Forms Training: Day 1

1. Forms Training: Day 1 Wyoming Department of Education Special Programs Division Stephanie Weaver, Deputy Director Lenore Knudtson, Consultant

2. The Beginning of the Story Special educators must be good story tellers.

3. Analogy: A comparison between two things. • We encourage you to think about a student’s special education history as storytelling. • As with all stories, the special education story has a beginning, middle and end. • The WDE model forms will help guide the IEP team through the process of telling an epic story, understandable to the complete stranger, and defensible to the most enthusiastic challenge.

4. MODEL: A system or thing used as an example. • These are MODEL forms. Districts are free to develop their own forms, but remain responsible for all of the required content. • The up-to-date model forms are dated 05/02/2011. Input from the forms training resulted in minor changes to some forms. The amended forms are distinguished by the “v.2” after the date. Earlier versions should not be used.

5. The Organizational Tool

8. The Multi-Tool

9. Prior Written Notice • The IEP team’s multi-tool. • It does just about everything. • Use it often for best results.

10. Critical form for storytelling and protection.

11. 34 C.F.R. §300.503 • (a) Notice. Written notice that meets the requirements of paragraph (b) of this section must be given to the parents of a child with a disability a reasonable time before the public agency— • (1) Proposes to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child; or • (2) Refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child.

12. (b) Content of notice. The notice required under paragraph (a) of this section must include— • (1) A description of the action proposed or refused by the agency; • (2) An explanation of why the agency proposes or refuses to take the 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 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; • (5) Sources for parents to contact to obtain assistance in understanding the provisions of this part; • (6) A description of other options that 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.

13. (c) Notice in understandable language. • (1) The notice required under paragraph (a) of this section must be— • (i) Written in language understandable to the general public; and • (ii) 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. • (2) 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— • (i) That the notice is translated orally or by other means to the parent in his or her native language or other mode of communication; • (ii) That the parent understands the content of the notice; and • (iii) That there is written evidence that the requirements in paragraphs (c)(2)(i) and (ii) of this section have been met.

14. The Purpose of Prior Written Notice • PWN triggers the parent’s opportunity to object to the proposal or refusal. • Consider: District proposes a change from a full time mainstream placement to full time resource room in a program housed in another school. • PWN issued by the District explains the proposal. • Parent has the opportunity to object, formally or informally. • Parent files for due process, triggering stay-put. • Child stays in the full time mainstream placement.

15. Not to be confused with. . . • The Notice of Team Meeting is used throughout the process to summon together a team of people to collectively address student needs. • It is typically the IEP team, but not always. • This Notice must • Be given to parents early enough to ensure that they will have an opportunity to attend by scheduling the meeting at a mutually agreed on time and place, and • indicate the purpose, time and location of the meeting, and who will be in attendance. • 34 C.F.R. §300.322.

18. This page is for convenience only.

19. The beginning of the story.

20. The Referral • 34 C.F.R. §300.301(b) Request for initial evaluation. • Consistent with the consent requirements, either a parent of a child or a public agency may initiate a request for an initial evaluation to determine if the child is a child with a disability. • The referral is the BEGINNING OF THE STORY. • Important procedural safeguards attach at the point of the referral.

23. Processing the Referral • Upon receipt of a referral, it must be processed: • Interventions? • Evaluation? • Make sure you tell the next part of the story: • PWN declining to conduct an evaluation, or • Plan the evaluation.

24. Referral Processing No suspicion Suspicion Propose an evaluation, Issue PWN, and Seek consent to evaluate. • Issue a PWN declining to conduct the evaluation. • Thoroughly document the reasons the team DOES NOT suspect a disability or need for special education.

25. INITIAL EVALUATION FLOWCHART Initial Evaluation Determination: 34 C.F.R. §300.305(a)(2)(i)(A) Does the child have an IDEA disability? AND Does the child need special education and related services?

26. Review of Existing Data • Every evaluation begins with a review of existing data. • Based on that review, the team must determine what, if any, additional assessments are needed to answer the evaluation questions. • If needed, data must be collected to answer ALL evaluation question.

28. Evaluation • 34 C.F.R. §300.304(c)(6) • Each public agency must ensure that – • In evaluating each child with a disability, the evaluation is sufficiently comprehensive to identify all of the child’s special education and related services needs, whether or not commonly linked to the disability category in which the child has been classified.

29. Prior Written NoticeConsent for Evaluation • This form is used at the initial evaluation and for all reevaluations. • The sequence is important! Follow the form.

33. Tell the story of why evaluation makes sense.

34. This date starts the 60 day timeline.

35. Evaluation Report • Once the evaluation is complete, a report must be generated to summarize assessment results. 34 C.F.R. §300.306(a)(2). • Upon completion of the administration of assessments and other evaluation measures – • The public agency provides a copy of the evaluation report and documentation of eligibility at no cost to the parent.

36. Eligibility • Eligibility is a two-prong test. • The student must meet the criteria in one of the 13 categories, AND • Must, by reason thereof, need special education. • 34 C.F.R. §§300.8 and 300.306(a). • If a child only needs a related service and NOT special education, the child is not a child with a disability under the IDEA.

47. Speech Language disability was removed as an option.