Kansas State Department of EducationUSD 389

EUREKA

Special Education Services

 

 

 

 

Documentation Manual of District Practices and Procedures

For Special Education

 

2008-2009 Template

 

 

 

 

 

Child Find/General Education Interventions and Evaluation/Eligibility

 

Aligned with Kansas Self Assessment Tool

for
SPP Indicators 9 & 10 - Disproportionate Representation

 

 

 

CHILD FIND

Identifying Practices

Sources for Documentation

References

 

 

Description of procedures used in public notification of special education services.

 

 

 

á       The district will publish the availability of special education services in the district.  Examples of pprepare public notices on an annual basis will be for print in the local newspaper,r and will continually be placed on the district website, or student handbooks. 

 

 

 

 

K.A.R. 91-40-7(d) Each board, at least annually, shall

 provide information to the public concerning the

availability of special education services for

exceptional children, including child find activities

conducted by the board.

 

 

 

The procedures and practices used with potential exceptionalities that are migrant and or homeless that are identified and referred for evaluation.

 

The procedure and practice used to ensure that students with potential exceptionalities are advancing grade to grade.

 

 

 

 

 

á       Annual meetings will be held with community organizations that are likely to interact with highly mobile populations.  The meetings will provide information and describe the process that parents and/or staff from that organization can use to assist parents in requesting additional support through special education servicesThe Director of Special Education or designee annually consults with each private school within the district to provide information about special education and related services available to students with disabilities. The director of special education will retain documentation of the annual meetings .

 

á       District staff are encouraged to help identify, locate, assist, and educating children from highly mobile populations (migrant, homeless)The director of special education will retain documentation of the annual meetings.  District staff if knowledgeable of special education services within the district. 

 

á       The following tools will be used to identify children with a disability who progress from grade to grade, such as hearing and vision screening, ongoing state & local assessment, office referrals, behavioral checklists, observations, etc.

 

K.A.R. 91-40-7(a) Each board shall adopt and  implement policies and procedures to identify, locate, and evaluate all children with exceptionalities residing in its jurisdiction, including children with exceptionalities who meet any of the following criteria:

 (1) Attend private schools; (2) are highly mobile, including migrant and homeless children; or (3) are suspected of being children with disabilities even though they are advancing from grade to grade.

 

 

 

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SCREENING

Identifying Practices

Sources for Documentation

References

 

The procedures used in the screening of children younger than school age to disclose any potential disability or development delays.

 

The procedure used to identify the existence of a potential exceptionality and a need for an initial evaluation of students kindergarten through age 21.tent

 

 

 

 

 

á            The district conducts annual screenings as needed of children younger than age five (5) at a community based site using a play based assessment routine.  This procedure also includes speech-language, cognitive, pre-academic, social/emotional and motor domainvision and hearing screenings.  Coordinating meetings with Part C are held annually in March to identify children being served by Part C that will need an initial evaluation under IDEA.  Part C providers will provide the early child special education staff a list of children receiving Part C services that will be turning age 3 within six months of the childŐs 3rd birthday.  All children who fail the screening will be immediately referred for an initial evaluation.

á             

 

 

á            Kindergarten through age 21 - List of particular observations, instruments, measures, and techniques and how you use them to disclose potential exceptionalitiesThe district conducts hearing and vision screening of all students.  The parents of any student who fails the screenings are notified of the results and provided recommended actions.

á           Currently the district uses a student improvement team (SIT) model to conduct individual student problem solving for students that exhibit academic and/or behavioral needs.  Using data from general education settings/environments the team conducts problem solving to select interventions, accommodations and modifications to provide the necessary support so the student can be successful within the general education setting.  Through using data from SIT, if the team suspects the student as having exceptionality a referral for initial evaluation is made.

 

á            The district is in the first stage of planning the use of a Multi-Tier System of Support (MTSS) model to conduct general education interventions. Based on universal screening data, any student that is not making anticipated progress will receive additional support through small group instruction based upon the students needs.  If the need for additional intervention is indicated by progress monitoring data, then an individual student problem solving team will analyze the data and recommend more intensive interventions.  Based upon further progress monitoring data, if the individual student problem solving team begins to suspect the presence of exceptionality then the team will refer the student for an initial evaluation.

 

K.A.R. 91-40-7(b) Each boardŐs policies and procedures under this regulation shall include age appropriate screening procedures that meet the following requirements: 

(1) For children younger than five years of age, observations, instruments, measures, and techniques that disclose any potential disabilities or developmental delays that indicate a need for evaluation, including hearing and vision screening;

(2) for children from ages five through 21, observations, instruments, measures, and techniques that disclose any potential exceptionality and indicate a need for evaluation, including hearing and vision screening as required by state law; and

(3) implementation of procedures ensuring the early identification and assessment of disabilities in children.

 

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GENERAL EDUCATION INTERVENTIONS (GEI/REFERRAL)

Identifying Practices

Sources for Documentation

References

How are referrals for an initial evaluation made?  Who can make a referral?  Who receives referral requests?  How are referrals documented?  If the district uses MTSS to deliver general education interventions, how is the parent informed of this process? 

 

What are the district referral practices for data-based documentation indicating that general education interventions and strategies would be inadequate to address the areas of concern for the child?

 

What are the district referral practices for data-based documentation indicating that all of the following conditions were met:

 

--child was provided appropriate instruction in regular education setting delivered by qualified personnel,

--childŐs academic achievement was repeatedly assessed at reasonable intervals that reflected formal assessment of the studentŐs progress during instruction,

--assessment results were provided, and

--assessment results indicate that an evaluation is appropriate?

 

What are the district practices for receiving and responding to parent requests for evaluation? Describe the process for determining whether or not the district will refer for evaluation.  Describe the practices in place when the district denies a parentŐs request to evaluate.The procedures and practices used in USD 389 to determine when referral for initial evaluation is needed.   

á       Guidelines, flow charts, guidance documents, procedure checklists, templates, staff development tools, or descriptions of how you determine when it is appropriate to refer an enrolled student for an initial evaluation:The district requires data-based documentation that demonstrates an evaluation be necessary.  In situations when extensive data-based documentation exists that demonstrates the student has needs beyond what is available in general education it is appropriate to make a referral for initial evaluation without conductiing general education interventions to not delay appropriate special education services.

 

á       For students that have been within the district general education intervention process, data-based documentation indicating a need for referral is provided to the school psychologist. Student specific documentation includes; documentation showing the student was provided appropriate instruction in regular educations settings delivered by qualified personnel; the results of frequent progress monitoring assessments that reflect the impact of the intervention; evidence as to how intervention results were shared with the studentŐs parent(s); and the completed referral form for initial evaluation, including the progress monitoring data, is provided to the school psychologist.

 

á       Any request by a parent for an initial evaluation of their child will be directed to the school psychologist.  The building principal/school psychologist informs parent(s) that the request needs to be made in writing.  In addition, the principal or school district staff informs the parent of the general education intervention process used in the building to determine the supports required by individual students to meet their academic and behavioral needs.  In situations where the parents insist the initial evaluation begin immediately and the school agrees the general intervention process will be conducted concurrently with the initial evaluation in order to provide information needed in the eligibility determination process.    

 

á       For students that transfer into the district after an initial evaluation has begun in the previous district, the studentŐs prior school will be contacted as soon as possible to obtain completed assessment information to aid in the prompt completion of the evaluation.

 

á       At the time of referral for initial evaluation, the school psychologist will provide the parents with a copy of the Procedural Safeguards.

If GEI would be inadequate to address areas of concern, lists or examples of the data-based documentation used to rule out general education interventions and strategies

 

If a childŐs assessments indicate an evaluation is needed:

--evidence of the process your district uses to implement GEI such as brochures, student handbook sections, annual child find notice

--documentation that appropriate regular education instruction (core curriculum materials used, professional development provided, instructional practices implemented) and qualified personnel were provided (Highly Qualified & appropriate KS certification)

--list of assessments used to monitor progress during regular education instruction, at what intervals, administered by whom and shared with parents how

--description of who determines whether or not there is a need for evaluation and what specific criteria are used to make that determination    

 

Parent request for evaluation:

--general documentation of how the district receives and responds to parent evaluation requests

--forms and procedures for providing parent rights notice

--documentation of who gathers information on the student

--list of what information is considered in deciding whether or not to refer for an evaluation

--evidence of board consensus process used

--examples of communication/correspondence employed   

 

 

 

K.A.R. 91-40-7(c) Any board may refer a child who is enrolled in public school for an evaluation if one of the following conditions is met:

 (1) School personnel have data-based documentation indicating that general education interventions and strategies would be inadequate to address the areas of concern for the child.

 (2) School personnel have data-based documentation indicating that before the referral or as a part of the referral, all of the

following conditions were met:  (A) The child was provided with appropriate instruction in regular education settings that was delivered by qualified personnel.   (B) The childŐs academic achievement was repeatedly assessed at reasonable intervals that reflected formal assessment of the studentŐs progress during instruction.   (C) The assessment results were provided to the childŐs parent or parents.   (D) The assessment results indicate that an evaluation is appropriate.

 (3) The parent of the child requests and gives written consent for, an evaluation of the child, and the board agrees that an evaluation of the child is appropriate.

 

K.A.R. 91-40-26(d)(1) The agency shall be required to provide a parent with a copy of the procedural safeguards available to parents only one time during each school year, except that a copy shall also be provided to the parent in the following circumstances:  (1) Upon initial referral of the child for an evaluation or upon parental request for an evaluation;

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EVALUATION

Identifying Practices

Sources for Documentation

References

 

 

 

 

 

 

 

 

 

 

 

Who is responsible for providing prior written notice to parents?  How do you ensure that notice contains the necessary components?  How is parent consent obtained and documented?  

 

What specific assessment tools and strategies are used to gather functional information?  Developmental information? Academic information?  Parent information?  Classroom-based information and observation?

 

What documentation is used to ensure that a single assessment does not determine exceptionality or appropriate programming?

 

How do you ensure reliable instruments designed to assess the relative contribution of cognitive, behavioral, physical, or developmental factors?  The procedures used in providing parents notice of an initial evaluation and obtaining informed parental consent.

 

 

 

 

á       Parents will be provided the Prior Written Notice form describing the proposed initial evaluation and asked to provide consent for the school to conduct the initial evaluation.

á        

á       In conducting all evaluations a variety of age and culturally appropriate assessment tools will be used to ensure that the child is appropriately assessed in all areas of suspected exceptionality.  These assessment procedures will provide academic, developmental and functional data that assist in determine eligibility and IEP development.  No single assessment will be used to make eligibility determinations.  All instructions are technical sound and administered by appropriately trained staff in accordance with instructions provided by the test publisher.  They are provided and administered in the language and form most likely to yield accurate information on what the child knows and is able to do academically, developmentally and functionally, unless it is not feasible to provide or administer.

á       Copy of parent notice for evaluation; parent consent documentation

á           List or other documentation of those tools your district uses for evaluation and how those tools provide functional, developmental, and academic information that assists in determining eligibility and IEP development 

á       Communication or forms used to gather parent input for the evaluation

á       Communications or forms used to conduct classroom-based observations

á       Evidence that a single assessment is not used to determine exceptionality, possibly evaluation report forms or evaluation procedure documents

 

 

K.S.A. 72-986(b) An agency shall provide notice to the parents of a child that describes any evaluation procedures such agency proposes to conduct. In conducting the evaluation, the agency shall:
(1) Use a variety of assessment tools and strategies to gather relevant functional, developmental and academic information, including information provided by the parent, that may assist in determining whether the child is an exceptional child and the content of the childŐs individualized education program, including information related to enabling the child to be involved, and progress, in the general education curriculum or, for preschool children, to participate in appropriate activities;

(2) not use any single measure or assessment as the sole criterion for determining whether a child is an exceptional child or determining an appropriate educational program for the child;

(3) use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors; and

(4) in determining whether a child has a specific learning disability, not be required to take into consideration whether the child has a severe discrepancy between achievement and intellectual ability, and may use a process that determines if the child responds to scientific, research-based intervention as part of the childŐs evaluation.

 

 

What criteria are used to select instruments or materials?  How do you know the instruments are free of racial or cultural bias and are valid and reliable for the specific purpose used?   Do you have test publisher documentation as to the validity and reliability of instruments used?  

 

Who administers assessments during evaluation and how do you document or verify that they are trained and knowledgeable personnel?  How do you ensure test administration fidelity? 

 

How are native language needs of the student and parents provided for during the evaluation process? What criteria do you use to determine native language assessments and materials are not feasible? 

 

 

 

á       The evaluation team acts as the team determining eligibility.  If the child is likely to be found eligible based on the evaluation data, the mandated participants for an individual education program will be invented to attend the eligibility meeting.  Parents are mandated members of the IEP team.  The child must meet eligibility criteria and demonstrate a need for special education and/or related services.  In making the eligibility determination, the team must consider exclusionary factors including the lack of instruction in the essential components of reading, lack of instruction in the essential components of math and limited English proficiency.  Once the team has determined eligibility for services an eligibility report to document the determination of eligibility is written.  The school psychologist will coordinate the eligibility report.

 

á       Common practice is to conduct the eligibility and IEP meeting concurrently.  Data from the evauation is used in completing the Present Levels of Academic Achievement and Functional Performance (PLAAF) on the IEP.  Goals and objectives are derived from the information in the PLAAF.  The types and levels of service, related services, supplemental services, and program modifications are determined from evaluation data.  The team completes a draft IEP that constitutes the offer of a (Free Appropriate Public Education) FAPE for the child found eligible and in need.  The parent then consents or rejects the offer of FAPE made during the IEP meeting.  If the parent consents the IEP is implemented immediately.  If the IEP is rejected the team negotiates acceptable changes or one or both parties may pursue administrative remedies to the disagreement.  Administrative remedies include mediation and due process.  The school psychologist conducting the evaluation will provide the parent with information needed to access mediation or due process.

á       Description or documentation of instruments used and the collection of evidence to show that validity, reliability, administration fidelity, and administrator requirements are being met  

 

Attach the analysis, forms, or reasoning used for determining whether native language assessment and materials are to be used, including the specific criteria for Ňnot feasibleÓ 

 

 

 

K.S.A. 72-986(c)(1) Assessments and other evaluation materials used to assess a child under this section:

(A) Are selected and administered so as not to be discriminatory on a racial or cultural basis;

(B) are provided and administered in the language and form most likely to yield accurate information on what the child knows and is able to do academically, developmentally and functionally, unless it is not feasible to so provide or administer;

(C) are valid and reliable for the specific purpose for which they are used;

(D) are administered by trained and knowledgeable personnel; and

(E) are administered in accordance with instructions provided by the producer of such tests;

 

 

How is the data gathered during screening shared with and used by the evaluation team to make a determination and address the content of the IEP?  

 

Practices for using evaluation information to determine educational needs

Description of the practices employed to coordinate evaluations with other districts upon receipt of student

 

K.S.A. 72-986(c)(3) assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the child are provided;

 

K.S.A. 72-986(c)(4) the assessments of any child who transfers from another agency during the school year are coordinated with the childŐs prior school, as necessary and as expeditiously as possible, to ensure prompt completion of an evaluation begun by the prior school.

 

 

 

How do you ensure a comprehensive evaluation in all areas related to a suspected exceptionality? 

 

If a child is suspected of being a child with a learning disability, how do you ensure appropriate evaluation procedures are followed?

 

 

 

Description of practices or samples of evaluation materials used that reflect comprehensive evaluations/all areas of suspected exceptionalities

 

Documentation or descriptions with particular reference to those materials or practices used in the case of a suspected learning disability

 

 

K.A.R. 91-40-9 (b)(1) Each child shall be assessed in all areas related to a suspected exceptionality, including, if appropriate, health, vision, hearing, social/emotional status, general intelligence, academic performance, communicative status, and motor abilities.

 

K.A.R. 91-40-9(c) If a child is suspected of having a specific learning disability, the agency also shall follow the procedures prescribed in K.A.R. 91-40-11 in conducting the evaluation of the child. 

 

 

 

 

 

 

 

 

 

 

 

 

 

How do you conduct a review of existing evaluation data, including a determination if additional evaluation data is needed? 

 

 

 

 

 

 

 

 

 

 

 

 

 

Description or documentation of how existing evaluation data is considered and how additional needs for data are handled 

 

 

 

K.A.R. 91-40-8(c) As a part of an initial evaluation, if appropriate, and as a part of any reevaluation, each agency shall ensure that members of an appropriate IEP team for the child and other qualified professionals, as appropriate, comply with the following requirements:  (1) The evaluation team shall review existing evaluation data on the child, including the following information:  (A) Evaluations and information provided by the parent or parents of the child; (B) current classroom-based, local, and state assessments and classroom-based observations; and (C) observations by teachers and related service providers. 

     (2) On the basis of that review and input from the childŐs parent or parents, the evaluation team shall identify what additional data, if any, is needed to determine the following matters:  (A) Whether the child has a particular category of exceptionality or, in the case of a reevaluation of a child, whether the child continues to have such an exceptionality; (B) what the present levels of academic achievement and educational and related developmental needs of the child are; (C) whether the child needs special education and related services, or in the case of a reevaluation of a child, whether the child continues to need special education and related services; and (D) whether, in the case of a reevaluation of the child, any additions or modifications to the special education and related services currently being provided to the child are needed to enable the child to meet the measurable annual goals set out in the IEP of the child and to participate, as appropriate, in the general education curriculum.

  (d) The team described in subsection (c) may conduct its review without a meeting.

  (e) (1) If the team described in subsection (c) determines that additional data is required to make any of the determinations specified in paragraph (2) of subsection (c), the agency, after giving proper written notice to the parent and obtaining parental consent, shall administer those tests and evaluations that are appropriate to produce the needed data.

     (2) If the team described in subsection (c) determines that no additional data is needed to make any of the determinations specified in paragraph (2) of subsection (c), the agency shall give written notice to the childŐs parent of the following information: (A) The determination that no additional data is needed and the reasons for this determination; and (B) The right of the parent to request an assessment. (3) The agency shall not be required to conduct any additional assessments unless requested to do so by a parent.

 

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ELIGIBILITY

Identifying Practices

Sources for Documentation

References

 

 

 

 

 

 

 

How do you determine whether a child is an exceptional child?  How do you ensure that parent input is considered? 

 

What tools do you use to ensure the 60-day evaluation timeline is met? 

 

What specific information does your evaluation report include? Who is responsible for the evaluation report? 

 

How do you ensure a copy of the evaluation report is provided to parent (at no cost to the parent)? 

 

 

 

 

 

 

 

 

 

Sample report templates and other implementation tools that demonstrate compliance with evaluation report content requirements

Evidence of timeliness of evaluation reports or practices used to ensure timeliness of the evaluation/eligibility proces

 

 

K.A.R. 91-40-10(d) Each evaluation team, in determining whether a child is an exceptional child and what the educational needs of the child are, shall meet the following requirements:

  (1) The evaluation team shall draw upon information from a variety of sources, including the following: (A) Aptitude and achievement tests; (B) parent input; (C) teacher recommendations; (D) physical condition; (E) social or cultural background; and (F) adaptive behavior.

  (2) The evaluation team shall ensure that the information obtained from all of the sources specified in paragraph (1) of this subsection is documented and considered.

 

 

K.S.A. 72-986(e) Upon completion of the administration of assessments and other evaluation materials:

(1) The determination of whether the child is an exceptional child shall be made by a team of qualified professionals and the parent of the child in accordance with this section; and

(2) a copy of the evaluation report and the documentation of determination of eligibility shall be given to the parent.

 

Also consider evaluation 60 day timeline requirements at (KAR 91-40-8(f) and the evaluation report content requirement regulations KAR 91-40-10(a), (e), (f).

 

 

 

How do you ensure that appropriate instruction has been provided (or, that lack thereof is not a determinant factor for eligibility?   

 

 

Documentation of research-based math and reading (including essential components) materials used and tied to state standards

Research-based PD provided to staff delivering instruction

Other evidence of appropriate instructional practices provided to students

 

 

K.S.A. 72-986(f) In making a determination of eligibility under this section, a child shall not be determined to be an exceptional child if the determinant factor for such determination is lack of instruction in reading, including instruction using the essential components of reading instruction, math or limited English proficiency.

 

 

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