What s New in the NC Policies Governing Services for Children with Disabilities Policy, Monitoring, and Audit Section

1. What’s New in the NC Policies Governing Services for Children with Disabilities?Policy, Monitoring, and Audit Section Most recent amendments became effective on June 3, 2010.Most recent amendments became effective on June 3, 2010.

2. Key Changes 2 Most recent amendments became effective June 3, 2010.Most recent amendments became effective June 3, 2010.

3. Screenings and evaluations, NC 1500-2.11(a); Child find, NC 1501-2.9(d); State complaints, NC 1501-10.2(c)(1); Revocation of parental consent for services, NC 1503-1(b)(3-4); Specific learning disability, NC 1503-2.5(d)(11); Disciplinary procedures, NC 1504-2.1(d)(1)(ii) and NC 1504-2.9(a) and (b)(3); Preschool grants, NC 1507-1; Prior written notice (PWN), NC 1504-1.4 (a-c). 3

4. Note: The determination of needed screenings and evaluations is based upon the unique needs of the student and not solely on the requirements for the suspected disability category. 4

5. Timeline for responding to a notification made by person other than parent or LEA. Within thirty (30) days of receipt of written notification of concerns regarding a child, the LEA shall issue a written response to the child’s parent. 5

6. The response shall include either an explanation of reasons the LEA will not pursue the concerns or a date for a meeting in which the LEA and parent will review existing data and determine whether a referral for consideration of eligibility for special education is necessary. Such meeting must be held within a reasonable time. 6

7. The State Educational Agency (SEA) may accept and resolve complaints regarding continuous violations outside the one-year time limit when extraordinary circumstances exist... 7

8. If, at any time subsequent to the initial provision of special education and related services, the parent of a child revokes consent in writing for the continued provision of special education and related services, the public agency: May not continue to provide special education and related services to the child, but must provide prior written notice before ceasing the provision of special education and related services; ... 8

9. May not use the procedures in NC 1504 (Procedural Safeguards) including the mediation or the due process procedures in order to obtain agreement or a ruling that the services may be provided to the child; Will not be considered to be in violation of the requirement to make a FAPE available to the child because of ... 9

10. ...the failure to provide the child with further special education and related services; and Is not required to convene an IEP Team meeting or develop an IEP for the child for further provision of special education and related services. 10

11. Complete rewrite using the federal analysis for eligibility. Two methods: Use of a discrepancy or the alternative to a discrepancy, and Use of a process based on scientifically research-based interventions. Use number 1 or number 2 above to meet the criteria in subsections (A), (B), (C) and (D). 11 In 2007 there was an effort to separate the eligibility criteria for the two methods used to determine eligibility. This created confusion. NC 1503-1 is a complete rewrite using the federal analysis. In 2007 there was an effort to separate the eligibility criteria for the two methods used to determine eligibility. This created confusion. NC 1503-1 is a complete rewrite using the federal analysis.

12. The child does not achieve adequately for the child’s age, intellectual development or to meet State-approved grade-level standards in one or more of the eight areas when provided with learning experiences and instruction appropriate for the child’s age or State-approved grade-level standards.... 12

13. * Clarified alternative to the discrepancy. When the parent and team of qualified professionals, including at least one person qualified to conduct individual diagnostic examinations, determine that a discrepancy of fewer than 15 points is not an accurate reflection of the student’s academic functioning, the team must document other sources of evidence to support an eligibility determination.... 13 This is not a third method for eligibility.This is not a third method for eligibility.

14. ... These sources of evidence may include, but are to limited to, the following: Other formal or informal assessment measures; Classroom performance; Pre- and post-data from required scientifically research-based interventions; or A pattern of strengths and weaknesses not reflected in the student’s performance on standardized cognitive and/or achievement measures. 14

15. The Policies were revised to align with the federal regulations by including as appropriate, in the following circumstances: When removed for more than ten consecutive schools days and behavior is not a manifestation or when removed under the special circumstances provision... 15

16. ... the child with a disability must receive, as appropriate, a functional behavior assessment (FBA) and behavioral intervention services and modifications designed to address the behavior so that it does not recur.... 16

17. ... continued appropriateness of the homebound instruction shall be evaluated monthly by the designee or designees of the student's IEP Team. Provide behavior intervention services to the extent required by NC 1504-2.1 (d) page 103, and (f) page 104. 17 NC 1504-2.1 (d) removed more than 10 consecutive school days and behavior not a manifestation, or (g) special circumstances - the child with a disability must receive, as appropriate, an FBA, or review current one; and behavioral intervention services and modifications designed to address the behavior so that it does not recur.... NC 1504-2.1 (f) Behavior is a manifestation, Team must conduct FBA or review current one; develop BIP or review current one NC 1504-2.1 (d) removed more than 10 consecutive school days and behavior not a manifestation, or (g) special circumstances - the child with a disability must receive, as appropriate, an FBA, or review current one; and behavioral intervention services and modifications designed to address the behavior so that it does not recur.... NC 1504-2.1 (f) Behavior is a manifestation, Team must conduct FBA or review current one; develop BIP or review current one

18. Clarifies that 619 grants are provided to assist LEAs with services for preschool children with disabilities, who are three and four-years-old and those five-year old children who are not eligible for kindergarten. 18

19. Prior Written Notice (DEC 5) 19

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22. 22 Reasonable is generally considered to be 7-10 days; however, it could be less than 7 days depending upon the circumstances. NC 1503-4.1(a) The IEP must include... (7) The projected date for the beginning of the services and modifications described in paragraph (a)(4) of this section; and the anticipated frequency, location, and duration of those services and modifications. Example: If the meeting is on Friday afternoon and the parent participates in the meeting then the IEP Team may decide to implement a change beginning on Monday morning or later. Changing the focus of an IEP annual goal from basic calculation to problem-solving is a change in the provision of a FAPE to the child, but the implementation should go smoothly and Monday after the Friday meeting should be a reasonable length of time. Changing the educational placement from regular to separate involves changing the child's class schedule, informing teachers, etc. Having met on Friday afternoon, it is doubtful that this could be accomplished by Monday morning.Reasonable is generally considered to be 7-10 days; however, it could be less than 7 days depending upon the circumstances. NC 1503-4.1(a) The IEP must include... (7) The projected date for the beginning of the services and modifications described in paragraph (a)(4) of this section; and the anticipated frequency, location, and duration of those services and modifications. Example: If the meeting is on Friday afternoon and the parent participates in the meeting then the IEP Team may decide to implement a change beginning on Monday morning or later. Changing the focus of an IEP annual goal from basic calculation to problem-solving is a change in the provision of a FAPE to the child, but the implementation should go smoothly and Monday after the Friday meeting should be a reasonable length of time. Changing the educational placement from regular to separate involves changing the child's class schedule, informing teachers, etc. Having met on Friday afternoon, it is doubtful that this could be accomplished by Monday morning.

23. 23 The notice required under paragraph (a) of this section must include 7 elements: A description of the action(s) proposed or refused by the LEA; An explanation of why the LEA proposes or refuses to take the action(s); (Each action taken must be included.)

24. A description of each evaluation procedure, assessment, record, or report the LEA used as a basis for the proposed or refused action(s); A statement that the parents of a child with a disability have protection under the procedural safeguards of this part and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained (pre-printed on the DEC 5); ... 24

25. Sources for parents to contact to obtain assistance in understanding the provisions of this part (pre-printed on the DEC 5); A description of other options that the IEP Team considered and the reasons why those options were rejected; and A description of other factors that are relevant to the LEA's proposal or refusal. 25

26. The notice required under paragraph (a) of this section must be: Written in language understandable to the general public, and Provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so. 26

27. If the native language or other mode of communication of the parent is not a written language, the public agency must take steps to ensure: That the notice is translated orally or by other means to the parent in his or her native language or other mode of communication;... 27 The parent must be able to understand the content of the form after the meeting; therefore, it is prudent to translate everything written on the form.The parent must be able to understand the content of the form after the meeting; therefore, it is prudent to translate everything written on the form.

28. ...That the parent understands the content of the notice; and That there is written evidence that the requirements in the paragraphs of the previous slide have been met. 28

29. 29 Prior Written Notice Q & A taken from the Office of Special Education Programs (OSEP) Letter to Lieberman written in response to her questions about the content of the prior written notice.Q & A taken from the Office of Special Education Programs (OSEP) Letter to Lieberman written in response to her questions about the content of the prior written notice.

30. More generally, is the notice requirement intended to provide the parent with notice of a proposed change with which the parent does not or may not agree? 30 Q & A taken from the Office of Special Education Programs (OSEP) Letter to Lieberman written in response to her questions about the content of the prior written notice. Q & A taken from the Office of Special Education Programs (OSEP) Letter to Lieberman written in response to her questions about the content of the prior written notice.

31. 31 Q & A taken from the Office of Special Education Programs (OSEP) Letter to Lieberman written in response to her questions about the content of the prior written notice. Q & A taken from the Office of Special Education Programs (OSEP) Letter to Lieberman written in response to her questions about the content of the prior written notice.

32. 32 Prior Written NoticeChanges to the Provision of a FAPE Q & A taken from the Office of Special Education Programs (OSEP) Letter to Lieberman written in response to her questions about the content of the prior written notice. Q & A taken from the Office of Special Education Programs (OSEP) Letter to Lieberman written in response to her questions about the content of the prior written notice.

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35. 35 Susie’s fluency rate is now even with that of her nondisabled peers. When passages are read aloud, her average score for comprehension is 90%. She needs to work toward becoming an independent reader; therefore, we propose removing the accommodation of read everything aloud and using read unfamiliar words aloud upon student request for tests.

36. We considered developing an annual goal to address reading fluency, and removing the read aloud accommodation for class, district-wide, and statewide tests. 36

37. Increasing the rate of reading fluency is a goal for all students. Now that Susie is at the appropriate level, we will continue with instruction, but not at the intensive level she had with the special education teacher. The general education teacher will closely monitor Susie’s comprehension of grade-level texts and classwork that she reads by herself in the general education classroom.... 37

38. ...If she does not make progress at a satisfactory rate, the IEP Team will meet to review the IEP. Completely removing any read aloud accommodation was rejected because Susie has used this accommodation for several years and needs an adjustment period. 38

39. We used Susie’s scores on two educational tests that measure reading fluency, one was an oral test and the other one involved Susie reading silently. We compared Susie’s scores and classwork with that of her peers. 39

40. Susie’s cooperation and strong work ethic were considered relevant to this proposal. 40

41.  John Doe

42. The LEA must notify the parent of the date that the provision of special education and any related services will end. 42

43. The LEA's proposal is that special education and related services to your child end on November 3, 2010. 43

44. At the most recent eligibility meeting, the LEA determined that your child was or continued to be eligible for special education and related services. 44

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46. The basis for the proposed action is the parents’ October 29, 2010 written revocation of consent. 46

47. Beginning on the above proposed date, the LEA is not required to: Provide your child a free appropriate public education (FAPE); Amend your child’s education records to remove any reference to your child’s receipt of special education services; Apply disciplinary protections should your child engage in behavior that violates the code of student conduct; ... 47

48. Conduct reevaluations; Convene an IEP Team meeting, or develop an IEP for your child; Provide accommodations and/or modifications for classroom, statewide, and district-wide assessments; Provide special transportation; Provide post-secondary transition services; or Other: Your child will be subject to all general education requirements regarding assessments, graduation, etc. 48

49. After the revocation of consent becomes effective, if you change your mind and request that your child receive special education and related services, you will be required to refer your child for an initial evaluation. The IEP Team will follow the North Carolina Policies Governing Services for Children with Disabilities, including all associated timelines, to determine initial special education eligibility. Additionally, LEA personnel may refer your child for an initial evaluation as part of the LEA’s obligation to conduct child find. 49

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51. On your way out, please turn in your feedback form andpick up the additional handouts listed below. Thank You for joining us this morning! Letter from Mary Watson, our State Director Letter to Lieberman U.S. Office of Special Education Programs (OSEP) August 15, 2008. Contains an excellent Q & A regarding when prior written notice is needed. Non-Regulatory Guidance from OSEP April 2009. Contains information on parental revocation of consent for services. 51

52. Policy, Monitoring and Audit Section Eileen Davison, Monitoring Consultant 919.807.3921 edavison@dpi.state.nc.us Pollye Pruitt, Dispute Resolution Consultant 919.807.4024 ppruitt@dpi.state.nc.us 52