make a determination whether or not to evaluate the student” “When the student is to be evaluated … the school district shall provide prior written notice to the parent, obtain consent, fully evaluate the student and arrive at a decision regarding eligibility [within 35 school days]”

7. SPED Tips for Counselors… Clarify with parents if you are unsure about a possible referral and document request Become familiar with referral timelines…

8. Evaluation Procedures (WAC 392-172A-03020) “In evaluating each student to determine eligibility … [the district must ensure that] the evaluation is sufficiently comprehensive to identify all of the student's special education and related services needs, whether or not commonly linked to the disability category in which the student has been classified”

9. SPED Tips for Counselors… Use counseling skills to gain a more complete understanding of parent concerns Do not limit evaluations and discussions of the student to just the presenting problem or original concern

10. Evaluation Report (WAC 392-172A-03035) “The evaluation report shall be sufficient in scope to develop an IEP…” Evaluation Team Meeting (WAC 392-172A-03040) “Upon completion of the administration of assessments and other evaluation measures [a] group of qualified professionals and the parent of the student determine whether the student is eligible for special education and the educational needs of the student” “In interpreting evaluation data for the purpose of determining eligibility for special education services, each school district must [d]raw upon information from a variety of sources”

11. SPED Tips for Counselors… Use counseling skills to facilitate and encourage dialogue about student eligibility Be available to the parent to hear concerns and explain the evaluation report Consider using WAC 392-172A-03035 to create options for diffusing conflicts “If the evaluation report does not reflect his or her conclusion, the professional member of the group must include a separate statement representing his or her conclusions”

12. Child with a Disability (WAC 392-172A-01035) “[A] student eligible for special education means a student who has been evaluated and determined to need special education because of having a disability in one of the following eligibility categories … and who, because of the disability and adverse educational impact, has unique needs that cannot be addressed exclusively through education in general education classes with or without individual accommodations, and needs special education and related services”

13. SPED Tips for Counselors… Be able to articulate SPED eligibility criteria: 1)Presence of a disability 2)Adverse educational impact 3)Need for specially designed instruction (SDI) with or without accommodations OSPI resource on “Identification of Students with Specific Learning Disabilities” http://www.k12.wa.us/SpecialEd/pubdocs/SLD_Guide.pdf http://www.k12.wa.us/SpecialEd/pubdocs/SLD_Guide.pdf

14. When IEPs are in Effect (WAC 392-172A-03105) “For an initial IEP, a school district must ensure that [t]he school district holds a meeting to develop the student's IEP within thirty days of a determination that the student is eligible for special education and related services…” Parental Consent (WAC 392-172A-03000) “A school district that is responsible for making FAPE available to a student must obtain informed consent from the parent of the student before the initial provision of special education and related services to the student”

15. SPED Tips for Counselors… Know the IEP team (WAC 392-172A-03005) Use counseling skills to facilitate good communication and awareness of group dynamics An individual who can interpret the instructional implications of evaluation results Student (when appropriate) Other individuals who have knowledge or special expertise regarding the student Parent At least one general education teacher At least one special education teacher A qualified representative of the school district

16. Definition of an IEP (WAC 392-172A-03090) “The term IEP means a written statement for a student with a disability that is developed, reviewed, and revised by an IEP team… that must include … the student's present levels of academic achievement and functional performance [and] measurable annual goals” When IEPs are in Effect (WAC 392-172A-03105) “At the beginning of each school year, each school district must have an IEP in effect for each student eligible for special education that it is serving through enrollment in the district”

17. SPED Tips for Counselors… SPED students who transfer into the district from both in-state and out-of-state must receive comparable services until a new IEP is created/adopted (WAC 392-172A-03105) Make sure that student class schedules are consistent with IEPs

18. Definition of an IEP (WAC 392-172A-03090) “[The IEP must include a] description of [h]ow the district will measure the student's progress toward meeting the annual goals … and [w]hen the district will provide periodic reports on the progress the student is making toward meeting the annual goals…” IEP Review & Revision (WAC 392-172A-03110) “Each public agency must ensure that … the IEP team [r]eviews the student's IEP periodically, but not less than annually, to determine whether the annual goals for the student are being achieved; and [r]evises the IEP, as appropriate…”

19. SPED Tips for Counselors… Make sure the IEP team knows who is responsible for monitoring and evaluating student progress (WAC 392-172A-02090(1)(g)) Suggest an IEP team meeting if changes need to be made as a result of any new information obtained about a student

20. Reevaluation Timelines (WAC 392-172A-03015) “A reevaluation … [m]ay occur not more than once a year, unless the parent and the school district agree otherwise; and Must occur at least once every three years, unless the parent and the school district agree that a reevaluation is unnecessary” “Reevaluations shall be completed within [35] school days after the date written consent for an evaluation has been provided … [unless a different time period is agreed to by the parent and documented by the district]”

21. SPED Tips for Counselors… Suggest a reevaluation if any new information is needed about a student’s needs (e.g., sudden changes in behavior) Be aware of how student transitions within the 3-year timeline have an effect on student needs (e.g., changing from elementary to middle school; middle school to high school)

22. Definition of an IEP (WAC 392-172A-03090) “Beginning not later than the first IEP to be in effect when the student turns sixteen, or younger if determined appropriate by the IEP team, and updated annually, thereafter, the IEP must include: (i) Appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills; and (ii) The transition services including courses of study needed to assist the student in reaching those goals”

23. SPED Tips for Counselors… Start planning early with the IEP team for the student’s anticipated graduation date Discuss how transition services will fit with the student’s schedule and anticipated graduation Get to know the Center for Change in Transition Services (CCTS) http://www.seattleu.edu/ccts/default.aspx?id=34548 http://www.seattleu.edu/ccts/default.aspx?id=34548 CCTS Transition Services Flow Chart: http://www.seattleu.edu/uploadedFiles/CCTS/Transition%20Ser vices%20Flow%20Chart%2012-09.pdf http://www.seattleu.edu/uploadedFiles/CCTS/Transition%20Ser vices%20Flow%20Chart%2012-09.pdf

24. OSPI Special Education Homepage https://www.k12.wa.us/SpecialEd/default.aspx OSPI Guidance for Families http://www.k12.wa.us/SpecialEd/Families/default.aspx Chapter 392-172A WAC http://apps.leg.wa.gov/WAC/default.aspx?cite=392-172A OSPI TAP #1 – IDEA: A Review of the Basics http://www.k12.wa.us/SpecialEd/pubdocs/TAP1.pdf

25. Scott Raub Parent & Community Liaison OSPI Special Education scott.raub@k12.wa.us (360) 725-6075 Thank You!