1 referrals, evaluations and eligibility determinations office of vocational and educational...
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Referrals, Evaluations and Eligibility Determinations
Office of Vocational and Educational Services for Individuals with Disabilities
Special Education Policy Update SessionFall 2007
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1. Referrals for Initial Evaluation
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Who may initiate a referral?
Referral for initial evaluations Parent School District or Commissioner or designee of public agency
responsible for providing education to students with disabilities Request for referrals
Professional staff members of the district the student resides in or private school student attends
Physician Judicial officer Student, age 18 or emancipated minor
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2. Individual Evaluations and Reevaluations
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60 calendar days to complete evaluation
Parent and district can agree to another timeline if: Child moves into new district and evaluation
was initiated in prior district Agree to determine how student responds to
research-based intervention (response to intervention)
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Observation §200.4(b)(1)(v)(ii)
Required component of the initial evaluation
Observation in the student’s learning environment (including regular classroom setting)
For student less than school age or out of school – environment appropriate for student that age
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Independent educational evaluations (IEE) parent right to one IEE for each district
evaluation parent disagrees with Reevaluation every three years
unless parent and district agree, in writing, the reevaluation is not necessary
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3. Eligibility Determinations
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Sources of information
Variety of sources Aptitude and achievement tests Parent input Teacher recommendations Physical condition Social or cultural background Adaptive behavior
Ensure information from all sources is: documented and carefully considered.
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Board of Education Responsibilities §200.2(b)(7)
BOE written policy establishes practices and procedures for
implementing schoolwide approaches to remediate a student’s performance prior to referral for special education may include a response to intervention (RtI)
process
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RtI Programs§100.2(ii)
Minimum requirements Appropriate instruction in general education class
Appropriate instruction in reading means scientific research-based reading programs that include instruction in:
Phonemic awareness Phonics Vocabulary development Reading fluency and Reading comprehension strategies
Screenings Levels of targeted intervention
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Repeated assessments Application of information to make
educational decisions Written notification to parents
Student performance data collected and general education services to be provided
Strategies for increasing rate of learning Parents’ right to request an evaluation
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School selects structure and components Criteria for determining levels of intervention Types of interventions Amount and nature of performance data to be collected Manner and frequency for progress monitoring
Ensure fidelity of implementation Staff knowledge and skills to implement RtI Program is implemented consistent with the RtI structure and
components selected
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Referrals when using RtI
School district must initiate a referral and promptly request parent consent to evaluate a student who: has not made adequate progress after an
appropriate period of time when provided instruction in a “response-to-intervention” process (§100.2(ii))
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Learning Disabilities (LD) May not rely on any single procedure Must include observation of student’s academic
performance in the regular classroom Before referral With parent consent, after the referral Must be conducted by CSE member
Q: If you use an RtI process, must you still conduct a complete individual evaluation?
A: Yes
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Are learning problems the result of lack of appropriate instruction in math and reading?
Data that demonstrates that prior to, or as part of, the referral process, the student was provided appropriate instruction in regular education settings, delivered by qualified personnel;
Data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment of student progress during instruction Information must have been provided to
parents prior to referral
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Who makes the LD determination?
CSE Must include student’s regular education
teacher; and At least one person qualified to conduct
individual diagnostic examinations (e.g., school psychologist, speech/language pathologist, reading teacher)
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State Criteria for LD
1. Student does not achieve adequately for age or standards;
and2. Student either:
does not make progress (RtI)
or exhibits a pattern of strengths and weaknesses in:
performance, achievement, or both relative to age, standards or intellectual development;
and
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3. Not result of: visual, hearing or motor disability; mental retardation; emotional disturbance; cultural factors; environmental or economic disadvantage; or limited English proficiency
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Use of significant discrepancy
State does not prohibit its use Except that effective on or after July 1,
2012 (5 years), a school district shall not use the severe discrepancy criteria for: LD determination in reading for students in
grades K-4.
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Written report of LD Determination
1. Does student have a LD?
2. Basis for making the determination?
3. Relevant behavior noted during the observation and the relationship of the behavior to the student’s academic functioning
4. Educationally relevant medical findings
5. Does the student meet the State’s criteria?
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6. Determination of the CSE regarding exclusionary factors
7. If student participated in RtI: Instructional strategies used and the student centered data
collected; and Documentation that parents were notified
amount and nature of student performance data, general education strategies used for increasing the
student’s rate of learning; and right to request a special education evaluation.
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Proposals to Advance RtI Implementation
RtI Technical Assistance Center (RtI-TAC) Connect to new federally-funded National RtI
Center Grants to schools to implement RtI
Selected schools throughout NYS
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RtI Resources/Links
www.nrcld.org www.ncld.org www.nasdse.org www.aimsweb.com www.dibels.org www.interventioncentral.org