adverse effect - bigeastcoop.org documents/eligibility... · looking at individual student folders...
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To provide key staff
with legal
requirements for
eligibility
determinations,
and
To enable ARCs to
make defensible
eligibility
determinationsOutcomes
2
Why Focus on Adverse Effect?
KCMP Verification Visits
Office of Educational Accountability
(OEA) Report to the Legislature3
KCMP Verification Visits
DECS visited eleven districts during SY
2008-09 to validate KCMP self-
assessments
The compliance indicators (Indicators 9,
10, 11, 12 and 13) were reviewed by
looking at individual student folders4
Note on IDEA 2004
IDEA 2004 requires KDE to have no
school districts with disproportionate
representation of racial /ethnic groups
based on inappropriate identification:
In special education -Indicator 9
or
In high incidence disability categories
(Indicator 10)
5
IDEA 2004
If a district has disproportionate
representation in either area, KDE
must determine if it is due to
inappropriate identification of
students in racial/ethnic groups
7
KCMP
KDE uses the Kentucky Continuous
Monitoring Process (KCMP) as one way
to decide if a district’s disproportionate
representation is due to inappropriate
identification
8
KCMP Verification Visits
During the verification visits, DECS
examined student folders of racial/ ethnic
groups for inappropriate identification,
even if the district had less than 10
students in the racial group
9
KCMP Verification Visits
Numerous student folders showed that
due process procedures were not being
followed by ARCs when determining
IDEA eligibility
10
KCMP Verification Visits
IDEA Violations
• Failing to consider the adverse effect of
disability on the student’s education
• Failing to consider social and cultural
factors on disability determinations
• And…
11
KCMP Verification Visits
Failing to consider the lack of appropriate
instruction in reading and math in
determining eligibility
12
KCMP Verification Visits
KDE’s conclusions regarding district IDEA
noncompliance for Indicators 9 and 10
were based upon:
The lack of ARC documentation in
determining eligibility
Individual facts found in student folders
13
OEA Report
Recent report by OEA for the Interim
Joint Committee on Education highlighted
two areas of special education in
Kentucky
15
OEA Report
Over-identification of special education
students
State pays most of the cost of special
education services
16
Audits State law requires KDE to review and, as
needed, select districts for child count
audits
Districts may be selected for the audit,
based on a number of factors, including…
17
Audits
Unusual child count data, such as more
than 15% of the total school population
reported as having disabilities
No changes in numbers from year to year
707 KAR 1:380, Section 618
On-Site Visits
As a result of the Verification Visits
showing disproportionate representation
due to inappropriate identification, and
The OEA Report highlighting over-
identification in the area of special
education
DECS will be conducting on-site visits this
fall
19
Next…
During the remainder of the training, we
will look at regulations on eligibility
determinations, including adverse effect
Then…
21
We will review files of students who are
African- American that ARCs determined
were eligible for special education
services
22
Regulations: Child With a Disability
A child with a disability is defined as a
child who, after appropriate evaluation,
meets the criteria for one of the thirteen
IDEA disabilities
23
Regulations: Child With a Disability
The disability must have an adverse
effect on the child’s educational
performance with the child needing
special educational and related
services as a result of the disability
707 KAR 1:280, Section 1(9)
24
Child With a Disability
What is required to be a “child with a
disability”?
Appropriate evaluation
Meeting eligibility criteria
Adverse effect
Need for special education/specially
designed instruction due to the disability
25
“Appropriate Evaluation”
Since 2007, Kentucky districts are
required to have a referral system that
prevents disproportionate representation
in special education by race and ethnicity
Appropriate instruction and interventions
must be provided before referral or as
part of referral/evaluation process
707 KAR 1:300, Section 3
26
“Appropriate Evaluation”
Prior to, or as part of the referral process,
the child is provided:
Appropriate, relevant research-based
instruction and intervention services in
general education settings
By qualified personnel,
and
27
Appropriate Evaluation”
Data-based documentation of repeated
assessments of achievement or measures
of behavior
Collected and evaluated at reasonable
intervals, reflecting systematic assessment
of student progress during instruction
Parents are provided with the results
28
“Appropriate Evaluation”
The ARC must draw upon information
from a variety of sources, including:
Aptitude and achievement tests
Parent input
29
Teacher recommendations
Information about the child’s physical
condition, social or cultural background,
and adaptive behavior; and,
30
“Appropriate Evaluation”
The ARC must
(ii) Ensure that information obtained from
all of these sources is documented and
carefully considered
707 KAR 1:320, Section 1
34 CFR 300.306
31
“Meeting Eligibility Criteria”
ARCs must scrupulously follow the
eligibility criteria
This is difficult with “judgment” IDEA
categories, particularly OHI and other
high incidence disability categories
We will look for examples in review of
student folders
32
Adverse Effect
What is adverse effect?
Adverse effect means the child’s progress
is impeded by the disability to the extent
that educational performance is
significantly and consistently below the
level of similar age peers
707 KAR 1:002, Section1(2)
33
Adverse Effect
The important concepts within the
definition are:
Progress is impeded by the disability
Educational performance is below similar
age peers, both
Significantly, and
Consistently 34
Adverse Effect
Adverse effect is closely tied to the
requirement that to be a “child with a
disability”, the student must need special
education and related services by reason
of the disability
36
Adverse Effect
Where may the ARC’s adverse effect
determination show up in a student folder?
Eligibility determination – check off box
IEP
◦ PLEP
◦ Statement of measurable goals
◦ Special education
◦ Specially designed instruction
oConference Summary Report (referring to
Integrated Assessment)37
PLEP
A statement of the child’s present levels
of academic achievement and functional
performance, including how the child’s
disability affects the child’s involvement
and progress in the general curriculum as
provided in the Kentucky Program of
Studies…
707 KAR 1:320, Section 5
38
Statement of Measurable Goals
The IEP contains “a statement of measurable
annual goals, including academic and functional
goals designed to--
(A) Meet the child’s needs that result from the
child’s disability to enable the child to be
involved in and make progress in the general
education curriculum; and
(B) Meet each of the child’s other educational
needs that result from the child’s disability;
707 KAR 1:320, Section 5
39
Special Education
“Special Education” means
specially designed instruction … to meet
the unique needs of the child with a
disability…
707 KAR 1:002, Section 1 (56)
40
Specially Designed Instruction
Federal law defines “specially designed
instruction” as the part of special
education that:
Adapts, as appropriate to the needs
of .. a child, the content, methodology, or
delivery of instruction to address the
unique needs of the child that result from
the disability…
34 CFR 300.39(b)(3)(i)
41
Specially Designed Instruction
Is the specially designed instruction
related to the child’s disability?
Think about specially designed instruction
in IEPs of students you know that are:
OHI
EBD
42
Related Issues
Other issues related to adverse effect
Special rule for eligibility (707 KAR 1:310,
Section 1)
Procedures for determining eligibility and
educational need (707 KAR 1:310,
Section 1)
43
Special Rule for Eligibility
Special rule : A child must not be identified
under IDEA if the determinant factor is:
Lack of appropriate instruction in reading,
including the essential components of
reading instruction,
Lack of appropriate
instruction in math
44
Special Rule for Eligibility, continued
A child must not be identified under IDEA if the determinant factor is:
Limited English Proficiency / English language learner
And the child does not otherwise meet the eligibility criteria
707 KAR 1:310, Section 1;34 CFR 300.306
45
Special Rule for Eligibility, continued
If the child’s performance is related
to being an English language learner
or the lack of instruction in reading
or math, the adverse effect
requirement is not met
46
Activity
Directions
Break into small groups
Review the first student record
Discuss the ARC decisions in light of our
discussion on the regulations
Have a recorder write down factors you
might have considered had you been a
member of the ARC
Discuss as a large group
47
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