ARC Chairperson Training 1 2 Agenda Introduction Overview

ARC Chairperson Training 1

2 Agenda • Introduction ▫ Overview of Laws ▫ ARC Membership ▫ ARC Chairperson Responsibilities • Interventions • Evaluation and Eligibility • Placement and LRE • Post-Secondary Transition

3 Overview of Laws Individuals with Disabilities Education Improvement Act (IDEIA) Every Student Succeeds Act (ESSA) Americans with Disabilities Act (ADA) Section 504 of the Rehabilitation Act The Family Educational Rights and Privacy Act

4 Legal Background • Federal Law- Individuals with Disabilities Education Improvement Act (IDEIA 2004) • State Law-Kentucky Administrative Regulations Related to Exceptional Children (2008) • Local-School District Special Education Policies/Procedures (updated annually)

5 IDEIA Individuals with Disabilities Education Improvement Act (2004) • Federal Education Law • Qualify for at least 1 of 13 federal disabilities AND • MUST need specialized support & instruction to benefit from education (Adverse affect).

7 Free Appropriate Public Education (FAPE) Specially designed instruction & related services: • Provided at public expense • Under public supervision & direction • Provided in accordance with IEP

8 Free Appropriate Public Education (FAPE) • Evaluation/reevaluation • Access to general curriculum • Participation with nondisabled peers ▫ Academic, nonacademic, & extracurricular • Ages 3 -21

9 Child Find System Activities to locate, identify, & evaluate a child: ▫ Ages 3 to 21 years old ▫ Resides in a home, facility, or residence in district ▫ Attends a private school located in district ▫ Either in or out of school ▫ May need special education and related services

10 ARC Responsibilities • Act on Referral • Conduct Evaluation • Determine • Implement/Monitor IEP ▫ Need to Evaluate • Annual Review ▫ Eligibility • Reevaluation ▫ Placement • Transition Planning • Obtain consent: ▫ to Evaluate ▫ for Services • Determine LRE • Develop, Review, or Revise IEP

11 ADMISSIONS AND RELEASE COMMITTEE All decisions are: ▫ based upon evaluation & progress data ▫ consensus of members ▫ documented in writing

12 Required Members • ARC Chairperson/LEA Representative • Regular education teacher • Special education teacher All those invited MUST be checked on the Meeting Notice

13 Other Members • Parent ▫ invited and encouraged to attend • Student, if appropriate ▫ always invited once 14 or in 8 th grade • An individual who can interpret the instructional implications of evaluation results

14 Other Members • Related Service Provider ▫ Speech Language Pathologist ▫ Occupational Therapist ▫ Physical Therapist • Community Agency Representative ▫ Mental Health Agency ▫ Voc. Rehab ▫ Impact

15 ARC Chair • The ARC chair is The Local Education Agency (LEA) Representative • The LEA Representative must be: ▫ Knowledgeable about general curriculum ▫ Qualified to provide or supervise the provision of specially designed instruction ▫ Able to commit personnel and fiscal resources needed to implement the IEP

16 Procedural Safeguards Notice (Parents’ Rights) • Given to parent one time per year & upon: ▫ initial referral or parent request for eval; ▫ receipt of first state written complaint; ▫ receipt of first filing of a due process hearing in a school year; ▫ accordance with discipline procedures in which decision made to remove student, which constitutes change in placement because of violation of code of student conduct; and ▫ parent request

17 Interventions

18 1997 Special Education Regulations …providing incentives for whole-school approaches and pre-referral intervention to reduce the need to label children as disabled in order to address their learning needs 21 Years

19 707 KAR 1: 300 Section 3. Referral System (2) …ensuring that each child has been provided appropriate instruction and intervention services prior to referral. (3) The LEA shall ensure that: (a) Prior to, or as a part of the referral process , the child is provided appropriate, relevant research-based instruction and intervention services in regular education settings , with the instruction provided by qualified personnel; and

20 707 KAR 1: 300 Section 3. Referral System (b) Data-based documentation of repeated assessments of achievement or measures of behavior is collected and evaluated at reasonable intervals , reflecting systematic assessment of student progress during instruction, the results of which were provided to the child’s parents.

21 Interventions can be… PROGRAMS • Focused on a specific skill deficit determined by a diagnostic assessment • Evidenced-based and proven to work when implemented with fidelity • Provided by qualified person LEARNING STRATEGIES • Evidence-based and proven to work when implemented with fidelity • Must be implemented with fidelity specific to the strategy being used (not all strategies require the same intensity and/or duration)

23 Data Collection Schedule • The effectiveness of services and instructional method is determined most efficiently when progress is measured frequently. If Progress is Monitored Then Effectiveness May Daily, as part of instruction Be determined within 2 weeks Twice a week Be determined within a month Weekly Be determined within a quarter (~9 weeks) Quarterly Not be determined, even after a year An Administrator’s Guide to Measuring Achievement for Students with IEPs

24 Progress Monitoring Reasonable Intervals ➢ Collection and comparison of data points to evaluate effectiveness of intervention and student progress ➢ If performance is consistently around goal line, continue intervention. ➢ If at any time multiple data points fall below the goal line, change or modify the intervention

26 Decisions are based on…

27 Evaluation and Eligibility Evaluation

28 707 KAR 1: 300 Section 4 (1) An LEA shall ensure that a full and individual evaluation is conducted for each child considered for specially designed instruction and related services prior to the provision of the services

29 707 KAR 1: 310 Section 1 (4) An LEA shall ensure that information obtained from these sources as appropriate for each student , is • documented , and • carefully considered.

30 Initial Evaluation • If suspect a disability, develop evaluation plan • Obtain consent to evaluate • Note when 60 school days will occur

31 Evaluation ▫ A process of gathering information about the child’s educational needs and abilities through individual tests, review of school work, and school records, behavioral observations, interviews, and rating scales

32 Evaluation Planning/KY Consent The ARC identified a suspected disability and planned an appropriate evaluation as documented on an Evaluation Plan and/or Consent for Evaluation Services… • A review, triangulation and analysis of the referral information (for initial evaluation) OR progress data of the child (for reevaluation); AND • the information was sufficient to support a suspected disability; AND • the tests and procedures necessary to assess the child.

34 ARC reviews all data: • Multi-Disciplinary Evaluation Report, • Evaluation Report(s)/Diagnostic Instruments, • Behavior Observations, • Social Developmental History, • Adaptive Behavior Assessments, • Rating Scales, • Classroom-based observations, etc…)

35 • KDE’s Division of Learning Services (DLS) position is that behavior observations are required as part of the evaluation for every category of suspected disability. - DLS Policy Letter, August 2010

36 Observations The requirement for observations as part of the evaluation process is found in two sections of KY’s IDEA regulations: • 707 KAR 1: 300, Section 4(14)(b) and (c) • 707 KAR 1: 310, Section 1(3)

37 707 KAR 1: 300 Section 14(b)(c) • As part of an initial evaluation, if appropriate, or as part of any reevaluation, the ARC and other qualified professionals shall review existing evaluation data on the child including: (b) current classroom-based, local, or state assessments and classroom observations; and (c) observations by teachers and related service providers

38 Types of Observations Informal Observations • Observations occur during the evaluation planning process (Rt. I data, classroom assessments and work samples, anecdotal notes, teacher input) Formal Observations • Observations occur at a more formal level during the evaluation process as a source to help determine eligibility of services (planned for by the ARC and consent given by parent)

40 Observations also play a key role in answering the question of whether the disability has an adverse effect on the student’s educational progress

41 For reevaluation purposes, classroom-based observations include: a. A combination of at least two forms of current informal teacher observations such as progress monitoring data, anecdotal notes, or documented teacher input b. At least two formal teacher observations; or c. A combination of both a and b.

42 SLD Observations • As part of initial evaluations or reevaluations for SLD eligibility, at least 1 formal observation must be conducted • If there are multiple suspected areas for SLD, at least one formal observation must occur in each area

43 Parent Input. . ARC reviews and discusses evaluation and information brought by the parent(s) or completed by the parent(s).

44 Method for Determining Eligibility for Specific Learning Disability The Admissions and Release Committee must decide at the evaluation planning stage if they intend to use: ▫ the Response to Intervention (Rt. I) or ▫ the Significant Discrepancy Method *Based on district policies and procedures

45 Evaluation Results • Each ARC member has access to the evaluation results prior to the meeting. • The ARC reviews the integrated report to ascertain if all evaluations requested are included. • The ARC reviews the evaluation data and the specific criterion for the suspected disability on the eligibility form.

46 Reevaluation ▫ Re-determining eligibility based on a new evaluation of the child at least every three years

47 Why Reevaluate? • Continuation of the disability • Disability continues to have an adverse effect on the student's educational performance • Continue to need special education services

48 Reevaluation Plan • Conducted every three years (3 yr. anniversary) • Planned by the ARC in conformity with KAR 1: 300, child find, evaluation, and reevaluation regulations • Requires informed written parental consent

49 Reevaluation The LEA shall not have to conduct a reevaluation if after review of the existing data, the ARC determines that a reevaluation is not necessary to determine: • Whether the child continues to be eligible for services, • Not warranted to determine the education or related service needs, and • The parents or teacher do not request a reevaluation

50 Reevaluation ARC decides: What assessments, if any, are required for the reevaluation Note: Parent always has the right to request a reevaluation.

51 Existing Data is Sufficient Parent will be provided prior written notice of ARC decision that includes: • the reason it was decided that there is sufficient existing data; • there is no need for additional data; and • that the parent has the right to request an assessment.

53 Evaluation before Exiting • Reevaluation shall not be required before the termination of a child’s eligibility due to graduation with a regular diploma, or exceeding the age of eligibility • Reevaluation is required before determination that the student no longer needs special education • Reevaluation is required if the district exits the student with an Alternate Diploma prior to his/her 21 st birthday

54

55 Transfer Students If a child with a disability, transfers between school districts within the same academic year within Kentucky and had an IEP in effect, • the child shall be provided a free and appropriate public education(FAPE), including services comparable to those described in the previous IEP. • These services shall be provided in consultation with the parents and until the LEA adopts the previous IEP or develops and implements a new IEP.

56 Transfer Students in Evaluation Process Evaluations and assessments of children with disabilities that transfer from one district to another in the same academic year shall be coordinated with the previous and current schools as necessary and as expeditiously as possible to ensure prompt completion of a full evaluation.

57 Out of State Transfer Students If a child with a disability transfers between school districts within the same academic year from outside the state and had an IEP in effect in another state, • the child shall be provided FAPE comparable to that described in the IEP until the LEA conducts an evaluation if determined necessary, • and develops, adopts, and implements a new IEP, If the child meets the eligibility criteria as defined in 707 KAR 1: 280

58 Out of State Transfer Students • If a student enrolls in a KY district with a current IEP, the district must implement that IEP to the maximum extent possible • KY eligibility must be determined. The ARC must review all documentation to determine what evaluation information must be gathered

59 Regulations: Child With a Disability A child with a disability is defined as a child who, after appropriate evaluation, meets the criteria for one of the thirteen disabilities of IDEA

60 Regulations: Child with a Disability • • • • Autism Deaf-Blindness Developmental Delay Emotional-Behavior Disability Hearing impairment Mental Disability (mild, moderate) Multiple Disabilities Orthopedic Impairment Other Health Impairment Specific Learning Disability Speech or Language Impairment Traumatic Brain Injury Visual Impairment

61 Activity Answers 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Speech or Language Impairment Functional Mental Disability Emotional-Behavioral Disability Multiple Disability Traumatic Brain Injury Autism Visual Impairment Mild Mental Disability Other Health Impairment Deaf-Blindness Specific Learning Disability Developmental Delay Orthopedic Impairment Hearing Impairment

62 Adverse Effect Means that the progress of the child is impeded by the disability to the extent that the educational performance is significantly and consistently below the level of similar age peers. 707 KAR 1: 280 Section 1 (2)

63 Adverse Effect The important concepts within the definition are: • Progress is impeded by the disability • Educational performance is below similar age peers, both -Significantly and -Consistently

64 Affected Areas May Include: • social interaction • behavior • emotional development • academic performance • vocational performance • participation in classroom activities and discussions

3 Prongs to Special Education Eligibility 65 3. Requires SDI 1. Verified Disability 2. Document Adverse Effect

66 IEP Individual Education Plan (IEP)

What is an (IEP) Individualized Education Program? • Required for every student with an identified disability • Refers to both the educational program and the actual document • Developed by the Admissions and Release Committee

68

Who Develops the IEP? Parents of the child with a disability are vital members of the IEP team, with an expertise to contribute like no one else’s. Special Education Teachers Special educator, with knowledge of how to educate children with disabilities, are obviously a very important part of a child’s IEP team. Related Services Providers Either the parent or the school system may invite others to join the team, if they have knowledge or special expertise about the child. This can include related service providers. ARC Chairperson The IEP team must also include a representative of the school system, who has the authority to commit agency resources. The IEP Team (called the ARC in Kentucky) Students (when appropriate) Of course, the student with a disability might have something to say about his or her own education! General Ed. Teachers Regular educator, with knowledge of grade-level curriculum to provide access and progress in the general curriculum is an important team member Evaluation Specialist can interpret the child’s evaluation results and discuss what they mean in terms of instruction.

Student progress monitoring shows growth of IEP goals How do we know if the ARC is developing and implementing an IEP that guides student outcomes? Compliance Record Review Document shows that all components are developed appropriately Student is College and Career Ready Student growth measured by school, district and state assessment

How to complete Present Levels of Academic Achievement and Functional Performance documentation? Using KAS/KYECS 1. Identify the student's grade level standard Using Student Performance Data 2. Determine the student's current educational performance using student performance and baseline data a. academic performance b. functional performance For Each Present Level Area 3. Check "Performance commensurate with similar age peers" if performing within the peer range 4. Describe: a. relative strengths, b. needs or concerns, c. baseline performance for each need or concern Using the Present Level Statements 5. Describe how the student's performance affects involvement and progress in the general curriculum

Key Points of Definition 72 Initial IEP Baseline Data Sources • Describes the student’s current performance of a skill or strategy • Response to Intervention Data • Measurable terms • Classroom-based assessments • Work samples • Starting point for IEP instruction ● Classroom observations Baseline Performance Annual Review Baseline Data Sources • • • IEP Progress Monitoring Data Work samples Classroom-based assessments Non-examples of Baseline Data Sources • IQ Scores • Standard scores of achievement • Doctor’s Diagnosis

Measurable Annual Goals focus on bridging the gap from where the student is (baseline in present levels) to where the student needs to be (goal) relative to identified KAS/KYECS academic skills and the appropriate functional skills

How do we develop an annual goal statement? Using the KAS/KYECS 1. Identify the grade level standards that all students are expected to know and be able to do Using the Present Levels 2. Identify the student's current educational performance (baseline instructional level) Prioritize 3. Prioritize the skill area(s) that will have the greatest impact Write 4. Write Measurable Annual Goals to include: a. Audience b. Behavior c. Circumstances d. Degree/Criterion e. Evaluation/Method of Measurement f. Frequency

Methods of Measure Annual Goals Four general methods of measurement are: • Curriculum Based Measurement • Direct Measures • Indirect Measures • Authentic Assessment (Cannot stand alone)

Specially Designed Instruction (SDI) in its simplest form is “what the teacher does ” to instruct, assess, and re-teach the student. The SDI describes what the teacher does, as appropriate, to adapt the content, the methodology, or the delivery of instruction. SDI is based on peer-reviewed research to the extent possible.

Supplementary Aids and Services (SAS) SAS is “what the student needs” in order to attain goals and participate in the general curriculum

Accommodations The ARC may identify assessment accommodations to participate in state or district-wide assessment if they are used consistently as a part of the student’s routine instruction and classroom assessment.

Accommodations Testing Accommodations Readers Scribes Paraphrasing Use of technology and Special Equipment Extended Time and a Half Double Time Reinforcement and Behavioral Modifications Manipulative Interpreters

Related Services Transportation Psychological Services Counseling Parent Education Interpreting Orientation and Mobility Physical Therapy Speech and Language Therapy

EXTENDED SCHOOL YEAR (ESY) • Beyond the district’s normal school day, week, or year • At no cost to parents • In accordance with the student’s IEP

ESY A process for determining the need for ESY services may include: • IEP implementer(s) collects progress data before and after a school break • ARC considers progress data and applies criteria for ESY services • ARC determines regression and recoupment through analysis of data • If the need for ESY is determined, the ARC assigns ESY services for the specific IEP goal(s)

Placement and LRE Placement

87 Least Restrictive Environment (LRE) To the maximum extent appropriate, children with disabilities, including children in public and private institutions or other care facilities, are educated with children who are not disabled, and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. IDEA Section 1412(5)(A)

Continuum of Services 88 • • • General Classroom with Co-teaching Resource Setting Special Class (Self-contained Classroom) Specialized School Setting Home/Hospital

89 Four Rules to LRE • Consider the regular education classroom for every student • Consider as possible modifications, aids, and services in regular education classroom • Consider special education class or resource room for part of day before considering special class full day • Consider a more restrictive placement if appropriate, those options being special schools, home instruction, hospitals or institutions

90 Location and Placement The ARC reviews the Present Levels, Student Performance Data and Services identified on the IEP to determine the location of service provision. IEP Guidance Document

91 Continuum of Services All children have a right to continuum of services and placements to meet their individual needs. Regular Education Special Classes Majority of students are served in the regular classroom for all or part of the school day. Special Schools Home Instruction Institutions

Placement is 92 Not Based on: Disability Curriculum Content School Organization Instructional Methods Service Availability Space Availability

93 Placement: What or Where? • Placement is where the student will receive special education and related services. • Decisions must be made in conformity with the standard of least restrictive environment. • IDEA’s strong preference is that to maximum extent appropriate, students educated in regular setting with nondisabled peers.

94 Transition - Secondary

95 Post-Secondary Transition • At the age of 14, or during the child’s 8 th grade year, the child should be invited to the meeting • During the student’s 8 th grade year, or age 14, the IEP must include transition service needs based upon the child’s preference and interest • Also, at this time a Multi-year course of study must be developed. This a description of coursework from the student’s current school year to the anticipated exit year designed to meet the student’s desired post-school goal, all grade levels must be filled in.

Student is Invited … • The student is invited to the ARC meeting where transition services will be discussed. • For Post-Secondary Transition Purposes, for students in the 8 th grade or age 14 and older, they are to be invited if purpose of the meeting is to discuss “Post-Secondary Transition Needs”

Post-Secondary Transition Services • For transition services likely to be provided or paid for by another agency, the other agency is invited to send a representative, if appropriate. • If an agency was invited to send a representative signed Consent for Outside Agency Invitation is included.

Post-Secondary Transition Goals • Includes postsecondary goals to cover two (2) areas, education/training and employment, and a third goal as needed for independent living • Are updated annually Example: After graduation, John’s goal is to enroll in courses at the Community and Technical College to be able to work in the field of medical technology as a lab technician.

99

Intervention Resources National Center of Response to Intervention: www. rti 4 success. org National Center of Learning Disabilities: www. ncld. org Intervention Central www. interventioncentral. org National Center on Student Progress Monitoring www. studentprogress. org

101 KDE Resources www. education. ky. gov ▫ Eligibility Policy Letter and Webinar ▫ Procedural Safeguards (Parent Rights) ▫ Guidance Document for IEP Development ▫ IEP and Lesson Plan Development Handbook ▫ KSI/Rt. I Document and Resources ▫ SLD Eligibility Guidance Document ▫ Collaborative Teaching Practices Q and A ▫ Restraint and Seclusion Q and A ▫ Compliance Record Review Document (updated annually) ▫ KSIS Data Standards http: //education. ky. gov/districts/tech/sis/pages/ksis-datastandards. aspx

102 A Guide To The Kentucky System Of Interventions (KSI) http: //education. ky. gov/educational/int/ksi/D ocuments/KSIRt. IGuidance. Document. pdf http: //education. ky. gov/educational/int/ksi/P ages/ksi. IC_Intervention. Tab. aspx