Peeling Back the Layers to Create a Well-Written ETR

Peeling Back the Layers to Create a Well-Written ETR
State Support Team 13 Susan Burns, Deb McGraw With a special thanks to Sharon Rieke!!!

Outcomes for Today Learn the components of compliant and instructionally relevant Evaluation Team Reports (PR-06). Learn the process of what you do from an initial request for help for a student who is struggling, to the identification of a student with a disability. Learn strategies of how to link the ETR to the IEP. Today’s training is just about the FORMS This is NOT training in how to write a good ETR or IEP, that training will be rolled out later this spring or next fall. This training is designed for a train the trainer model – ODE did not want us to train every individual who might touch an IEP. Those of you who are here today are your districts designated district leadership team who will then take this information back to those in your district who need training.

Forms and Annotated Guides www.edresourcesohio.org

ODE’s ETR Training ODE ETR training:
They recently created a Powerpoint using the Onsite Monitoring Record Review Rubric They will be creating an “ETR 101” training Today’s SST Training – is a compilation

Start with …. Interventions
Interventions are mandated by law in general education and special education operating standards For preschool children, interventions may be provided in an early childhood setting where the child is being served

Child Find (CF)-3# Rubric
Does the LEA provide interventions to resolve concerns for any school age child who is performing below grade-level standards? Evidence: evidence of intervention data and provides a summary of the interventions that have been implemented prior to referral OR during the evaluation process Where to Find: data from interventions, PR-06 ETR Part 2, PR-04 Referral, PR-01 PWN

Components of Effective Interventions:
A clear statement in measurable terms, of the specific skill or behavior that will be targeted by the intervention; Baseline information on the child’s present performance compared to that of same-age peers on the same skill or behavior, and an identified target goal that will be reached as a result of the intervention; Involvement of the child’s parents in the problem-solving process used to design the intervention and the strategy that will be used to measure progress; Identification of a scientific, research-based intervention that will be implemented to target the identified problem; A description of the setting in which the intervention will occur and the individual(s) responsible for conducting the intervention;

Assurance that the selected intervention is culturally and linguistically appropriate for the particular child; Identification of a method to measure the child’s response to the intervention and the frequency with which that progress measurement will occur; Clear criteria, decision rules and timelines for determining an adequate or inadequate response to the intervention; A plan to ensure that the intervention is implemented as designed; and Adequate documentation of the intervention to assist in current and future decision making.

Effective interventions are NOT:
Procedures to be rushed through in order to obtain a “real evaluation” for a child; Descriptions of placements in programs without specific data-driven information on the interventions that will be provided as part of that placement; Strategies that do not address the specific areas of concern; General descriptions of modifications or accommodations; or Vague methods to measure progress.

Steps Leading to a District Referral for Evaluation
Teacher recognizes problem Engages in intervention (RTI) activities Data review Change interventions, include more team members on the team, etc… so intense, so frequent, so long in duration that they rise to the level that you suspect a disability……. Once someone “Suspects a disability”….

A. District Referral for Evaluation
If the school district suspects that the child has a disability and proposes to conduct an initial evaluation, the district must: Contact the parents and explain the referral process; and give procedural safeguards, Whose IDEA Is This? , Notice (PR-01) “Proposal to initiate an initial evaluation” and Invitation (PR-02) “to determine if child has a disability and develop an evaluation plan” Team meets to fill out the Referral for Evaluation Form (PR-04) and Evaluation is planned and form filled out. (Best Practice) Parents are given a copy of the Evaluation Planning Form, as well as Notice (PR-01) “proposal to evaluate” ,and Parent Consent (PR-05).

District referral for Evaluation – cont.
4. When a school district and parents agree to evaluate a child, the district should provide the parents with the name, school address, phone number and address of a district contact person who is available to respond to any questions the parents may have about the proposed evaluation. Preschool Note: This may occur during the Preschool Transition Conference (PSTC) or at a later date agreed to by all parties.

B. Parent Request for Evaluation
When a parent says things like: My child needs more help Does my child need an IEP? I think my child may have a disability/ADHD…. This starts your timeline of 30 days to provide PR-01

Parent Request for Evaluation
As soon as possible and no later than 30 days from receiving a parental request for an initial evaluation of a child, the school district of residence must: a. Contact the parents and explain the referral process; and give procedural safeguards, Whose IDEA Is This? , Notice (PR-01) “Proposal to initiate an initial evaluation” and Invitation (PR-02) “to determine if child has a disability and develop an evaluation plan” and b. Team meets to fill out the Referral for Evaluation Form (PR-04). Evaluation is planned and form filled out. (Best Practice) c. Parents are given a copy of the Evaluation Planning Form, as well as Notice (PR-01) “proposal to evaluate” ,and Parent Consent (PR-05)

Parent Request Continued
OR 2. Provide the parents the Prior Written Notice to Parents PR-01 form stating that the school district does not suspect a disability and WHY -and will not be conducting an evaluation. Best Practice: Meet with the parent ahead of time to discuss their concerns, and inform them that you will be collecting data to determine whether you feel the child has a suspected disability or not. Let the parent know that even if you determine the child does not have a suspected disability, every attempt will be made to address the needs of the child.

C. Transition from EI to Preschool
Help Me Grow and the District need to meet in a transition conference (typically 120 days prior to the child’s third birthday) Sometimes this is less Sometimes it is more - Can use a PR-01 to delay the eval -have parents sign permission to eval, then use the approved “delay PR-01” as it is.. just fill in names.

Preschool Tips A child who will be 3 yrs. By Dec. 1st, can begin earlier than their 3rd birthday. A child who will be 5 yrs. By Dec. 1st, should have considered kindergarten If a child is 6 years by the district entry date, they are NO longer a preschooler

For children transitioning from Part C, did the LEA utilize information from IFSP and other documentation provided by Help Me Grow in suspecting/determining eligibility for Part B? Evidence: Part C information documented (i.e. observations in more than one setting in multiple activities, interviews, Bailey/Battelle Where to Find: HMG forms, Record of Transition conference, PR-06 ETR Part 2, PR-04 Referral, PR-01 PWN

D. Outside Evaluations- a hidden request for Evaluation
Everybody goes through the same process Consider the outside evaluation Look at your existing data As a team determine if you suspect a disability or not 30 days to notify parents with PR-01 of your intentions to initiate or refuse to initiate a multi-factored evaluation.

Timelines RTI is NOT a reason to delay the evaluation
Collect RTI data during the evaluation -within the 60 day timeline. District can not require other agencies to utilize an intervention process when evaluating a preschooler with a suspected disability

Parent asks/writes to request an evaluation
2. District suspects a disability Timeline Chart Give parent Whose IDEA, explain process PR-01 “Proposal to initiate an initial evaluation and plan an evaluation” PR-02 Invitation to develop an evaluation plan PR-04 Fill out Referral for Evaluation Fill out Evaluation Planning Form PR-05 Signed Consent with PR-01 “Proposal to evaluate” OR a PR-01 refusing to initiate an evaluation

Calculation of 60 day Timeline
The date the permission form was received by the district becomes the initial date that is entered in the special event record. Using a calendar, the district needs to count the first day after the receipt date of the permission and count out 60 days. The date this falls on becomes the last date the evaluation team report (ETR) meeting can be conducted to stay within compliance. This is consistent with the calculation used in EMIS

Available on www.edresourcesohio.org & SST#13 Task Force site
Table/Calendar calculates the receipt date of the consent form (usually the signature date) and determines the last date that the ETR meeting can occur. Available on & SST#13 Task Force site

Additional Cautions Related to the 60 Day Compliance Timeline:
NO Exceptions ( not if it falls on a weekend, holiday, or if there are emergencies) – so plan for some flex time if you need it. Provide the parents sufficient notice of the date and time of the evaluation team meeting. A few days notice is not sufficient. Some districts schedule the ETR meeting in advance when the district obtains informed consent from the parent.

Additional Cautions Related to the 60 Day Compliance Timeline:
The assumed receipt date will be the signature of the parent, unless you stamp the date of receipt (if different than the signature date). This is the date that starts your timeline. The 120 day constraints for compliance between suspecting a disability and the IEP meeting are still valid and the district must comply with this. The IEP may need to be completed sooner than 30 days from the ETR meeting to meet the 120 days. It only takes 1 error to get dinged and for your district to be required to write a corrective action plan.

Exceptions to 60 day Timeline
The parents repeatedly fails or refuses to produce the child for the evaluation; (There is an EMIS code for this) OR The child enrolls in a new school district of residence during the 60-day period and the current school district of residence is making sufficient progress to ensure a prompt completion of the evaluation and the parents and the current school district agree to a specific time when the evaluation will be completed. When the existence of a specific learning disability is being determined, the 60-day timeline also can be extended with mutual written agreement between the parents and evaluation team, if additional data are needed that cannot be obtained within the 60-day timeline.

60 day Timeline- Compliant Example
There was a parent conference and the parent took the form home to discuss with a spouse. The form was signed the next day but returned by the parent three weeks later by mail. The district needs to document at the time of the incident that it received the form late (how and when). It would be helpful to use a date stamp on the permission form, documentation in the student’s file and notification to the parent that the form was received late. (There needs to be some type of documentation on file to verify the receipt at the time it was received late.)

60 day timeline- Not Compliant Example
There was a parent conference and the parent took the form home to discuss with a spouse. The form was signed the next day and returned to the principal several days later. The principal left the form on his desk for three weeks and then sent it on to the district office. Though the district can document the several days it took the parent to return the form, they cannot use the three weeks the form sat on the principal’s desk; the principal was negligent in providing the form to the appropriate personnel. (Receipt is when the school or district personnel receive the form, not necessarily when the school psychologist receives the form.)

Data Verification(DV)-4# Rubric
Was the initial evaluation conducted within 60 days of the district receiving parental consent for the evaluation Evidence: PR 06 signatures, PR 05 Parental Consent, documentation of failure to: Produce the child, Attempts to convene the meeting, Parent and district agreed in writing to extend timelines, Child was hospitalized, incarcerated Where to Find: PR 05, PR 06, written documentation

PR-01 Prior Written Notice
No N/A’s No Blanks Needs to be in the student record file as evidence Given every time needed It only takes 1 error to get “dinged” Entire training just on PR-01 available on Regional Task Force Site Before we get into the ETR form the district must follow some procedures – such as providing PWN and Procedural Safeguards (Whose IDEA is it?). This always seem to be an area of confusion …so ODE has a new tool of when to provide these documents.

When to Provide PR-01 Given 15+ times Proposal/ Refusal to:
Initial referral Evaluate(Any new assessment, with PR-05,Fail to respond to initial consent) Indentify/Eligibility Change disability category No reevaluation (if review of records, offer to do assessments on PR-01) Exit (graduation, age out, no longer SWD) Disciplinary change of placement Revocation of consent Parent disagrees (IEP, category change, services…) Unsuccessful in getting parent input for IEP or ETR Available on in the Guidance Document

Peeling back the Layers: PR-01
Expedited evaluation – Team may decide that the ETR is no longer valid and a new evaluation is needed before the 3 year timeline IEP issues- Parent disagrees Parent no longer wants one service (even though team feels the student still needs these services), but wants to continue other services (on 1st only) Parent feels their child needs more services/time Any disagreement with the IEP Parent doesn’t show to an IEP meeting

Proposal to Initiate an Evaluation: District proposes to initiate a multi-factored team evaluation to determine: the student’s eligibility for special education under IDEA if the student qualifies as a student with a disability Team suspects a disability – and would like to conduct a full evaluation to determine if the student is eligible for IDEA services Before we get into the ETR form the district must follow some procedures – such as providing PWN and Procedural Safeguards (Whose IDEA is it?). This always seem to be an area of confusion …so ODE has a new tool of when to provide these documents.

Refusal to Initiate an Evaluation:
(district) refuses at this time to initiate a multi-factored evaluation for (student). The intervention team has documented progress with the interventions being provided and do not suspect a disability under IDEIA at this time- could also propose to continue to implement and monitor progress and reconvene to review progress in __ weeks.

WHY!! Proposes to Initiate an Evaluation Student requires a level of interventions that are so intense/of duration/frequency that it is specialized instruction To determine if the student needs special education services in order to receive FAPE. the team has been implementing academic/behavioral interventions with __ for the past __ months/weeks and suspects that due to lack of adequate progress, __ may have a disability which would qualify for special education services. Despite intensive and individualized intervention the student continues to struggle with grade level material Data collected shows __ has difficulties learning basic academic skills. __ Currently receives reading and math interventions. Classroom data show that _has made progress but he has difficulties generalizing learned skills to daily work. His written work does not reflect his level of comprehension. Before we get into the ETR form the district must follow some procedures – such as providing PWN and Procedural Safeguards (Whose IDEA is it?). This always seem to be an area of confusion …so ODE has a new tool of when to provide these documents.

Why the district Refuses to initiate an evaluation
Current data indicate that the level of performance and rate of performance is commensurate with peers (include specific data), Student is making adequate progress with interventions and is on track to catch up to peers

Initial evaluation – Considered continuing with interventions being provided AND Why that was rejected – the student needed more interventions that were so intense, frequent and of such a duration that they can’t be delivered in the regular educational environment due to lack of progress with previous interventions including:_______the student may qualify for special education services. long term and intensive nature of intervention the student is receiving and lack of response to that intervention. Before we get into the ETR form the district must follow some procedures – such as providing PWN and Procedural Safeguards (Whose IDEA is it?). This always seem to be an area of confusion …so ODE has a new tool of when to provide these documents.

Refusal to do Initial Evaluation – The team considered completing an evaluation, however the data did not indicate a suspected disability because the student is making adequate progress Before we get into the ETR form the district must follow some procedures – such as providing PWN and Procedural Safeguards (Whose IDEA is it?). This always seem to be an area of confusion …so ODE has a new tool of when to provide these documents.

Initial Evaluation: the following assessment data ____showed the student’s possible need for specially designed instruction/or of potentially being a student with a disability because the level of interventions that are needed are of such a duration/frequency/intensity that they can not take place in the regular education environment. Assessment Information (What do you already have and used as a basis for the proposed action): Intervention data RTI: Universal screening and progress monitoring data Observation, record reviews, classroom data State, District and Classroom Assessments.etc.. Scholastic Reading Inventory testing, DIBELS, Read 180, Parent and teacher input Before we get into the ETR form the district must follow some procedures – such as providing PWN and Procedural Safeguards (Whose IDEA is it?). This always seem to be an area of confusion …so ODE has a new tool of when to provide these documents.

Initial Evaluation: Retention Regular attendance, Previous HQT education Outside tutoring Evaluated before and not found eligible Parents refused or revoked consent previously No other factors were relevant at this time “The evaluation must be completed within 60 days of signed consent. It will contain information from multiple sources as described on the planning form which will be completed”. Before we get into the ETR form the district must follow some procedures – such as providing PWN and Procedural Safeguards (Whose IDEA is it?). This always seem to be an area of confusion …so ODE has a new tool of when to provide these documents.

Reevaluation Refusal:
when the team doesn’t feel they need additional assessment information –There must be verbage about parents right to request additional testing Refusal: No other factors were relevant at this time Excessive Absences, previous schooling without HQT, high mobility

PR-01 Compliance Issues It isn’t given at all the times specified
Disagreement, refusal to accommodate parents request for Assistive Technology, accommodations, modifications, etc… It isn’t given in conjunction with a PR-05 (consent) – showing “informed consent”. Some boxes are left blank or contain N/A Did not complete the “other options considered”, or what evaluation procedures used as a basis for proposed action Is not in student record file – showing evidence that the PR-01 was done

PR-04 Referral Form After RTI- when a disability is suspected
Fill out a referral PR-04 Parents may request a referral for evaluation verbally (i.e. at parent night) or in writing – which starts the timeline This becomes the DATE OF REFERRAL District must respond within 30 days to agree or say they don’t suspect a disability and why-using a PR-01) –

School Aged Planning Form
This is NOT an optional form

Who’s on the Team? District Rep- (Scratch out district rep and put case manager/principal-for initial) Regular Ed Special Ed Parent all the required members for an IEP team may not be involved in planning the evaluation and reviewing existing information. However, in most instances many of the evaluation team members will also be the same members required for an IEP team.

Planning Meeting 3 Ways to Accomplish:
Formal Meeting with the Magic 4 in attendance Formal Meeting with some of the magic 4 in attendance Document participation of the other members not in attendance No meeting – must seek input from the magic 4 and document it Should be a TEAM!!! And ideally with discussion (helps you overcome the problem of missing areas of need) Need to have a planning form at the end- which documents the process Set the date for the ETR at the planning meeting If have outside evaluation – all go through the same process

Did the evaluation planning team include a parent? Evidence: evidence of parent involvement in planning or evidence parent was provided the opportunity to participant in planning. Where to Find: Evaluation Planning Form, PR-01 PWN, PR-02 Invitation, PR-04 Referral, documentation of phone/ …logs

If Parent doesn’t come to the Planning Meeting…
The district must PROVE parent participation You must document that the parent was an active participant: Telephone Sign and return Written of concerns….. Document specific details not just “message left”

Note: Children of Various Cultures
The district should convey the message that the parents are a valuable resource and that their culture, background and needs are respected In some cases, it may be important to have an individual present who is familiar with the family’s culture, such as another family member or a representative from the community. When seeking consent for any activity, the district must fully inform the parents of all information relevant to that activity in the parents' native language or other mode of communication. As a result, the district must provide a translator . Resources that may be useful include community churches and ODE's Lau Resource Center.

Peeling Back the Layers- Planning Form
Review the Data you Already Have - Parent information Evaluations provided by parents (consider) Response to Intervention, early intervention/ preschool/ progress monitoring Standardized testing (district tests, DIBELS, OAA…) Curriculum based assessments Universal Screening (individual screenings must first have parent consent) Interviews with the child Observations/work samples/behavior checklists Progress in the general curriculum Educational history/attendance

Did the evaluation planning team review existing data on the child? Evidence: team reviewed existing data: existing evaluations, information from parent, current classroom based/state/local assessments, classroom based observations. Where to Find: Evaluation Planning Form, PR-04 Referral, PR-01 PWN, Help me Grow forms, Other documentation (i.e. s, written correspondence, meeting notes, phone logs…)

2. What else is needed to determine:? Whether the child is a child with a disability; The educational needs of the child; The child's present levels of academic achievement and related developmental needs of the child (for preschool, the child's ability to participate in developmentally appropriate activities); AND Whether the child needs special education and related services.

Evaluation Planning Form
Suspected Disability: the category(s) of suspected disability as defined in the Operating Standards If it ends up being a different category than you suspected – that’s ok Team members: name and position

Type of Evaluation Initial: Reevaluation Never identified as a SWD
Was a SWD but exited after an evaluation Transitions from Help Me Grow Move in from out of state – district wants to evaluate Parents have revoked consent and want to again receive services Reevaluation Move in from out of state and district accepted the out of state evaluation and serving the child under their out of state IEP or wrote a new IEP Already identified as a SWD, even if last evaluation is expired

A. Whether the child is a child with a disability
Disability Categories: Autism disability Cognitive Disability Deaf Blindness Deafness Emotional Disturbance Hearing Impairment Multiple Disabilities Other Health Impaired Orthopedic SLD Speech and Language TBI Visually Impaired Developmental Delay (preschool) Do they meet the definition of the suspected handicapping condition?

1.Autism A developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age 3 that adversely affects a child's educational performance. Other characteristics often associated with "autism" are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. (a) Autism does not apply if a child's educational performance is adversely affected primarily because the child has an emotional disturbance, as defined in of the Administrative Code, paragraph (B)(10)(d)(v). (b) A child who manifests the characteristics of autism after age 3 could be identified as having autism if the criteria in paragraph (B)(10)(d)(i) are satisfied. No medical diagnosis is required – a school team may make this determination

2. Cognitive Disability:
"Cognitive disability" (mental retardation) means significantly sub-average general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period, that adversely affects a child's educational performance. (a) "Significantly sub-average general intellectual functioning" refers to an intelligence quotient of seventy or below as determined through a measure of cognitive functioning administered by a school psychologist or a qualified psychologist using a test designed for individual administration. Based on a standard error of measurement and clinical judgment, a child may be determined to have significant sub-average general intellectual functioning with an intelligence quotient not to exceed seventy-five. (b) "Deficits in adaptive behavior" means deficits in two or more applicable skill areas occurring within the context of the child's environments and typical of the child's chronological age peers.

3.Deaf Blindness/ 4.Deafness
Deaf Blindness: Concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs designed solely for children with deafness or children with blindness. Deafness: A hearing impairment that is so severe that the child is impaired in processing linguistic information through hearing, with or without amplification, that adversely affects a child's educational performance.

5. Emotional Disturbance
"Emotional disturbance" means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child's educational performance: (a) An inability to learn that cannot be explained by intellectual, sensory, or health factors. (b) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers. (c) Inappropriate types of behavior or feelings under normal circumstances. (d) A general pervasive mood of unhappiness or depression; (e) A tendency to develop physical symptoms or fears associated with personal or school problems. (f) Emotional disturbance includes schizophrenia. The term does not apply to children who are socially maladjusted unless it is determined that they have an emotional disturbance under paragraph (B)(10)(d)(v) of this rule.

6. Hearing Impairment (vi) "Hearing impairment" means an impairment in hearing, whether permanent or fluctuating, that adversely affects a child’s educational performance but that is not included under the definition of deafness in this rule. (1) An average pure tone hearing loss of fifty decibels or greater for the frequencies five hundred, one thousand, and two thousand hertz in the better ear; (2) An average pure tone hearing loss of twenty-five decibels or greater (ASHA) for the frequencies five hundred, one thousand, and two thousand hertz in the better ear, which has an adverse effect upon the child's educational performance related to documented evidence of: (a) A more severe hearing loss during the developmental years than is currently measured; (b) A history of chronic medical problems that have resulted in fluctuating hearing, presently or in the past; or (c) A delay in diagnosis, provision of amplification, or initiation of special programming. (3) A hearing loss in excess of twenty-five decibels (ASHA) for the frequencies one thousand hertz through eight thousand hertz in the better ear, resulting in such poor auditory discrimination that it has an adverse effect upon the child’s educational performance.

7. Multiple Disabilities
"Multiple disabilities" means concomitant impairments (such as mental retardation-blindness or mental retardation-orthopedic impairment), the combination of which causes such severe educational needs that they cannot be accommodated in special education programs solely for one of the impairments. "Multiple disabilities" does not include deaf-blindness. if the child exhibits: (1) A combination of two or more areas of disability as defined in rule of the Administrative Code, except for a combination that includes a specific learning disability; and (2) A severe or profound deficit in communication or adaptive behavior documented through the use of individually administered standardized instruments which have been validated for the specific purpose of measuring communication or adaptive behavior.

8. Other Health Impairment
(ix) "Other health impairment" means having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that result in limited alertness with respect to the educational environment. These chronic or acute health problems must adversely affect a child’s educational performance, that: (a) Is due to chronic or acute health problems such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and tourette syndrome; and (b) Adversely affects a child’s educational performance. No medical diagnosis is required for ADD – a school team may make this determination

OHI- Major 1. The child is identified as having a medical condition that is among those listed by the superintendent of public instruction as conditions where a substantial majority of cases fall within the definition of "medically fragile child." The current list is as follows: When a child has a tracheostomy; When a child has a central IV line; When a child is on a ventilator; When a child requires tube feedings; When a child requires percussion and drainage; When a child requires suctioning; or When a child is oxygen dependent. 2. The child is determined by the superintendent of public instruction to be a medically fragile child after being petitioned by the district superintendent. If during the first week of October a student does NOT have one of the above conditions, but still has a specific serious medical circumstance (a) requiring physician services weekly, (b) requiring nursing services daily, and (c) is at risk of institutionalization, a school district superintendent may petition the superintendent of public instruction for inclusion of such student in the "other health impaired – major" category for funding purposes.

9. Orthopedic Impairment
"Orthopedic impairment" means a severe orthopedic impairment that adversely affects a child’s educational performance. The term includes impairments caused by a congenital anomaly, impairments caused by disease (e.g., poliomyelitis, bone tuberculosis), and impairments from other causes (e.g., cerebral palsy, amputations, and fractures or burns that cause contractures).

10. Specific Learning Disability
(a) General. "Specific learning disability" means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculation, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. (b) Disorders not included. Specific learning disability does not include learning problems that are primarily the result of visual, hearing, or motor disabilities, of mental retardation, of emotional disturbance, or of environmental, cultural, or economic disadvantage.

11. Speech and Language "Speech or language impairment" means a communication disorder such as stuttering, impaired articulation, a language impairment, or a voice impairment, that adversely affects a child’s educational performance.

12. TBI "Traumatic brain injury" means an acquired injury to the brain caused by an external physical force or by other medical conditions, including but not limited to stroke, anoxia, infectious disease, aneurysm, brain tumors and neurological insults resulting from medical or surgical treatments. The injury results in total or partial functional disability or psychosocial impairment or both, that adversely affects a child’s educational performance. The term applies to open or closed head injuries, as well as to other medical conditions that result in acquired brain injuries. The injuries result in impairments in one or more areas such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech. The term does not apply to brain injuries that are congenital or degenerative or to brain injuries induced by birth trauma. Medical history Ohio – goes above and beyond the fed definition and include closed head (i.e. cancer, …)

13.Visual Impairment "Visual impairment" including blindness means an impairment in vision that, even with correction, adversely affects a child's educational performance. The term includes both partial sight and blindness. Visual impairment for any child means: (a) A visual impairment, not primarily perceptual in nature, resulting in a measured visual acuity of 20/70 or poorer in the better eye with correction; or (b) A physical eye condition that affects visual functioning to the extent that special education placement, materials and/or services are required in an educational setting.

14. Developmental Delay A Preschool Child with a Disability must be
eligible in one of these 13 categories: Autism Cognitive Disability Deaf-blindness Deafness Emotional Disturbance Hearing Impairment Multiple Disabilities Orthopedic Impairment Other Health Impairment Specific Learning Disability Traumatic Brain Injury Visual Impairment Speech or Language Impairment Developmental Delay

Developmental Delay Is the child 3-5 years?
Did the team consider all the other categories first? If NOT DD can not be used. Is there evidence of a delay in physical, cognitive, communication, social-emotional or adaptive abilities? Team feels DD is more appropriate Team can choose to use DD without further assessments If the child is not eligible for special education under any of the 13 disability categories –but has a documented deficit in physical(vision, hearing, motor), cognitive, communication, social/emotional development or has a deficit in adaptive behavior and meets the definition of DD.

Eligibility Decisions
Preschool Special Education Rules August 2008 Eligibility Decisions Determine if child is a preschool child with a disability under one of the disability categories used for ages 3 through 21: Autism Cognitive disability Deaf-blindness Deafness Emotional disturbance Hearing impairment Multiple disabilities Orthopedic impairment Other health impairment Specific learning impairment Speech or language impairment Traumatic brain injury Visual impairment I. Child meets the criteria II. Child meets the criteria for Cognitive disability; Emotional disturbance;; OR Speech or language impairment III. Child does not meet the criteria Child demonstrates a developmental delay as defined by Rules and HO 5: PSE Eligibility Rules 8/08 HO 6: Topic 11.1 Eligibility Guidelines Another way to look at the process- steps 1, 2 ,3 The disability category is used Team decides to use the disability category of developmental delay The disability category of developmental delay is used ODE/EL&SR

Preschool Qualification
For a preschooler to be eligible as a SWD (of any category): Is the delay substantiated by 2 Standard deviations below the mean in 1 area or 1.5 SD in more than 1 area? OR If the delay is not substantiated, the team should explain the preponderance of evidence as to how the child qualifies Standard Deviation results can not be the sole factor in determining developmental delay

Did the evaluation planning team identify what additional data if any, were needed? Evidence: evidence of evaluation team determined what additional data if any was needed or determined that no additional data was needed. Where to Find: Evaluation Planning Form, PR-04 Referral,PR-01 PWN, Other documentation (i.e. phone/ …logs, meeting notes, etc…)

3. Selecting Assessment Tools/Areas Based on the suspected area of disability, and ANY OTHER area that affects performance (i.e. speech, behavior, hearing impairment….) A comprehensive evaluation is a multidimensional assessment process, Tailored to the needs of the individual child and not a standard battery of tests administered to all children suspected of needing special education services. There are no state prescribed areas that must be assessed for school age- unless it is required in the definition.

Peeling Back the Layers: Assessment Areas
The team decides what information is needed to determine whether or not the child is a SWD Using the definitions of each disability category You must look at each area and decide if there are concerns or not- using your data (you don’t want to get to the end and decide you missed something) If the team plans to assess an area not identified in the original plan, the team would need to notify the parent . Be careful in selecting what you want to evaluate, select and use what you select. Do not do a consent form so far in advance that you prior selected assessments that you do not need or that are not appropriate when the time comes. For example, sending a consent form in September when the evaluation won’t be done until April. You need to plan the assessments as a team activity. Do not assume that having an SLP assessment is sufficient and only have parent and SLP meet and plan. This is out of compliance. Also note that a psychologist is not needed in every evaluation if there are no concerns about social, emotional, behavior or intelligence issues.

Peeling Back the Layers: Assessment Areas
Team decides if: The information has already been collected & is current (not over a year) If further information is needed: Who will be responsible: name and role (if name changes call parent) Indicate the AREA (i.e. academic skills, behavioral assessment, expressive and receptive language skills…) to be assessed. NOT the names of tests. (Barb Murphy, ODE) For every area checked– someone must include in their ETR – Part 1

Sometimes you have data in a specific area, BUT you also want more….
Be specific about what you have and what further information you need You can put “yes” you have data and “yes” further assessments are needed

Preschool Planning Form
All of these developmental domains are to be assessed using at least one method of evaluation: Adaptive Behavior Cognition Communication Hearing Vision Pre Academic Gross/Fine Motor Social/Emotional Behavioral Medical Health

Preschool Eligibility: Rule 3301-51-11
All 4 Assessment types/areas in the area(s) of suspected disability: Interview Observations Standardized Norm Referenced Criterion References or Curriculum Based assessments

Preschool Planning Grid

Developmental Delay Example

Is there evidence that the evaluation addresses all areas related to the suspected disability? Evidence: Evidence eval. addressed all areas related to the suspected disability (i.e. MD, SLD, Hearing), and other areas if appropriate (i.e. health, vision, communication…). Preschool – multiple sources (Part C, parent info) and all 4/5 areas: interview, observation, criteria and norm referenced; all developmental areas assessed with at least 1 source of information. Where to Find: Evaluation Planning Form, PR-04 ReferralPR-01 PWN, preschool evaluation form.

Signatures on Planning
LEP and racial/cultural bias – taken into consideration (to show an accurate assessment of the child’s knowledge and skills) The team chairperson may or may not be the district representative. Therefore, the signature line for the district representative may be left blank or may be utilized by the team chairperson by simply scratching out “district representative” and adding in “team chairperson.” Date = date each team member signs (will vary if not a face-to-face meeting) Set your date for the ETR meeting at the planning meeting (2 weeks prior to the date) If done by phone – write parents name and “by phone conference” and send home for signature If you set your ETR meeting ahead of time, you can allow a timing that is mutually agreeable with the parents and required team members. Please be proactive about not cutting yourself to the last available day; because we know “snow” happens! Or hurricanes, or power outages or a need for another assessment not preplanned for. If it is not a meeting there must be documentation that planning took place and all members provided input into the planning process. – could gather information from team members then send to them for their signature

Peeling Back the Layers: Planning Form
Parent input Behavior Academic Skills Social Emotional Transition Communication Progress in Curriculum Gross Motor NEEDS Hearing Vision IEP Gen. Intelligence Physical Health Fine Motor Parent input Background History Adapted Behaviors Behavior Assessment Data from Interventions

Connection of Planning form to ETR to IEP
What is identified as potential needs on the Planning Form, may lead to: Areas of Need on ETR Areas of Need on ETR, should lead to: Areas of Need on IEP Present Levels on IEP Goals and Specialized Instruction on IEP

Planning Form Compliance Issues
Not all areas are addressed – thus the child is not given a comprehensive evaluation Standard battery of tests for all- not individualized Not doing what you said you’d do on the planning form Don’t put something down for some discipline who is not there

Questions

PR-05 Parent Consent for Evaluation
Needed for any assessment including: FBA Based on quantitative data, not anecdotal notes BIP’s must be individualized- not a level system for all Assistive Technology Any individualized assessment Must be paired with PR-01 which = informed consent, and a planning form Planning Form PR-05 Consent PR-01 Notice

Documentation of Consent
Parental consent for initial evaluation is required The school district must obtain informed consent (PR-01 and PR-05)for the initial evaluation and should document attempts to obtain the parents’ consent by maintaining detailed records that include dates, times and results of their efforts. Documentation may include telephone logs, copies of written correspondence including electronic communications, and/or completion of Documentation of Attempts to Obtain Parent Participation (optional form). The documentation is filed in the child’s education record. You only need one parent’s signature If the parent doesn’t give consent you can NOT move forward unless you go through due process

ETR: Evaluation Team Report
Cover Page ADD LOUPE OF COVER PAGE

Child’s Information

Parent Information Enter Parent’s information
Parents information, use two boxes if needed. This does not have a drop down add button option.

Type of Evaluation Last ETR: Referral Date: Parents Consent Received:
If move in and can’t get write N/A Referral Date: Date received request for evaluation (oral/written) Begins the 90 day timeline to ETR Reeval= date of planning form Parents Consent Received: Begins the 60 day timeline to ETR If the date differs that when the parent signed, the district should document the date. 1 day less than 3 yrs. 90 days to ETR Referral date: Verbal requests are acceptable as a request for evaluation. It is NOT required to be written. Parent can ask for an administrative review or go to due process if they are not in agreement with the decision of the team. 60 days to ETR

ETR Form Status As each section is completed and the box checked at the end, checks appear on the front for a quick check of process status

Instructions Provides an overview of the entire form
Select school aged or preschool planning form

Part 1: Individual Evaluator’s Assessment

Individual Evaluator’s Assessment
Page for each person doing an assessment Areas of Assessment: vision, hearing, gross motor, academic skills, speech and language development, social-emotional functioning, behavior, cognitive ability, adaptive behavior, secondary transition skills, etc….

Evaluation Methods and Strategies
Make sure there is documentation with data collected. Indicate the method(s) used Be sure match what you said on the planning form.

Assessment Information
Summary of Assessment Results: Clear and understandable description of performance and results compared to reason for referral Any conditions/limitations that may have influenced the validity of the results Specific/Measureable data = BASELINE LINKAGE to the IEP: This will be your baseline data for any PLOP’s/Goals

Description of Educational Needs
Should tie directly to the implications for instruction and progress monitoring and provide direction for the IEP Summarize charts/graphs (which can be attached) Preschool: precursor skills, and how the child will access the curriculum (May also include accommodations/modifications for the child to participate in free play, bus and mobility) Summary of the child’s educational NEEDS: Academic weaknesses, behavior, social-emotional skills, speech and language skills, functional needs, physical and medical needs, and skills related to successful secondary transition. LINKAGE to the IEP: This will be your baseline data for any Needs/PLOP

Implications for Instruction:
How these needs impact the child’s progress in the general curriculum Address each of the child’s educational needs identified in the previous section with a summary of the types of supports, services, or specially designed instruction, if appropriate, that is necessary to address those needs and to enable the child to progress in the general education curriculum. LINKAGE to the IEP: This will be your link to Specially Designed Instruction, Modifications, Accommodations, Related Services…

Evaluator Signature The evaluator signs and dates the evaluation.
If the district has the form electronically and would prefer the evaluator to sign and date the signature page of the evaluation team report (ETR) because the district does not have electronic signature capability, the evaluator’s name and title should be typed in this space with a notation that the evaluator’s signature can be found in Section 5—Signatures—of the ETR report.

Let’s Peel Back the Layers on the Part 1 for the various professionals

General/Reg Ed Teacher Example
* Will go on IEP General/Reg Ed Teacher Example * Include information about Interventions (what worked, what didn’t, fidelity, intensity, frequency….) (Profile, PLOP, SDI) *What strategies and tools worked (Profile, PLOP, SD Instruction) *Student’s learning style (i.e. learns best when….) (Profile) *Assessment data (within 1 yr, time referenced) (PLOP) short cycle, teacher made tests, grades… -To Peer comparison , comparison to the curriculum/grade level standards Baseline data in areas of need Include information about OAA and OAT (to the detail of the standard) *How needs affects progress in the general ed. curriculum (PLOP, Goals,) Needs that can’t be met in a regular classroom that need specially designed instruction Mismatch with peers How this presents itself in the classroom environment (educational needs and implications for instruction)

Psych Example *Background History – (Profile) * Will go on IEP
Information provided by the parent Medical background/Diagnosis Allergies/Medicines - not specific prescriptions (Other) Attendance History – if pertinent School mobility/ home school –if pertinent – Previous evaluations from outside agencies (consider) *History of interventions and results *How the student performs in comparison to peers in the areas of Cognitive, behavioral, achievement, social emotional, environmental, etc… Include the Student’s strengths (PLOP) *How needs affects progress in the general ed. curriculum (PLOP, Goals) (unless provided by another team member)

Special Ed Example Initial Evaluation * Will go on IEP
*Include information about Interventions (what worked, what didn’t, fidelity, intensity, frequency….) *Assessment data (within 1 yr./ time referenced) (PLOP) (short cycle, teacher made tests, grades…) -To Peer comparison /comparison to the curriculum/grade level standards Baseline data in areas of need *What strategies and tools worked (Profile, PLOP, SDS) *Student’s learning style (Profile) *How needs affects progress in the general ed. curriculum (PLOP)

Speech and Language Example
* Will go on IEP Speech and Language Example *Information about how the student performs in comparison to peers in the areas of : (PLOP, Goals, SDS) Articulation (artic, phonological processes, intelligibility, whole word accuracy, etc…) Language (expressive, receptive, vocabulary, syntax, semantics, pragmatics, etc…) Voice Stuttering If there is adverse affect- how this presents itself in the classroom environment (educational needs and implications for instruction) How needs affects progress in the general ed. curriculum What will be difficult in the classroom curriculum Possible suggestions for what the student could benefit from (i.e. strategies, tools, etc…) Do NOT put that the child qualifies/doesn’t qualify for services – this is an IEP team decision Instead talk about needs (“below average”) and comparison to typical peers

Special Educator- Reevaluation Example
* Will go on IEP Special Educator- Reevaluation Example * How student is accessing and making progress in the general ed curriculum (Profile, PLOP) * Needs interfering with the student accessing the general ed. curriculum that need specially designed instruction (PLOP) * Where the student is being educated (reg./sp. ed classes) (Profile) * What strategies and tools worked (Profile, PLOP, Accommodations) * Student’s learning style (Profile) * Assessment data (within 1 yr./time referenced) *Progress monitoring data from IEP = baseline *i.e. short cycle, teacher made tests, grades…-To Peer comparison, comparison to the curriculum/grade level standards *Include information about OAA and OAT (to the detail of the standard) (Profile, PLOP)

Outside Evaluations You only need to document that you considered the information You might: State what the outside source found Give your data that confirms or refutes the outside evaluation Make it clear that you either agree with the outside information or NOT and why…if you just put it in your report and don’t refute it you are saying you agree with it. Do NOT attach it to the ETR – you are taking it as gospel. Do NOT wait on an outside evaluation and go over your timelines! Complete it with what you have and revisit if you need to.

ETR Part 1 Compliance Issues
Using terminology that isn’t understandable to all Using information that is over 1 year Not giving specific/measurable baseline data Not interpreting test scores Not connecting the assessment to progress in the general curriculum Indicating on the Part 1 that the child “qualifies for___ service”… this is a team decision

Part 2: Team Summary Page

ETR Meeting The Operating Standards do not require a separate meeting to be convened to develop and review the evaluation team report. The ETR can be reviewed with the parents at the IEP meeting. However, the parents do have the right to request that two meetings be scheduled - one to review the ETR and one to develop or review the IEP. Holding a separate meeting to review the ETR provides the parents with an opportunity to consider the information in the ETR prior to the development of the IEP. Additional information is available in Procedural Safeguards Opportunity to Review Records Give a copy of the ETR to parents before beginning the IEP

Part 2: Team Summary Page

The following sections can be completed as a draft prior to the team meeting:
Interventions Summary, Reason(s) for Evaluation, Summary of Information Provided by Parents of the Child, Summary of Observations (SLD), Medical Information, and Summary of Assessment Results. The last two sections: Description of Educational Needs and Implications for Instruction and Progress Monitoring, will be completed by the entire team during the meeting, based on a review of all Part 1 submissions, as well as a review of the previous sections in this part of the form.

Interventions Summary
Interventions summary (prior to referral or as part of the evaluation) including: the length, intensity, frequency and duration, assessment method used to monitor progress, frequency the progress was monitored and an analysis of data collected. (i.e. systematic and explicit phonics instruction provided to the child in a small group of 5 students for 30 minutes a day, 5 times per week, for 10 weeks. curriculum-based measurement or systematic observation, and the frequency that the child’s progress was monitored…) Charts can be attached- be sure to interpret them For revaluations, the team will record the actual intervention data that the implementation of the IEP has generated. Intervention fidelity, how well the intervention was done in comparison to what was assigned, should be included.

Reason for Evaluation/ Parent Info
From PR-04 Referral for Evaluation, or the PR-04 can be stapled to the ETR Summary of information provided by the parents Include information from PR-04 May contain results of checklists, interviews, outside evaluations provided to the team Information provided by parents at the team meeting is also included here

Summary of Observations
Summary of Observations is only required for SLD and Preschool Can be done for any disability category Child must be observed in a learning environment including regular ed. setting. Observe in the area of concern (reading, math, transitions…) Can be done prior to referral or as part of referral Data should quantify the performance in terms of frequency, duration, intensity or quality Summary of observations are also if a student has been out of school for medical or disciplinary reasons.

Medical Information Medical information that has an impact on the educational needs of the child or necessary to ensure the health/safety of the child May record medications, explanation of medical procedures, instructions for school personnel to follow if … (i.e. seizure, diabetes)

Summary of Assessment Results
Concise summary of key findings – from all assessments, that led to the conclusions of the team Not as detailed as what was in part 1 (individual evaluators) The evaluator should also describe the strengths of the child as this information can assist in the development of effective interventions and can be used to support the child’s success within the general education environment

Peeling back the Layers: Needs
Summary of Educational Needs - Identify the Needs that rise to the level of needing specially designed instruction (academics, social-emotional, speech and language, functional needs, physical and medical needs, and skills related to successful secondary transition.) Specific needs which will drive the IEP goals and needed services that require specially designed instruction Needs should tie directly to the Implications for Instruction What interventions and accommodations does the child need to access and benefit from the general curriculum? (Preschool) – may include precursor skills not usually associated with the content standards – the key is how the child will access the general curriculum Done as a Team PLOP SDI

Peeling back the Layers: Implications for Instruction
“What does this mean?” How the child’s needs have an impact on the progress in the general ed. curriculum? How the student will access the general ed. curriculum? Describe the strengths of the child Each of the child’s needs should be addressed – with a summary of the types of supports, services or specially designed instruction, that is necessary to address those needs to enable the child to progress in the general education curriculum. (Preschool) – describes the implications for accommodations/ modifications that are needed for the child to access the general curriculum Done as a Team PLOP SDI

Implications for Instruction- Preschool Examples
Can the child follow only one- step directions? Child needs special equipment for mobility/communication. What are the implications that need to be addressed for the environment, classroom setup, materials and access to materials and children? Child has articulation errors. What type of modeling and nonthreatening practice will be embedded in everyday instruction? Considerations for instruction and progress monitoring: How do all staff support an accommodation, such as one step directions? How do related service staff provide support for the child in the classroom? Does the child need to be removed from the setting for a service? If so why? How will the information be shared with other staff and family. How are all staff sharing information about progress monitoring? How will the family be involved in discussing progress monitoring? From ETR Annotated Guide

Peeling Back the Layers: Planning Form
Profile Strengths Needs/PLOP What works Goals/Objectives Needs Specially Designed Services Implications for Instruction ETR IEP

Thank you Jennifer Burt Taylor!!!

Activity Given several Summary Part 1’s
What would you take from Part 1 and put on the summary page? What are the Links to IEP? Flip tables – could you make a good IEP? from what your peers marked? What would be in : Profile PLOP, Prioritized Goals, Objectives/Benchmarks, Specialized Instruction, Accommodations/Modifications…. What is missing?

Part 3: SLD

Required Notification
If the child participated in RTI, were parents notified of: Amount and nature of data collected, and support services provided? Strategies to increase rate of learning Parents right to request an evaluation

Identified Areas For SLD
Identify which areas the team determined that the child is not achieving adequately for the child’s age or Academic Content Standards.

Response To Intervention
Either this section (B) or (C) must be completed If the team used a RTI process they should summarize the results in this section Include how the interventions were delivered with fidelity Focus on the analysis of the data – which provides evidence to support the decision that the gap can not be closed with out specialized instruction

Strengths and Weaknesses
If the team conducted an evaluation process to determine patterns of strengths and weaknesses (not RTI) they would summarize the results here. Multiple sources of data and information should support the need for specialized instruction One or more areas should be checked in Section A

RTI or Testing Part 3: B or C ?

Exclusionary Factors If any of these boxes are NOT checked, then the student can not be eligible as a student with a learning disability So if the deficiencies are the result of one of those boxes, check the box. If the deficiencies are not primarily these exclusionary factors, move to the next section.

Not Due to Lack of Instruction
Document the data used to show the child was provided appropriate instruction, by qualified personnel, AND Summarize the results of any assessments (i.e. curriculum based measurement, formative short-cycle assessment) used to monitor the child’s progress during instruction and how they were shared with the parents.

Lack of Instruction In certain situations it may be more difficult to determine if a child’s poor performance is due to a lack of appropriate instruction in reading or math or if it is the possible result of a disability. These situations could include: Children who have a history of poor attendance or excessive truancy; Children who have been in schools in academic watch, in a large class size, or in a classroom where a teacher is not highly qualified; Children, including migrant children, who have moved frequently and have attended numerous districts or buildings within a district; Children who enroll in the school district and previously have been home-schooled or attended a private school; Children who lacked exposure to developmentally-appropriate activities; and Children who lacked needed support due to the impact of poverty. You are going to do interventions – if their progress looks similar to peers it isn’t an issue of poverty

Child who has moved frequently
In the case of children who have moved frequently, attended private school or been home-schooled: the district should attempt to obtain information about the child’s educational history from the parents and other educational entities that the child has attended, to the extent possible. This information could include the type of curricula the child was exposed to and available measures of the child’s progress. The district should also obtain current data-based evidence to indicate the child’s present level of performance in mastering academic content standards appropriate for the child’s age or grade level and to determine the child’s progress when provided with high quality instruction and interventions. In addition to other relevant information about the child, the rate of progress can provide an indication of the intensity of instruction the child will require to improve performance. If the rate of the child’s progress is not adequate when provided with intensive individualized intervention, the district may suspect that the child has a disability and refer the child for a comprehensive evaluation.

Poor Attendance In the case of a child who has a history of poor attendance or excessive truancy, the district must determine if the primary reason for the child’s poor performance is the result of reduced opportunities for instruction and learning, a lack of appropriate instruction or the presence of a disability. The same process described previously would also apply in this situation, but the district would also need to develop an intervention plan to address the child’s attendance or truancy problem to eliminate reduced instructional time as the cause of the child’s poor performance.

Observation If information on observation has been reported in part 2 it does NOT need to be repeated – note information is found in 2 Team Summary Child should be observed in the child’s learning environment (either prior to referral or as part of referral process) and the performance should be quantified in terms of frequency, duration, intensity or quality Preschool or home bound – observe in an environment appropriate for a child of that age

RTI Data If the data indicate that the child is not demonstrating adequate progress when provided with high quality individualized intensive interventions, or when these interventions require more support than can be provided solely within the general education environment, the child may be suspected of having a disability and be referred for an evaluation. The data collected as part of the intervention process will become a significant component of the evaluation process.

Interventions Concurrent with Eval.
There are circumstances when interventions must be implemented concurrently with an evaluation during the 60-day timeline. These situations may occur, for example, when the child’s performance is significantly below that of peers and may require very intensive instruction to remediate; the child exhibits severe behavior problems that significantly disrupt the school environment; or the child has sensory, physical, neurological or developmental conditions that may clearly require intensive support.

Twice Exceptional When reviewing child progress and matching instruction and interventions to the specific needs of children, districts also should identify those children who display uneven development and growth in skills and abilities. Twice exceptional children will often excel in certain areas while experiencing significant challenges in others. Like all learners, there are no set profiles that can be used to characterize the twice exceptional child, since each child has unique needs. Instruction and interventions should address both the child’s strengths and challenges, and if the child does not make adequate progress when provided with high quality intensive interventions, the district may refer the child for a comprehensive evaluation.

Medical Findings Any medical information not already provided in Part 2 Team Summary that would impact the child’s eligibility or be in the range of supports needed to be successful educationally

SLD Time Extensions Federal law does not allow for waiving of the timelines – except if the team suspects SLD If they suspect SLD, the team can extend the timeline to make an eligibility through the RTI process The extension must be mutually agreed upon in writing - and there must be a specific date when you are done (i.e. extending the timeline until ___). If another disability category is chosen in the end, that’s ok If the parent asks to wait to gather outside information – the district can not waive the timeline unless SLD is suspected. If medical information is needed, go ahead with the meeting, determine that the child isn’t eligible – pending further information

Part 4: Eligibility

Eligibility Determination
All must be “YES” to be a SWD The primary reason for the deficiencies is NOT due to : Lack of instruction – i.e. absent, moved frequently (can still have a disability but tell how the child responds to interventions and high quality instruction in their current setting) Limited English Proficiency Preschool – due to lack of preschool academics Eligible for specific disability category AND Requires specially designed instruction Specify the category the child is eligible for

2 prong test Before the child can be found eligible for special education services -To receive services, the child must: 1. Meet the eligibility criteria for the particular disability under consideration. It is important to note that though a child may meet the criteria for a particular disability, AND 2. the team must also determine that the presence of the disability adversely affects the child’s educational performance.

Can NOT be Eligible if… A child must not be determined to be a child with a disability under this rule: (a) If the determinant factor for that determination is: Lack of appropriate instruction in reading, including the essential components of reading instruction (Phonemic awareness, Phonics, Vocabulary development, Reading fluency including oral reading skills and strategies, Reading comprehension); Lack of appropriate instruction in math; OR Limited English proficiency; AND (b) If the child does not otherwise meet the eligibility criteria under paragraph (B)(10) of rule of the Administrative Code.

Basis for Eligibility Determination
1. Provide a justification for the eligibility determination describing how the child meets the eligibility criteria (see definitions) AND 2. how the disability affects progress in the general ed. curriculum i.e. “Despite intensive research validated interventions in the areas of --- student continues to display skills that are significantly below his same aged peers”. It should not repeat the Team Summary, Section 2, but instead directly connect the performance and needs to the eligibility category

Part 5: Signatures

Dates Date must be within:
60 days from receiving parental consent and within 90 days from referral, whichever is shorter

Evaluation Team Signatures
Date = day the individual signs, which may or may not be the date of the team meeting – if they don’t attend Signify if they agree or disagree If they DIDN’T ATTEND, they are NOT required to sign here Date person signs

Did the parent of the child determine whether the child is a child with a disability? (Initial and Reeval) Evidence: Parent involved in eligibility or was provided the opportunity to participate as evidenced by 3 attempts to contact the parent. Where to Find: PR-01 PWN, PR-02 Invitation, PR-06 ETR signature, 0ther documentation (i.e. phone/ …logs, conference call) – 3 attempts

Did a group of qualified professionals as appropriate to the suspected disability determine whether the child is a child with a disability? (initials) Evidence: parent, regular teacher (or teacher qualified to teach that age), someone who can conduct individual diagnostic examinations. Where to Find: PR-06 ETR signatures and part 1’s

Statement of Disagreement
If they disagree – they must attach a written statement to the ETR

Copy of ETR The school district of residence must provide the parents a copy of the evaluation team report and the documentation of determination of eligibility or continued eligibility : Within 14 days from the date of eligibility determination or the determination of continued eligibility and prior to the next IEP meeting,

ETR Checklist Handout Developed by SST #13

ETR Compliance Issues An area is identified on the Planning form but not addressed in the ETR An area is not identified on the Planning form but assessed on the ETR Preschool – not all areas are addressed, or not all assessment types are given There is a need identified in the ETR but it isn’t on the IEP

Reevaluation

Reevaluation Timelines
A re-evaluation may occur: not more than once a year, unless the parents and the school district agree otherwise; AND A reevaluation must occur at least once every three years, unless the parents and the school district agree that a reevaluation is unnecessary (Includes home schooled or Autism Scholarship students) If additional assessments are to be conducted as part of a reevaluation, the assessments and reevaluation must be completed by the three year anniversary date of the child’s previous evaluation. (364 days -The last day the previous evaluation is effective is three years minus one day) The 60-day timeline for initial evaluations does not apply. The referral date for reevaluations is the date the team fills out the planning form and not when the PR-01 form is sent out

Was the child’s reevaluation completed within 3 years Evidence: comparing previous and current dates of ETRs or the parent agreed a reevaluation was not necessary Where to Find: PR-06 ETR Front Page, PR-07 IEP Front Page, Documentation of LEA and parent agreement

Reevaluation Expired An evaluation would be considered a reevaluation and should be completed as soon as possible, when a child's ETR or IEP have expired because the child has: Moved frequently; Been incarcerated; Been truant; or Been placed in a residential facility; The primary purpose of a reevaluation is to confirm that the child continues to be a child with a disability. Be sure to offer 3 year reevaluation each yr. – even if home schooled

First Step: Reviewing Existing Data
In developing the plan for the reevaluation, the evaluation team should begin with a review of existing evaluation data on the child including: Evaluations and information provided by the parents of the child; Data that document the child's progress as a result of special education services, and for the preschool child, data from community or preschool program providers; The child's performance on current classroom-based, local or statewide assessments; Observations by teachers and other school personnel in the classroom and in other settings that are relevant to the child's difficulties; Interviews with the child when appropriate; Data about the child's progress in the general curriculum or for the preschool-age child, data pertaining to the child's growth and development; and Any relevant trend data beyond the past 12 months and review of current and previous IEPs.

Reevaluation Questions
The team should identify if they have sufficient data/ or need additional data that are needed to determine: The present levels of academic achievement and related developmental needs of the child; Whether the child continues to be a child with a disability and continues to require special education and related services to meet the child's educational needs; and Whether any additions or modifications to the special education and related services are needed to enable the child to meet the measurable annual goals set out in the child's IEP and to participate, as appropriate, in the general education curriculum. Whether assessments should be completed before beginning or terminating certain types of related services,

Three Kinds of Reevaluations: 1. Reevaluation- Review of Data
Most Common Type Three Kinds of Reevaluations: 1. Reevaluation- Review of Data After reviewing the existing data on the child, if the evaluation team determines that no additional data are needed to determine that the child continues to be a child with a disability, and to determine the child's educational needs, the evaluation team must notify the child's parents of: The determination and the reasons for the determination; AND The parents' right to request an assessment to determine whether the child continues to be a child with a disability, and to determine the child's educational needs. The Prior Written Notice to Parents PR-01 form may be used for this notification if it includes the required information listed directly above. The evaluation team may conduct its evaluation review without a meeting. The school district is not required to conduct an assessment for reevaluation unless requested to do so by the child's parents.

Three Kinds of Reevaluations: 2. Reevaluation – New Assessment
If the evaluation team determines that a review of existing data including assessments is not sufficient for conducting the evaluation, the team should identify the additional data that are needed to answer the 4 questions. The school district must provide the planning form, Prior Written Notice to Parents PR-01 form and obtain informed parental consent (PR-05 form) before conducting any tests or assessments -unless the district has provided notice and the parent has failed to respond to reasonable attempts to obtain consent. If parents refuse the additional testing – you can agree that it is unnecessary, conduct the reeval using the data you have, or pursue the assessment through due process (5.3 Guidance Doc) Tests and assessments conducted as part of a reevaluation must be completed by the three year anniversary date of the child's previous evaluation

Three Kinds of Reevaluations: 3. Reevaluation Unnecessary
RARE!! Three Kinds of Reevaluations: 3. Reevaluation Unnecessary There are some circumstances when the district and the parents will agree that a reevaluation of a child is unnecessary. This agreement could be appropriate if the child’s continued eligibility for special education is not in question and the child is making expected progress as a result of special education services. It is not permissible for a district to automatically determine that reevaluations are unnecessary for children identified with particular disabilities. This decision should be based on the individual needs of the specific child. Before making a final decision, the parent and district should fully discuss the advantages and disadvantages of not conducting a reevaluation and the effect that the decision could have on the child’s educational progress. It is important to note that this is an agreement between the parents and the district and NOT a waiver. If the parents and the district agree that a reevaluation is unnecessary, the district can document this agreement on the Prior Written Notice PR-01 form or the Agreement to Waive Reevaluation OP-4 optional form.

When to do a Reevaluation…
Conducting a reevaluation provides the parents and the district with the opportunity to review the child’s progress on academic and functional goals in response to special education services and to determine whether the child continues to be eligible for special education. Each school district must ensure that a reevaluation of each child with a disability is conducted when: The IEP team determines that the child's educational or related services needs, including improved academic achievement and functional performance, warrant a reevaluation; The child's parents, the school or the child's teacher request a reevaluation; Prior to determining that a child is no longer a child with a disability; and When exiting a child from special education.

5. Reevaluation Required for Preschoolers to Kindergarten
Existing data regarding the child's knowledge and skills outlined in the Early Learning Content Standards (found on the education.ohio.gov Web site) and kindergarten content standards provide the team with an understanding of what a child should know and be able to do when exiting early learning community centers (ELCCs) and what the child will learn in the kindergarten environment. Not only should academics be considered, but the child's summary of performance should be reviewed in the areas of acquisition and use of knowledge and skills, social-emotional competencies and adaptive or self-help skills.

6. In some cases, a reevaluation is necessary when the child’s initial evaluation was conducted at a very young age and the team is concerned that the initial results may not reflect the child’s current abilities or skills. A reevaluation might also be recommended when the child has demonstrated a significant improvement or decline in academic performance or behavior or has failed to make reasonable progress.

Reevaluation is not needed if
Parents revoke consent for special education services, A child's change in placement is due to graduation or the child exceeds the age eligibility for special education services. In Ohio, that age is 22. The district is required to provide the child with a Summary of Performance that includes a summary of the child's academic achievement and functional performance, as well as recommendations on how to assist the child in meeting the child's postsecondary goals. Removing a related service from an IEP

Reevaluation HI/VI An updated assessment might be warranted if the child demonstrated evidence of deterioration or improvement in hearing or vision (or has a progressive condition that would need to be monitored over time) and the IEP team needed this information to update the child’s current status. This medical update is not required for continued eligibility, however, if the team determines an update is necessary, this should be documented in the child’s IEP. Updated vision is required to access Federal Quota funds

Did a group of qualified professionals as appropriate to the suspected disability determine whether the child is a child with a disability? (reevals) Evidence: parent, regular teacher (or teacher qualified to teach that age), special educator, district rep, someone who can interpret individual diagnostic examinations, child, others. Where to Find: PR-01 PWN, PR-02 Invitiation, PR-06 ETR signatures and part 1’s

Reevaluation Compliance Issues
Reevaluations – lacked evidence of reviewing existing data Reevaluations lacked a planning form Reevaluations lacked notice to parents of all evaluation procedures Reevaluations lacked evidence of the parents right to request additional testing – if the district felt there was not need for additional testing. Failure to conduct an appropriate 3 yr reeval with planning meeting and consent (consent via phone is not informed written).

Adding and Deleting Services

When Adding a Related Service
The school district does NOT need to conduct a full evaluation when it is determined that only a related service needs to be added to a child's IEP. Only an evaluation in the area of need (e.g., physical therapy) is required. Prior written notice and parental consent are required if the district is conducting individual assessments to determine if a related service is needed. The ETR and the IEP may be amended using the amendment process. Neither the ETR nor the IEP needs to be rewritten. This assessment for a related service does not change the date that the current ETR must be reviewed and revised. The assessment for the related service is reviewed and revised on the same date as the current ETR.

Steps for Adding a Related Service
PR-01 Planning form for Related Service area (SLP, OT) Parent Consent PR-05 Page of Part 1 of ETR & Attach to back of ETR If the related service is so severe that it impacts the other goals and objectives, then you may need to redo the ETR back page and summarize in the general summary portion No parent signature is required for this “add on related service ETR”. 3 year reevaluation timelines follow from original ETR

Removing a Related Service
The district must have data and documentation that show that the child has met all goals that required the support of the related service that will be removed. The district also must show that there are no additional future goals, based on current information, that require the support of the related service that is being removed. If the parents agree to the removal of the related service and all other parts of the IEP, the district creates the new IEP or amends the existing IEP without the related service, makes sure that the parents receive a copy of this IEP within 30 calendar days of the IEP meeting. If the parents do not agree to the removal of the related service from the current IEP, or disagree with any other part of the IEP that is created or amended to remove the related service, the district owes the parents a prior written notice (PR-01). As long as the new IEP excluding the related service does not also include a change of placement the parents have not agreed to, the district may implement the new IEP without the related service, even if the parents disagree to the removal of the related service. The parents may enter a form of conflict resolution including administrative review, mediation and requesting a due process hearing to address the disagreement about the removal of the related service.

Steps for Removing a Related Service
No ETR required Review data showing child has met all goals and needs no additional goals On present IEP (“goal met and dismissed -initial next to the goals) On upcoming IEP indicate the dismissal and why “has met all goals and objectives an needs no additional goals and objectives” – in Other or Profile Provide PR-01 (If parent disagrees – BP to do as a paper trail)

Steps for Dismissing from Special Ed Services
PR-01 Proposal to Dismiss/Change of Identification Invite Parent to ETR Planning Meeting (PR-02) – hold meeting Parent consent for Evaluation if new assessment is needed (PR-05) Invite Parent to ETR Meeting (PR-02) – Hold ETR meeting (PR-06) and Document – Has met all goals and objectives and needs no additional goals and objectives, or Reasons for dismissal (unwilling/unmotivated and efforts to address these factors have not been successful, extenuating circumstances such as dental/medical/social… (ASHA) is no longer a SWD (no longer adverse affect) If the district would like to record this fact on the last IEP, that is fine but is not required If the parent disagrees- provide PR-01 again “Parent does not agree with dismissal from speech and language service”

Speech Scenario Speech can either be a disability category or a related service. If the student is another disability category, speech becomes a related service. If the student would no longer qualify under what their primary category is (i.e. SLD) – they could then remain as a SWD and have Speech be their primary category of disability.

SWD Services As long as a child qualifies has having a disability (meets the definition and requires specially designed instruction) – the team determines what services the student will receive. OT/PT could be the only service needed

Move In’s

Move in – In-state Move in with current IEP:
You must give equivalent services that are stated on the IEP in the new district until: Accept previous IEP or Create a new IEP (BP use a PR-01 to document) Within reasonable time (no timeline in IDEA) (ODE typically defines reasonable as 2 weeks) Can amend/revise at any time along the way

Out of State ETR When a child moves into Ohio from another state, the school district must convene an IEP team and determine whether or not it will accept the child's out-of-state ETR: The district MAY ACCEPT the out- of- state ETR if it has all of the required components of an Ohio ETR and the district agrees with the conclusions of the ETR. If the district does accept the out-of-state ETR, it is,in effect, adopting the out-of-state ETR as its own. The next ETR the district completes for the child will be a reevaluation,, and will be completed on the timeline of the out-of-state ETR. If the out-of-state ETR has all of the required components of an Ohio ETR and the district agrees with the conclusions of the ETR EXCEPT FOR THE DISABILITY CATEGORY which is not one used by Ohio (e.g., significant developmental delay), the district must conduct an evaluation, even if it only consist of a records review. This evaluation will be considered an INITIAL EVALUATION.

Out of State Move in If the district does not accept the out-of-state ETR, The district must complete an evaluation. This evaluation will be an INITIAL EVALUATION (60 day timeline applies). Referral date= date the team started the process (not enroll date) – when team determines an eval is needed. While the district is completing this evaluation, it must provide the child with the supports and services described in the child's out-of-state IEP or provide the child with comparable services. The district will NOT create a new IEP until it completes its initial ETR.

Out of State – NO IEP New district must make reasonable attempts to get the IEP from the previous district If unable to obtain…new district does NOT have to provide services If no IEP and district suspects a disability, they can provide services (if parent agrees) while the evaluation is pending. Evaluation is an INITIAL – 60 day timeline applies

Out of District/Out of State
If a transfer ETR from previous LEA, and current LEA had no control – will get an NA on record review items: CF1 – completed within 3 years CF3 – provide interventions CF4 – planning include parent CF5 – use existing data CF6 – identify additional data if any CF7- addresses all areas of suspected disability CF8 – parent on the determination team CF9 – include a group of qualified people (initial) CF10 – include a group of qualified people (reevaluation)

Out of State – Parent Refuses Eval.
FAPE must be provided (including comparable services) If parent refuses consent for evaluation or fails to respond, the district may pursue due process/mediation Stay Put does not apply. Child would remain in general ed. because this is an INITIAL evaluation.

In Summary – Peeling Back the Layers of the ETR
Peel back the information to make meaningful decisions Peel back the layers to help the student access and make progress in the general curriculum Peel back the layers to plan better instruction and services/supports for the student’s increased achievement By peeling back the ETR you will find the Linkages: Suspected disability category is linked to the planning form, Planning Form is linked to the ETR, and ETR is linked to the IEP If the chain is broken – ODE will find it

Getting to the Task Force Site
Go to Click on Guest Login (top right corner) 3. Click on Regional Task Force/Pupil Personnel Director 4. User Name: taskforce1 Password: task123 5. In Compliance Folder

Disclaimer Per the Performance Agreement 2010-11
Documents, products and software developed with IDEA Part B funds must include the following disclaimer somewhere within the body of said documents, product and or software: There are no copyright restrictions on this document/product/software. However, please cite and credit the source when copying all or part of this document/product/software. This document/product/software was supported in whole or in part by the U.S. Department of Education, Office of Special Education Programs, (Award #Q27A090111A, CFDA A, awarded to the Ohio Department of Education). The opinions expressed herein do not necessarily reflect the policy or position of the U.S. Department of Education, Office of Special Education Programs, and no official endorsement by the Department should be inferred.

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Peeling Back the Layers to Create a Well-Written ETR

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