Statewide Special Education Procedures Something old something new

Statewide Special Education Procedures Something old, something new, something borrowed … and then there’s Child Find!

Managing Transitions: William Bridges

You are here!

Now, you are here!

Topics for Today • AM – The Resources: The Iowa AEA Special Education Procedures Manual, web supports – IEP and other form and procedure changes and points of emphasis – Begin identifying training topics and needs to be addressed in 2009 -2010

Topics for Today • PM – Child Find, and nothing but …

The Resources Print/Web Accessible Materials • Iowa AEA Special Education Procedures Manual – Special Education Eligibility (Child Find) – IEP Development, Related Processes, Everything Else – Special Education Documentation Guide

The Resources Web Resources • Iowa’s Guidance for Quality IEPs http: //www. iepquality. iowa. gov IEP Tutorial • www. aea 11. k 12. ia. us/prodev/iep_toc/

Becoming Acquainted with the New Manual

Scavenger Hunt • At your table, pass out the topic cards • Look up and discuss the topic answering the following questions: – What’s the same about the topic? – What’s changed about this topic? – How does this effect AEA staff? – How does this effect LEA staff? • At your table discuss each topic and the changes and implications

Meeting Training Needs • The PLAN – Analyze training needs – Develop, for mostly electronic delivery, training modules for delivery throughout 2009 -2010 – Provide information today regarding immediate needs. That is, changes AEA and LEA special educators will encounter in the Web IEP and in other practice expectations as soon as school starts.

Action Planning • At your tables, based on your tip-of-theiceberg look at some topics: – Spend five minutes discussing informational and professional development needs for your AEA and LEAs

The IEP • The good news: – Little has changed! • The tempering news – A little has changed! – Other changes will roll out during the year

IEP Participants: General Ed Teacher: 3 to 5 • Must be a licensed teacher. The general education teacher for a preschool child is an individual who holds a valid practitioner’s license … and holds an endorsement that includes prekindergarten for preschool child or kindergarten for kindergarten child. • Must be a licensed teacher, regardless of who employs the teacher. The general education teacher may be employed by a private provider or other public agency such as a community preschool child care center or Head Start program as long as they hold the appropriate teaching endorsement. The teacher is not required to be an employee of the resident or attending district.

IEP Participants: General Ed Teacher: 3 to 5 • General education endorsements for early childhood education are: – 100 teacher – Prekindergarten through grade three, including special education – 103 teacher – Prekindergarten through kindergarten – 106 teacher – Prekindergarten through grade three, and – 102 teacher – Elementary classroom kindergarten through grade six (for children in kindergarten)

IEP Participants: General Ed Teacher: 3 to 5 • Coraline attends Head Start and also an ECSE program. The Head Start teacher does not hold a general education license. – The Head Start teacher cannot fill the role of General Education Teacher at an IEP meeting. – As a person knowledgeable about the child, the Head Start teacher should be invited to the IEP. – Another individual needs to be invited or appropriately excused to cover the General Education Teacher Role.

IEP Participants: General Ed Teacher: 3 to 5 • Please recall, at least one general education teacher is a required IEP team member “… if the child is, or may be, participating in the regular education environment”

IEP Participants: General Ed Teacher: 3 to 5 • For preschool children, the regular education environment means: – an environment where appropriate activities occur for children of similar age without disabilities, and – at least 50% of children of similar age are children without disabilities • This definition is relevant to other contexts as well: – LRE considerations, EC setting Codes

IEP Participants: General Ed Teacher: 3 to 5 • Jessie is a three year-old speech-only child with a stay-at-home parent. No “regular education” now or anticipated during the year of the IEP. – General Education Teacher not required

IEP Participants: General Ed Teacher: 3 to 5 • Jerry is a four year-old speech-only child who will not be age-eligible for kindergarten during the year of the IEP. His parents plan on sending him to a private preschool (i. e. , not a Head Start nor a part of the district’s voluntary four year-old program). – General Education Teacher required (in attendance or appropriately excused)

Reevaluation IEP Team • At least one AEA support staff professional is a required team member to fill the role of “An individual who can interpret the instructional implications of evaluation results”. • Why? The initial determination of eligibility (Initial IEP) and continuing determination of eligibility (Reevaluation IEP) is an AEA responsibility.

Reevaluation IEP Team • Can the AEA support staff professional who is a required team member for reevaluations be excused? Yes, very carefully … – If, and only if, continuing eligibility is not in question by any team member(s); – If, and only if, agreement to excuse the AEA support staff professional is obtained prior to the meeting; and – If, and only if, written input is provided by one or more AEA support staff professionals regarding eligibility

What if there are AEA service providers? • Remember, a Reevaluation IEP meeting is a Review IEP meeting at which continuing eligibility is an additional topic • Involve AEA support service professionals as you would for a Review IEP meeting • Consider whether an AEA support service professional who doesn’t provide IEP services to the student should attend • Make sure that: At least one AEA support service professional will be in attendance at the meeting and prepared to facilitate the discussion regarding continuing eligibility

Reevaluations – one more note • It is required that: as part of an initial evaluation, if appropriate, and as part of any reevaluation …, the IEP team and other qualified professionals, as appropriate, must: – Review existing evaluation data on the child, …; and – On the basis of that review, and input from the child’s parents, identify what additional data, if any, are needed …

Reevaluations – one more note • The role of parents is mentioned twice in this requirement: – indirectly as team members (this is a requirement of IEP teams) – directly - “input from the child’s parents” • DO NOT wait until a Reevaluation IEP meeting to seek parent input! DO NOT!

New Item: Student Placement • The student was placed in this school/facility at the direction of … • This information helps identify placements for which a district is not responsible in establishing district LRE data. • Response options are: – Court Ordered – Parent Choice – DHS Ordered – IEP Team Choice – Student Choice

New Item: Student Placement • If the facility type associated with where 50% or more of special education services provided is “Separate Facility” or “Residential Facility”, then this new question must be answered. • The response defaults to “IEP Team” for all other facility types.

Revised Item: Race/Ethnicity

Race/Ethnicity, cont’d • The Federal government is seeking consistent data collection and reporting from all areas (census, education, human services, etc. ) • As this is a change from the old system, all students will have race/ethnicity re-identified through school registration • Also, Page A of the IEP has been modified for this data collection for SPED reporting

Race/Ethnicity: Two Question Format • Question One: Is the student Hispanic/Latino? • The definition used is: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race.

Race/Ethnicity: Question One, cont’d • “Spanish culture or origin” is the over-arching concept, NOT geography • For example, members of the following groups would not generally be expected to identify themselves as Hispanic or Latino: – Brazilian-, Guyanan- and Surinamese-Americans (The South American nations of Brazil, Guyana and Suriname are former Portuguese, British and Dutch colonies, respectively) – French Guianan-Americans (The South American Department of French Guiana remains part of France)

Race/Ethnicity: Two Question Format • Question Two: What is the student’s race? • This question is asked, even if the response to Question One is “Yes, Hispanic/Latino”

Race/Ethnicity: Question Two, cont’d • The definitions used are: – American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. – Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam.

Race/Ethnicity: Question Two, cont’d • The definitions used are: – Black or African American: A person having origins in any of the black racial groups of Africa. – Native Hawaiian or Other Pacific Islander: A person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands. – White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa.

Race/Ethnicity: Question Two, cont’d • Multiple races may be identified. Tiger Woods, coined the term “Cablinasian” to describe himself as: – Caucasian – Black – American-Indian, and – Asian. He could indicate four races in this system.

Race/Ethnicity • Who made this determination? The choices are: – The student or parent(s) – An AEA or LEA designated observer • Parent report/student self-report is Preferred • Otherwise, an AEA or LEA designated observer must make a determination – not reporting is not an option

Who determines for the AEA? • Schools are to collect this information at registration – use the LEA’s process and information for any enrolled child. Signed form = parent/self-report • Support-service only preschoolers will not have this info; home-schoolers dual enrolled for support, only, may not have this info. • Seek parent report. If parents don’t provide this information the “designated observer” is an AEA support service professional who is evaluating/serving the child.

Race/Ethnicity • Once information is gathered, the reported race/ethnicity categories are: – Hispanic/Latino of any race – American Indian or Alaskan Native – Asian – Black or African American – Native Hawaiian or Other Pacific Islander – White – Two or more races

Race/Ethnicity: More Info • Video • Iowa DE Website/A-Z Index/EASIER/scroll down to “Race And Ethnicity Changes For 2009 -2010” • http: //nces. ed. gov/pubs 2008/2008802. pdf

Reflection At your table, take two minutes to share one new thing you’ve learned

FBA/BIP • Forms have been modified • Accessible in the Web IEP (State Forms) • “Independent” of the IEP – The team decides if and when they need to be rewritten – the system does not require re-write when IEPs are reviewed or amended – If you indicate on the “B” page that there will be an FBA & BIP the system does not require one to complete the IEP

FBA/BIP Training • Training video sample? ?

PLAAFP reminder • No form changes • The item: – This student is NIMAS eligible Yes No should prompt a discussion of a student’s potential need for accessible materials that is broader than NIMAS eligibility, alone!

Print disability/Accessible Materials • Step 1: Using evaluation information and present levels of achievement, the IEP team should ask the following questions. 1. What printed textbooks and core related instructional materials are being used in the student’s classes? 2. Can this student use these materials to effectively access the general education curriculum? 3. If the information in the printed materials were provided to the student in a specialized format (Braille, Large Print, Audio, Digital Text), would the student’s access and interaction with the general education curriculum result in improved student achievement?

Print disability/Accessible Materials • Questions, continued 4. Does the student require specialized formats of printed textbooks and core related instructional materials that are written and published for use in elementary and secondary school instruction? 5. If a specialized format is required, does this student need assistive technology (AT) to effectively use the specialized format?

Print disability/Accessible Materials • Step 2: If the student does need a specialized format(s), a determination is made about whether the student is copyright exempt (NIMAS eligible) or not copyright exempt. – NIMAS eligible (determined to be: blind, visually impaired, physically limited, having a reading disability resulting from organic dysfunction)

Print disability/Accessible Materials • Step 3: Documentation in the IEP of Determination of Print Disability – If the student does not use, handle, or read textbooks or core related instructional materials, regardless of conditions that otherwise make a child NIMAS eligible, the NIMAS eligible box should be checked NO. – If the student does use, handle, or read textbooks or core related instructional materials and is copyright exempt, the NIMAS eligible box should be checked YES. The Web IEP will check Specialized Accessible Formats “Yes” on Page F and will add a Service/Support row to Page F.

Print disability/Accessible Materials • Step 3: Documentation in the IEP of Determination of Print Disability – If the student is not copyright exempt and the team determines the student has a print disability that requires specialized formats, the NIMAS eligible box should be checked NO. On Page F, Check “Yes” for Specialized Accessible Formats” and describe needed services/supports – If the team determines the student does not have a print disability that requires specialized formats, the NIMAS eligible box should be checked NO.

Adding New Goal Areas • As a reminder: – A general education intervention process is not required – A reevaluation is required only if the IEP team determines that additional information, the collection of which requires consent, is needed – Eligibility has already been established and the focus of discussion is whether or not a “new” area requires special education resources

Adding Goals, documentation • Reviews and amendments: – In the PLAAFP item, “Other information essential for the development of this IEP”, state the IEP team’s conclusion regarding the need for supports beyond those typically provided to all general education students and summarize the data that supports this conclusion, including relevant progress and discrepancy information.

Adding Goals, documentation • Reviews and amendments – PLAAFP, cont’d: – The IEP team believes that Karina requires greater assistance in the area of math than is provided to most students. She has struggled with concepts and applications related to algebra variables, data analysis and probability. Her math scores on the ITBS are well below the proficient level and her test, quiz and assignment scores are consistently within the lowest 10 to 15% of the class.

Adding Goals, documentation • Reviews and amendments – PLAAFP, cont’d: – State the IEP team’s conclusion regarding the individual’s need for special education services and supports in the new area, and summarize the information that supports this conclusion, including the impact of previous efforts (progress information).

Adding Goals, documentation • Reviews and amendments – PLAAFP, cont’d: – The IEP team believes that special education services and supports, including frequent progress monitoring and adjustments to instruction, are needed. Karina currently receives her math instruction in a co-taught classroom and is frequently included in small groups of students who are experiencing difficulties and receive focused instruction by a special educator. In addition, her general education teacher affords her additional, individual time (15 -20 minutes, 3 -4 times per week) and her parents provide nightly homework support. Weekly algebra probes show no gain over the past eight weeks.

Adding Goals, documentation • Reevaluations – Provide the same information as for reviews and amendments, BUT – Provide this information in response to Reevaluation Question #4: What additions or modifications to the special education and related services are needed to enable the student to meet the IEP goals and to participate, as appropriate, in the general education curriculum?

Adding Goals, documentation • All IEP types: In the Current Academic Achievement and Functional Performance (CAAFP) provide detailed information to support and elaborate the summary information. For example: – Karina’s math score on the Spring 2009 ITBS was at the 8 th percentile rank. Her math CBM scores place her in the “at risk” category. Karina’s median class rank (out of 23 students) on the last 20 assignments and quizzes is 22. Growth in CBM scores across 8 weeks shows an average growth of. 2 digits/week. Peers average. 8 digits/week growth.

Adding Goals, documentation – The “Effect of Disability” needs to reflect the new area – Complete all other appropriate information on the Goal and Services pages (D and F).

Adding Goals, data standard • IEP teams need to base their decisions on sound data. Data may come from a variety of sources. When considering additional needs, the data generated through the general education classroom that reflects an individual’s progress in the context of assistance provided to the student is the first source to consider. Data must clearly support the conclusion that identified needs require special education services and supports, rather than other forms of assistance.

Adding Goals, data standard • The discussion related to adding goals is primarily a “need” discussion. • The IEP team must have sufficient discrepancy and progress information to conclude that a concern requiring some kind of assistance or support exists. • Given that conclusion, the discussion focuses on whether the action required on behalf of the student is special education or something else.

Discussio n • In your AEA, what has been the process for adding new goal areas? • What information/training will AEA and LEA professionals need to be able to do this as described in the procedure manual?

Eligibility Determination Worksheet Parent consent not received must be documented Either check: A signed Consent for Evaluation form has not been returned. Or provide a date: Date signed Consent for Evaluation received by LEA/AEA: / /

Meeting Notice • The procedural requirement: – To the extent appropriate, with the consent of the parents or a child who has reached the age of majority, in implementing the requirements of 41. 321(2)“a, ” the public agency must invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services. 41. 321(2)c

Meeting Notice • This requirement applies to agencies that may become involved with transition services. • Agencies already involved may be invited at the school’s discretion as “other individuals who have knowledge or special expertise regarding the child”.

Meeting Notice • The data requirement – Indicator 13 now requires that we collect data documenting that we have met the requirements of 41. 321(2)c – Data collection will occur through I-STAR in the compliance review process – The Meeting Notice form has been changed to accommodate this need (Handout)

Meeting Notice • For students age 13 and above, do what you’re supposed to do AND check the box that says: For transition-age students: The school has considered topics that will be discussed at this meeting and potential agency involvement related to those topics. If necessary, the school has obtained parent or age-of-majority student consent to invite representatives of any agency that is likely provide or pay for transition services in the future.

Trial Out • Quiz using manual

Paraprofessional Codes • Codes have not changed. Definitions have changed to sort out services that are potentially Medicaid-billable (behavior and health) from non-billable (academic) services: – PP or PPO (Paraprofessional Services): Behavioral or Health Services provided by a paraeducator or paraprofessional – TA or TAO (Teacher Associate): Academic Services provided by a paraeducator or a paraprofessional

Completing IEPs - The manual says: • Completing all of the IEP documents at the IEP meeting is the best practice. However, if documents are not completed during the meeting, the IEP team must collaborate and: 1. determine the services and supports that will be provided until the Web IEP is implemented, and 2. in all cases complete, implement and distribute the IEP document and assure that all relevant parties are informed of their responsibilities within 30 calendar days of the meeting.

Completing IEPs – Discussion • In your AEA: – After an IEP meeting, how long does it take for the IEP to be implemented on the Web? – What kinds of reviews, changes and corrections occur during that time? – Do the changes or corrections ever prompt IEP teams to act (re-convene or amend)? – Do you view the IEP as “official” during this time?

Transition C to B Complete Prior to Child’s Third Birthday • Determination of Eligibility for Special Education; and • Initial IEP Meeting – Must meet the requirements for IEP team members; and – Include Service Coordinator and/or IFSP Team members, at parent request.

Transition C to B: Before Age 3 • Reminder: Eligibility determination and an Initial IEP meeting must be held prior to child’s third birthday • If an IEP meeting is held more than a short period of time before third birthday: – Document the Early ACCESS services that will be provided until the third birthday on IEP Page F – If a summer birthday, consider Extended School Year Services (ESYS) for the period of time between the third birthday and the start of school

Transition C to B: Before Age 3 • After the child’s third birthday, amend IEP (following procedures to amend IEP) in order to accomplish the following: – Remove all references to the Early ACCESS, early intervention services – Update the IEP to reflect current services, early childhood setting code – Check to be sure that the child’s weighting is correct

Transition from Pre-K to K • The transition from Pre-K to K presents particular challenges in tracking student data – Teacher almost always changes – Building often changes – Weighting often changes – LRE reporting changes at age 6 • NOTE: This means that a five year-old kindergartener has both an EC Code and an LRE percentage

Transition from Pre-K to K • Procedures – Schedule an IEP meeting late enough in the school year that the information needed for planning the transition to K is known and available, KEEPING IN MIND – The Early Childhood Outcomes Summary must be completed within 90 days of leaving Early Childhood Special Education services

Transition from Pre-K to K • On page F, current early childhood services are described with an appropriate starting date (e. g. , the IEP meeting date or day after). • The upcoming page F services for kindergarten are described with a start date corresponding to the beginning of school in the fall (i. e. , August). The Web IEP will then list these as “future services” and print them separately on the IEP.

Transition from Pre-K to K • In the Fall of the kindergarten year, the new IEP team will need to amend the IEP, making all necessary changes (as needed: teacher, LRE percentage and EC setting code, weighting, attending building, etc). • Remember, kindergarten is considered an Early Childhood Setting when determining EC Setting Codes for 5 -Year-Old Children.

Transition from Pre-K to K • The Fall amendment may be an amendment with or without a meeting, depending on the circumstances. • At minimum, page F should be changed to reflect the kindergarten program. The services and supports descriptions may not need to be changed, but the amendment process moves kindergarten services and supports from a “future services” designation to current services.

Action Planning • At your tables: – Spend five minutes discussing informational and professional development needs for your AEA and LEAs

Competent Private Instruction • For an eligible individual, Competent Private Instruction (CPI, home schooling), including instruction at a non-accredited school, requires the prior approval of the AEA Special Education Director. • The procedures assume that approval does, in fact, precede the beginning of CPI.

Competent Private Instruction • Handout (model form, model letters)

Home and Hospital Services • When provided for health or medical reasons, obtaining a physicians statement is done at the discretion of the IEP team. • Potential purposes: – to determine that the student’s condition is such that he or she cannot attend school – to determine that the home or hospital service will not interfere with the student’s health or recovery • Review the placement “periodically” 41. 410(2)b

Homebound for Behavior • Considered to be an Interim IEP • An interim IEP shall not be in place for more than 30 school days. [324(5)a]

Parent Revocation of Consent • Effective 12/31/08, parents may unilaterally withdraw their children from further receipt of special education and related services by revoking their consent for the continued provision of special education and related services to their children. (Revocation rights apply to age-of-majority students) • A public agency (LEA or AEA) may not, through mediation or a due process hearing, challenge the parent’s/age of majority student’s decision

Parent Revocation of Consent • This is an all-or-none provision. That is, parents/age-of majority students do not have the right to revoke consent for one or more of the services received and to have other services continue. • Parents/age-of majority students have available the IEP process and due process to address issues related to some, but not all of a student’s services.

Parent Revocation of Consent • Parental/age-of-majority student revocation of consent must be in writing. • Upon revocation of consent a public agency must provide the parent/age-of majority student with prior written notice before ceasing the provision of special education and related services.

Revocation: Web IEP Procedure • Process an exit • Use Exit Code: RRT - Returned to Regular Education - Termination of Services – Definition: Student is returning to regular education programming for reasons other than a completed IEP (parental request that services be discontinued, student refusal to attend special education programming). The IEP team has concurred with the judgment.

Parent Revocation of Consent • Revocation of consent includes general education accommodations in the IEP • Following revocation of consent for IDEA services, parents do not have the right to request a 504 plan. A school may provide a 504 plan, but is not required to do so. • Following revocation of consent, a student is disciplined as a general education student

Parent Revocation of Consent • A public agency is not required, because a parent revokes consent for continued services, to amend a child’s education records to remove references to the child’s receipt of special education and related services. • However, this does not affect the rights of parents/eligible students to request amendments to information in education records that is inaccurate or misleading, or violates the privacy or other rights of a child

Parent Revocation of Consent • If, after a revocation of consent, parents/ageof-majority student want to resume special education services an initial evaluation is conducted. • Existing information may provide much of the necessary data, but this is an initial evaluation, not a reevaluation.

Revocation of Consent and CPI • A request to provide competent private instruction (CPI, home-schooling) to an eligible individual is not a revocation of consent for special education, even if parents decline all special education services

Caseload Monitoring • AEAs are required to have caseload monitoring procedures to “ensure that the IEPs of eligible individuals are able to be fully implemented”. • Procedures must include LEAs and the resolution of concerns that are not resolved by LEAs through the procedures in their district-developed plans

Caseload Monitoring: LEAs • Request for review goes to Director’s designee who will: – Meet with LEA personnel and discuss concerns within ten days, – Provide a written response • If the concern is not resolved, request for review goes to the Director who will: – Review information (could include meetings, phone contacts, etc. ) within ten days, – Provide a written response

Caseload Monitoring: LEAs • Review questions: – Did the LEA follow its AEA-approved and boardadopted procedures related to setting and monitoring caseloads and resolving concerns about caseloads? – Given the caseloads of the affected special educator(s), are the IEPs of eligible individuals able to be fully implemented?

Caseload Monitoring: AEAs • The Special Education Director’s designee(s) will establish caseloads annually and make necessary adjustments as warranted by personnel changes, changes in programs or populations and other circumstances. • Each AEA support staff professional is responsible for monitoring his or her own caseloads and to report to the Director’s designee if circumstances related to caseload could potentially interfere with the timely completion of evaluations or the full implementation of IEPs or IFSPs.

Caseload Monitoring: AEAs • AEA support staff professionals and Director designees may, at any time, have informal discussions regarding caseload concerns. In both informal discussions and formal caseload reviews, the following will be considered: – Number of students – Needs of students – Type of service required for these students – Geographical size of the assigned caseload as well as other applicable factors will also be given consideration

Caseload Monitoring: AEAs • Informal resolution of concerns is preferred. • An AEA support staff professional may request further consideration through submission of a written notice of the concern to the Special Education Director’s designee who will: – Meet and discuss concerns within ten days, – Provide a written response

Caseload Monitoring: AEAs • If the employee is dissatisfied with the response, the employee has five working days after receiving the written response from the Special Education Director’s designee to submit a written appeal to the AEA Director of Special Education, who will: – Meet and discuss concerns within ten days, – Provide a written response

Caseload Monitoring: AEAs • AEA caseload monitoring procedures DO NOT in any way supplant or interfere with any rights or procedural steps that are available to AEA employees through bargained agreements.

Action Planning • At your tables: – Spend five minutes discussing informational and professional development needs for your AEA and LEAs

Online Learning • Reevaluation Demo • Race/Ethnicity Demo? ?