Student Services Special Education Procedural Manual El Rancho Unified School District Table of Contents Title Page Introduction…………………………………………………………………………………………………………………………..…... 4 Chapter 1 – Introduction to Special Education Laws and Regulations …………………………..…………..…… 6 Section A - Federal Legal Requirements Section B - IDEA Section C - Child Find Section D - FAPE Section E - LRE Section F - Resources for Federal and State Educational Codes Chapter 2 – Referral to Intervention ……………………………………………………………………..……………..……..… 14 Section A - Why is Intervention necessary? Section B - Student Study Team (SST) Section C - Student Study Team Process/Speech and Language Referral Procedures Chapter 3 – Referral, Assessment, and Eligibility for Special Education Assessment ………………….... 22 Section A - Referral procedures Section B - Eligibility under IDEA Section C - Initial Assessment Section D - Triennial Assessments Section E - Private School Assessments Section F - Bilingual Assessments Section G - Non-Public School/Non-Public Agency Section H - Independent Education Evaluations Section I - Low Incidence Chapter 4 – IEP Process ………………………………………………………………………………………………………..………… 48 Section A - Reason to hold an IEP Section B – Implementation of the IEP Section C – IEP Review and Re-Evaluation Section D- Constructing the IEP through SEIS Chapter 5 – Placement and Programming ……………………………………..………………………………………..….. 54 Section A - Continuum of Special Education Services and Program Options Section B - Introduction Section C - General Education Section D- Designated Instructional Services (DIS) Section E- Continuum of Special Education Program Options and Descriptions Section F- Nonpublic School/Nonpublic Agency Section G- Home/Hospital Instruction (H/H) Section H- Extended School Year (ESY) Section I- Consultation for Change of Placement Chapter 6 – Supports and Related Services……………..…………………………………………………………..…..… 68 Section A - APE, LSH, OT, VI, DHH, OM, AT, PT Section B – SSA Process Chapter 7 – Transition Planning and Articulation …………..………………………………….…………………..….. 83 Section A – Transition from Infant Services to Preschool Section B – Transition from Preschool to Kindergarten Section C – Transition from Elementary to Middle School Section D – Transition from Middle School to High School Section E- Transition from High School to Adult Life Section F - Dismissal from special education services (Students aging out) Chapter 8 – Behavior Support and Interventions …………………………………….…………………………….…... 94 Section A – Progression of Behavior Interventions Section B – Behavior Support Plans (BSP)/Behavior Intervention Plans (BIP) Section C – Overview of Procedural Safeguards (Suspensions, Expulsions, Manifestation Determination Procedures) Section D – Weapons, Drugs or Serious Injury Procedures Section E- Blank Behavior Forms and Sample Completed Forms Chapter 9- Early Informal Dispute Resolution (EIDR) Process…………………………………………………… 120 Section A- Process Section B- Forms Chapter 10 – State and District Assessments………………………………………………………………………Coming Soon Chapter 11 – Promotions and Retention…………………………………………………………………………..Coming Soon Section A - Process Section B - Who to invite Appendix………………………………………………………………………………………………………………………………………. 132 Acronyms Frequently Asked Questions Directory Who To Call (Organizational Chart) INTRODUCTION ERUSD Mission Statement: The mission of the El Rancho Unified School District, in partnership with the community, is to provide an innovative and challenging learning environment that promotes excellence. We will prepare students as life-long learners to succeed academically, intellectually, socially, emotionally and culturally. Purpose: This Student Services and Special Education procedural handbook is to serve as a consistent resource and guide for the identification, assessment, placement and instruction of students with exceptional needs as well as to provide a clear, consistent, systematic approach to best practices for all students. This document describes the policies and procedures governing the education of students with disabilities in the El Rancho Unified School District (ERUSD). These services are governed by a variety of federal laws and regulations, including, but not limited to, the Individuals with Disabilities Education Act (IDEA), and are implemented through state law and mandate. ERUSD Special Education/Student Services Handbook Committee Members: Larry Brunson Kristine Ramos Micki Webb Paula Miller Victoria Gluck Vira Caro-Michel Sylvia Mendoza Dena Pegadiotes Administration: Larry Brunson Director of Student Services Glenn Edwards Program Specialist Paula Miller Program Specialist, WACSEP (SELPA) Vira Caro-Michel School Psychologist/Behavior Specialist ACKNOWLEDGEMENTS This Special Education Procedural Manual is to serve as a resource and guidance for the identification, assessment, placement, and instruction of students with exceptional needs. In addition, the Student Services Special Education Procedural Manual provides a description of the special education program currently operated in the district and the Whittier Area Cooperative Special Education Program (WACSEP/SELPA). As changes occur in Federal and State laws and regulations, and district policies and procedures, the necessary modification to this Manual will be made. Reference materials used in developing this Procedural Manual were provided by the following agencies: Pasadena Unified School District Sacramento School District San Diego Unified School District Ventura County School District West End Special Education Local Plan Area Ontario-Montclair School District Whittier Area Cooperative Special Education Programs It is our hope that all staff will find this procedural manual helpful in designing instructional programs and determining support services to meet the needs of the students and families we have the honor and privilege to serve. Chapter 1 Introduction to Special Education Laws and Regulations Section A – Federal Legal Requirements Section B – IDEA Section C – Child Find Section D – FAPE Section E – Least Restrictive Environment Section F – Resources for Federal and State Educational Codes Section A– Federal Legal Requirements The Education of the Handicapped Act, Public Law (P.L.) 94-142, was passed by Congress in 1975 and amended by P.L. 99-457 in 1986 to ensure that children with disabilities (birth to 21) would have: The right to a “free, appropriate public education” (FAPE) at public expense. (In some cases, this may include placing a child in a private school); The right to an educational placement that is based on unbiased assessment and evaluation of each child’s own special needs; The right for children with disabilities to receive instruction that is designed to meet their needs; these needs are to be clearly written and included in an Individualized Education Program (IEP) for each child, with statements about what services the child will receive; The right to a full range of educational services that may include related services such as counseling, special transportation, speech/language therapy, or adapted physical education (A.P.E.), etc.; The right for parents (or guardians) to be included in making decisions about their child’s educational needs and to approve the educational plans for their child; The right for children with disabilities to be educated in the “Least Restrictive Environment” (LRE), that is, in the most normal school setting possible, with special help provided to make the implementation of the IEP successful, and; The right for parents (or guardians) to appeal any decisions made about the identification, evaluation, and placement of the child through a due process procedure. Section B – Individuals with Disabilities Education Act Public Law 94-142, also known as the Education for All Handicapped Children Act (P.L. 94-142), and its extension, P.L. 99-457, were amended again in 1990, and the name was changed to the Individuals with Disabilities Education Act (P.L. 101-476) or IDEA. In 2004, IDEA was reauthorized and modified to align more closely with the goals of the No Child Left Behind (NCLB) Act. The new law preserves the basic structure and civil rights guarantees of IDEA but also makes significant changes in the law. The resultant legislation is entitled the Individuals with Disabilities Education Improvement Act (IDEIA). Key Provisions of IDEIA 2004 include: A. MEDICATION 1. The state education agency must prohibit school district personnel from requiring a child to obtain a prescription for medication as a condition of attending school or receiving an evaluation or services. B. EVALUATION AND IEPS 1. Timelines: Exceptions have been added to the state mandated time frame for conducting an initial evaluation. The timeline does not apply if: An initial evaluation was begun but prior to the determination of eligibility, the child transfers to another district; if the district is making sufficient progress to ensure prompt completion and the parent and district agree to a specific timeline. The parent of a child repeatedly fails or refuses to produce the child. 2. Parent Refuses Consent: If the parent refuses to provide consent to initiate special education and related services The district cannot utilize due process to obtain consent. The district will not be considered in violation of the requirement to provide FAPE. The district will not be required to convene an IEP team meeting or develop an IEP. 3. Screening: The screening of a student by a teacher or specialist to determine appropriate strategies is not considered an evaluation [for which consent is required.] 4. Re-evaluation: A re-evaluation will occur not more frequently than once a year, unless the parent and the district agree otherwise. A reevaluation will be conducted at least once every three years, unless the parents and district agree that an evaluation is unnecessary. A school district may use a process that determines if the child responds to scientific, research-based intervention as a part of the evaluation procedures. 5. Goals and Objectives: IEPs will include a description of benchmarks or short-term objectives, for children who take alternate assessments aligned to alternate achievement standards. 5. Pending assessment from another district: Assessments of students who transfer from one school district to another in the same academic year should be coordinated to ensure prompt completion. 6. Response to Intervention: When determining whether a child has a specific learning disability, a school district is not required to take into consideration whether a child has a severe discrepancy between achievement and intellectual ability in oral expression, basic reading skill, reading comprehension, mathematical expression, or basic mathematical reasoning. A school district may use a process that determines if the child responds to scientific, research-based intervention as a part of the evaluation procedures. 7. Goals and Objectives: IEPs will include a description of benchmarks or short-term objectives, for children who take alternate assessments aligned to alternate achievement standards. 8. Progress report: IEPs will include a description of how the child’s progress toward meeting annual goals will be measured and when periodic reports – concurrent with the issuance of a report card- will be provided. 9. Transition Goals: The requirement to include courses of study at age 14 as part of transition in an IEP has been eliminated. Not later than the first IEP to be in effect when the child turns 16 and updated annually: Appropriate measurable post-secondary goals based on appropriate transition assessments related to training, education, employment and, where appropriate, independent living skills; The transition services (including courses of study) needed to assist the child in reaching those goals. 10. Attendance of IEP team members: An IEP team member may be excused from attending an IEP meeting in whole or in part, if the parent and district agree that the team member’s area is not being discussed or modified. An IEP team member may be excused from attending an IEP meeting in whole or in part, when the meeting involves modification or discussion of the member’s area, if: o The parent and district consent to the excusal; and o The member submits in writing to the parent and other members of the IEP team input into the development of the IEP prior to the meeting. 11. IEP Amendments: After the annual IEP meeting, the district and parent may agree to modify the IEP without having a meeting. A written document amending the IEP would be developed instead. The entire IEP does not have to be redrafted. Upon request, the parent must be provided with a revised copy of the IEP with the amendments incorporated. To the extent possible, re-evaluation meetings and other IEP team meetings should be consolidated. C. PROCEDURAL SAFEGUARDS 1. Mediation-Due Process: A two-year limitation for filing a request for a due process hearing has been added. o Time limit: from the time the parent or public agency knew or should have known about the alleged action that forms the basis of the complaint. o Exceptions to the time limit: if the LEA misrepresented that the problem was resolved or the LEA withheld required information. D. PARENTAL RIGHTS 1. A copy of the procedural safeguards statement is given one time a year and also Upon initial referral or parental request for an evaluation Upon first filing of a request for a due process hearing Upon request by the parent. E. DISCIPLINE A child who is removed from his current placement for disciplinary reasons must continue to receive services and as appropriate, a functional behavioral assessment, behavioral intervention services and modifications, that are designed to address the behavior violation so that it does not recur. Within 10 days of any decision to change the child’s placement due to a violation of the code of conduct, the IEP team must conduct a manifestation determination. The conduct is considered a manifestation of the child’s disability if: o The conduct was in question was caused by, or had a direct and substantial relationship to the child’s disability; or o The conduct was the direct result of the district’s failure to implement the IEP. If the behavior was a manifestation the IEP team must: o Implement a BIP provided the district had not conducted such an assessment prior to the manifestation determination. o Where a BIP has been developed, review the plan and modify as necessary to address the behavior. o Except where a child is removed to an Interim Alternative Educational Setting (IAES) for 45 school days, return the child to the placement from which the child was removed unless the parent and the district agree to a change of placement as part of the BIP. o Refer to Chapter 8 for further information. Section C – Child Find Federal Law and the California State Master Plan require that each school district, special education local plan area, or county office actively and systematically seek individuals with exceptional needs, ages birth through 21 years, through established procedures for the referral, assessment and identification of students needing special educational instruction and services. (EC 56300) El Rancho Unified School District has an affirmative obligation to actively locate, identify, and assess all students within its boundaries who may require special education services. Referral/Procedures I. Parent/Legal Guardian Referral All referrals for special education and related services shall initiate the process to determine if an assessment is warranted and shall be documented. When a verbal referral is made, staff shall offer assistance to the parents (or legal guardians) and explain the need for a written request for assessment for special education consideration. When school staff receives a written request for assessment, the following steps should be taken: Initial and record date written request was received Notify the school site administrator Contact the school psychologist immediately Provide the school psychologist with a copy of the letter Next steps may include: 1. Designated school staff to contact parent 2. When possible, Student Study Team meeting should be convened to gather further information. Student Study Team meeting should be scheduled as soon as possible, but no later than 15 days of receipt of parent request. 3. If School Appraisal Team determines case is appropriate for assessment, designated staff will develop assessment plan within 15 days of receipt of parent request. 4. If School Appraisal Team determines case is not appropriate for assessment, parent will be asked to rescind request for assessment in writing. If parent declines to rescind the request for assessment, Special education administration needs to be contacted immediately and will make the final decision as to whether to formally decline parent request or to proceed with assessment. Parents shall be informed of the need to file a written request when a verbal request is made. They shall be informed both verbally and in writing in their primary language, unless to do so is clearly not feasible. Assistance in providing a written request will be provided as needed. Written referrals in languages other than English will be accepted. II. School-Based Referrals: School personnel have the responsibility to identify, serve, and/or refer for services any student that has exceptional needs. Referrals for special education consideration may come from parents or legal guardians, community agencies, teachers, any other concerned individual. Each new case must be brought to the attention of the Student Study Team for screening. III. Infant and Toddlers: Refer the parent to the Student Services Office who will forward the case to the appropriate agency or department. IV. Elementary and Middle School-Age students (not enrolled in ERUSD) Refer the parent to the Student Services Office who will forward the case to the appropriate department. Section D – FAPE Free and Appropriate Public Education is an educational right of children with disabilities in the United States that is guaranteed by the Rehabilitation Act of 1973 and the Individual with Disabilities Education Act (IDEA). Under Section 504, FAPE is defined as “the provision of regular or special education and related aids and services that are designed to meet individual needs of handicapped persons as well as the needs of non-handicapped persons are met and based on adherence to procedural safeguards outlined in the law.” Under the IDEA, FAPE is defined as an educational program that is individualized to a specific child, designed to meet that child's unique needs, provides access to the general curriculum, meets the grade-level standards established by the state, and from which the child receives educational benefit. Section E – Least Restrictive Environment Least restrictive environment means that a student who has a disability should have the opportunity to be educated with non-disabled peers, to the greatest extent appropriate. They should have access to the general education curriculum, extra curriculum, extracurricular activities, or any other program that non-disabled peers would be able to access. The student should be provided with supplementary aids and services necessary to achieve educational goals if placed in a setting with nondisabled peers. Section F – Resources for Federal and State Educational Codes California Education Code :: 2005 California Code law.justia.com/codes/california/2005/edc.html California Laws & Codes - Laws & Regulations (CA Dept of Education) www.cde.ca.gov/re/lr/cl/ Data Collection & Reporting - Special Education (CA Dept of Education) www.cde.ca.gov/sp/se/ds/ Referral to Intervention Section A - Why is Intervention Necessary? Section B - Student Study Team (SST) Section C - Student Study Team Process Section D- Speech and Language Referrals Section A - Why is Intervention Necessary? Current Federal and State Special Education regulations require school districts, as part of the special education eligibility determination, to assure that the suspected disability is not due primarily to lack of instruction, second language acquisition, or environmental factors. The reauthorization of the Individuals with Disabilities Education Act includes a provision that allows school districts to require the implementation of research based interventions prior to considering a student disabled under the category of Specific Learning Disability. Interventions should be considered, documented, and implemented. A pupil shall be referred for special educational instruction and services only after the resources of the regular education program have been considered, and where appropriate, utilized (CEC 56303) Section B - Student Study Team (SST) Definition: The Student Study Team (SST) is a team of regular education teachers supported by special education personnel and other staff members who meet on a regular basis to create alternative solutions for students who are experiencing difficulties and/or problems in the school setting. Purpose: The goal of the Student Study Team is to provide an effective support system of help to classroom teachers, other staff members, students, and parents for resolving schoolrelated concerns and problems. The following areas should be taken into consideration when determining the cause for the concerns: Academic Deficiencies Behavioral/emotional difficulties Poor attendance Vision and/or hearing difficulties Health problems Perceptual-motor difficulties Poor social skills Limited English proficiency Section C - Student Study Team Process When a teacher encounters a student with a recurring academic and/or behavioral problem, he/she will undertake the following steps: ALL STUDENTS: Standards Based Interventions Struggling Students- Convene SST #1 Grade level team meets to discuss interventions TIER 1 Interventions (Attempt 2-4 different strategies with progress monitoring) School Wide Rules School Wide Positive Reinforcement Conference with Parents Teleparent Accommodations/Modifications Progressive Discipline Universal Access PRIM Manual Response to Instruction (RTi) Attendance Letters Extra time & support Tutoring Afterschool Saturday School www.interventioncentral.org Character Education OLWEUS Why Try Good Behavior Game CONCERNS NOT RESOLVED Convene SST#2 CONCERNS RESOLVED No further action Watch and wait TIER 2 INTERVENTIONS (Minimum of 4 weeks with progress monitoring) Language! El Rancho Learning Center Behavior Contract Social Skills Groups Positive Behavior Support Plan SART PRIDE English Language Learner Support Class (ELLSC) Targeted Intervention Class CAHSEE Intervention Classes Counseling Referral/ACCESS Referral to community resources Daily/Weekly Progress Reports Check in/out system Monitoring Tools: Group Referrals Psychologist logs Counselor Logs Attendance Reports Progress assesses at least once per week Team meeting continue to convene to discuss progress or alternative strategies CONCERNS NOT RESOLVED Convene SST #3 TIER 3 INTENSIVE INTERVENTION Referral to Special Education Counseling Referral/ACCESS Section 504 Plan SARB Referral Referral to community agencies Behavior Support Plan/ Functional Behavior Assessment Please keep the intervention pyramid (in your SST notebook) in mind when considering interventions and supports for students and as you navigate through the SST referral process. Please refer to your SST notebook for the forms needed for the SST process. Please refer to your SST handbook for additional resources and information. Speech and Language Referral Procedures When there are concerns that a child may be demonstrating difficulty understanding or using spoken language to the extent that it adversely affects his or her educational performance, the following guidelines should be followed whenever considering a child for special education services under the eligibility category of speech and language impairment for the El Rancho Unified School District. A request for a meeting may be generated by the parents or general education teacher. Each school site has an SST referral form that is required to be filled out and the school site team will schedule the Student Study Team Meeting A referral to the SST team does not automatically mean a speech/language special education evaluation will be done. Speech and Language assessment will be completed only when need is documented. The SST team may include and not limited to the following team members: parent, referral teacher, SLP, administrator, and as needed school psychologist and other specialist/staff. During this meeting the following should be discussed: Strengths, Concerns, Modifications, Questions, Plans, and who will follow up. During this meeting pertinent information would be shared and discussed. The team members would formulate a plan of action including specific recommendations for speech and language accommodations to be implemented by the general education teacher/staff. All of this will be documented on the SST notes page. An SST team meeting may be rescheduled approximately 6-8 weeks after the initial meeting. At that time a final decision in regards to progress measured based on the implementation of the recommendations and accommodations, a recommendation to implement RTI services or the need for a speech and language assessment will be decided by the SST team members. Referral from Parents: Parents may request an evaluation in writing. This includes times when parents are requesting an evaluation and they bring to the school a prescription from a health care professional for special education services. Assessment of language or speech disorder; eligibility for special education and related services; A pupil shall be assessed as having a language or speech disorder which makes his or her eligible for special education and related services when he or she demonstrates difficulty understanding or using spoken language to such an extent that it adversely affects his or her educational performance and cannot be corrected without special education and related services. In order to be eligible for special education and related services, difficulty in understanding or using spoken language shall be assessed by a language, speech, and hearing specialist who determines that such difficulty results from any of the following disorders: (a) Articulation disorders, such that they pupil’s production of speech significantly interferers with communication and attracts adverse attention. (b) Abnormal voice, characterized by persistent, defective voice quality, pitch, or loudness. An appropriate medical examination shall be conducted, where appropriate. (c) Fluency difficulties which result in an abnormal flow of verbal expression to such a degree that these difficulties adversely affect communication between the pupil and listener. (d) Inappropriate or inadequate acquisition, comprehension, or expression of spoken language such that the pupil’s language performance level is found to be significantly below the language performance level of his or her peers. (e) Hearing loss which results in a language or speech disorder and significantly affects educational performance. * This portion of the document contains only the section that pertains to the eligibility criteria for a Language and Speech Disorder.* Educational Service Delivery Approach Options The Speech and Language Program offers a variety of educational service delivery approaches. Service delivery may change as the needs of the student changes. Flexibility is one of the most powerful attributes in providing the appropriate delivery system to benefit the student at a specific time. Please note these may occur in combination: Consultation: SLP’s provide education and support to the classroom teacher, paraprofessional, service providers and/or parents related to the needs of the students with speech and language impairments. Consultation is considered an indirect service delivery approach. Consultation services haven proven as equally effective as direct services for some students as the intervention is: a) set in natural environments, b) embedded in class routines, c) use functional life skills to increase the efficacy of intervention, and d) increase the student’s motivation to participate and achieve their IEP goals. Consultation services also increase the opportunities for collaboration and skill building among team members along with practice opportunities for the child. RTI/Collaboration (Blended Services Model): The SLP works with the classroom/Special Education teacher/s and other service providers to implement an integrated, intervention program in the classroom for students with identified and possible speech and language impairments. The SLP suggest specific techniques for support personnel to use to assist in the carryover of the language skills into everyday life. Implementation of this model supports facilitation of functional communication skills and ways to integrate communication throughout the curriculum and home & school connection. Collaboration combines indirect service with shared decision making. Direct (Pull-out Model): The SLP provides small group and/or individual intervention services that are aligned with classroom standards and curriculum outside of the classroom setting. This is an appropriate model when the student is learning new skills and needs more intense instruction. This model is the traditional model based on a clinical/medical model. Classroom Based: The SLP with/without the classroom teacher provides direct services within the classroom or the natural environment by implementing activities integrated with the curriculum/communication needs. This model involves the use of curriculum in determining a student’s communication needs, enhanced opportunity for generalization and carryover of language skills into everyday life. This is often the delivery of choice for preschool and the severe students. Community Based: The SLP provides services to students within the home/ community (work site). Goals and objectives focus primarily on functional communication skills. This can be considered direct or indirect services. Referral, Assessment, and Eligibility for Special Education Assessment Section A – Referral procedures Section B – Eligibility under IDEA Section C – Initial Assessments Section D – Triennial Assessments Section E – Private School Assessments Section F – Bilingual Assessments Section G – Non-Public School/Non-Public Agency Section H – Independent Education Evaluations Section I – Low Incidence Section A – Referral Procedures For DIS Services (OT, PT, Counseling, Vision Services, Deaf/Hard of Hearing) A related service or designated instruction service (DIS) is added to the child’s individualized education program by the individualized education program team after a formal assessment has been conducted and the specialist conducting the assessment recommended the service in order for the child to benefit from special education. These services can include counseling, Occupational Therapy, Physical Therapy, Vision Services, and Deaf/Hard of Hearing Services. Case manager first informs the school psychologist that he/she has concerns and would like to initiate a referral for service eligibility. The school psychologist, upon agreement in consult with case manger, will provide parent/caregiver with an assessment plan. Upon receipt of a signed (parent/caregiver consent) assessment plan, the school psychologist will assist the case manager in completing the appropriate forms (SEE ATTACHMENTS) for referral for assessment to determine eligibility for the service depending on the type of service and agency/specialist selected by the District to provide the service. School psychologist will assist case manager in gathering the required documents for referral packet and send to appropriate agency. Required documents include: Signed assessment plan Current IEP, including BSP, if applicable Current Psychoeducational evaluation Relevant medical or other agency reports Additional material, as specified in "Referral for Related Services" checklist Once assessment is completed, school psychologist will work with case manager to set up IEP. The specialist completing the assessment must be invited. The Case Manager will send Student Services the IEP and reports once IEP is completed so that they can be logged in and scanned. Section B – Eligibility under IDEA Children with disability from birth to age 22 may be eligible for special education services if the condition of disability impacts the student’s ability to access the general education curriculum without special education supports and/or services. Following are the areas of eligibility as defined by IDEA: Special Education Determination Intellectual Disability (010): CCR, Title 5, Education Section 3030 (h) According to the California Code of Regulations, Title 5, Education Section 3030 (h), this student meets the criteria for intellectual disability. This student has significantly below average general intellectual functioning. Concurrently, this student demonstrates deficits in adaptive behavior that have been manifested during the developmental period and which adversely affect the student’s educational performance. This student demonstrates a need for special education and related services that cannot be offered through other general or categorical services offered within the regular instructional program. Hard of Hearing (020): CCR Title 5, Education Section 3030 (a) According to the California Code of Regulations, Title 5, Education Section 3030 (a), this student does meet the criteria for a hearing impairment. This student has a permanent or fluctuating hearing impairment, which impairs the processing of linguistic information through hearing, even with amplification. The impairment adversely affects the student’s educational performance. In accordance with CCR, Education Code 56320 (h) an evaluation for specialized services, materials, and equipment for pupils with low incidence disabilities will be recommended and carried out as defined by the SELPA plan. This student demonstrates a need for special education and related services that cannot be offered through other general or categorical services offered within the regular instructional program. Deafness (030): CCR, Title 5, Education Section 3030 (a) According to the California Code of Regulations, Title 5, Education Section 3030 (a), this student does meet the criteria for a hearing impairment. This student has a permanent or fluctuating hearing impairment, which impairs the processing of linguistic information through hearing, even with amplification. The impairment adversely affects the student’s educational performance. In accordance with CCR, Education Code 56320 (h) an evaluation for specialized services, materials, and equipment for pupils with low incidence disabilities will be recommended and carried out as defined by the SELPA plan. This student demonstrates a need for special education and related services that cannot be offered through other general or categorical services offered within the regular instructional program. Speech/Language Impairment (040): CCR, Title 5, Education Section 3030 (c) According to the California Code of Regulations, Title 5, Education Section 3030(c), this student does meet the criteria for Special Education as a student with exceptional needs due to a language or speech disorder. A language or speech disorder was identified in one or more of the following criteria: articulation, abnormal voice, fluency disorder, and language disorder (receptive and/or expressive). The impairment adversely affects the student’s educational performance. Difficulty the student may be experiencing in school is not primarily the result of limited school experience; a result of economic, cultural, or environmental disadvantage; and/or poor school attendance. Please see Speech/Language Report for a detailed description of test results and recommendations. This student demonstrates a need for special education and related services that cannot be offered through other general or categorical services offered within the regular instructional program. Visual Impairment (050): California Code of Regulations, Title 5, Education Section 3030 (d) According to the California Code of Regulations, Title 5, Education Section 3030 (d), this student does meet the criteria for a visual impairment. The impairment, even with correction, adversely affects the student’s educational performance. In accordance with CCR, Education Code 56320 (h) an evaluation for specialized services, materials, and equipment for pupils with low incidence disabilities will be recommended and carried out as defined by the SELPA plan. This student demonstrates a need for special education and related services that cannot be offered through other general or categorical services offered within the regular instructional program. Emotional Disturbance (060): CCR, Title 5, Education Section 3030 (i) According to the California Code of Regulations, Title 5, Education Section 3030 (i), this student does meet the criteria for an emotional disturbance. The student exhibits one or more of the following characteristics over a long period of time and to a marked degree, which adversely affect educational performance: an inability to learn which cannot be explained by intellectual, sensory, or health factors; an inability to build or maintain satisfactory interpersonal relationships with peers and teachers; inappropriate types of behavior or feelings under normal circumstances exhibited in several situations; a general pervasive mood of unhappiness or depression; and a tendency to develop physical symptoms or fears associated with personal or school problems. This student demonstrates a need for special education and related services that cannot be offered through other general or categorical services offered within the regular instructional program. Orthopedic Impairment (070): CCR, Title 5, Education Section 3030 (e) According to the California Code of Regulations, Title 5, Education Section 3030 (e), this student does meet the criteria for a severe orthopedic impairment. The impairment, even with correction, adversely affects the student’s educational performance. In accordance with CCR, Education Code 56320 (h) an evaluation for specialized services, materials, and equipment for pupils with low incidence disabilities will be recommended and carried out as defined by the SELPA plan. This student demonstrates a need for special education and related services that cannot be offered through other general or categorical services offered within the regular instructional program. Other Health Impairment (080): CCR, Title 5, Education Section 3030 (f) According to the California Code of Regulations, Title 5, Education Section 3030 (f), this student does meet the criteria for other health impaired. The student has limited strength, vitality, or alertness due to a chronic or acute health problem as documented in the following reports: (list all medical and psychoeducational reports documenting disability). The impairment adversely affects the student’s educational performance. This student demonstrates a need for special education and related services that cannot be offered through other general or categorical services offered within the regular instructional program. Specific Learning Disability (090): CCR, Title 5, Education Section 3030 (j) According to the California Code of Regulations, Title 5, Education Section 3030 (j), this student does meet the criteria for specific learning disability. A processing disorder was identified in one or more of the basic psychological processes: attention, visual processing, auditory processing, sensory-motor skills, association, conceptualization and expression within cognition. A significant discrepancy does exist between ability and achievement in oral expression, listening comprehension, written expression, basic reading skills, reading comprehension, mathematics calculation, and mathematics reasoning. The discrepancy cannot be corrected through other general or categorical services offered within the regular instructional program. Difficulty the student may be experiencing in school is not primarily the result of limited school experience; a result of economic, cultural, or environmental disadvantage; and/or poor school attendance. This student demonstrates a need for special education and related services that cannot be offered through other general or categorical services offered within the regular instructional program. Deaf-Blindness (100): CFR, Title 34, Section 300.7 (c) (2) According to the Code of Federal Regulations, Title 34, Section 300.7 (c) (2), this student does meet the criteria for deaf-blindness. The concomitant of hearing and visual impairments causes severe communication, developmental, and educational needs that cannot be accommodated in special education programs solely for children with deafness or children with blindness. The combinations of the impairments adversely affect the student’s educational performance. In accordance with CCR, Education Code 56320 (h) an evaluation for specialized services, materials, and equipment for pupils with low incidence disabilities will be recommended and carried out as defined by the SELPA plan. This student demonstrates a need for special education and related services that cannot be offered through other general or categorical services offered within the regular instructional program. Multiple Disability (110): CFR, Title 34, Section 300.7 (c) (7) According to the Code of Federal Regulations, Title 34, Section 300.7 (c) (7), this student does meet the criteria for a multiple disability. The student demonstrates concomitant impairments of mental retardation and blindness, mental retardation and orthopedic impairment, etc. (eligibility does not include deaf-blindness). The combination of which causes such severe educational needs that they cannot be accommodated in special education programs solely for one of the impairments. The combination of the impairments adversely affects the student’s educational performance. In accordance with CCR, Education Code 56320 (h) an evaluation for specialized services, materials, and equipment for pupils with low incidence disabilities will be recommended and carried out as defined by the SELPA plan. This student demonstrates a need for special education and related services that cannot be offered through other general or categorical services offered within the regular instructional program. Autism (120): CCR, Title 5, Education Section 3030 (g) According to the California Code of Regulations, Title 5, Education Section 3030 (g), this student does meet the criteria for autism. The student demonstrates a developmental disability significantly affecting verbal communication, non-verbal communication and social interaction, which adversely affects educational performance. Two or more of the following autistic-like behaviors were documented in the current and previously mentioned reports: lack of oral language for appropriate communication (Please see Speech/Language Report for a detailed description of test results); history of extreme withdrawal or relating to people inappropriately and continued impairment in social interaction from infancy through early childhood; an obsession to maintain sameness; extreme preoccupation with objects or inappropriate use of objects; extreme resistance to controls; displays peculiar motoric mannerisms and motility patterns; and self-stimulating and ritualistic behaviors. This student demonstrates a need for special education and related services that cannot be offered through other general or categorical services offered within the regular instructional program. Traumatic Brain Injury (130): CFR, Title 34, Section 300.7 (c) (12) According to the Code of Federal Regulations, Title 34, Section 300.7 (c) (12), this student does meet the criteria for a traumatic brain injury. The student has suffered an injury to the brain caused by an external physical force; resulting in an open or closed head injury that has caused total or partial impairment in one or more areas: language, memory, attention, reasoning, abstract thinking, judgment, problem solving, sensory abilities, perceptual abilities, motor abilities, psychosocial behavior, physical functions, information processing, and speech. The impairment adversely affects the student’s educational performance. This student demonstrates a need for special education and related services that cannot be offered through other general or categorical services offered within the regular instructional program. Section C: Initial Assessment The school psychologist, Occupational Therapist, Physical Therapist, RSP Teacher (RSP for all full battery initial assessments), Speech and Language Pathologist (if appropriate), or other specialist, must the assessment AND hold the IEP meeting within the prescribed timelines (i.e. 60 calendar days from the date of the receipt of the signed consent for assessment from the parent. Date of receipt should be documented on the assessment plan). In order to create the initial assessment plan, for a student who has no prior eligibility for special education, the school psychologist must use SEIS to request that the student to be added to SEIS and develop the assessment plan. The RSP teacher is listed as the case manager until the evaluation findings are presented at the IEP meeting. Case management may then transfer to another special education teacher or specialist depending on the student’s eligibility. The school psychologist will assign the case manager. Typical Flowchart for Initial Referrals (processes may vary – consult school psychologist as needed) Particular need of a student is observed. General education teacher completes SST referral form. Student is referred to SST . Student referred to SST process. General Education Teacher gathers all the required doc. (Checklist for Initials for EO or EL students) and meets with SST. SST (include psy) review & discuss recommendations. Special Note: Suspected SLD cases require implementation of interventions and documentation. Therefore, SST meetings may need to be held in order to assess the effectiveness of the interventions. Special Cases: There are cases in which more severe disabilities are suspected such as ID, ED, or Autism. Therefore, these cases do not require a systematic documentation of intervetions such as for suspected SLD. Please consult with site psychologist on recommendations for these cases. These cases may not require additional SST meetings to review progress of interventions. If appropriate, an outcome of SST process may be that student is referred for inital evaluation. School Psychologist will present parent/caregiver with assessment plan and upon receipt of signed consent on plan will commence the assessment process in conjunction with RSP Teacher (other speialists may also be involved: SLP, OT, PT, etc. as appropriate). For a suspected Speech Only Student, an IEP meeting is scheduled by SLP upon completion of parent consented assessment. Consult with SLP to discuss appropriatness of referral for assessment. An IEP meeting is held including SLP, teacher, school psychologist, parent/guardian and site admin istrator.. If student is determined to be eligibile for Speech and Language Services, SLP will intiate services per IEP team agreement. Section D – Triennial Assessments Every student who is placed in a special education program or who received a special education service must be formally reassessed every three (3) years. The purpose of this reassessment is to obtain a profile of the student which will assist the IEP Team in determining whether or not the student still meets eligibility to continue to receive special education services or in planning for a transition into the general education program. Each person conducting the triennial assessment must submit a written report describing the measures used to assess the student and providing an interpretation of the assessment results. Procedures for Triennial Assessment At least sixty (60) days prior to the triennial IEP due date, and upon receipt of a signed consent to assess, the school psychologist, special education case manager, and all other service providers shall review data from multiple sources (e.g. CST scores, District benchmark results, psycho-educational reports, observation notes & charting, general ed. teacher reports, reports form related service providers, other agencies’ reports, parent input, etc.). Assessment Not Warranted If it is determined that the team has the necessary information to determine continued eligibility for special education services, it may be that no further assessment is needed. The school psychologist shall notify the parent of this recommendation. Upon receipt of consent to conduct review of records in lieu of a full assessment, the school psychologist will use the Record Review Report Form (see appendix ) to summarize the findings. If the parent/caregiver agrees with the team decision, no further assessment is necessary. An IEP meeting shall be held by the triennial due date to confirm eligibility for special education as required by state and federal statutes and district policies and procedures and to decide upon continued supports, services and goals. If the IEP team and/or the parent/guardian request a formal assessment, an assessment plan shall be developed immediately and submitted to the parent/guardian for approval. Once the assessment plan is signed by the parent, the assessment shall be conducted by all service providers and an IEP meeting shall be convened by the triennial due date. OPTION: If documented attempts at obtaining parent consent for assessment have been unsuccessful, please contact Student Services and the District will advise parent/caregiver if it chooses to proceed with due process to secure permission to assess the student. Flowchart for Triennials Reviews Case Carrier reviews caseload for upcoming Triennials. Case Manager contacts School Psychologist and additional service providers 60 days prior to Triennial due date. Special Note: All triennial IEP meetings for the yearshould be calendared at the beginning of each school year. The Case Manager, School Psychologist, and other service providers decide on a full evaluation. Assessment plan developed by School Psychologist Section E – Private School Assessments Per IDEIA 2004, the district where the private school is located is responsible for child find and assessments of students attending private school within their district boundaries. However, the district wherein the child resides is responsible for providing the IEP related services. The Student Services department logs and processes all private school referrals made to the district. Private school referrals will be forwarded to a school psychologist for oversignt of the assessment process. The assigned School Psychologist will contact the parent/guardian and, if appropriate, provide him/her with an assessment plan. All academic testing will be completed by a District RSP teacher. As appropriate, the speech therapist or School Psychologist at the school of residence is responsible for scheduling the meeting. The Speech Therapist or School Psychologist, as appropriate, will invite the primary caregiver, assigned Program Specialist, and private school teacher and administrator to the meeting. IEP meetings will be held at a location mutually agreed upon by the District and the private school. An Individualized Service Plan will be completed immediately following the IEP, as appropriate. School Psychologist or speech therapist, as appropriate, is to forward a copy of all IEP documents when completed to the Student Services to be logged. INDIVIDUAL SERVICE PLAN Note: an Initial IEP establishing eligibility should be affirmed before editing the student file for the Service Plan. Subsequent IEP’s and Service Plans should be affirmed in turn in order to document a complete IEP/ISP history. This step is necessary even if the parent does not want to have the District of Residence develop an IEP, as all parentally placed private school students who have been assessed and found to be eligible for special education need to be reported in CASEMIS. dates will carry over from the IEP Cover Page if the Service Plan is developed at a separate meeting following the IEP meeting, then the dates will need to be edited appropriately Some of the student information will carry over from the IEP Cover Page; complete the rest as needed enter the name of the Private School enter the Private School Phone enter the Private School Address the name of the local LEA will display based on the district in which the student is enrolled; this is the District of Location enter the date of the IEP that determined Eligibility enter the name of the School District that completed the IEP that determined eligibility enter the name of the District of Residence/DOR enter the name of the District Assigned Home Residence School select the name of the SELPA that developed the Policy for Serving Children with Disabilities Enrolled by Their Parents in Private School check each box next to SELPA Policy, Parent Rights, and Annual Notice, and provide the parents with the appropriate documents obtain Parent initials as appropriate the Service Plan provides for three options: Option A should be selected if o the District of Residence has developed an IEP, o the student is, or will be, parentally placed in a private school, and o the parents have requested that the District of Location develop a Service Plan enter the date of the IEP in the two places indicated check Plan Type “20 Service Plan” obtain Parent initials as needed Option B should be selected if o the parents have declined the District of Residence’s offer to develop an IEP, o the student is, or will be, parentally placed in a private school o the parents have requested that the District of Location develop a Service Plan check Plan Type “20 Service Plan” obtain Parent initials as needed Option C should be selected if o the parents have declined the District of Residence’s offer to develop an IEP, o the student is, or will be, parentally placed in a private school, and o the parents have declined the District of Location’s offer to develop a Service Plan Plan Type: o if the student’s eligibility status is Eligible, select Plan Type “Individual Service Plan (ISP)” on the IEP Cover Page following the Service Plan meeting, the student would be exited as a result of parent withdrawal o if the student’s eligibility status is currently Pending, select Plan Type “Eligible – no IEP/IFSP/ISP – Parentally placed in a private school” on the IEP Cover Page following the Service Plan meeting, the student’s eligibility status would be changed to Ineligible. obtain Parent initials as needed if Option C is selected, skip Sections V and VI of the Service Plan for Option A or Option B, complete the Equitable Services for Service Plan section in a similar manner to IEP Services service options should be consistent with the services agreed to at the annual private school consultation meeting. For the 2009/10 school year, the services agreed to are: o service: special academic instruction o delivery: consultation o provider: WACSEP for Option A or Option B, complete Goal statement; for example Goal: Student will receive consultation to improve performance in the area of reading recognition a total of three goals may be completed parent checks one statement parent signs and dates where indicated all participants sign and write the date LEA refers to the District of Location LEA Service Provider is the staff member who will provide the service the Private School Teacher and Private School Representative should be invited to the IEP/SP meeting, and may participate via telephone conference a Meeting Notes page may be attached to the Service Plan if needed Section F – Bilingual Assessments According to Individuals with Disabilities Education Act (IDEA), a child shall not be determined to be a child with a disability if the determinant factor for such determination is: [[Page 118 STAT. 2706]] (A) lack of appropriate instruction in reading, including in the essential components of reading instruction (as defined in section 1208(3) of the Elementary and secondary Education Act of 1965); (B) lack of instruction in math; or (C) limited English proficiency. Therefore, it is essential that proper procedures are followed with English Learners being considered for a psycho-educational evaluation. The following guidelines for EL students will be briefly summarized within the various handouts for Student Study Teams (SST) to evaluate and document. However, it is essential to note that all EL cases need to be considered on a “case by case basis.” Present policy stipulates that School Psychologists develop the assessment plans in accordance with information provided within the referral packets from the SST, therefore requiring collaboration between special education staff and SST members. Referral packet developed for EL student being considered for a possible psychoeducational assessment. SST members have ensured that all guidelines were considered and the all proper documentation attained. Special education staff (psychologist) reviews that all information was attained from checklist and determines that it is a viable case for assessment. Psychoeducational assessment is recommended. Psychoeducational Assessment Plan is developed by School Psychologist . Key Questions for English Learners There are many factors to consider when an English Learner is not making satisfactory academic progress prior to considering a referral to Special Education. The questions listed below may be of assistance as the Student Study Team evaluates these students. Cultural Understanding Has the student been in the United States and the U.S. school system long enough to adjust to new surroundings and culture? School History Has the Student been placed appropriately in primary language and English Language Development (ELD) programs, and attended these programs consistently? Progress in Primary Language If the student is receiving reading and math instruction in the primary language, is progress within the normal range for age and previous school history? How do scores on standardized tests in the primary language compare to scores on those taken in English? Teacher Expectations If the student is not receiving primary language support, what are the teacher’s expectations for the student’s performance in English reading and math? Instruction Is the teacher using strategies known to be effective for English Learners (i.e. SDAIE)? Does the teacher have training and certification to teach English Learners? ELD Program Has the student received a consistent ELD program? Is ELD taught by certificated staff? When did ELD instruction begin relative to the school year? Progress in ELD Does the student show progress in ELD? Progress in Math Does the student show progress in math computation and mathematical concept development? Relative Progress Does the student show progress in reading, math, and ELD relative to siblings and to peers of like background? Informal Interaction Strengths Motivation Does the student interact and communicate well with peers in an informal setting? In what situations does the student use the primary language? Under what circumstances does he/she use English? What are the student’s strengths and interests? Is the student motivated to learn? ERUSD Bilingual Psycho-educational Assessment Guidelines INITIALS TRIENNIALS INITIALS FOR K-3rd GRADE TRIENNIALS FOR K-3rd If CELDT level is Early Intermediate or below: 1. 2. 3. BVAT ( L1 and L2 assessed) is administered OR WMLS in L1 and L2 is administered SOLOM questionnaire is administered by teacher in L1 and L2 *******Academics in L1 & L2 is administered Assessment conducted is a COLLABORATION BETWEEN MONOLINGUAL AND BILINGUAL PSYCHOLOGIST If CELDT level is Early Intermediate or below: 1. 2. 3. INITIALS FOR K-3rd GRADE If CELDT level is Intermediate or Above: 1. 2. 3. 4. BVAT ( L1 and L2 assessed) is administered OR WMLS in L1 and L2 is administered SOLOM questionnaire is administered by teacher in L2 (English) *******Academics in L1 & L2 is administered Student has received English Only Instruction since K Assessment conducted is a COLLABORATION BETWEEN MONOLINGUAL AND BILINGUAL PSYCHOLOGIST INITIALS for 4th-MIDDLE SCHOOL BVAT ( L1 and L2 assessed) is administered OR WMLS in L1 and L2 is administered SOLOM questionnaire is administered by teacher in L1 and L2 *******Academics in L1 & L2 is administered Assessment conducted is a COLLABORATION BETWEEN MONOLINGUAL AND BILINGUAL PSYCHOLOGIST TRIENNIALS FOR K-3rd If CELDT level is Intermediate or Above: 1. 2. 3. 4. BVAT ( L1 and L2 assessed) is administered OR WMLS in L1 and L2 is administered SOLOM questionnaire is administered by teacher in L2 (English) *******Academics in L1 & L2 is administered Student has received English Only Instruction since K Assessment conducted is a COLLABORATION BETWEEN MONOLINGUAL AND BILINGUAL PSYCHOLOGIST TRIENNIALS for 4th-MIDDLE SCHOOL If CELDT level is any Level: 1. 2. 3. 4. If CELDT level is any Level: BVAT ( L1 and L2 assessed) is administered OR WMLS in L1 and L2 is administered SOLOM questionnaire is administered by teacher in L2 (English) Student has received English Only instruction since K Academics in L1 NOT administered. Academics in L2English is administered. Assessment conducted is a COLLABORATION BETWEEN MONOLINGUAL AND BILINGUAL PSYCHOLOGIST 1. 2. 3. 4. BVAT ( L1 and L2 assessed) is administered OR WMLS in L1 and L2 is administered SOLOM questionnaire is administered by teacher in L2 (English) Student has received English Only instruction since K Academics in L1 NOT administered. Academics in L2English is administered Assessment conducted is by MONOLINGUAL PSYCHOLOGIST ****** EXCEPTION: If language proficiency tests and qualitative observations indicate that L1 is the language of dominance, then the case is referred to a bilingual psychologist for a full psychoeducational assessment. Additionally, if limited English (L2) oral abilities are observed during administration of the SOLOM by teacher, then assessment of Spanish (L1) oral abilities is warranted. Overall, it is essential to note that these are general guideline requirements, but can vary depending on case. SOLOM FORMS (Listed Below) Section G – Non-Public Schools/NonPublic Agencies Brief Description of Service: It is recognized that there will be times when special education students require a more restrictive educational setting than a public school. Initial consideration of Nonpublic School services will be provided only when the IEP team determines that no appropriate placement is available in the public schools to meet the individual student’s needs. In the situation where an NPS is an interim placement for a student who has moved into your district with an active IEP indicating NPS services contact the appropriate WACSEP NPS Liaison and indicate that the student had NPS services in the former district. Section – H Independent Education Evaluation EC 56329(b) A parent or guardian has the right to obtain, at public expense, an independent educational assessment of the pupil from qualified specialists, as defined by regulation of the board, if the parent or guardian disagrees with an assessment obtained by the public education agency, in accordance with Section 300.502 of Title 34 of the Code of Federal Regulations. A parent or guardian is entitled to only one independent educational assessment at public expense each time the public agency conducts an assessment with which the parent or guardian disagrees. If a public education agency observed the pupil in conducting its assessment, or if its assessment procedures make it permissible to have in-class observation of a pupil, an equivalent opportunity shall apply to an independent educational assessment of the pupil in the pupil’s current educational placement and setting, and observation of an educational placement and setting, if any, proposed by the education agency, regardless of whether the independent educational assessment is initiated before or after the filing of a due process hearing proceeding. IEE Procedures If the request for an IEE is expressed outside of an IEP meeting, notify the school psychologist immediately . The School Psychologist will contact the parent to inquire about concerns. The School Psychologist may choose to invite the Program Specialist to an IEP meeting which may include the possibility of an IEE. If the request for an IEE is expressed at an IEP meeting without a representative from Student Services present, request must be noted on the IEP notes and Student Services must be contacted to compose a written response to parent/guardian's request. If the request for IEE is approved, Student Services will inform the Case Manager so that the assessment may be arranged. If the request is denied the Case Manager will be informed. Section I- Low Incidence LEGAL INTENT California State allocates funds to the district though WACSEP for the purpose of purchasing and coordinating the use of specialized books, materials, and services to be used by students with low incidence disabilities. It is also essential to note that the district is responsible for ensuring that the books, materials, equipment, or services are available to the student whether or not the item or service is approved for reimbursement through the low incidence funds, as the IEP/IFSP team has determined that this is important for the student to have in order to benefit from special education. ELIGIBILITY A low incidence disability is a severe disabling condition with an expected incidence rate of less than one percent of the total statewide enrollment in kindergarten through grade twelve. Pupils are deemed to have low incidence disability when an assessment of a pupil has been completed by personnel knowledgeable of the suspected low incidence disability. Low incidence disabilities include the following: Blind/Visual Impairment Deaf/Hard of Hearing Deaf-Blind Severely Orthopedically Handicapped Any combination of the above disabilities LOW INCIDENCE REQUEST/REVIEW PROCEDURES The necessary steps to request Low Incidence Funds are as follows: The IEP/IFSP documents the low incidence disability (Cover page, Sect. 3 of the IEP) The IEP/IFSP documents the review of the Low Incidence Specialist’s report containing a statement of need for specialized services, materials, or equipment (Present Levels, Sect. 8 of the IEP) The IEP/IFSP documents the need for specialized books, materials, equipment, or services with categorical language such as “augmentative communication device” or “classroom usable amplification device.” (Present Levels, Sect. 8 of the IEP)----for sample statements please WACSEP Program Specialist. If the IEP/IFSP contains a goal/objective which directly relates to the use of the specialized books, materials, or equipment, a comment shall be added to the objectives stating that specialized item is required to implement the IEP/IFSP and achieve the goal/objective----Please consult with WACSEP Program Specialist for sample goals and objectives. A WACSEP Program Specialist should be invited to any IEP in which it is anticipated that low incidence equipment will need to be purchased as an outcome of the IEP. He/she will coordinate with Student Services to arrange for purchase of appropriate equipment. For additional questions/requirement concerning Low Incidence funds, please consult with WACSEP Program Specialist. IEP Process Section A – Development of the Individualized Education Program (IEP) Section B – Implementation of the IEP Section C – IEP Review and Reevaluation Section D- Constructing the IEP through SEIS Section A- Development of the Individualized Education Program (IEP) Following the referral and assessment of the student with a suspected disability, and once a determination has been made that the child is eligible for special education services as a “child with a disability” as defined by IDEA, the IEP team meets to write an IEP for the student addressing his or her unique needs and providing for a Free and Appropriate Education in the Least Restrictive Environment. The IEP is the written, legal document developed by the student’s IEP team that includes at least all of the following: (1) Present levels of academic achievement and functional performance; (2) Measurable annual goals; (3) A statement of the special educational and related services and supplementary aids and services, based on peer reviewed research to the extent practicable, to be provided to the student; (4) An explanation of the extent to which the student will not participate with non-disabled peers in the general education programs; (5) The projected date for initiation and the anticipated duration, frequency and location of the programs and services included in the IEP; and (6) Appropriate objective criteria, evaluation procedures, and schedules for determining, on at least an annual basis, whether the student is achieving his or her goals. Whittier Area Cooperative Special Education Local Plan Area Parents’ Rights and Procedural Safeguards Types of IEP Meetings: Initial: is the IEP to determine eligibility after an initial assessment. The purpose of the initial IEP is to review all assessment data/reports (completed in all areas of suspected disability), document present levels of functioning and determine the student’s eligibility for services. If the student is found eligible, the IEP determines the student’s areas of need, develop goals to address each area of need, and determine services and supports needed to allow student to make progress towards meeting goals in the coming year. Once needs and services are established, the team discusses the continuum of services and the least restrictive setting in which the services will be implemented. Annual: is the IEP meeting to be held within one year of prior IEP. The purpose of this meeting is to review the student’s progress, goals, related services and supplementary aids and services. Triennial: is the IEP meeting to be held after a reevaluation in each area of suspected disability. The information from the assessments is reviewed to determine the student’s continued eligibility for services and to provide the team with information on the student’s current functioning levels and to identify areas of need. When possible, with agreement from parent, realign annual/triennial IEP dates. Transition: o Preschool to kindergarten, elementary to middle school, middle school to high school, high school to transition placements, from public school setting to nonpublic school or vice versa. o This box is also checked every year when the Individual Transition Plan is reviewed at the time of the annual IEP for students who are 16 or over. Pre-Expulsion: an IEP meeting that is being held as part of or following a manifestation determination. Interim: if the child has an IEP and transfers into a district from another SELPA. This IEP is held within 30 days of the student’s enrollment in the new school. The new school must provide the student with services comparable to those described in the previously held IEP, until it adopts the previous IEP or develops a new IEP. Other: an IEP that is completed in full and is the result of a Change of Placement or Additional Full Assessment. Amendment: held to make minor changes/corrections to an existing IEP or to continue a multi-part IEP. Possible reasons to complete an amendment: o Add/revise/delete a goal. o Add/revise/exit a related service o Review an assessment for a related service and add services (if this does not change student’s placement) o Parent requests o Review a Behavior Emergency Report (BER) o Complete a Manifestation Determination (if the results of the manifestation determination do not lead to a change in placement). o Add a Behavior Intervention Plan (BIP). o Continuation of a multi-part IEP. Scheduling the IEP meeting (refer to Case Manager IEP Checklist): 15 days prior to the meeting: o Contact the participants, including the parents; o Send Meeting Notice to parent, follow up to confirm their attendance; o Send a copy of the Meeting Notice to all participants including administrator, other service providers, general education teacher and confirm their attendance; o Confirm availability of IEP location; o Confirm primary language interpreter (if needed); o Send excusal form to parents if service provider or general education teacher are not able to attend the IEP meeting; o Confirm your substitute teacher if one is required (per district policy) 1 week prior to the IEP meeting—Organization of SEIS Paperwork: o Prepare a draft of the IEP in SEIS . Although the IEP cannot be pre-determined, a draft can be prepared ahead of time. Section B – Implementation of the IEP o o For Annual IEPs: Record new information on the Present Levels page of the FUTURE IEP in SEIS; Record progress data on goals; Confirm that all service providers have recorded progress data on the goals those providers monitor; Once all providers have updated the goals they are responsible for reporting on, complete updated Progress Report and affirm and attest the report; Delete previous goals from the FUTURE IEP (i.e., the “old goals” developed at the previous annual which are saved in the CURRENT IEP); Consult as appropriate with general education teachers and other service providers on the development of goals to be proposed at the IEP; Update Transition IEP pages; Update Health information including Health Care Plan; Arrange for tape recording of meeting if requested by parents (they must request this in writing at least 24 hours before meeting) and notify administrator in charge of meeting. For Triennial IEPs: 60 days prior to the Triennial IEP send out an Assessment Plan to obtain parent request for assessment in all areas of suspected disability; If the Triennial IEP is combined with an Annual IEP complete all of the above steps; Each service provider who completed an assessment writes an Assessment Report delineating assessment findings and recommendations; Provide parents with copies of all reports 5 days prior to meeting if requested Conducting the IEP Meeting: The IEP meeting is a school meeting, where school business is conducted to identify a student’s unique needs, make recommendations for services to meet those needs, and to determine appropriate placement and supports in the lease restrictive educational setting. We have a legal obligation to convene an IEP meeting and make an offer of FAPE for a student. o We must try to get parents to come or participate by phone. Document all attempts to contact parents. o The obligation to have an IEP meeting is absolute even if the parent does not/will not attend. Have available: o Internet access o Tape recorder (if required) o Copier access o Copies of all reports o Student work samples, goal progress data, Progress Report o Copies of the SEIS Present Levels page, Goals and Parent Consent pages o Blank copies of all SEIS pages (in the case of a power outage/cut internet connection) o Copy of vision and hearing screening results o Copy of last IEP Follow IEP Meeting Agenda for format of the meeting: o Start on time. o The Administrator/Designee begins with introductions. o The facilitator of the meeting: Directs the flow of the meeting, ensuring that the agenda, ground rules and timelines are followed Establishes and enforces ground rules for meeting: Respect and dignity No interruptions Summarize (don’t read) reports in 10 minutes or less Establish time parameters and constraints Agree that all participants remain for the duration of the meeting o Note taker records meeting notes. Notes should not be a transcript, but an accurate accounting of the meeting. The notes should “tell the story” of the meeting and how the team made their decisions. Identify who is present, note parent agreement or disagreement, specify any additional information or discussion that does not occur elsewhere in the IEP. If the information is written somewhere else in the IEP, don’t rewrite in the notes. All student information should be in the IEP pages. Repeat the offer of FAPE in the notes. Make sure it matches the Services page. o Parent participation: Engageteachers parents inand the meeting by documenting input and concerns, Each of thestudent’s service providers has access to the record agreements and disagreements in the IEPthe notes. IEP and knowsand his or her specific responsibilities for carrying out IEP The parent has the right to present information to the IEP team in including accommodations, modifications and other supports person or through a representative and the right to participate in delineated in the IEP. meetings, relating to eligibility, recommendations and program Post Serviceplanning. Provider Log in the classroom for service providers to record date and time of the service provided to the student in the At the end of the meeting: classroom. o Collect signatures from all IEP team members. The ostudent’s toward meetingall annual goals is measured as Confirmprogress that family have received specialist reports. indicated in the IEP. o Number IEP pages (Refer to Order of Pages for sequence). o Makeprogress copies oftowards the IEP for parent. his/her goals is recorded in the The student’s meeting o Attach all reports to the FUTURE IEP. service provider at the end Progress Summary section of SEIS by each of Within 7 days of after the IEP each grading period. The Progress Report is then affirmed by the o Affirm and attest (i.e., save) SEIS after making sure thatthe it matches hard case manager and a copy ofIEP theinreport is sent home with copy. student’s report card. o File original IEP in the student’s IEP file in the office. Section B- Implementation of the IEP Section C- IEP Review and Reevaluation Section C – IEP Review and Reevaluation IEP Team Meetings are required when: •A pupil receives an initial, formal assessment. •At least annually following initial. •The pupil demonstrates a lack of anticipated progress (do not wait until annual). •The parent or teacher can request a meeting to develop, review or revise the IEP. We have 30 days to hold an IEP meeting following parent’s written request. An Amendment can also be completed during the course of the year for minor corrections or changes to the IEP. •The purpose of the Amendment is to document changes or corrections to the current IEP. •The Amendment requires prior written notice to the parent. However, parent and district may agree not to convene an IEP meeting for the purposes of making the change or correction. At least every three years the student must be re-evaluated for the purpose of determining the student’s continued eligibility and educational needs. •Parents must give consent for the reevaluation. •Begin triennial assessment process at least 60 days prior to the triennial review. Section D- Constructing the IEP through SEIS The hard copy of IEP must match SEIS copy. SEIS error checks make sure that specific fields are complete. An error free IEP may not be an appropriate IEP. SEIS cannot help you write content that makes sense for the student. The IEP is driven by the student’s unique needs based on assessment findings. For initial IEPs: affirm and attest only after parent consent has been received and documented on the Parent Consent form. For all other types of IEPs, affirm and attest the IEP in SEIS within 7 days. Documents can be attached but not deleted off of a Current IEP. Amendments are changes/corrections made to an existing IEP and so the Amendment link exists on the Current IEP. As you are preparing the Future IEP, please delete all previous year’s Meeting Notices, Assessment Plans and Notes Pages. These previous pages have been affirmed and attested in previous IEPs. By not deleting, these previous pages get affirmed and attested into the current IEP again and will print out with the current IEP. Refer to the Guide to Completing IEPs on SEIS for guidelines on completing each of the IEP pages in SEIS. Placement and Programming Section A – Continuum of Special Education Flowchart Section B – Introduction Section C – General Education Section D – Designated Instructional Services Section E- Continuum of Special Education Program Options and Descriptions Section F – Nonpublic School (NPS) Nonpublic Agency (NPA) Section G – Home/Hospital Instruction Section H – Extended School Year (ESY) Section I – Consultation for Change of Placement Section A- Continuum of Special Education Services and Program Options Please see the pyramid below that represents the continuum of special education program options and supports in the El Rancho Unified School District: . Home/Hospital Student receives special ed and related services at home or in a hospital prog. Residential School Student receives special ed and related services from specially trained staff. Separate School (NPS) Student receives special education and related services under the direction of a specially trained staff in a specially designed facility. Separate Classroom- ASAI (Adapted Specialized Academic Instruction) Student attends a special, self contained class for most or all of their school day under direction of special ed teacher. Separate Classroom- SAI (Specialized Academic Instruction) Student attends a special, self contained class for most or all of their school day and receives special ed and related services under the direction of a special ed teacher. Co-Taught Classroom Student receives instruction from both a general education and special education teacher for the entire school day. General Education Classroom with Resource Specialist Support Student is in the general education classroom for the majority of the school day, but goes to the special education resource room for specialized academic instruction for part of the schoool day. General Education Classroom Student receives a prescribed program under the direction of the general education classroom teacher. Section B – Introduction Each child with a disability has the right to educational services designed to meet his/her individual needs. Students receiving special and/or related services will be educated with general education students to the maximum extent appropriate to the needs of both. They will be integrated as much as possible in school activities and have access to an array of services. Educational and related services will be provided without cost to the special needs student except for those fees that are charged to general education students. Service(s) will be provided as close to the student’s home as possible. When transportation to a more distant school or center is necessary, transportation will be provided at no cost to the parent. Least Restrictive Environment (LRE) is that placement which can adequately meet the individual student’s needs and which does so with a minimum loss of contact with general education programs and age-appropriate peers. Assignment to any service(s) other than the general classroom shall occur only when the nature and severity of the handicap are such that education in general classes, with the use of supplementary aids and services cannot be achieved satisfactorily. Services may be provided by any special education teacher in a variety of settings, including general education classes, special education classes, learning centers, etc. Assignments are based on individual student needs and do not allow for waiting lists for services. Section C – General Education A student with a disability may be served full time in the general education setting with or without supplementary special education aids and services if this environment meets his or her needs. The students are totally integrated with non-disabled peers and are held to general education core curriculum, standards, assessment, and grades with or without accommodations and modifications. Students with disabilities are ensured participation in academic, non-academic, and extra-curricular services and activities to promote interaction with the general school population. Section D – Designated Instructional Services Designated instructional services are designed to provide support to special education students in order for them to benefit from the educational placement. The determination for need of services is based on an assessment by the specialist(s) and recommendation of the Individualized Education Program Team. a. Adapted Physical Education (APE) services are provided to students who are unable to participate in regular physical education, a modified physical education program, or a specially designed physical education program. APE is only provided to a student as an additional service in conjunction with a primary eligibility. b. Audiological Services include initial evaluation for a student suspected of a possible hearing loss. c. Deaf/Hard of Hearing (DHH) Itinerant Services may be provided to a student with a qualifying hearing loss. Services provided may include initial audiological exam, specialized equipment/servicing, and direct or consult support of the student in the classroom by a DHH Itinerant, Nurse or Speech Therapist. d. Health Services are provided to any special education student for whom additional health care support is indicated. Services may range from providing necessary physician prescribed medications to specific health care needs such as catheterization, tracheotomy-suctioning or tube feeding. Nursing Services may include consultation, collaboration, and/or indirect services from a school nurse or health technician. e. Occupational Therapy (OT) Services are available for a student whose deficits in fine motor or sensory integration skills are impeding his/her educational growth. OT is only provided to a student as an additional service in conjunction with a primary eligibility. f. Physical Therapy (PT) Services are for students with significant physical disabilities in need of on-going rehabilitative therapy to meet educational needs. PT is only provided to a student as an additional service in conjunction with a primary eligibility. g. Speech, Language and Hearing services are provided to students in a pull-out, small group or in-class collaborative model. The services may include assistance with fluency/voice disorders, speech or language development. Section E- Continuum of Special Education Program Options and Descriptions El Rancho Unified believes students in special education have a right to be educated with their same-age peers to the maximum extent possible. El Rancho Unified educators have high expectations for all students and offer a continuum of services to ensure that all students succeed academically, socially and behaviorally. The El Rancho Unified School District offers programs for students with special needs in the areas of; learning, behavior, cognition, speech and language and other unique areas as appropriate to meet individual student needs. Specialized Academic Instruction: Resource Specialist Program (RSP) The Resource Specialist Program provides direct specialized instruction (49% of the instructional day or less). In addition to direct instructional services, other services may include materials, consultation, and collaborative instruction in the classroom and inclusion support for mild to moderately disabled students. Within the resource program, the Resource Specialist will provide educational assessments, process referrals, collaboration with general education staff, monitor student progress in the mainstream classes, and serve as consultants to their own school sites. The Resource Specialist is the case manager for students on his/her caseload and may be assigned as case managers for initial referrals. Co-Teaching Co-teaching is another service delivery option for students with disabilities. Coteaching involves general education and special education teachers sharing responsibility for teaching some or all of the students assigned to a classroom. General educators hold the primary responsibility for the content of the instruction, while the special education teacher holds the primary responsibility for facilitating the learning process. Co-teaching allows students with IEPs an opportunity to receive their specialized instruction and related services in the context of the general education classroom. El Rancho Unified is proud to offer a co-taught program at the kindergarten and 1st grade levels. The co-taught kindergarten and first grade classrooms will provide students with disabilities an opportunity to receive specialized academic instruction while ensuring access to general education curriculum in the least restrictive environment. Special Day Class A Special Day Class is one alternative to the general education classroom. El Rancho Unified offers a range of Special Day Class programs for students in preschool through age 22. A Special Day classroom offers students enhanced academic support in a smaller classroom setting. The smaller student to teacher ratio allows staff to provide small group instruction matched to each individual student's unique needs. Special Day Class teachers provide intensive instruction and services to students in self-contained special education classrooms when the nature or severity of the disability precludes the student’s participation in the general education classroom for a majority of the school day. Special education teachers may also provide collaboration and consultation support to general education staff and/or parents of students with special needs. The Specialized Academic Instruction/ Special Day Class (SAI/SDC) provides students with access to grade level curriculum and instruction with the use of specialized strategies, supports and accommodations and modifications as indicated in individual IEPs. The use of grade level curriculum is supplemented with a variety of other evidence based programs. The highly structured classroom allows for grade level curriculum to be individualized to each student's unique needs while also supporting them socially and behaviorally. Adapted Specialized Academic Instruction/Special Day Class The Adapted Special Academic Instruction program serves 3 to 22 year old special education students in ERUSD. Students in ASAI programs attend school hours that are equivalent to their same age typical peers. All ASAI classes (K-12) utilize a comprehensive standards based, age appropriate curriculum (Unique Learning System). Additionally, the curriculum is supplemented with a variety of strategies and programs that have been shown to be effective with students with varying needs. These classes have a low student to staff ratio that allows for individualized instruction in small group settings. The highly structured classroom allows for student independence and focused attention. These classes address student's needs in the following domains: cognition, communication, social-emotional (behavior), fine motor, gross motor skills, self-care and vocational skills. Integration into general education classes with support is offered and encouraged as determined by the IEP team. These classrooms strive to work in collaboration with parents to achieve generalization of skills across a wide variety of environments. The High School ASAI program has an emphasis on functional skills across all domains. In addition to the comprehensive curriculum (Unique Learning System) the program focuses on fostering independence in regard to life skills, vocational training, mobility and community access. Based on individual student needs the program provides opportunities for work experience, job training skills, community navigation and safety, working as a Teacher's Assistant (TA) in the classroom, and vocational skills such as gardening, custodial services, and retail experience. ASAI-Autism Focus: The autism focus classrooms are offered Pre-k through grade 5. These classes utilize evidence-based practices that address communication, social, sensory, educational and behavioral concerns. The low student to staff ratio allows for implementation of strategies in instruction and behavior shown to be effective with children with autistic-like characteristics. This includes but is not limited to highly structured classroom, use of visual cues, multi-sensory instruction and facilitation of social skills. There is an emphasis on communication skills throughout the school day across modalities and environments. Community Based Instruction (CBI) Community Based Instruction (CBI) is an educational setting for students with disabilities who need support in learning to access the community during their school years and/or as adults. The expectation is that these students will live, work, shop and play in integrated environments in the community and that they will participate either independently or with accommodations and supports in typical activities across a variety of settings. CBI is identified as an approach for teaching functional life-skills to persons who exhibit a wide variety of learning characteristics and abilities. Instruction in community settings addresses issues common among students with various disabilities including difficulty generalizing skills learned in one setting to a new setting or situation and those exhibiting a slower rate of acquisition of new skills. CBI includes regular and systematic instruction in meaningful, functional, age-appropriate skills in integrated community settings, using materials available in the environment and situations common to the environment, designed to help the student acquire and generalize life-skills that foster greater independence and enhance his/her opportunities for meaningful experiences and relationships within the general community. Area surroundings such as shopping centers, convenience and/or grocery stores, replicated home settings, as well as community resources such as public libraries and post offices take on importance as potential instructional settings. Students have the opportunity to focus on important life skills such as travel training, pedestrian skills, money use and management, leisure skills and restaurant patronage. For working age students, the community also includes vocational settings. CBI integrates the student’s needs based on his/her Individual Education Program (IEP), the appropriate learning domains and indicators of the program’s curriculum, the general education curriculum, and the family’s input. The following are the objectives of the CBI program: Fostering greater independence and increased quality of life Instruction occurs in “natural environments” and at naturally occurring times throughout the school day, such as breakfast and lunch time, during social interactions with staff and peers and at places of employment. Repeated practice outside of the classroom setting to help students generalize skills to real life situations. Instructional priorities for each student are based on the real world needs of the individual student and should lead toward increased independence and autonomy in his/her home and community. Parents and professionals from different disciplines collaborate in addressing the learning needs of students. Students learn skills that are referenced to performance demands of real world environments and which are critical to maintaining meaningful participation in the least restrictive environment. Social Emotional/Behavior Supports Classroom (SEBS) The Social Emotional Behavior Support Program is a specialized school program for High School age students. The program was established to address the needs of students with significant behavioral and emotional disabilities who require specialized instruction and support in the areas of social skill development, emotional adjustment, behavioral management, as well as specialized academic instruction. Students enrolled in this program have Individualized Education Plans (IEP) specifying their need for a more specialized and intensive educational placement that cannot be provided on a comprehensive campus. The program is designed to provide a variety of mental and behavioral health services integrated into its educational program, and it is equipped with trained special education teachers, behavior technicians, a school psychologist, and counselors. Each classroom has approximately eight students, and it is staffed with a special education teacher and a behavior technician. The educational component emphasizes grade level standards adopted by the California State Board of Education. Instructional staff follows the State curriculum, while implementing each child’s Individual Education Plan in order to prepare students for graduation and to successfully participate in the State testing program. This program provides students with the tools necessary to increase their ability to manage and monitor their behavioral and emotional needs. The goal of the program is to equip the students with the skills necessary to integrate with the general population to the maximum extent possible. The behavioral program incorporates a positive reinforcement point system, where the students earn points at intervals throughout the day for appropriate classroom behaviors (i.e. following directions, remaining on task, using appropriate language, etc). Students also earn double points for personal goals and personal target behaviors chosen by the classroom teacher. These personal target areas are changed as the child’s needs, condition, and motivations change. LEVELS OF SUCCESS Students earn points throughout the day for good positive behavior, and at the end of each day, the points are added up and levels are determined for the following day. Peak Slope Valley Ground Section F – Nonpublic School (NPS)/Nonpublic Each level is associated with a growing amount of privileges and increasingly desirable Agency (NPA) reinforcers. Reinforcers are determined through reinforcement surveys completed by the students. The students also have the opportunity to participate in the “Activity Room”, which can be accessed daily by students who have demonstrated “All-Star Behavior” during the entire school day. Section F – Nonpublic School(NPS)/Nonpublic Agency (NPA) Brief Description of Service: It is recognized that there will be times when special education students require a more restrictive educational setting than a public school. Consideration of Nonpublic School placement will be provided only when the IEP team determines that no appropriate placement is available in the public schools to meet the individual student’s needs. The IEP team must include an administrator from Student Services before ANY decision to a Nonpublic School is made. Section G – Home/Hospital Instruction Students with a disability may be provided home/hospital instruction for one hour per day if their disability is so severe that it prevents them from attending a school setting per a doctor’s written prescription. The IEP team must conduct an IEP and document the physician’s instructions placing the student on H/H. H/H is only provided to students placed for 4 weeks or more. Upon release by the physician, the IEP team must again convene to reinstate the IEP. Please note: Home /Hospital is a TEMPORARY interruption to a student’s Free Appropriate Public Education (FAPE) offer. Home/Hospital Instruction is never to be listed as a FAPE offer. Section H – Extended School Year (ESY) The need for ESY services, the time between the end of one school year and the beginning of the next, is an IEP team decision. ESY is not the standard LEA summer school classes. Typically only special education students with limited recoupment ability are eligible for extended school year. If a student is determined eligible for extended school year, it should be noted on the IEP including beginning and ending dates and duration/frequency of services. Individuals who may require ESY services are students who have significant disabilities which are likely to continue for a prolonged period of time or indefinitely. These students’ educational service is provided usually in a Special Day Class. Section I – Consultation for Change of Placement Section I – Consultation for Change of Placement According to the Individuals with Disabilities Education Act, the Least Restrictive Environment is defined as follows: Least restrictive environment.-(A) In general.--To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled, and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. Are you considering a change of placement from a less restrictive setting to a more restrictive setting? The following are the guidelines for navigating through that process: This checklist is provided to assist IEP teams that are exploring the possibility of a Special Day Class placement as the least restrictive environment for students with disabilities and to ensure that an appropriate, compliant Individual Education Program (IEP) is developed. A change of placement into a more restrictive setting cannot occur prior to an IEP meeting being held and the IEP being signed in agreement by the student’s educational rights holder. When the IEP team believes that a student needs to move to a more restrictive placement, the following data needs to be collected, then presented to a multidisciplinary team at Student Services: o o o Special Education teacher gathers work samples, test scores, benchmark information from the general education teacher. Resource Specialist teacher and school psychologist conduct observations in the general education classroom. General education teacher, special education teacher, school psychologist and site administrator/designee meet and review the data and observational information to determine how the student is performing compared to the other students in the same class/grade level and to determine if the student has a “peer group” Once this information is collected, the school psychologist (and other members of the team that wish to attend) will present this information to the multidisciplinary team which will consist of: a school psychologist, a speech and language pathologist, a special education teacher, and a school site administrator. The multidisciplinary team will meet monthly and the members will rotate. The team will provide guidance to the school psychologist and the IEP team that may include recommendations for moving forward with the change of placement or recommendations of trying additional interventions before moving forward. The following information must be completed at the IEP meeting IF the team has been given a recommendation to move forward with a change of placement to a more restrictive setting: A. Yes No Current comprehensive psycho-educational data is available for review by the IEP team B. Yes No IEP team agrees that additional assessments are not needed to assist the team in decision making C. Yes No Goals and Objectives have been developed in all areas of concern and student is making little to no progress towards these goals and objectives. D. Yes No Student is receiving maximum resource services and making little to no progress. Please attach data to support. E. Yes No Work samples and EADMS/Data is available for review by the IEP team and is attached to the IEP. F. Yes No Student has participated in the available intervention program(s) available at the school site and within the District. G. Yes No The IEP team agrees no additional accommodations/modifications are necessary for the student to receive FAPE. H. Yes No A behavior goal and/or behavior intervention plan has been developed and implemented with fidelity. Support data is attached Yes No If applicable, a Functional Behavior Assessment has been conducted and supports have been put in place and are being implemented with fidelity. Support data is attached. Special Education Supports and Related Services Section A – Designated Instructional Services (DIS), Supports and Related Services Section B – Student Support Assistant (SSA) Section A – Designated Instructional Services (DIS), Supports and Related Services Assistive Technology Services Orientation & Mobility Adapted Physical Education Occupational Therapy Language and Speech Special Education Supports & Related Services Counseling Intensive Individual Services (SSA) Specialized Deaf and Hard of Hearing Services Physical Therapy Specialized Vision Services Occupational and Physical Therapy Services and Referral Process Occupational Therapy Services The current service delivery model for Occupational Therapy is through Gallagher Pediatric Therapy. Under this model the Occupational Therapist from Gallagher will work in specific education classrooms to integrate and embed occupational therapy strategies into the curriculum and the school environment. The OT is also available to provide class consultation services to all special education teachers and provide guidance on how to embed these strategies into the curriculum and school environment. If a case manager feels they require classroom consultation services then complete the attached Class Consultation On Demand Request Form and submit it to the Student Services Department Secretary. Please refer to the Appendix for forms. Occupational and Physical Therapy Services If at any time the IEP team is considering a full assessment for Occupational or Physical Therapy, please contact the Gallagher OT/PT prior to the IEP meeting. All signed assessment plans and class consultation Request Forms must be submitted to the Department Secretary in the Student Services Office. When submitting a signed assessment plan, please attach a copy of the most recent IEP and Occupational/Physical Therapy Referral form. Please be aware of timelines in regards to the assessment process. The IEP team has 60 days from the date the school receives the signed assessment plan to assess and reconvene to discuss results and make recommendations. It is the case manager’s responsibility to make sure the assessments are moving forward in a timely manner. It is recommended that an IEP be scheduled well in advance of the 60 day deadline and notification given to Gallagher to allow for rescheduling if need be. Deaf and Hard of Hearing Program Services and Procedures In general, hearing loss can be categorized using the following descriptors: Unilateral, bilateral, conductive, or sensorineural. Additionally, amplification in the form of a hearing aid, cochlear implant, or BAHA may be utilized depending on the severity and type of loss. In some cases personal amplification may not be warranted. WACSEP provides services and specialists to the Districts who are able to address the needs of deaf and hard of hearing students. These include a Program Specialist, an Audiologist (who provides equipment and consultation), and an Itinerant DHH specialist who may provide direct service and/or consultation. Also, Aural Habilitation and Specialized Academic Instruction (Total Communication PK-5, Auditory Oral PK-5) are available if determined to be appropriate by the IEP team. Procedures: 1. A student referral is initiated by the district, usually the Case Manager or the School Psychologist. A referral may be a result of a number of factors: parent request, failed hearing screenings, student is wearing hearing aids, known hearing loss but no services. 2. Send completed Request form with the appropriate documentation to Audiologist and DHH Program Specialist at WACSEP. Call the WACSEP office (562) 945-6431 or check the website wacsep.org for current contact information regarding these Specialists. *A medical diagnosis is required: Audiogram/reports from private Audiologist must be attached. 3. If an assessment plan is ready to be sent out: Include DHH Specialist/Audiologist for Observation and Review of Records. *Do not send the assessment plan home until the team has received the current medical paperwork as mentioned above. 4. The teacher will be asked to fill out Rating forms that need to be completed and returned to the Audiologist and DHH Specialist in a timely manner prior to the IEP. 5. One or both Specialist will attend the IEP to share results and to make recommendations. **Other considerations: Please consult with the Audiologist and the DHH Program Specialist to discuss potential service delivery models as Audiology is not a stand-alone service. Additionally, there may be discussions regarding the use of a 504 plan vs an IEP. This is especially important when the team feels that the hearing loss is not impacting the student’s ability to access his/her curriculum. Visual Impairment Program and Referral Procedures Visual Impairment Eligibility for Special Education The Visually Impaired Program serves students who have a visual impairment which, even with correction, adversely affects a student’s educational performance. There are various forms of visual impairment which may include: -Partially Sighted/Low Vision: The acuity after the best possible correction is: 20/70 to 20/200. Low vision is a term used to describe a permanent & significant loss of visual function including either visual acuity (the ability to see detail), visual field (the ability to see a large area of about 175 degrees) or both. Low vision cannot be corrected with conventional glasses, contact lenses, surgery or medication. -Legally Blind: The acuity, after the best possible correction is 20/200 or worse. A central visual acuity of 20/200 means that a person can only see visual detail such as a letter or word at a distance of 20 feet that can be seen by a normally sighted person at a distance of 200 feet. -Visual Field Loss: A visual field of 20 degrees or smaller is also considered to be legal blindness. Referral Process: When a teacher suspects that a student may be experiencing some form of visual issues the first step is to check when the last vision screening was performed and what was the result of that screening. If the student failed then contact the school nurse to determine what level of follow up the family provided. The next step is for the teacher/case manager to contact the SELPA Program Specialist located at Student Services to discuss the concerns. Classroom teacher will complete a VI consultation form, & submit it to the Program Specialist. An eye report from an ophthalmologist or optometrist is strongly recommended with the consultation form. The Program Specialist will submit the paperwork to the VI program, where it will be reviewed, & an assessment plan will be generated by the VI team VI staff will assess student An IEP with the entire team, will be held to review the report and make recommendations. A word about Visual Impairment vs. Visual Processing: A visual impairment does not include visual perceptual or visual motor dysfunction resulting solely from a learning disability. These students do not meet eligibility as visually impaired or low incidence disability. After the assessment process is complete and services have been recommended the teacher of the Visually Impaired may provide some of the following services depending on the unique needs of the student: Consults with classroom staff to co-ordinate programs/services for students, provides large print or Braille texts, materials & equipment, provides in-service training for school staff, low vision & efficiency skills, concept development & academic skills, daily living skills, career & vocational education skills, Braille instruction in reading & writing, social/emotional skills, and sensory motor skills. Orientation and Mobility Referrals and Procedures Depending on the outcome of the assessment it may be determined that the student requires the services of an Orientation & Mobility Specialist. The O&M Specialist may instruct the VI student in the development of skills & knowledge that enables him/her to travel independently, based on assessed needs & ability. Additionally the O&M Specialist teaches the VI student to travel with proficiency, safety, & confidence in familiar & unfamiliar environments. They consult regularly with classroom teachers, special education staff, & family to assist in home & classroom environmental modifications, adaptations, & considerations & to ensure reinforcement of appropriate O&M skills that will encourage the VI student to travel independently in these settings. Assistive Technology (AT) Services The term “assistive technology service” means any service that directly assists a child with a disability in the selection, acquisition or use of an assistive technology device such as: a) The evaluation of the needs of such child, including a functional evaluation of the child in the child’s customary environment; b) Purchasing, leasing or otherwise providing for the acquisition of assistive technology devices (e.g., iPads, Dynavox, switches, voice output devices, etc.) for such child; c) Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing of assistive technology devices; d) Coordinating and using other therapies, interventions or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs; e) Training or technical assistance for such child, or when appropriate, the family of such child; f) Training or technical assistance for professionals, including individuals providing education and rehabilitation services to the child or otherwise substantially involved in the major life functions of such child. For referral procedures, please access the forms in the Appendix. Section B – Special Support Assessment (SSA) Procedures for Requesting Support Services (SS) Special Support (SS) is provided for students with disabilities when additional support is necessary for the student to meet his or her goals and objectives. Whenever possible, additional assistance is assigned to a school or class. Occasionally, however, a student requires individual support for a designated period of time to address a unique need. By law, services to students with special needs must be delivered in "the least restrictive environment." When the IEP team is considering SS, all aspects of the student's program must be considered. A request for SS is made only after other interventions have proven unsuccessful. A student's educational program must be carefully evaluated to determine when and where the additional support is required. Natural support and existing staff should be used whenever possible to promote the least restrictive environment. A primary goal for all students with special needs is to encourage, promote, and maximize independence. If not carefully monitored, additional assistance can easily and unintentionally foster dependence. As a result, the IEP team must periodically review the continued need and effectiveness of this additional support. In situations involving a new referral to a non-public school (NPS), the district may agree to provide SS for up to three months until an evaluation can be completed. For students currently in a NPS, if the need for SS becomes evident, the NPS should contact the student's district of residence to initiate a referral for a SS evaluation. The district will evaluate the student and present findings and recommendations to the IEP team. Whether in public school or an NPS, if the student already has SS, it is recommended that the district conduct an evaluation to determine the continued need for SS prior to the next annual IEP meeting. When a student new to the district enrolls with an existing IEP that indicates individual assistance is needed, a temporary substitute should be assigned until the evaluation process is completed. Step 1: Document Review If the principal and special education team at the site believe extra support may be necessary to meet a student's goals and objectives, they must conduct an evaluation of the student's needs prior to an IEP meeting. The Summary of Document Review for Special Support (SS #5) needs to be completed. Use the Rubric (SS #2) to assist in quantifying the severity of student need. Supporting documentation should include Review of IEP Goals (SS #3), Review of Behavioral Interventions (SS #4) and review of other documents as appropriate, such as a nurse's assessment, health report, discipline records, independent assessments, etc. If the parent requests additional support, a member of the school staff should confer with the parent to clarify his or her concerns, discuss options, and assist the parent in completing the Reason for Referral and Other Unique Needs sections of the Summary of Documents for Special Support Assessment (SS #5). The parent should sign as the Person Requesting Referral. The 15-day timeline for developing the Special Education Assessment Plan begins on the date of the parent signature. If SS is requested during an IEP meeting without a previous referral, the procedure for requesting SS must be initiated at that time. The IEP meeting should be completed and the referral for SS should be indicated on the IEP. Another IEP meeting will need to be scheduled to review the results of the evaluation. Submit the Summary of Document Review for Special Support Assessment (SS #5), Rubric (SS #2), Review of IEP Goals (SS #3), Review of Behavioral Interventions (SS #4) and additional supplemental documentation to the lead SS case manager. Step 2: Assessment Plan and Parent Permission A student's total educational program must be carefully evaluated to determine where additional support is required. Complete a Special Education Assessment Plan and obtain parent permission to assess. Step 3: Parent/Teacher/Student Interviews Interviews are to be completed at the beginning of the evaluation. The SS case manager should complete the SS Parent Interview (SS #6P) and the SS Teacher Interview (SS #6T) to identify specific areas of concern. It is usually appropriate to complete the SS Student Interview (SS #6S). Step 4: Complete Evaluation including Observational Evaluation It is the responsibility of the SS case manager to ensure that the observation is completed, using the Observational Evaluation for SS (SS #7 - Pages 1-4). The SS case manager, in addition to other appropriate assessors, will review strategies, materials, modifications, and/or accommodations currently in place to assist the student toward achieving goals and objectives. Step 5: Develop SS Evaluation Report When an IEP team is considering SS for a student, all aspects of the student's program must be considered with the intent of maximizing student independence. The SS Evaluation Report (SS #8 Pages 1-2) should address the areas of concern identified in the referral, assessments, interviews, and observations. The SS case manager will ensure the SS Evaluation Report (SS #8 - Pages 1-2) is developed. Step 6: Review Evaluation at IEP Meeting The IEP team will review the results of the evaluation and recommendations at an IEP meeting. If the IEP team determines a need for SS, it is written on the IEP with specific goals and objectives, monitoring strategies, fading strategies, and review dates. Regardless of the circumstances that may indicate the need for support, it is imperative for every IEP to address the skills that will be taught in order for SS to be faded. The level of support required for the student to advance appropriately toward annual goals needs to be defined. A systematic, written plan should specify how additional support will be utilized and monitored. An IEP meeting should be convened if necessary to modify SS. Step 7: Request/Assign SS Staff When the IEP team has determined that SS is required, the SS case manager will process the appropriate paperwork in accordance with district procedures. Step 8: Observational Review The goal for any student with special needs is to encourage, promote, and maximize independence. Periodic observations and review of data may be required to assess the effectiveness of this additional support and to monitor the duration of services. The Observational Review to Determine Continued Need for SS (SS #9 - Pages 1-2) is used if direct observation of the student is required. The IEP team should identify the next scheduled observation date, often within six months and no later than the next annual IEP review, to continually monitor the effectiveness of SS provided to student. Training It is critical that all staff receives appropriate training in curriculum modifications, behavior interventions, using and fading prompts, data collection and reporting, etc. Specific Language for Support Services USE THE STANDARD SELPA IEP FORM. Where to Write the Support Services (SS) SS should NOT be written as a DIS service because "Support Services" is not listed as a DIS service in California Education Code (EC 56363(a)). Some people have held that fading SS could be viewed as a "change of placement." This could be true if SS is listed as a DIS service. No changes should be made to the DIS services without an IEP meeting. However, SS is more correctly written on the Whittier SELPA IEP under "supplementary aids and services to be provided to or on behalf of the student." In this section, indicate the duration, frequency, and location of SS. Additional language clarifying SS should be written in the IEP meeting notes page. Sample language on the IEP page under "supplementary aids and services to be provided to or on behalf of the student" might state: Special support will be provided in the classroom setting for 6 hours each day. Sample language on the IEP notes page might state: In addition to natural supports and existing staff support in the classroom, additional special support will be provided for (student's name) as follows… Indicate how SS will be utilized including hours per day, educational settings (e.g., RSP/SDC vs. regular education classroom), and specific tasks (e.g., toileting, feeding/eating, academics, mobility, at recess to promote appropriate social behavior on the playground, during individual reading instruction). At an annual IEP for a student that currently has aide support, SS form #2, the rubric, will be used, as well as completion of SS #9, “Observational Review to Determine Continued need for Special Support.” A report regarding progress on goals will also be completed. Writing a Fading Plan on the IEP Team Meeting Notes A plan for fading should be specifically written on the IEP notes page, which is clearly understood by the entire team and is very exact. It is important that everyone, especially the parent(s), understand the fading schedule. If needed, the Observational Review to Determine Continued Need for SS (#9) should be completed, and this information should be reviewed at the next IEP meeting (within 3-6 months) to determine the effectiveness of SS. Example 1: In order to promote and maximize student independence, support services will be discontinued when (list the level of independence achieved, skills acquired, or certain conditions met that would indicate SS no longer needed). Example 2: Short-term support services not to exceed ____ weeks. (Use this statement when SS is needed for a specific period of time, such as for a special project, or for a temporary medical condition, etc.) Example 3: By (date), support staff will decrease direct proximity (standing next to the student) by 40% as documented on a daily log and by (2 months later) direct support will be faded by 60%. When not in direct proximity to the student, the additional support staff will be in the same classroom, working with other students or other tasks in order to be available, if necessary, for (student). An IEP meeting will be scheduled for (within 3-6 months) to review the effectiveness of the additional support services. (Name/Title of staff member) will complete the "Observational Review to Determine Continued Need for SS" form, and this information will be reviewed at the next IEP meeting. Example 4: (Student) will receive special support for six periods beginning in September, and decreasing one period per month, for a three month period. Sample Goals and Objectives/Benchmarks Goal 1: By (date), (student) will increase independence skills by demonstrating hand-raising at least three times each day to ask the classroom teacher a question, with indirect prompting from support staff. Obj. 1 By (date), when verbally prompted, (student) will ask support staff a question when he needs help. Obj. 2 By (date), (student) will demonstrate raising his hand to ask support staff a question, when verbally prompted by support staff, at least three times per day. Obj. 3 By (date), (student) will raise his hand to ask a question of the classroom teacher at least one time per day with verbal prompting from support staff. Goal 2: By (date), (student) will demonstrate appropriate playground behavior by lining up within one minute after the bell rings, at least one time per day. Obj. 1 By (date), when given a verbal prompt, (student) will seek out support staff when she hears the bell ring. Obj. 2 By (date), (student) will independently stand next to support staff who is in the children's line, within one minute after the bell rings. Goal 3: By (date), (student) will demonstrate on-task behavior for 10-minute time segments independently 90% of the time as measured by staff data. Benchmark 1: By (date), the above goal will be at 50%. Benchmark 2: By (date), the above goal will be at 70%. Suggested IEP Language When SS is Not Recommended Indicate on the IEP notes page what IS working in the current program. Address natural supports that are in place and effective. Specify accommodations and/or modifications that are already meeting the student's needs. Indicate on the IEP notes page any additional supports to be provided such as accommodations and/or modifications, a Behavior Support Plan or Behavior Intervention Plan, and/or natural supports that are available in the environment. Consider adding IEP goals to address student independence. Example 1 (for a student with academic concerns only): (Student) is receiving the following services and supports: reading intervention instruction twice weekly for 30 minutes each session, classroom aide assigned to the regular education class during reading instruction. RSP collaboration daily for 55 minutes, cross-age tutoring once weekly for 30 minutes, homework club four times a week for 60 minutes, appropriate reading goals on IEP, and access to computerized reading software. In considering current SS evaluation results and the services and supports that are being provided, the IEP team agrees (or the IEP team agrees, with the exception of parents,) that (student) is receiving adequate support at the present time to make satisfactory progress toward all goals. Example 2 (for a student with behavioral and/or social issues): (Student) is receiving the following services and supports: visual schedule, sensory integration services (DIS OT), DIS Speech and Language services, school-based counseling, assigned peer buddy during the transitions and in social situations, high staff/student ratio in all school settings including lunch and recess, consultation with Autism Specialist bi-weekly 60 minutes per session, behavior support plan (or BIP) which has decreased targeted maladaptive behavior by 50% in the last two months. In considering current SS evaluation results and the services and supports that are being provided, the IEP team agrees (or the IEP team agrees, with the exception of the parents,) that (student) is receiving adequate support at the present time to make satisfactory progress toward all goals. Please see the Appendix for forms related to this process. Transition Planning and Dismissal from Special Education Section A – Transition from Infant Services to Preschool Section B – Transition from Preschool to Kindergarten Section C – Transition from Elementary to Middle School (Coming Soon) Section D – Transition from Middle School to High School Section E – Transition from High School to Adult Life Section F – Dismissal from Special Education Section A – Transition from Infant Services to Preschool Infant/Toddler Services: Children under age three who are eligible for services under the federal Individuals with Disabilities Education Act (IDEA), Part C, receive services through the California Early Start Program. Regional Centers share responsibility with local educational agencies (LEAs) for coordinating and providing early intervention services at the local level. Regional centers serve eligible infants and toddlers except those with solely low-incidence disabilities (vision, hearing, severe orthopedic impairments, or any combination thereof). LEAs serve all infants and toddlers with solely lowincidence disabilities and provide services for infants and toddlers eligible for LEA services within the LEAs funded capacity. Transition Services from Infant/Toddler Services to Preschool: When a child reaches three years of age the responsibility for providing educational services for eligible children shifts from California Early Start (under Part C of IDEA) to the LEA (under Part B of the IDEA). Under state and federal laws, children with suspected disabilities must be referred to the LEA before age three so that the flow of services will continue with minimal disruption. ERUSD Transition Services from Infant/Toddler Services to Preschool: Children residing within ERUSD boundaries typically receive Infant/Toddler (Part C) services through the East Los Angeles Regional Center (ELARC) or through the Leffingwell Infant Center. With approval from the child’s family, the agency providing Part C services is responsible for convening an IFSP/Transition conference attended by the agency providing early intervention services, the family and the LEA at least 90 days before the child’s third birthday. ERUSD collaborates with Whittier Area Cooperative Special Education Program (WACSEP) for all children receiving early intervention services who are transitioning into Preschool services. The transition process is as follows: Timeline Before 2 years, 9 months Between 2y3m – 2y9m After the Transition IFSP meeting By 3 years old Actions Early Start service coordinator invites WACSEP Social Worker to Transition IFSP meeting Transition IFSP will be held. At the Transition IFSP meeting: - Early Start service coordinator reviews the transition process from Part C to Part B services - Early Start service coordinator facilitates referral to WACSEP - WACSEP Social Worker completes intake interview/ “Intake Review Sheet” with child’s parents/guardians - WACSEP Social Worker delivers the intake file to Preschool Intake Assessment Team (PIAT) satellite location. - PIAT clerical staff coordinates completion of necessary paperwork, schedules assessment with child’s parents/guardians and appropriate specialist(s). - Based on area(s) of suspected need(s) an Assessment Plan is completed by WACSEP - The child is assessed in all areas of suspected disabilities by WACSEP specialists and ERUSD special education teacher, if necessary. Initial IEP meeting will be held At the IEP meeting: - Results of completed assessments will be reviewed - Student’s strengths and areas of need will be discussed - Eligibility for special education services will be determined - If applicable, goals and objectives will be developed - Placement and related services will be determined Section B – Transition from Preschool to Kindergarten For all preschool students receiving Special Education services, a Kindergarten Transition IEP is completed prior to entry into Kindergarten. Timeline August – February January – February February – April March – May May – June June Actions Student’s case manager and all other service providers will collect ongoing data and monitor student’s progress in order to support the upcoming transition process. Case manager will schedule the Kindergarten Transition IEP meeting with child’s parents/guardians and all necessary specialists, as well as relevant outside agencies. When necessary the case manager will generate an Assessment Plan to obtain parents’ consent for all areas of suspected need and /or disability. When necessary, appropriate specialists will conduct assessments after parent consent has been obtained. Assessment results will be presented within 60 days of receipt of parents’ written consent. Kindergarten Transition IEP meetings will be held at the student’s current school placement. At the Kindergarten Transition IEP meetings: - Student’s progress towards goals and objectives will be discussed - Results of any completed assessments will be reviewed - Goals and objectives will be developed - Placement and related services for Kindergarten will be discussed determined by the IEP team A Program Specialist will invite and encourage parents/guardians to attend an orientation visit to their child’s prospective Fall placement. Prior to the end of the school year, the case manager will review and organize the Special Education file and ensure that the SPED file is complete. Section C – Transition from Elementary to Middle School (Coming Soon) Section D – Transition from Middle School to High School The process for transition IEP meetings for students transitioning from middle school to high school is as follows: In preparation for the IEP meeting: The student’s case manager contacts the school psychologist at the high school (for students receiving Specialized Academic Instruction) to identify possible dates for IEP meetings. The case manager contacts the ASAI Program Specialist (for students receiving ASAI) to identify possible dates for IEP meetings and the special education teacher from the high school that will be attending the IEP. The case manager sets up the meeting to be held at the student’s school site (middle school). For the IEP meeting: The IEP meeting is held at the middle school that the student is currently attending. The IEP Participants include: Parent, Student, Administrative Designee (Counselor or SPED Teacher from high school), General Education Teacher (from Middle School), Special Education Teacher-Case Manager from Middle School and Special Education Teacher-High School. The following are discussed at the IEP meeting: o Parent’s input / concerns o Student’s progress towards goals and objectives o Student’s current needs o Student’s current services o Service options in the high school o A plan is developed to address student’s needs in the Least Restrictive Environment A representative from the high school completes the Transition Meeting Information Sheet The Parent is given an informational packet which contains information about the high school information: schedule, diploma requirements, non-diploma track descriptions, school activities, IEP information, case manager duties and contact information) Section E – Transition from High School to Adult Life IDEA requires that for students beginning no later than age 14, one of the purposes of the Annual meeting will be a discussion of transition service needs. Beginning at least by age 16 the discussion will focus upon planning for needed transition services. The following information was taken from “A Guide to Transition” by Career Connection, Whittier Union High School District : The word “Transition” is used to describe the passage from school to adult life, from the classroom to the workplace. The goal of transition is to insure that assistance begins in the school and continues afterward to move the student smoothly into employment and independent living. “Transition Services” is the term that refers to a coordinated set of activities for a child with a disability that: o Is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child’s movement from school to post-school activities, including postsecondary education, vocational education, integrated employment (including supported employment), continuing education, adult services, independent living, or community participation; o Is based on the individual child’s needs, taking into account the child’s strengths, preferences, and interests; and o Includes instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, if appropriate, acquisition of daily living skills and functional vocational evaluation. Per IDEA, beginning not later than the first IEP to be in effect when the child turns 16, or younger if determined appropriate by the IEP team, and updated annually thereafter, the IEP must include: o Appropriate measurable goals based on age appropriate transition assessments related to training, education, employment, and where appropriate, independent living skills; o The transition services (including course of study) needed to assist the child in reaching these goals; and o Beginning no later than one year before the child reaches the age of majority under State law, a statement that the child has been informed of the child’s rights under Part B, if any, that will transfer to the child on reaching age of majority The Individual Transition Plan (ITP) is the 2 page document in the IEP that delineates the post-school goals and transition services, and specifically must include: o Measurable post-school goals (based on upon age appropriate assessments) related to: Training/education (includes vocational education and adult education Employment (includes supported employment) Independent living skills (where appropriate) o Transition services (a coordinated set of activities needed to assist the student in reaching post-school goals) written in the following areas: Instruction (course of study) diploma or certificate of completion Related services o o Community Experiences Employment Other post-school living objectives Acquisition of daily living skills (when appropriate) Functional vocational evaluation (where appropriate) Age of majority: An Age of Majority Statement needs to be signed no later than 1 year before the student reaches the age of majority. This statement declares that the student has been informed of his/her rights that transfer to the student at the age of majority. Once the student turns 18, the student is the one to receive the IEP meeting notice, a copy of the parent rights/procedural safeguards, and approve the development and implementation of the IEP/ITP. Other notes on documenting Transition Services in the IEP: Measurable annual goals The transition annual goals listed in the IEP should relate to specific postsecondary goals. These goals are to be worked on while the student is still in high school. Meeting these goals will assist the student in completing their post-secondary goals. Transition related assessment The transition assessment process includes gathering both academic and functional information and data. Formal and/or informal assessment procedures provide valuable information for transition planning. Age appropriate assessment in the areas of education, employment and where appropriate, independent living, is mandated by IDEA 2004. Community agency participation As the student is preparing to enter the adult world, participation in the IEP will expand to additional agencies and services that will be supporting the student. IDEA requires the school district to invite and orchestrate services provider involvement in the transition meeting. When agency representatives are not available to attend the meeting, it is important to get their input ahead of time. Key transition planning partnerships include: o Department of Rehabilitation o Disabled Programs and Services Office at the Community College o Regional Center Summary of Performance The Summary of Performance (SOP), although not a part of the IEP, is required by IDEA 2004. When a student exits the school system, either by obtaining a diploma or aging out, schools must provide them with a SOP to assist in the transition from school to post school activities. Contents include a summary of the student’s academic achievement and functional performance, which will include recommendations on how to assist in the student in meeting his/her post-secondary goals. Include accommodations and modifications that have been utilized in high school in the academic, cognitive and functional areas. This information is intended to help establish a student’s eligibility and need for reasonable accommodations and supports in post-secondary settings. The SOP should also include specific information regarding adult support services and agencies to allow the student and family to access support as needed. Transitions from High School to Adult Transition Program (ATP) The process for transition IEP meetings for students transitioning from high school into the Adult Transitions Program (ATP) is as follows. In preparation for the IEP meeting: The student’s case manager at the high school contacts the school psychologist at the ATP to consult about which students will be transitioning, in order to assist in facilitating the transition process. The student’s case manager sets up the meeting to be held at the student’s high school site. For the IEP meeting: The IEP meeting is held in the Spring of the student’s fourth consecutive year of high school. The IEP Participants include: Parent, Student, Administrator/Admin Designee, General Education Teacher (from High School), Special Education Teacher/Case Manager from High School, representative from ATP (i.e., Administrator, SPED teacher or school psychologist). The following are discussed at the IEP meeting: o Parent’s input / concerns o Student’s progress towards goals and objectives o Student’s current needs o Student’s current services o Service options in the high school o A plan is developed to address student’s needs in the Least Restrictive Environment Section F – Dismissal from Special Education After the IEP meeting:(Student aging out) o The case manager at the high school will ensure that all of the student’s specific instructional materials / supports are sent to ATP, i.e., communication books, schedules, reinforcers, token boards, etc., o Prior to the end of the school year, the case manager will review and organize the Special Education file Section F – Dismissal from Special Education (Students aging out of Special Education) Any person who becomes 22 years of age during the months of January to June, inclusive, while participating in a program under this part may continue his or her participation in the program for the remainder of the current fiscal year, including any extended school year program for individuals with exceptional needs established pursuant to Section 3043 of Title 5 of the California Code of Regulations and Section 300.106 of Title 34 of the Code of Federal Regulations. Any person otherwise eligible to participate in a program under this part shall not be allowed to begin a new fiscal year in a program if he or she becomes 22 years of age in July, August, or September of that new fiscal year. However, if a person is in a year-round school program and is completing his or her individualized education program in a term that extends into the new fiscal year, then the person may complete that term. Any person who becomes 22 years of age during the months of October, November, or December while participating in a program under this act shall be terminated from the program on December 31 of the current fiscal year, unless the person would otherwise complete his or her individualized education program at the end of the current fiscal year. No local educational agency may develop an individualized education program that extends these eligibility dates, and in no event may a pupil be required or allowed to attend school under the provisions of this part beyond these eligibility dates solely on the basis that the individual has not met his or her goals or objectives Behavior Support and Interventions Section A – Progression of Behavior Interventions Section B – Behavior Support Plans/ Behavior Intervention Plans Section C – Overview of Procedural Safeguards (Suspensions, Expulsions, Manifestation Determination Procedures) Section D – Weapons, Drugs, or Serious Injury Procedures Section E – Blank Behavior Forms and Sample Completed Forms Section A – Progression of Behavior Interventions 56520. (a) The Legislature finds and declares all of the following: (1) That the state has continually sought to provide an appropriate and meaningful educational program in a safe and healthy environment for all children regardless of possible physical, mental, or emotionally disabling conditions. (2) That some schoolage individuals with exceptional needs have significant behavioral challenges that have an adverse impact on their learning or the learning of other pupils, or both. (3) That Section 1400(c)(5)(F) of Title 20 of the United States Code states that research and experience demonstrate that the education of children with disabilities can be made more effective by providing incentives for positive behavioral interventions and supports to address the learning and behavioral needs of those children. (4) That procedures for the elimination of maladaptive behaviors shall not include those deemed unacceptable under Section 49001 or those that cause pain or trauma. (b) It is the intent of the Legislature: (1) That children exhibiting serious behavioral challenges receive timely and appropriate assessments and positive supports and interventions in accordance with the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and its implementing regulations. (2) That assessments and positive behavioral interventions and supports be developed and implemented in a manner informed by guidance from the United States Department of Education and technical assistance centers sponsored by the Office of Special Education Programs of the United States Department of Education. (3) That when behavioral interventions, supports, and other strategies are used, they be used in consideration of the pupil’s physical freedom and social interaction, be administered in a manner that respects human dignity and personal privacy, and that ensure a pupil’s right to placement in the least restrictive educational environment. (4) That behavioral intervention plans be developed and used, to the extent possible, in a consistent manner when the pupil is also the responsibility of another agency for residential care or related services. (5) That training programs be developed and implemented in institutions of higher education that train teachers and that in-service training programs be made available as necessary in school districts and county offices of education to ensure that adequately trained staff are available to work effectively with the behavioral intervention needs of individuals with exceptional needs. SEC. 42. Section 56521.1 is added to the Education Code, to read: 56521.1. (a) Emergency interventions may only be used to control unpredictable, spontaneous behavior that poses clear and present danger of serious physical harm to the individual with exceptional needs, or others, and that cannot be immediately prevented by a response less restrictive than the temporary application of a technique used to contain the behavior. (b) Emergency interventions shall not be used as a substitute for the systematic behavioral intervention plan that is designed to change, replace, modify, or eliminate a targeted behavior. (c) No emergency intervention shall be employed for longer than is necessary to contain the behavior. A situation that requires prolonged use of an emergency intervention shall require the staff to seek assistance of the school site administrator or law enforcement agency, as applicable to the situation. (d) Emergency interventions shall not include: (1) Locked seclusion, unless it is in a facility otherwise licensed or permitted by state law to use a locked room. (2) Employment of a device, material, or objects that simultaneously immobilize all four extremities, except that techniques such as prone containment may be used as an emergency intervention by staff trained in those procedures. (3) An amount of force that exceeds that which is reasonable and necessary under the circumstances. (e) To prevent emergency interventions from being used in lieu of planned, systematic behavioral interventions, the parent, guardian, and residential care provider, if appropriate, shall be notified within one school day if an emergency intervention is used or serious property damage occurs. A behavioral emergency report shall immediately be completed and maintained in the file of the individual with exceptional needs. The behavioral emergency report shall include all of the following: (1) The name and age of the individual with exceptional needs. (2) The setting and location of the incident. (3) The name of the staff or other persons involved. (4) A description of the incident and the emergency intervention used, and whether the individual with exceptional needs is currently engaged in any systematic behavioral intervention plan. (5) Details of any injuries sustained by the individual with exceptional needs, or others, including staff, as a result of the incident. (f) All behavioral emergency reports shall immediately be forwarded to, and reviewed by, a designated responsible administrator. (g) If a behavioral emergency report is written regarding an individual with exceptional needs who does not have a behavioral intervention plan, the designated responsible administrator shall, within two days, schedule an individualized education program (IEP) team meeting to review the emergency report, to determine the necessity for a functional behavioral assessment, and to determine the necessity for an interim plan. The IEP team shall document the reasons for not conducting the functional behavioral assessment, not developing an interim plan, or both. (h) If a behavioral emergency report is written regarding an individual with exceptional needs who has a positive behavioral intervention plan, an incident involving a previously unseen serious behavior problem, or where a previously designed intervention is ineffective, shall be referred to the IEP team to review and determine if the incident constitutes a need to modify the positive behavioral intervention plan. SEC. 43. Section 56521.2 is added to the Education Code, to read: 56521.2. (a) A local educational agency or nonpublic, nonsectarian school or agency serving individuals with exceptional needs pursuant to Sections 56365 and 56366, shall not authorize, order, consent to, or pay for the following interventions, or any other interventions similar to or like the following: (1) Any intervention that is designed to, or likely to, cause physical pain, including, but not limited to, electric shock. (2) An intervention that involves the release of noxious, toxic, or otherwise unpleasant sprays, mists, or substances in proximity to the face of the individual. (3) An intervention that denies adequate sleep, food, water, shelter, bedding, physical comfort, or access to bathroom facilities. (4) An intervention that is designed to subject, used to subject, or likely to subject, the individual to verbal abuse, ridicule, or humiliation, or that can be expected to cause excessive emotional trauma. (5) Restrictive interventions that employ a device, material, or objects that simultaneously immobilize all four extremities, including the procedure known as prone containment, except that prone containment or similar techniques may be used by trained personnel as a limited emergency intervention. (6) Locked seclusion, unless it is in a facility otherwise licensed or permitted by state law to use a locked room. (7) An intervention that precludes adequate supervision of the individual. (8) An intervention that deprives the individual of one or more of his or her senses. (b) In the case of a child whose behavior impedes the child’s learning or that of others, the individualized education program team shall consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior, consistent with Section 1414(d)(3)(B)(i) and (d)(4) of Title 20 of the United States Code and associated federal regulations. SEC. 44. Section 56523 of the Education Code is amended to read: 56523. (a) The Superintendent shall repeal those regulations governing the use of behavioral interventions with individuals with exceptional needs receiving special education and related services that are no longer supported by statute, including Section 3052 and subdivisions (d), (e), (f), (g), and (ab) of Section 3001 of Title 5 of the California Code of Regulations, as those provisions existed on January 10, 2013. (b) This chapter is necessary to implement the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and associated federal regulations. This chapter is intended to provide the clarity, definition, and specificity necessary for local educational agencies to comply with the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and shall be implemented by local educational agencies without the development by the Superintendent and adoption by the state board of any additional regulations. (c) Pursuant to Section 1401(9) of Title 20 of the United States Code, special education and related services must meet the standards of the department. (d) As a condition of receiving funding from the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), a local educational agency shall agree to adhere to this chapter and implementing federal regulations set forth in this chapter. (e) The Superintendent may monitor local educational agency compliance with this chapter and may take appropriate action, including fiscal repercussions, if either of the following is found: (1) The local educational agency failed to comply with this chapter and failed to comply substantially with corrective action orders issued by the department resulting from monitoring findings or complaint investigations. (2) The local educational agency failed to implement the decision of a due process hearing officer based on noncompliance with this part, provisions of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), or the federal implementing regulations, wherein noncompliance resulted in the denial of, or impeded the delivery of, a free appropriate public education for an individual with exceptional needs. (f) Commencing with the 2010–11 fiscal year, if any activities authorized pursuant to this chapter and implementing regulations are found be a state reimbursable mandate pursuant to Section 6 of Article XIII B of the California Constitution, state funding provided for purposes of special education pursuant to Item 6110-161-0001 of Section 2.00 of the annual Budget Act shall first be used to directly offset any mandated costs. Section B – Behavior Support Plans/Behavior (g) The Legislature hereby requests the Department of Finance on or before December 31, 2013, to exercise its authority pursuant to subdivision (d) of Section 17557 of the Government Code to file a request with the Commission on State Mandates for the purpose of amending the parameters and guidelines of CSM-4464 to delete any reimbursable activities that have been repealed by statute or executive order and to update offsetting revenues that apply to the mandated program. SEC. 45. Section 56525 of the Education Code is amended to read: 56525. (a) A person recognized by the national Behavior Analyst Certification Board as a Board Certified Behavior Analyst may conduct behavior assessments and provide behavioral intervention services for individuals with exceptional needs. (b) This section does not require a district, special education local plan area, or county office to use a Board Certified Behavior Analyst to conduct behavior assessments and provide behavioral intervention services for individuals with exceptional needs. Intervention Plans Section B – Behavior Support Plans/ Behavior Intervention Plans Please click on the following link to access the Behavior Intervention Plan form: http://www.pent.ca.gov/frm/forms.html Section C – Overview of Procedural Safeguards (Suspensions, Expulsions, Manifestation Determination Procedures) Legal Protection A. All children with disabilities between the ages of birth through 21 are entitled to receive FAPE (a free and appropriate public education) -- this includes children with disabilities who have been suspended or expelled from school. Students with disabilities have extra legal protections when a student’s disciplinary removal from school constitutes a change in placement. B. When a principal/designee imposes a suspension or expulsion for a student who violates the District’s Student Discipline Policies, (s)he must consider whether the student: 1. 2. Has an IDEA or Section 504 disability; or Is a student who is “thought to have a disability (see Section IV below).While all students may be disciplined, the placement of a student with disabilities cannot be “changed” when the disciplinary offense is directly related to his/her disability, except in the case of emergency circumstances (drugs, weapons, significant bodily injury - see Section E below). II. Determining Change in Placement Change in placement is a legal term that applies to the following situations: A. More than 10 Consecutive or 20 Total School Days. A suspension for more than 10 consecutive or 20 total school days in a school year is considered to be a change in placement. The sections below provide more information about what constitutes a day of suspension under this provision. 1. In-school Suspension. An in-school suspension will not be considered to be a suspension for the above purposes as long as a student is given the opportunity to continue to: appropriately participate in the general curriculum; receive IEP specified services; and participate with nondisabled children to the extent specified in the IEP. Any in-school suspension (full or partial) that does not meet this standard must be considered to be a suspension for purposes of these procedures. 2. Suspension/Removal for Portion of School Day. If a student is sent home early from school because of misconduct, the early dismissal must be counted as a full or half-day of suspension (depending on the amount of time the student was suspended) unless the student’s BIP specifically calls for the student to receive a shortened school day when certain behaviors are exhibited. 3. Bus Suspension a. Bus Transportation Is IEP Service. When transportation is an IEP service, a student’s removal from the bus is considered to be a suspension unless transportation is provided by the ERUSD in another manner. In this case, transportation has been determined to be necessary for the student to access educational services. b. Bus Transportation Is Not IEP Service. When transportation is not an IEP service, the student’s removal from the bus is NOT considered to be a suspension. In this case the student/parent has the same obligations for the student to get to and from school as any nondisabled peers suspended from the bus. However, school officials should consider whether the bus behavior is similar to classroom behavior that IS addressed in an IEP and whether the bus behavior should be addressed in the IEP or through a BIP. In-school suspension and suspension from the bus may constitute a suspension to the extent they impact implementation of a student’s IEP. (See Bus Suspension below for more information on this topic.) B. Pattern of Suspensions. 1. Cumulative School Days of Suspension. Once a student’s cumulative suspensions total more than five school days and a pattern of behavior has been observed and documented by school personnel, it is recommended that the IEP team meet to determine if a BSP needs to be revised or developed. Another IEP meeting must be held if the student continues to be suspended and reaches 10 cumulative school days of suspension for the school year. 2. Determining Pattern. The case manager, in consultation with others, evaluates whether any days of suspension beyond 10 cumulative school days constitutes a pattern of suspensions tantamount to a change in placement (cap of 20 days per year). A pattern occurs when a student is suspended for behavior that is “substantially similar” to behavior for which (s)he was previously suspended. Factors may include the same type of behavior, same victim, same class, and same day of the week or same time of day. a. Not Change in Placement. If the suspensions do not exceed 10 consecutive or 20 total school days and do not constitute a pattern of suspensions, then there is no change in placement and the student may be subject to the same consequence the school applies to all students who violate ERUSD’s Student Discipline Policies. By the 11th school day of total suspensions, however, the case manager must follow the procedures described below in Section E to ensure that the student continues to receive appropriate educational services. b. Change in Placement. Suspensions that exceed 10 consecutive or 20 total school days or exhibit a pattern of suspensions constitute a change in placement. In these circumstances, on the date a decision is made to remove a student, the case manager must notify the parents of that decision, provide the parents with a Procedural Safeguards Notice and follow the procedures below regarding manifestation determination and continuation of educational services. III Determining Manifestation Determination & Services for Student Within 10 school days of any decision resulting in a change of placement, the IEP team, including the school psychologist, must meet and document its process on the Manifestation Determination form. The team uses the following process to determine whether the student’s behavior is a manifestation of his/her disability. A. Document the Student’s Disability B. Review Relevant Information. Documentation should include a review of all relevant information in the student’s education container, including the IEP. If the IEP was not implemented; the team should document why it was not implemented and whether the failure to implement impacted the student's behavior. C. Observe Behavior. Documentation should also include a review of staff observations regarding the student's behavior. This should include an analysis of the student’s behavior across settings and times throughout the school day. D. Gather Information from Parents. Review any relevant information provided by the parents. E. Ask Two Questions to Determine Manifestation. Based on the above information, the IEP team answers the questions in “a” and “b” below. 1. Relationship of Behavior to Misconduct. Was the conduct caused by or is directly and substantially related to the student’s disability? Consider if the behavior has been consistent and/or has an attenuated association with the disability: a. Consistent Behavior. Behavior that has been consistent across settings and across time may meet this standard. b. Attenuated Association. Behavior that is not an attenuated association, such as low self-esteem, to the disability would not have a direct and substantial relationship to the student’s disability. 2. IEP Implementation. Was the conduct a direct result of the school’s failure to follow the student’s IEP? If so, the principal must ensure that immediate steps are taken so that the identified deficiencies are remedied. IV Behavior Is Manifestation of Disability. If the IEP team answers yes to the questions in either “1” or “2” above, then the student’s behavior is a manifestation of his/her disability. In this case: A. Return to Placement. Unless the parent and ERUSD agree to a change of placement as part of a modification of the BSP/BIP, the ERUSD must return the student to the placement from which (s)he was removed. Note: This provision does not apply to students involved with weapons, drugs or serious bodily injury (see Section II). V Behavior is NOT Manifestation of Disability A. General Rule. If the team agrees that the student’s conduct was not a manifestation of his/her disability, then the student may be subject to the same consequences as all students. However, during the period of expulsion or transfer to an Interim Placement Setting, the student must continue to receive special education services prescribed by the IEP and the team must create or revise a BSP to address the offending conduct. (See Section F below.) B. Case-by-Case Determination. School personnel may consider any unique circumstances on a case-by-case basis when determining if a change in placement has occurred for a student with a disability who violates a code of student conduct. C. Disagreement. If a parent disagrees with the team’s decision that the behavior was not a manifestation of the student’s disability or with the interim alternative educational services or location; the parent may request an expedited due process hearing to challenge this finding. If the Hearing Officer agrees with the parent, the student will remain in the school where the offense was committed unless the parent and the school agree otherwise. Section D – Weapons, Drugs, or Serious Injury Procedures A. Criteria. Students who commit offenses relating to the three circumstances below may be immediately removed for no more than 45 school days regardless of whether the offense may have been a manifestation of the student’s disability. 1. Weapons. Student carries a weapon to or possesses a weapon at school, on school premises, or to or at a school function under the ERUSD’s jurisdiction. A weapon is a device, instrument, material, or substance animate or inanimate that is used for or is readily capable of causing death or serious bodily injury Includes pocket knives with a blade of 2 ½ inches or more in length; firearms, including a starter gun; the frame or receiver of such a weapon; a muffler or silencer; and any destructive device including any explosive incendiary or poison gas bombs, grenades, rockets, missiles and mines. 2. Drugs. Student knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school function under ERUSD jurisdiction. A controlled substance is a drug or other substance in the Federal Code that does not include a substance legally used and possessed under the supervision of a licensed health-care professional. Note: Possession of alcohol and tobacco does not fall under “controlled substance.” Therefore, the principal cannot move a student to an IAES for possession of these items under this section. Instead, the removal is subject to the procedural safeguards applicable to other types of misconduct. 3. Seriously Bodily Injury. Student inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of the State or a school district. Serious bodily injury involves substantial risk of death; extreme physical pain; protracted and obvious disfigurement; or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. B. Removal. If a student committed one of the above three offenses, the school principal may immediately remove him/her to an IAES for up to 45 school days. Because drugs, weapons, and serious bodily injury are so dangerous to a safe school climate, the removal may occur regardless of whether the team believes that the behavior is a manifestation of the student’s disability. The 45 school days do not include those days the school is not in session (e.g., Spring Break). The IEP team may specify a removal for fewer days than the maximum 45 days. To comply with the law, a 45 school day emergency removal for serious bodily injury must be extremely serious, i.e., requiring medical treatment. Note: Prior to the end of the 45-day interim setting placement period, the ERUSD may request an expedited hearing if it believes that returning the student to the original placement is substantially likely to result in injury to the student or to others. C. Action during Removal. During the 45 school day period, the school must convene a manifestation determination meeting following the procedures discussed in Section I.C. above to determine what steps must be taken to address the student’s behavior. Note: By the 11th day of removal, the IEP team must describe the services the student will receive to enable him/her to continue to participate in the general education curriculum and make progress toward meeting the goals set out in the student’s IEP. 1. Behavior IS Manifestation of Disability a. FBA/BIP. The IEP team must conduct or review an FBA and create a BIP addressing ways that the school can help the student with the conduct at issue. If the student already has a BIP, it must be reviewed and modified, as appropriate. Note: If a new FAA is required to assess a student’s behavior, parental consent is required. b. Reassessment. The student may be referred for a reassessment. c. Reconsider Services. The IEP team may meet to consider more intensive special education services upon the expiration of the 45 day IAES or sooner, which may take place in a setting that is different from the school site in which the infraction occurred. 2. Behavior is NOT Manifestation of Disability. a. Regular Discipline Proceedings. If all team members determine that the conduct was not a manifestation of the student’s disability, the District may apply to the student its regular disciplinary proceedings, e.g., expulsion, that applies to all students. To comply with the law, a 45 school day emergency removal for serious bodily injury must be extremely serious, i.e., requiring medical treatment.) b. FAA/BIP. The student must receive, as appropriate, an FAA and BIP services and modifications, which are designed to address the behavior related to the disciplinary violation so that it does not recur. III. Appeals A. Reasons for Requesting an Expedited Due Process Hearing 1. Parent Disagreement. Parents who disagree with a manifestation determination, the appropriateness of an IAES, or other IEP services that will be provided during the student’s removal, may request an expedited due process hearing. 2. School Considers Student to be Dangerous. In some cases, a student that did not commit one of the three “emergency” offenses discussed above is considered by school officials to be dangerous. If the principal/designee has solid reasons to believe that keeping the student in his/her current school is substantially likely to result in injury to the student or to others, the Principal/designee consults with the appropriate PPS personnel to consider a request for an emergency due process hearing to seek a transfer of the student to an IAES for up to 45 school days. In this case, dangerous conduct may exist when there has been no serious bodily injury. B. Authority of Hearing Officer 1. A hearing officer may: a. Return the student to the placement from which the student was removed if the hearing officer determines that the removal did not comply with the procedures described above or that the student’s behavior was a manifestation of the student’s disability; or b. Order a change of placement to an IAES for not more than 45 school days if maintaining the current placement of the student is substantially likely to result in injury to the student or to others. 2. At the end of the 45-day IAES period, the OMSD may request another expedited hearing if it believes that returning the student to the original placement is substantially likely to result in injury to the student or to others. C. Expedited Due Process Hearing Procedures. The following procedures apply to expedited due process hearings: 1. CDE arranges the expedited hearing, which must take place within 20 school days of the date the request is filed. The hearing officer must make a determination within 10 school days after the hearing. 2. Unless the parents and the OMSD agree in writing to waive the resolution meeting or agree to mediate the dispute: a. A resolution meeting must occur within seven days of receiving notice of the hearing request; and b. The hearing may proceed unless the matter has been resolved to the satisfaction of both parties within 15 days of receipt of the hearing request. 3. Evidence that is not disclosed to the other party at least three business days before the hearing is excluded, unless the parties agree otherwise. Decisions from expedited due process hearings are appealable to state or federal court. D. Placement during Appeal of Discipline Decision 1. Weapons, Drugs or Serious Bodily Injury. The student remains in the IAES pending the decision of the hearing officer or until the expiration of the 45 day or code violation time period (if less than 45 school days), whichever occurs first, unless the parent and OMSD agree otherwise. 2. Behavior Not Manifested by the Student’s Disability. The student remains in the Interim placement pending the decision of the hearing officer or until the expiration of the 45 day or code violation time period (if less than 45 school days), whichever occurs first, unless the parent and ERUSD agree otherwise. 3. Behavior Is Manifested by the Student’s Disability but the ERUSD Believes Behavior is Substantially Likely to Cause Injury. The student remains in the placement (s)he was in at the time of the incident in question. IV. Students Without IEPs or Section 504 Plans “Deemed to Have a Disability” A. Knowledge of Suspected Disability (thought to be a student with a disability.) There are certain legal circumstances that indicate a school official had knowledge that a student may, or is thought to, have a disability prior to the disciplinary violation. The following three circumstances apply: 1. Assessment Requested. The parent requested an assessment before the incident occurred: 2. Written Concern. The parent expressed concerns in writing to the student’s teacher or school administration about the student’s need for special education and related services 3. Specific Concerns by School Personnel about Pattern of Behavior. The student’s teacher or other school staff told Special Education Programs Division staff or, school administrative personnel, of specific concerns about the student’s pattern of behavior. If any of the above three circumstances are present, then school officials must consider the student as having a disability. Impact of Early Intervening Services (i.e. RTI) The United Stated Department of Education’s comments to the IDEA regulation specifies that School District staff will not be considered to have a basis of knowledge merely because a student receives early intervening services UNLESS a parent or teacher expresses a concern, in writing, to appropriate District personnel that the student may need special education and related services. B. NOT Deemed To Have Knowledge. This provision does not apply if: 1. No Consent. Parent did not consent to an initial assessment of the student; 2. Refused Services. Parent refused special education and related services for the student; or 3. Not Disabled. The student was evaluated and was determined not to have disability. If any of these three circumstances exist, the student may be subjected to the same disciplinary measures applied to those without disabilities engaging in similar behaviors. C. Parent Requests Assessment after Incident Occurred. If the parent requests an assessment for a suspected disability after the student is sent to an IAES, the school must conduct an expedited assessment at parental request. However, during the assessment, the student remains in the ERUSD determined placement, including in the interim placement setting. If the student is found to have a disability, an IEP must be developed. The IEP team must then conduct a manifestation determination to determine if the disability caused or had a direct and substantial relationship to the offense. If so, the team needs to reconsider the student’s placement in light of the new information. Section E – Blank Behavior Forms and Sample Completed Forms A. Reporting Crimes. Nothing in this part prohibits a principal or ERUSD staff from V. Referral to and Action by Law Enforcement and Judicial Authorities reporting a crime committed by a student with a disability to appropriate authorities or prevents state law enforcement and judicial authorities from exercising their responsibilities with regard to the application of Federal and State law to crimes committed by a student with a disability B. Transmittal of Records. ERUSD officials reporting a crime committed by a student with a disability must ensure that copies of the special education and disciplinary records of the student are transmitted for consideration by the appropriate authorities to whom the agency reports the crime. Records must be transmitted only to the extent that the transmission is permitted by the Family Educational Rights and Privacy Act. For further information about this requirement, contact the Compliance, or Legal Office. VI. Application of Section 504 and ADA Generally, students with disabilities eligible for services only under Section 504/ADA (i.e., need related and supplementary aids and services only) are entitled to the procedural safeguards specified in this section. An exception to this general rule applies to students with behavior that is not a manifestation of his/her disabilities. In this case, these students are entitled to those services normally available to nondisabled students who are suspended or removed pursuant to the ERUSD Code of Student Conduct. Please click the following link for Functional Behavior Assessment Reports and Data Collection Forms: http://www.pent.ca.gov/frm/forms.html Section E – Blank Behavior Forms and Sample Completed Forms For a copy of the form above, please click here: http://www.pent.ca.gov/frm/forms.html The following are the procedures for a Behavior Emergency Report (BER): WHITTIER AREA COOPERATIVE SPECIAL EDUCATION PROGRAM BEHAVIOR EMERGENCY REPORT Student: School: Name of Person Completing Form (please print): Signature of Person Completing Form: DOB: Teacher: Date: Grade: Check any/all behavior categories that apply to this incident: □ Serious Property Damage Setting: □ Self Injurious Behavior People Involved: Describe Student Behavior/ Description of Incident □ accommodate materials/expectations □ referral to: DEFENSIVE: (Questions, refuses, vents intimidates) ACTING OUT: DIRECTIVE: □ redirect, restate direction □ set limits: □ separate student from group □ sit out within group □ go to specific location (class/campus) NONVIOLENT PHYSICAL CRISIS INTERVENTION: Team: Dangerous Behavior □ □ □ □ □ □ Self Control Reestablished TENSION REDUCTION: Prevention SUPPORTIVE: □ proximity □ counseling □ restructure routine/environment clear □ children’s control position block □ team control position release □ escort visual supervision call administrator other THERAPEUTIC RAPPORT: □ Review events □ Review schedule □ Counseling □ Referral to: _______________ □ Other ___________________________________________________ ___________________________________________________ ___________________________________________________ INJURY/MEDICAL: □ Sent to nurse □ First aid □ other: _____________________________________________________ □ 911 Paramedics □ CPR _____________________________________________________ COMPLETE WITHIN 24 HOURS OF INCIDENT. IF NECESSARY, ATTACH NARRATIVE REPORT DESCRIBING THIS INCIDENT. Send copies to the following: Student File, WACSEP Psychologist, Special Education Administration, Parent Intervention Escalation Stages ANXIETY: Check Staff Response Used/ Emergency Intervention Debriefing □ Serious Assaultive Behavior □ Other Pervasive Maladaptive Time: Early Informal Dispute Resolution (EIDR) Process Section A- Process Section B- Forms Section A- Process EARLY INFORMAL DISPUTE RESOLUTION The main purpose of special education is to provide an educational benefit to students with a disability. This goal is rarely achieved in an adversarial environment where parents are untrusting of teachers and administrators. Instead, there needs to be an emphasis on developing partnerships within a system that gives its participants confidence that a real result or change will be created in an efficient and fair environment. Students’ attorneys, advocates, parents, and students themselves, should be invited to participate in a collaborative effort of improving the special education program. A school district will be in a better position to prevent the possibility of class action lawsuits and unnecessary litigation by implementing the following: Inform students and their families about disabilities and available resources. The more knowledgeable families are the less likely they will file petitions when they understand there are other mechanisms that will assist them. Develop written information to explain school district resources and procedures. Reach out to local universities and colleges to develop training programs with on-the-job opportunities for teachers, aides, and therapists. Form relationships with local hospitals and clinics in order to enhance resources for information and support. ERUSD General Early Informal Dispute Resolution Process Flowchart (All Students) Step 1 Step 2 Parent completes EIDR form. Send Parent Letter & Assign EIDR Representative Complete investigation by principal and review relevant documents. Principal sends investigation summary letter (1 Day) (2 days) ERUSD Special Education Early Informal Dispute Resolution Process Flowchart (Resolution Cycle) Step 1 Step 2 If disagreement occurs at IEP table that cannot be resolved, IEP team completes Request for EIDR Meeting Form and submits to Student Services Student Services scheduled EIDR meeting. Members of EIDR team include: Director of SS, Mediator, School Admin. And Parent (5 days) (7-10 days) Step 3 Student Services reaches agreement (settlement) with family to resolve issues and agreement is written and implemented. (7 Days) Section B- Forms ERUSD Student Services Request for Early Informal Dispute Resolution 9333 Loch Lomond Drive, Pico Rivera, California 90660 Parents may request the assistance of school administrators or office staff to complete this form. For additional information, please contact Student Services (562) 801-4810. Parents may submit this form either to the school site or District Office (Student Services I office). Section A Student:_______________________________________ DOB:_______/_______/______ Gender:_______ Grade: _______ School of Attendance: ______________School of Residence: _______________Teacher: _______________ Parent (s)/Guardian: ___________________________ Language of Parent: _________________________________________ Home Address: ___________________________________________________________________________________________________ Phone: Home (______) _________-__________ Work (______) _________-__________ Cell: (______) ________-_________ Section B Areas of Concern: This is a medical or s afety issue _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ *Attach additional sheets if needed. Section C Requested Solution for Concern: ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ Section D All Concerns were addressed between the site principal and parent. No further action is necessary. ___________________________________ __________ ___________________________ __________ Site Principal Date Parent/Guardian Date __________________________________________ Parent/Guardian Signature School District Use Only __________________________ Date Date Received: ___________ Received By: ___________________________Date Submitted to Student Services: ___________________ CC: Parent, site administrator, District Office, teacher ERUSD Student Services Response Checklist for Early Informal Dispute Resolution SCHOOL DISTRICT USE ONLY Student: _____________________________________________________________ DOB: _________________________ Parent/Representative Information: Have Parent(s) received Procedural Safeguards? Parents’ rights explained? Yes Are Parents represented by legal counsel? Yes No No If yes, has District counsel been contacted? Yes No Parents’ Attorney/Advocate Name: ______________________________________________________________________________________________ Attorney/Advocate Address: _____________________________________________________________________________________________________ Attorney/Advocate IEP Information:Phone: (______) _______-_________ Cell: (______) _______-_________ Fax: (______) _______-_________ Date of IEP: _________________________________________________________ Administrator: _________________________________________ Date of Last Agreed Upon IEP: ____________________________________ Location: _______________________________________________ Area of Concern: Eligibility Placement Action Taken: Services Compliance Goals and Objectives Safety/Medical Issue Other Date Request for Early Dispute Resolution Received: _____/_____/20_____ Due Date (Based on School Days) 1. (1 Day) ______/______/________ 2. Date Person Responsible Principal: ___________________ (3-5 days) ______/______/________ Principal: ___________________ (3-5 days) ______/______/_______ 5. (7-14 days) ______/______/_______ ERUSD & _____/_____/______ Assign EIDR Representative (2 Days) 4. Completed By (Initials) Send Parent Letter ______/______/________ Principal: ___________________ 3. Action Taken Complete investigation and review relevant documents Communicate outcome to parent/SS via letter _____/_____/______ _____/_____/______ Parent follow-up SS Designee:__________________ SS Designee:__________________ Rev. (for validation, checks/balances) Written Offer via IEP or addendum _____/_____/______ _____/_____/______ 11/2013 [SCHOOL LETTERHEAD] [DATE] Sent Via U.S. Mail [Parent Name] [Address] Re: Receipt of Request for Early Informal Dispute Resolution Dear [Parent Name], Thank you for agreeing to participate in the El Rancho Unified School District’s Early Informal Dispute Resolution Process. We are confident that this process will resolve your concerns in an efficient and effective manner. Your request for Early Informal Dispute Resolution will be assigned to an Early Informal Dispute Resolution Representative (“EIDR Rep”) for review and evaluation regarding the concerns you expressed. After completing the investigation, the EIDR Rep will contact you to schedule a meeting to discuss the findings and potential solutions. Again, we appreciate your willingness to participate in this process. We look forward to meeting with you and providing an early resolution. Should you have any questions or concerns, please do not hesitate to contact me at: [PHONE NUMBER] and/or [EMAIL]. Sincerely, [Name] Principal cc: Student Services (School letterhead) Date . name . address . address Dear ------------: This letter is in response to your request for Early Informal Dispute Resolution that you submitted to the El Rancho Unified School District on ___date______, regarding _______________. As part of the Early Informal Dispute Resolution process, I have investigated the areas of concern you have included on your request. Below are my findings and conclusions following my investigation: I have interviewed (list by job title, not name) and reviewed your child’s special education and cumulative file records. As I explained in our telephone conversation, the following actions will be taken to resolve your concerns about the situation: Thank you for taking the time to put your concerns in writing. A copy of your request is on file. I can assure you that parent concerns of this nature are taken seriously, and we will continue to work together with you to insure that your child has an appropriate and positive learning experience. Please do not hesitate to keep in touch with me about your child’s program. Sincerely, Principal, (School Name) ERUSD Student Services Contact Log for Early Informal Dispute Resolution SCHOOL DISTRICT USE ONLY Student: Letter 1. 2. 3. 4. 5. 6. 7. 8. DOB: Date Telephone InPerson Subject 9. EL RANCHO UNIFIED SCHOOL DISTRICT PICO RIVERA, CA Request for Early Informal Dispute Resolution (EIDR) School Site Referral Form Student Name: Click here to enter text. DOB: Click here to enter text. Grade Level: Choose an item. Gender: Choose an item. Current IEP Date: Click here to enter a date. Next Annual IEP Date: Click here to enter a date. Next Triennial IEP Date: Click here to enter a date. Referring School: Choose an item. Eligibility: Choose an item. Did Parent Fully Consent to IEP? Choose an item. If no, what is the date of the last agreed upon IEP? Click here to enter a date. Partial Consent to the IEP? Choose an item. Describe area(s) of non-consent: Click here to enter text. Parent(s) Name(s): Click here to enter text. Phone: Click here to enter text. Please list the issues that are in dispute from the IEP. Attach a copy of the IEP original signature page(s) in which the dispute arose and any pertinent assessment reports. 1. 2. 3. 4. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. _______________________________ Site Administrator/Designee Signature _______________________________ ____________ Print Name Date For Student Services Use Only: Date EIDR Form Received:Click here to enter a date.EIDR Form received by: Click here to enter text. Date EIDR Scheduled: Click here to enter a date. Please email this form to [email protected] in PDF and include original IEP signature page and pertinent signed assessment reports. APPENDIX Acronyms/Definitions ADA American with Disability Act- is a civil rights law that prohibits discrimination based on disability in the areas of employment; access to services, programs, and activities provided by State and Federal government; and requires accessibility to all new construction and modifications to existing structures. AAC Augmentative Alternative Communication- Any means in which a person communicates other than spoken language. Examples include sign language, written communication, picture symbol communication systems, and communication devices with voice output such as Big Mac, Cheap Talk, Dyna Vox, Vanguard, etc. APE Adapted Physical Education- Special education remedial program for students who require specialized physical education instruction that cannot be provided in a regular or modified physical education class. AT Assistive Technology- Refers to any item, piece of equipment, product, or system, whether acquired commercially off the shelf, modified, or customized; that is used to increase, maintain, or improve the functional capabilities of students with disabilities. AT may be used for access to the curriculum or augmentative communication. AUT Autism- A handicapping condition characterized be severe communication and behavior problems requiring a highly structured environment and close supervision. BSP Behavior Support Plan BIP Behavior intervention Plan- A plan based on a Functional Analysis Assessment and developed by the IEP team. CAC Community Advisory Committee- An advisory committee comprised of parents of persons with disabilities enrolled in public or non public schools within WACSEP. It may include pupils & adults with disabilities, general education and/or special education teachers, other school personnel within ERUSD. CBI Community Based Instruction- Instruction in the skills needed to function in community settings. Instruction takes place both in the community and the classroom. CP Cerebral Palsy- A disability caused by damage to centers of the brain during or after birth resulting in imperfect control of the muscles and marked by muscular in-coordination, spastic paralysis, and speech disturbances. CCS California Children’s Services- Government funded agency that provides Occupational and Physical Therapy services and durable medical equipment for the home environment to children with eligible disabilities. D/BL Deaf/Blind- Students with both hearing and vision difficulties. D/HH Deaf/Hard of Hearing- Students who are deaf/hard of hearing have a measurable hearing loss, conductive or sensory-neural, in either one or both ears, which limits the normal acquisition of speech and language through the ear. Hearing impaired students may require an aural/oral or total communication approach to learning. DIS Designated Instruction & Services- Additional support services, such as speech/language, adapted physical education. Counseling, occupational/physical therapy for handicapped students enrolled in either special education or regular classes. Interchangable with Related Services. DD Developmentally Disabled- persons with severe chronic conditions that are due to mental and/or physical impairments and cause problems with major life activities such as language, mobility, learning, self-help, and independent living. Developmental disabilities begin anytime during development up to 22 years of age and usually last throughout a person’s lifetime. DTT Discrete Trial Training- Specific teaching strategy used to teach isolated skills. Found to be very effective with children with autism. ED Emotional Disturbance- Students who exhibit one or more characteristics of severe emotional disturbance as specified by law and whose condition has existed for a long period of time and to a marked degree. This condition is distinguished from antisocial/socially maladjusted behavior, which is not a special education handicapping condition. ELL English Language Learners- Students who have been identified as speaking a language other than English at home. EO English Only- Designation under ELL for students who do not speak a language other than English. ESY Extended School Year- Special education services in excess of the regular academic year. FAA Functional Analysis Assessment FAPE Free Appropriate Public Education- It is in accordance with Federal law that a free and appropriate public education is available to all children residing in the Ontario-Montclair School District between the ages of 3-21 inclusive, including children with disabilities who have been suspended or expelled from school. Appropriate education is that combination of education and related service(s) as determined on an Individualized Education Program (IEP) that meets the unique needs of each individual in order to benefit from his/her access to education opportunities. FEP Fluent English Proficient- Designation under ELL for students who have acquired English Skills and are fluent English speakers. GATE Gifted and Talented Education- Program designed to meet the unique needs of gifted and talented students. Students must be assessed to meet eligibility for this program. IDEA Individuals with Disabilities Education Act-Federal legislation that mandates Procedures for the provision of free and appropriate public education (FAPE) in the least restrictive environment (LRE). The IDEA was re-authorized with new provisions in 2004. IEE Independent Educational Evaluation- A private assessment at public expense. IEP Individualized Education Program- A written plan, completed annually, prepared at an IEP meeting that includes the student’s present level of performance, eligibility for Special Education annual goals and objectives (benchmarks), instructional setting and for interaction/inclusion with nonhandicapped peers. IFSP Individualized Family Support Plan- A written plan providing early intervention services to infants and toddlers and their families who have been determined to be eligible for early intervention services. ITP Individual Transition Plan- A plan developed for students beginning at age 14 (or younger, if appropriate) and updated annually. It includes a statement of the transition service needs of the student, related to the IEP, that focus on the future such as participation in vocational programs or advanced placement courses. Please note that a transition plan is required if the student is 16 or turn 16 during the implementation of the current annual IEP. IWEN Individual With Exceptional Needs- A student who has been identified by an Individualized Education Program (IEP) team as eligible for a Special Education program and or related services. LEA Local Education Agency- A school district or county office of education, which provides special education and related services. LEP Limited English Proficient Student- A student identified through formal initial identification process as not having sufficient fluency in English. LI Low Incidence Disability-A Federal funding category for student whose primary handicapping condition is hearing impairment, visual impairment, or severe orthopedic impairment or any combination of these. LSHS Language Speech and Hearing Specialist Professional-A program for students who have articulation, voice, fluency, or language disorders. Used interchangeably with SLP-Speech Language Pathologist. LRE Least Restrictive Environment-The educational environment in which the student receives educational benefit with the least amount of restriction or assistance. Refers to the goal of educating of educating special education students with general education students to the maximum extent possible. MD Multiple Disabilities-concomitant impairments (such as mental retardationblindness or mental retardation-orthopedic impairment), the combination of which causes such severe educational needs that they cannot be accommodated in special education programs solely for one of the impairments. Multiple disabilities does not include deaf-blindness. NPS Nonpublic School- A private, nonsectarian school that enrolls students with disabilities as identified on the IEP. The California Dept. of Education (CDE) must certify the nonpublic schools included within this provision. OT Occupational Therapy- A designated instruction and service (related service) to help the functional development of a child. (usually in the area of fine motor or sensory integration) OH Orthopedically Handicapped- Students with specific orthopedic or health problems, which adversely affect their educational performance. These disabilities include, but are not limited to, congenital anomalies, cerebral palsy, amputations, and fractures. OHI Other Health Impaired- Students with health problems, which adversely affect their educational performance. PECS Picture Exchange Communication System- A commercially sold picture based communication system for students with limited or no verbal language. PSSP Private School Service Plan- When a child who has an active IEP enter kindergarten and parents choose to enroll the child in a private school, the services are provided on a consultation basis for those student found eligible for Speech and Language Services. PT Physical Therapy-Service recommended by a Physical Therapist who has assessed the student as requiring therapy for large muscle groups. RSP Resource Specialist Program-A program/service provided for students with disabilities who are usually fully included in general education classes by a specially credentialed Resource Specialist teacher. SDC Special Day Class-A special education class, taught by a specially credentialed teacher, for students who benefit from enrollment in special education for a majority of the school day. SELPA Special Education Local Plan Area- The service area covered by a special education local plan, and is the governance structure created under the California Education Code. SLD Specific Learning Disablities-A disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written which may manifest itself in an imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations. Eligibility for service requires that there is a severe discrepancy between the intellectual ability and achievement in one or more of the academic areas. SLI Speech and Language Impairment-Students who have a speech impairment, language delay, or other disability which interferes with the ability to communicate. SPED Special Education-Term meaning specially designed instruction, at no cost to parents, to meet the unique needs of a student with a disability, including: 1) Instruction conducted in the classroom, in the home, in hospitals & institutions, and in other settings; and 2) Instruction in physical education SST Student Study Team-A school site team that is a function of general education. The team uses a systematic problem solving approach to assist students who are not succeeding in their current placement. The team develops strategies and organizes resources while providing a system of accountability. The process may result in a referral to the Student Appraisal Team and/or Special Education assessment. TEACCH Treatment Education of Autistic and Communication Handicapped Children-A specific teaching model designed for children with Autism. TBI Traumatic Brain Injury-An acquired injury to the brain caused by an external physical event resulting in total or partial functional disability or psychosocial impairment that adversely affects performance. VH/VI Visual Handicap/Visually Impaired-A visual impairment that, even with correction, adversely affects a student’s educational performance. These terms includes both partial sightedness and blindness. WNL Within Normal Limits Frequently Asked Questions Q. Can a special education instructional aide cover a general education classroom in order for the general education teacher to attend an IEP for his/her student? A. Yes, as long as certificated personnel is able to supervise the classroom. Q. What do we do if a parent of a student with an active IEP attempts to enroll their child at the home school when the IEP indicates placement which is not provided at the school site (e.g., IEP shows SDC placement, but school site does not have SDC classrooms)? A. Do not enroll student at site. Refer parent to Student Services. If parent does not disclose IEP at time of registration. drop student from enrollment upon knowledge of inappropriate placement. Q. Can a student be exited from special education services (e.g., speech/language, APE) without first conducting an assessment? A. District cannot exit a student from special education services without first conducting assessments to determine whether such action is appropriate. (20 U.S.C. § 1414(c)(5)(A); Ed. Code, § 56381, subd.(h).) Q. Who is eligible for special education? A. Students with disabilities, who need special education and related services, are found eligible when they meet the IDEA definition of a “child with a disability” in combination with state law and regulations. There are 13 different disability categories under which a student may be found eligible for special education and related services. These categories are listed below. Autism Other health impairment Deafness Emotional disturbance Deaf-blindness Specific learning disability Hearing impairment Speech or language impairment Mental retardation Traumatic brain injury Orthopedic impairment Visual impairment, including blindness Multiple disabilities Q. What happens if the student is not found eligible for special education? A. The IEP team reviews the assessment results and determines whether or not thestudent is eligible for special education programs and related services. If it is determinedthat the student is not eligible, and the parent disagrees with this decision, the districtmust provide information to the parent as to what the parent can do under IDEA. Q. Can parents observe special education programs that are available in the district? A. Observation may be arranged when a parent is considering the district’s offer of FAPE or LRE. Observations may be arranged through Student Services for all placements. Q. What happens if a student is found eligible for special education, but the parent does not agree? A. If a student is found eligible for special education and related services and the parent disagrees with that decision, or if the parent does not want his/her child to receive special education and related services, the parent has the right to decline those services. The school may provide the student with special education and related services only with parent consent. Q. What help is available if a student is having learning or other problems in school? A. If a student is having a difficult time with learning or parents have observed other problems related to their child’s educational performance, parents or educators should contact the principal or assistant principal of their child’s school and describe the concerns about their child’s educational performance. It may be appropriate to have a student study team (SST) meeting, with the parent as an important member. The purpose of a SST meeting is to review the student’s strengths, needs, and possible interventions. Typically, prior to referring a student for special education assessment, the school is required to consider resources of the general education program. However, if the school thinks that a student may have a disability or disabilities, then the school must evaluate that student for special education eligibility at no cost to the family. The school must ask parent permission and receive written consent before it may evaluate the student. Once that consent is obtained, the evaluation must be conducted within 60 days. Q. Does the school need parent consent to implement the IEP? A. Yes. The school must obtain informed written consent from the parent before the initial provision of special education and related services to their child and must make reasonable efforts to obtain that consent. If parents do not respond to the request for consent for the initial provision of special education and related services, or refuse to give consent, the district may not override the lack of consent and implement the IEP and may not provide special education services to the student. Q. May a parent cancel special education and related services for his or her child or revoke consent after initially giving it? A. Yes. A parent may cancel special education and related services or revoke consent for the continued provision of special education and related services. Once consent is revoked by the parent, the district may no longer provide special education and related services to the student. This is considered a “revocation” of services. It is important to note, however, that if a parent declines or cancels special education for his or her child and later decides to reverse this decision, the evaluation process must start all over. Q. Can a student’s IEP be changed? A. Yes. At least once a year a meeting must be scheduled to review the student’s progress and develop an annual IEP. However, the parent does not have to wait for an annual review. The parent (or any other team member) may ask to have the student’s IEP reviewed at any time. This would allow the parent and school to review the student’s educational program and change it as necessary. Upon request for an IEP, the team will have 30 days to convene the meeting. Q. Can the IEP be changed without holding an IEP meeting? A. Yes. If the parent and school want to change the student’s IEP after the annual IEP meeting, both parties may agree not to convene an IEP meeting. Instead, the parent and school will develop a written document that will amend the student’s IEP. If IEP is changed, all IEP team members will be informed of the changes. Upon request, the school must give the parent a copy of the revised IEP. Q. Does the IEP meeting have to be in person? A. No. when holding an IEP meeting, the parent and school may agree to use other means of participation. For example, some members may participate by conference call. Q. May a team member be excused from attending an IEP meeting? A. Yes. Under certain circumstances and only with the consent of both the parent and school (prior to the meeting). If the member’s area of the curriculum or related service is not going to be discussed or modified at the meeting, then he or she may be excused ifthe parent and school agree in writing. A member whose area of expertise is going to be discussed or changed at the meeting may be excused under two conditions: • Parent (in writing) and school agree to excuse the member; and, • Excused member gives written input about developing the IEP to the parent and the team before the meeting. Q. Can a student be placed in the special education program without parent permission? A. No. Q. If a student is eligible for special education services, would he or she participate in general education school programs? A. It depends on each student’s individual needs. Students receiving special education services and related services are educated in the least restrictive environment (LRE). LRE is that placement or program that can meet the individual student’s needs and does so with a minimum loss of contact with general education class programs and peers. Students on public school campuses are integrated with general education students during the school day and other school sponsored activities. This may include participation in recess and lunch, non-academic activities or classes, or inclusion in many or all of the academic portions of the school day. All placements must be described fully in the IEP. Q. Are there any individuals for whom advance written notice must be given to the school in order for them to be at an IEP? A. Yes. If the parent chooses to bring an attorney to an IEP without giving the school advance notice, the school may elect to reschedule the meeting. It is common practice when there is legal representation on one side for the other side to seek the same representation. Q. Could an IEP be scheduled via an email? A. Parents can correspond with the school via email if IEP dates need to be changed or confirmed. The school could send out the notification via regular mail or email if this is acceptable to the parent. Q. Does a teacher, therapist, or coordinator have the authority to extend time for therapy (e.g., speech) during an IEP? A. It is required that the decision is made based on student need, typically based on assessment and agreement from the IEP team. Q. What if a parent speaks a language other than English? A. At any meeting a parent attends for which he/she needs an interpreter; the parent must notify the school special education department in advance, preferably in writing. The school must provide an interpreter if requested. Q. What if the student’s behavior affects his or her learning or that of others? A. The IEP team must consider strategies, including positive behavioral interventions and supports, to address that behavior. A student who demonstrates serious behavioral problems, for which instructional behavioral approaches specified in his/her IEP are found to be ineffective, must receive a functional analysis assessment. The positive behavior intervention plan has its own set of goals and objectives related to reducing inappropriate school behaviors and substituting appropriate behaviors. Q. Do parents have to sign the IEP document at the time of the meeting? A. It is a goal to complete the IEP document at the meeting which includes parent signature. However, parents may choose to take the IEP home to review it further. If this is the case, then the parent should sign the section “in attendance only” at the IEP meeting. After taking more time to study the IEP document and being in agreement, then the parent should sign the IEP and return it promptly. Parents will receive a copy of the entire IEP document that is created at the meeting including the notes page. If there is still disagreement, questions or clarification needed, the parent should call the student’s case carrier or the school administrator who attended the IEP. If the questions and/or concerns cannot be addressed at the school site level, the special education director at the district office should be contacted. Parent rights allow many different ways to resolve disagreements. The district is required to tell parents what those ways are and how to use them. Q. What happens if the parent does not agree with part or all of the IEP? A. If the student already has an IEP in place, and the parent disagrees with the new IEP, the old IEP will remain in effect. If only part of the new IEP is not agreed to, that part will not go into effect until the issue is resolved. There is place on the IEP document under consent where the parent can state the part of the IEP to which he/she does not agree. Q. May IEP meetings be tape recorded? A. Parents may tape record the meeting if they notify other members of the IEP team in writing at least 24 hours prior to the meeting. The school may also tape record the IEP meeting if it notifies the parent 24 hours prior to the meeting. However, if the parent objects, then the meeting will not be recorded. Q. What should be done if a parent or educator thinks a student needs a change in services? A. Parents or educators may make a request in writing to the case manager for an IEP team meeting to discuss concerns. They may also wish to provide documentation (test results, example of class work, etc.) to substantiate the request. This may be done as often as the parent or school believes is necessary. If additional meetings are requested to amend the IEP, the school must hold the meeting within 30 days of the written request (not including school holidays). An existing IEP may also be amended (for services not placement decisions) without holding a full IEP meeting. Q. Does a student identified eligible for special education have the right to participate in nonacademic and extracurricular activities offered at his school? A. Yes. Special education students have the right to participate in all activities at school, including field trips and camps with the support that is stated in the IEP. Q. What happens if a special education student does not pass the California High School Exit Examination (CAHSEE)? A. Starting with the 2009-2010 school year, an eligible student with a disability is not required to pass the high school exit exam as a condition of receiving a diploma of graduation. This exemption shall last until the state board makes a determination that the alternative means a student with disabilities may demonstrate the same level of academic achievement on those content standards required for passage of the high school exit exam. This includes all students with an IEP or 504 plan. The student will still have to take the exam in the 10th grade to satisfy the requirement of federal law (No Child Left Behind). It is recommended that the student also take the high school exit exam in the 11th and 12th grades so he/she is eligible to take the “alternate” exam when it is ready. Q. Can a parent or family member volunteer at his/her child’s school? A. Yes, all school sites have volunteer opportunities. Whether or not the child’s teacher has volunteer opportunities is up to that teacher, regardless of whether the classroom is general education or special education. Parents or family members who would like to volunteer can speak with the teacher or the administrator of the school. Q. What is a Special Education Local Plan Area (SELPA)? A. School districts and county school offices form regional groupings of districts and county office to ensure that special education services are provided to all eligible special education students. Our SELPA is called the Whittier Area Cooperative Special Education Program (WACSEP) SELPA and includes 7 school districts. Q. What is a Student Study Team (SST)? A. The SST is a general education function. It is comprised of teachers and other school personnel based at your local school site. This team reviews a student’s learning strengths and needs and plans alternative strategies to be used in the general program. Q. Can the case carrier affirm an IEP without the parent’s signature? Yes. However, if there are changes made to the IEP after it is affirmed, you must do an amended IEP to include the changes. Q. When is an amendment required? An amendment is required when there are any changes made to IEP after the meeting has been held. Q. What is a special education complaint process or due process? A. A complaint alleges that there has been a failure to implement a federal or state special education law or regulation by a public education agency. For example, if a student is not receiving services listed on his or her IEP, this could be considered a complaint. Parents, school staff, and other interested parties may file a complaint on behalf of the student. Site administrators and special education staff can assist in filing the complaint with the California Department of Education. However, in most circumstances, the complaint may be resolved at the local level by contacting the student’s teacher, principal, or special education director. Due process, on the other hand, is a procedure to use when there is a significant disagreement between parents and the education agency regarding assessment, identification, or placement of a student. El Rancho Unified School District Pico Rivera, CA Student Services I (Special Education) District Office Staff Directory Name Title Larry Brunson Director of Student Services Program Specialist School Psychologist/Behavior Specialist Program Specialist (SELPA) Autism/Inclusion Specialist Speech and Language Pathologist/Assistive Technology Specialist School Nurse School Nurse Administrative Secretary Department Secretary MAA Clerk/Reception Spanish Interpreter Glenn Edwards Vira Caro-Michel Paula Miller Sara Young Andrea Townsend Andres Centeno Ines Elias Jenny Coronado Laura Rivera Erika Vargas Rosaura Elenes Phone (all 562 area code) 801-4810 801-4814 801-4812 801-4812 801-4810 801-4812 801-4812 801-4812 801-4810 801-4812 801-4812 801-4812 Who Do I Call? Student Services I (Special Education) Organizational Flow Chart Larry Brunson Director of Student Services Oversight of School Psychologists, EBS (Speech), Autism Specialist, District Nurses, Spectrum Center (NPS), Administrative Secretary, Department Translator, Coordinator of CWA, Program Specialist, MAA Clerk. Communication with SELPA Attorneys, Professional Development for RSP Teachers, Attendance at SELPA meetings, board meetings. Program development/staffing oversight, CDE compliance complaint oversight. Prior written notice letters. High profile IEPs/Consultation and Support for: North Ranchito, Magee, Durfee, Rio Vista, Valencia, Birney, Rivera ES Glenn Edwards Paula Miller Interim Program Specialist Program Specialist (SELPA) Oversight of Department Secretary, AT Specialist. SEIS maintenance, Professional Development for Paraprofessionals, Learning Center Oversight, Maintenance of high profile case spreadsheet, Prior Written Notice Letters, CASEMIS corrective action oversight, Parent Education, CAC Representative, NPS School IEP Meeting Attendance, School Psychologist Consultation and Support. High profile IEPs/Consultation and Support for: North Park MS, Rivera MS, Burke MS, ERHS, Salazar, EREC (ATP/SEBS) Professional Development for all ASAI teachers, Spectrum Center case management. Oversight of ULS program, Gallagher (OT). Low Incidence Support, NPS School IEP Meeting Attendance, New ASAI teacher training, mentorship and support. High profile IEPs/Consultation and support for all ASAI classes and Spectrum. Vira Caro-Michel School Psychologist/Behavior Specialist District-wide Behavior Consultation and Support, Service Provider for behavioral services, Oversight of PD for SAI, ASAI, and ASAI-AF teachers, Oversight of Behavior Technicians, Oversight of NPS bus aides training and behavioral supports, School Psychologist support with staff training and development of BIPs, Oversight of BCBA interns, Oversight of School Psychologist Intern Assessments and IEP attendance, Behavioral Data processing/record keeping and graph development, Records requests and processing, Oversight of Student Numbers District-Wide, Placements of new special education students to the district, NPS IEP meeting attendance, CPI Training FORMS AND MUCH MORE TO COME SOON...
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