Eligibility and Evaluation IDEA 2004 Eligibility Evaluation Purposes

Eligibility and Evaluation IDEA 2004

Eligibility & Evaluation Purposes q To locate students, mandated by Child Find requirements q To see if the child is a “child with a disability” as defined by IDEA 2004 q To gather information that will help determine child’s educational needs q To guide decision making about appropriate educational program for the child

Eligibility q Child Find: (a) General. (1) The State must have in effect policies and procedures to ensure that— (i) All children with disabilities residing in the State, including children with disabilities who are homeless children or are wards of the State, and children with disabilities attending private schools, regardless of the severity of their disability, and who are in need of special education and related services, are identified, located, and evaluated; and (ii) A practical method is developed and implemented to determine which children are currently receiving needed special education and related services. 34 C. F. R. § 300. 111 (2013)

Eligibility q Child Find: (b) Use of term developmental delay. The following provisions apply with respect to implementing the child find requirements of this section: (1) A State that adopts a definition of developmental delay under § 300. 8(b) determines whether the term applies to children aged three through nine, or to a subset of that age range (e. g. , ages three through five). (2) A State may not require an LEA to adopt and use the term developmental delay for any children within its jurisdiction. (3) If an LEA uses the term developmental delay for children. . . , the LEA must conform to both the State's definition of that term and to the age range that has been adopted by the State. (4) If a State does not adopt the term developmental delay, an LEA may not independently use that term as a basis for establishing a child's eligibility under this part. 34 C. F. R. § 300. 111 (2013)

Eligibility q Louisiana: Developmental Delay A "student with an exceptionality", including a student with a disability, is any student who is evaluated according to state and federal regulation or policy and is deemed to have a mental disability, hearing impairment (including deafness), multiple disabilities, deaf-blindness, speech or language impairment, visual impairment (including blindness), emotional disturbance, orthopedic impairment, other health impairment, specific learning disability, traumatic brain injury, autism, or as deemed to be gifted or talented, and as a result requires special education and related services. A student with an exceptionality may include, as determined by the local education agency, a student experiencing developmental delay ages three through eight. La. R. S. § 17: 1942(B) (2012)

Eligibility q Child Find: (c) Other children in child find. Child find also must include(1) Children who are suspected of being a child with a disability under § 300. 8 and in need of special education, even though they are advancing from grade to grade; and (2) Highly mobile children, including migrant children. (d) Construction. Nothing in the Act requires that children be classified by their disability so long as each child who has a disability that is listed in § 300. 8 and who, by reason of that disability, needs special education and related services is regarded as a child with a disability under Part B of the Act. 34 C. F. R. § 300. 111 (2013)

Eligibility Statutory Definition (3) Child with a disability. (A) In general. The term "child with a disability" means a child (i) with intellectual disabilities, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance (referred to in this [20 USCS §§ 1400 et seq. ] as "emotional disturbance"), orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and (ii) who, by reason thereof, needs special education and related services. 20 USCS § 1401 (2013)

Eligibility Statutory Definition (3) Child with a disability. (B) Child aged 3 through 9. The term "child with a disability" for a child aged 3 through 9 (or any subset of that age range, including ages 3 through 5), may, at the discretion of the State and the local educational agency, include a child— (i) experiencing developmental delays, as defined by the State and as measured by appropriate diagnostic instruments and procedures, in 1 or more of the following areas: physical development; cognitive development; communication development; social or emotional development; or adaptive development; and (ii) who, by reason thereof, needs special education and related services. 20 USCS § 1401 (2013)

Eligibility Regulatory Definition § 300. 8 Child with a disability. (a) General. (1) Child with a disability means a child evaluated in accordance with §§ 300. 304 through 300. 311 as having mental retardation, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disturbance (referred to in this part as "emotional disturbance"), an orthopedic impairment, autism, traumatic brain injury, an other health impairment, a specific learning disability, deaf-blindness, or multiple disabilities, and who, by reason thereof, needs special education and related services. 34 C. R. F. § 300. 8 (2013)

Eligibility Regulatory Definition § 300. 8 Child with a disability. (a) General. . . cont’d. (2)(i). . . if it is determined, through an appropriate evaluation. . . that a child has one of the disabilities. . . , but only needs a related service and not special education, the child is not a child with a disability under this part. (ii) If. . . the related service required by the child is considered special education rather than a related service under State standards, the child would be determined to be a child with a disability. . 34 C. F. R. § 300. 8 (2013)

Eligibility Regulatory Definition § 300. 8 Child with a disability. (b) Children aged three through nine experiencing developmental delays. Child with a disability for children aged three through nine (or any subset of that age range, including ages three through five), may. . . include a child (1) Who is experiencing developmental delays, as defined by the State and as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas: Physical development, cognitive development, communication development, social or emotional development, or adaptive development; and (2) Who, by reason thereof, needs special education and related services. 34 C. F. R. § 300. 8 (2013)

Child with Developmental Delay Under § 300. 8(b), a State may adopt a definition of “child with a disability” that includes children aged 3 through 9 who are experiencing “developmental delays. ” This provision allows States to find a child with developmental delays (aged 3 through 9, or any subset of age ranges within) to be an eligible “child with a disability” and to provide that child with special education and related services without having to classify the child under a specific disability category.

Child with Developmental Delay Defined by the State. Measured by appropriate diagnostic instruments and procedures, in 1 or more of these areas: ü ü ü physical development cognitive development communication development social or emotional development or adaptive development Definition includes that all-important “by reason thereof. ”

Eligibility Regulatory Definition § 300. 8 Child with a disability. (c) Definitions of disability terms. The terms used in this definition of a child with a disability are defined as follows: (1)(i) Autism means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three, 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. (ii) Autism does not apply if a child's educational performance is adversely affected primarily because the child has an emotional disturbance. . 34 C. F. R. § 300. 8 (2013)

Eligibility Regulatory Definition § 300. 8 Child with a disability. (c) Definitions of disability terms. . . cont’d. (iii) A child who manifests the characteristics of autism after age three could be identified as having autism if the criteria in paragraph (c)(1)(i) of this section are satisfied. (2) Deaf-blindness means 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 solely for children with deafness or children with blindness. 34 C. F. R. § 300. 8 (2013)

Eligibility Regulatory Definition § 300. 8 Child with a disability. (c) Definitions of disability terms. . . cont’d. (3) Deafness means 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. (4)(i) 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. 34 C. F. R. § 300. 8 (2013)

Eligibility Regulatory Definition § 300. 8 Child with a disability. (c) Definitions of disability terms. . . cont’d. (4)(i) Emotional disturbance. . . cont’d. (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. (ii) 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. . 34 C. F. R. § 300. 8 (2013)

Eligibility Regulatory Definition § 300. 8 Child with a disability. (c) Definitions of disability terms. . . cont’d. (5) 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 section. (6) Mental retardation means significantly subaverage general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period, that adversely affects a child's educational performance. 34 C. F. R. § 300. 8 (2013)

Eligibility Regulatory Definition § 300. 8 Child with a disability. (c) Definitions of disability terms. . . cont’d. (7) 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. (8) 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). 34 C. F. R. § 300. 8 (2013)

Eligibility Regulatory Definition § 300. 8 Child with a disability. (c) Definitions of disability terms. . . cont’d. (9) Other health impairment [OHI] means having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that -(i) 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 (ii) Adversely affects a child's educational performance. 34 C. F. R. § 300. 8 (2013)

Eligibility Regulatory Definition § 300. 8 Child with a disability. (c) Definitions of disability terms. . . cont’d. (10) Specific learning disability – (i) 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 calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. (ii) 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. 34 C. F. R. § 300. 8 (2013)

Eligibility Regulatory Definition § 300. 8 Child with a disability. (c) Definitions of disability terms. . . cont’d. (11) 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. 34 C. F. R. § 300. 8 (2013)

Eligibility Regulatory Definition § 300. 8 Child with a disability. (c) Definitions of disability terms. . . cont’d. (12) Traumatic brain injury means an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child's educational performance. Traumatic brain injury applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problemsolving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech. Traumatic brain injury does not apply to brain injuries that are congenital or degenerative, or to brain injuries induced by birth trauma. 34 C. F. R. § 300. 8 (2013)

Eligibility Regulatory Definition § 300. 8 Child with a disability. (c) Definitions of disability terms. . . cont’d. (13) 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. 34 C. F. R. § 300. 8 (2013)

Eligibility Regulatory Definition § 300. 8 Child with a disability. (c) Definitions of disability terms. . . cont’d. (13) 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. 34 C. F. R. § 300. 8 (2013)

Requesting an Initial Evaluation q A parent or a public agency can ask for an initial evaluation of a child q Public agency must obtain parental consent before conducting an initial evaluation of the child

Before Any Initial Evaluation Public agency must: Provide parent(s) with prior written notice ü Provide parent with notice of procedural safeguards ü Obtain parent’s informed written consent ü

Content of Prior Written Notice Prior written notice must include: A description on the action proposed or refused by the agency; 2. An explanation of why the agency proposes or refuses to take action; 3. A description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action; 4. A statement that the parents of a child with a disability have protection under the procedural safeguards; 1.

Content of Prior Written Notice Prior written notice must include: Sources for parent to contact to obtains assistance in understanding the provisions of this part; 6. A description of other options the IEP Team considered and the reasons why those options were rejected; and 7. A description of other factors that are relevant to the agency’s proposal or refusal. 5. 34 C. F. R. § 300. 503(b) (2013)

Content of Prior Written Notice Ø What if the parents’ native language is not English? ü The agency must provide notice to parents in their native language or other mode of communication used the parents, unless is it clearly not feasible to do so. 34 C. F. R. § 300. 503(c)(1) (2013) Ø What if the parents’ native language is not a written language? ü The notice should be translated orally or by other means to the parents. 34 C. F. R. § 300. 503(c)(2) (2013)

Reasonable Efforts to Obtain Consent q Public agencies must make reasonable efforts to obtain informed consent from the parent for an initial evaluation. . . 34 C. F. R. § 300(a)(1)(iii) (2013) q The public agency must document its attempts to obtain parental consent using the procedures in § 300. 322(d). 34 C. F. R. § 300(d)(5) (2013) q Those procedures are: . . . detailed records of phone calls made or attempted, any correspondence sent to parents and responses received, and visits made to the parent’s home or place of employment and the results of those visits. 34 C. F. R. § 300. 322(d) (2013)

Parent Consent is for initial evaluation, and nothing more. Parent consent for initial evaluation must not be construed as consent for initial provision of special education and related services.

Parent Consent for Initial Evaluation What is the public agency’s obligation if: ØParents explicitly refuse consent for initial evaluation? ØParent does not respond to a request to provide consent?

Parent Consent for Initial Evaluation (3)(i) If the parent of a child enrolled in public school or seeking to be enrolled in public school does not provide consent for initial evaluation under paragraph (a)(1) of this section, or the parent fails to respond to a request to provide consent, the public agency may, but is not required to, pursue the initial evaluation of the child by utilizing the procedural safeguards in subpart E of this part (including the mediation procedures under § 300. 506 or the due process procedures under §§ 300. 507 through 300. 516), if appropriate, except to the extent inconsistent with State law relating to such parental consent. (ii) The public agency does not violate its obligation under § 300. 111 and §§ 300. 301 through 300. 311 if it declines to pursue the evaluation.

Parent Consent for Initial Evaluation U. S. Department of Education’s position on agencies pursuing legal means by which to conduct an evaluation: “[P]ublic agencies should use their consent override procedures only in rare circumstances” and that “State and local educational agency authorities are in the best position to determine whether, in a particular case, an initial evaluation should be pursued. ” Override procedures may not be applied to children who are home schooled or placed in private school by their parents at their own expense.

When to Conduct an Initial Evaluation Must be conducted within 60 days of parental consent (or within a State-established timeline) q q Must be full and individual

Review of Existing Evaluation Data As part of an initial evaluation (if appropriate) q IEP team and other qualified professionals, as appropriate, must review existing evaluation data on the child, including: ü Information and evaluations provided by parents ü Current assessments (classroom-based, local, or State) ü Classroom-based observations ü Observations by teachers and related services providers

Review of Existing Evaluation Data On the basis of that review and input from the parents: The group identifies what additional data (if any) are needed to determine -ü If child is a “child with a disability ü Child’s educational needs ü Child’s present levels of academic achievement and related developments ü Whether child needs special education and related services And…

Review of Existing Evaluation Data Whether any additions or modifications to the special education and related services are need to enable the child. . . To meet annual goals in the IEP ü üTo participate in general education curriculum (as appropriate)

Determining the Child’s Eligibility A group of qualified professionals and the parent determines whether the child is a “child with a disability. ” Factors involved in making this decision: üHow IDEA defines “child with a disability” üIDEA’s special rule for eligibility determination üA variety of information sources

Determining the Child’s Eligibility IDEA’s Special Rule A child must not be determined to be a “child with a disability” if the determinant factor for deciding so is. . . üLack of appropriate instruction in üLimited English proficiency; and üIf reading math, or the child does not otherwise meet the eligibility criteria at 34 C. F. R. § 300. 8(a).

(1) Child with a disability means a child evaluated in accordance with §§ 300. 304 through 300. 311 as having… üautism üdeaf-blindness üdeafness üemotional disturbance ühearing impairment ümental retardation ümultiple disabilities üorthopedic impairment üother health impairment üspecific learning disability üspeech or language impairment ütraumatic brain injury or üvisual impairment (including blindness) . . . and who, by reason thereof, needs special education and related services.

The “How” of Evaluation Must use of a variety of assessment tools and strategies. Evaluation must be sufficiently comprehensive. . . …to identify all of the child’s special education and related services needs and whether or not those needs are commonly linked to the disability category in which the child has been classified

The “How” of Evaluation Must use technically sound instruments. . . that assess the relative contribution of: cognitive and behavioral factors ü physical or developmental factors ü

The “How” of Evaluation Assessments and other evaluation procedures must be administered: ü by trained and knowledgeable personnel ü in accordance with documented instructions ü for the purposes for which the assessments or measures are valid and reliable

The “How” of Evaluation Assessments and other evaluation procedures must be: ü Selected and administered so as not to be discriminatory on a racial or cultural basis ü Provided and administered in child’s native language or other mode of communication, * and in the form most likely to yield. . . accurate information on what child knows and can do ü Academically ü Developmentally ü Functionally *unless it is clearly not feasible

The “How” of Evaluation If an assessment is administered to a child with impaired sensory, manual, or speaking skills, the assessment results. . . Yes. Accurately reflect child’s aptitude or achievement level (or whatever other factors the test purports to measure) No. Do not just reflect child’s impaired skills (unless those are the factors the test purports to measure)

The “What” of Evaluation. . . [to] gather information about the child, including information provided by parents. Relevant. . . ü functional ü developmental ü academic. . . information To determine. . . ü Whether the child is a “child with a disability” ü An appropriate educational program for the child

The “What” of Evaluation All areas related to the suspected disability, including (if appropriate): ü ü ü ü health vision hearing social and emotional status general intelligence academic performance communicative status motor abilities

The “Why” of Evaluation To assist in determining: ü ü Whether the child is a “child with a disability” Content of the child’s IEP Including info related to enabling the child. . . to be involved in and progress in the general education curriculum ü for a preschool child, to participate in appropriate activities ü

Upon completion of the administration of assessments and other evaluation measures Public agency provides parent with. . . ü a copy of evaluation report ü documentation of eligibility determination . . . at no cost to the parent.

Reevaluations May occur not more than once a year— Unless parent and public agency agree otherwise Must occur at least once every 3 years— Unless parent and public agency agree a reevaluation is unnecessary

Reevaluations Purpose of reevaluation is to find out: üif the child continues to be a “child with a disability, ” as defined by IDEA and the final regulations, and üthe child’s educational needs.

What reevaluation shares with initial evaluation: Its purposes Prior written notice Procedural safeguards notice* ü Review of existing evaluation data ü ü ü ü ü Parent consent Gathering additional data, if needed Parent involvement in evaluation group Parent involvement in eligibility determination Factors involved in determining eligibility Reporting to parents *Upon parent request for an evaluation

Other Evaluation Provisions Evaluation is required before determining a child is no longer a “child with a disability” except—. . . when the child’s eligibility under Part B ends because: ü the child graduates from secondary school with a regular diploma; or ü the child exceeds age eligibility for FAPE under State law.

Other Evaluation Provisions When child’s eligibility under Part B ends. . . Public agency must provide child with. . . ü Summary of child’s academic achievement and functional performance, including… ü Recommendations on how to assist child in meeting his or her postsecondary goals

When Students Transfer* Assessments are coordinated between old and new public agencies— As necessary q As swiftly as possible q To ensure prompt completion of full evaluations q * Between 2 public agencies, in same school year