1. 1 Newark Public Schools Office of Special Education’s Professional Development Center Dr. Clifford Janey, Superintendent Dr. Don Marinaro, Assistant Superintendent OUR GOAL IS BEST PRACTICES IN NEWARK’S SPECIAL EDUCATION PROGRAMS Professional Development Center For Code & Procedure Questions call: Mitchel Gerry (973-733- 6959) Mary Hart (973-792-6506) Sakinah Springs (973-792-6059) Sandy Bruno (973-792 -6006 ) For Technology Questions emaill Joe Fonseca

2. 2 This Presentation will focus on the Process involved in Special Education Referrals through to Eligibility and Placement while meeting the Code Mandated Timelines

3. 3 Topics to be Covered in this Presentation: Special Education ReferralsIdentification Meetings Legal-Mandated TimeframesDisabling Conditions ProgramsPlacements

4. 4 When Should Students be Classified & Placed in Special Education Programs? Only when a student meets the criteria for one of the 14 disabling conditions specified in state and federal regulations are they eligible to be classified and placed in special education programs! The need for extra help or the inability of general education interventions to meet a student’s education needs are not sufficient reasons to classify students and place them in special education programs!

5. Code Mandated Timelines  Before every meeting a parent must be given written notice 15 days before the meeting at least three times  After every meeting a parent always has 15 days to consider giving their consent  Referral to ID meeting is 20 calendar days  Consent to placement is 90 calendar days including holding the Eligibility and IEP meetings 5

6. 6 When Should Students be Referred for Special Education Evaluations? When general education interventions, classroom strategies, curriculum modifications, I & RS /504 school interventions including counseling, tutoring, teacher interventions including counseling, tutoring, teacher coaches, and accommodations have been tried, documented and shown to be unsuccessful

7. 7 How Can a Student be Referred for a Special Education Evaluation? There are two ways a student can be referred for a special education evaluation: 1. A staff member can completely fill out the appropriate referral form 2. A parent and/or agency concerned with the welfare of children can refer students directly for a special education evaluation

8. 8 What Happens After a Special Education Referral is Made? The complete child study team must convene an “identification meeting” with the parent(s) & the student’s teacher within 20 calendar days of the completed referral The school nurse must submit all medical information to the child study team

9. 9 What Happens at the Identification Meeting?  Participants review all available data (e.g. cumulative record, medical report, standardized test scores, current work samples, documented interventions etc.) If the decision is to evaluate the student, the types of evaluations that If the decision is to evaluate the student, the types of evaluations that are required must be delineated on the “notice” form & the parent are required must be delineated on the “notice” form & the parent must give written consent must give written consent If the decision is not to evaluate the student, the reasons why & recommendations must be specified on the “notice” form. If the decision is not to evaluate the student, the reasons why & recommendations must be specified on the “notice” form.  Decide whether the student is suspected on meeting the criteria for one of the 14 disabling conditions delineated in the code and should be evaluated

10. 10 Within 90 days Within 90 days  All evaluations must be completed  Reports written and sent to parents 10 days before eligibility meeting  The eligibility decision is made and if eligible  The IEP must be developed and implemented through placement What Happens Next ?

11. 11 What Happens at the Eligibility Meeting? Only students who have one the 14 disabling conditions listed in the code can be classified Eligible for Special education and related services. The case manager, at least one CST member who evaluated the student, the current teacher, and the parent must decide whether to classify the student There are only two classifications in New Jersey: 1. Eligible for Special Education and Related Services 2. Eligible for Speech-Language Services

12. 12 What are the 14 Disabling Conditions that can result in a Student being Classified? Auditorily Impaired Autistic Cognitively Impaired Communication Impaired Emotionally Disturbed Multiply Disabled Other Health Impaired Orthopedically Impaired Preschool Child with a Disability Social Maladjustment Specific Learning Disability Traumatic Brain Injury Visually Impaired Deaf/Blindness

13. 13 What Dictates a Student’s Special Education Program/Placement? Students are placed in special education programs/placements according to their educational needs The student’s disabling condition does not dictate the type of program/placement Students with a variety of disabilities can be placed in the same program/placement

14. 14 After a Student is Classified, When & Where will they be Placed? Placements The IEP team: case manager, general education teacher, special education teacher, the parent(s) & the student (if appropriate) meets to develop an IEP The IEP delineates all services and supports the classified student needs, including the special education program – LRE mandates that student’s receive services in the least restrictive environment Once the IEP is developed the case manager contacts their Regional and/or Office of Special Education’s Placement Officer for an appropriate placement.

15. 15 What Happens if the Parent Refuses the Program/Placement? Parental Refusal The U.S. Department of Education has ruled that a parent can not be brought to a due process hearing to force a special education placement if the parent refuses to sign consent to implement the initial IEP Parental Refusal form can only be used at the time of the initial IEP

16. 16 IEP Teams Should Capitalize on NCLB, IDEA, & Corresponding Code- Mandates, as well as NPS’s Priority to Increase Programs & Placements in Neighborhood Schools! Least Restrictive Environment (LRE) ● Neighborhood schools are responsible for all their special needs students’ test scores ● State data supports the idea that special needs students do better on state tests when they are educated in the gen ed classroom ● Students have the right to be educated with their nondisabled peers in their neighborhood schools ● Only students with severe or unique needs should be placed in programs outside of their neighborhood school

17. 17 First consideration, by federal and state law, must always be given to placing a special needs student within a general class Least Restrictive Environment (LRE) ● General education with supplementary aids and services: school programs such as Read 180, Reading Recovery, tutoring, counseling, classroom aide, modifications - staff does not have to be certified in special education ● Resource – In class support: can be delivered with a variety of in-class model support teacher needs to be certified in special education

18. The Continuum to More Restrictive Placements ● Resource Center: pull out replacement / support ● Self-Contained Classes: auditory, autism, behavioral disabilities, cognitive (mild/ moderate/ severe), learning/ language disabilities (mild-moderate / severe), multiple disabilities, preschool disabilities, visual impairements ● Out of District Placement ● Residential Placement ● Home Instruction

19. 19 Once a Location is Found for the Student to Receive a Special Education Program & Services, When Does he/she Start Attending? Placement Location The parent and school must receive a placement letter from the Office of Special Education before the student can be enrolled in the special education program If the student requires transportation to get to the special education program it must be arranged at the time placement is made

20. 20 Summary of the Process if Evaluations & Placement are Warranted 5. All evaluations must be completed 7. Parents have 15 days to consider that decision 1. Documented general education interventions; 8. An IEP is developed 6. Eligibility meeting to determine if student is classifiable 2. Referral to CST by staff or parents 3. Within 20 days of the completed referral, an ID meeting must occur. 4. Parents have 15 days to consider that decision 9. Parents have 15 days to consider that decision 10. Placement letter must arrive and transportation arranged.