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Learn about referrals, evaluations, and eligibility determinations in special education, including who can initiate a referral, timelines, observation requirements, independent educational evaluations, eligibility determinations, and the Response to Intervention (RtI) process.
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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
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 • 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) • 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 • 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) • 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) • 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
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) • 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? • 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? • 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 • 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: • visual, hearing or motor disability; • mental retardation; • emotional disturbance; • cultural factors; • environmental or economic disadvantage; or • limited English proficiency
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.
Written report of LD Determination • 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 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 • 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 • www.nrcld.org • www.ncld.org • www.nasdse.org • www.aimsweb.com • www.dibels.org • www.interventioncentral.org