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Referrals, Evaluations and Eligibility Determinations. Office of Vocational and Educational Services for Individuals with Disabilities Special Education Policy Update Session Fall 2007. 1. Referrals for Initial Evaluation. Who may initiate a referral?. Referral for initial evaluations

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Referrals evaluations and eligibility determinations

Referrals, Evaluations and Eligibility Determinations

Office of Vocational and Educational Services for Individuals with Disabilities

Special Education Policy Update Session

Fall 2007



Who may initiate a referral
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



60 calendar days to complete evaluation
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)


Observation 200 4 b 1 v ii
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


  • 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



Sources of information
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.


Board of education responsibilities 200 2 b 7
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


Rti programs 100 2 ii
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


  • 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


  • 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


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))

Referrals when using RtI


Learning disabilities ld
Learning Disabilities (LD) request parent consent to evaluate a student who:

  • 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


Are learning problems the result of lack of appropriate instruction in math and reading
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


Who makes the ld determination
Who makes the LD determination? instruction in math and reading?

  • 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)


State criteria for ld
State Criteria for LD instruction in math and reading?

  • Student does not achieve adequately for age or standards;

    and

  • 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


  • Not result of: instruction in math and reading?

    • visual, hearing or motor disability;

    • mental retardation;

    • emotional disturbance;

    • cultural factors;

    • environmental or economic disadvantage; or

    • limited English proficiency


Use of significant discrepancy
Use of significant discrepancy instruction in math and reading?

  • 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.


Written report of ld determination
Written report of LD Determination instruction in math and reading?

  • Does student have a LD?

  • Basis for making the determination?

  • Relevant behavior noted during the observation and the relationship of the behavior to the student’s academic functioning

  • Educationally relevant medical findings

  • Does the student meet the State’s criteria?


  • Determination of the CSE regarding instruction in math and reading?exclusionary factors

  • 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.


Proposals to advance rti implementation
Proposals to Advance RtI Implementation instruction in math and reading?

  • RtI Technical Assistance Center (RtI-TAC)

    • Connect to new federally-funded National RtI Center

  • Grants to schools to implement RtI

    • Selected schools throughout NYS


Rti resources links
RtI Resources/Links instruction in math and reading?

  • www.nrcld.org

  • www.ncld.org

  • www.nasdse.org

  • www.aimsweb.com

  • www.dibels.org

  • www.interventioncentral.org


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