bulletin 1508 training 2009 revision spring/summer 2009

Bulletin 1508 Training 2009 Revision

Spring/Summer2009

§101. Introduction

• Revision of regulatory guide for pupil appraisal • Criteria for Eligibility – describes minimal data necessary to determine

exceptionality

• Procedures for Evaluation– Specify data to be collected

• Deviations from procedures shall be explained in report

§101. Introduction (cont’d.)

• Format revised to more sequentially reflect process of determining– Student’s responsiveness to general education

interventions – Whether response sufficient to allow student to progress

within the general curriculum– If progress inadequate, actions to be taken in determining

special education eligibility

• Revision includes hyperlinks active when viewed at www.louisianaschools.net or downloaded to electronic device

§103. Child Find Guidelines

• LEA shall ensure that:– All students with exceptionalities residing in

district who are in need of special education and related services are identified, located, and evaluated• Homeless children• Wards of the State• Students with exceptionalities attending private

schools• Highly mobile students

§103. Child Find Guidelines (cont’d.)

• LEA must also identify, locate, and evaluate children/students who are– Enrolled in educational program operated by or

under jurisdiction of a public agency– Enrolled in private school program within the

geographical jurisdiction of a public agency– Enrolled in public or private preschool or day care

program– Not enrolled in school

§103. Child Find Guidelines (cont’d.)

• Child Find also includes– Students suspected of being in need of special

education even though they are advancing from grade to grade

§105. Pupil Appraisal Services

• Communication challenges added to difficulties with which PA can assist

• Assistance with interventions through district’s • RTI process• Positive Behavior Support process• Other intervention processes

• Referral to other appropriate agencies for services, when warranted

§107. Qualified Examiners

• Added– Educational Consultants

– Speech/Hearing/Language Specialists

– Evaluators in music, theatre, or visual arts• On the SDE approved evaluator list• Must not be employed by the LEA conducting the

evaluation

§109. Parental Participation

• Parents must be informed about

– process used to assess their child’s response to scientifically research-based interventions

– appropriate strategies to improve achievement

– right to request evaluation

§109. Parental Participation (cont’d.)

• Parents must be invited to – SBLC when decisions made regarding their child– Evaluation team meeting to determine eligibility– IEP Team meeting to address new concerns– For reevaluation, to discuss review of existing data

to determine need for continued services

§109. Parental Participation (cont’d.)

• Parental consent for Initial Evaluations– Consent for evaluation does not mean consent for

provision of special education and related services– LEA shall make reasonable efforts to obtain– If student is ward of the State and not residing with

parent, not required to obtain IF• Cannot discover whereabouts of parent• Rights of parent terminated in accordance with state law• Parental rights subrogated by judge and consent given by

individual appointed to represent student

§109. Parental Participation (cont’d.)

Consent for initial evaluation

§109. Parental Participation (cont’d.)

Consent for reevaluation

§109. Parental Participation (cont’d.)

Consent for reevaluation

§109. Parental Participation (cont’d.)

Consent for initials and reevaluations

§109. Parental Participation (cont’d.)

Consent for initials and reevaluations

§301. Response to Intervention

• Three-tiered approach to providing services and interventions at increasing levels of intensity

• Provided to students in direct proportion to their individual needs

• Designed for use when making decisions in both general and special education

§301. Response to Intervention (cont’d.)

Academic Challenges• Three tiers of scientifically

research-based instruction and intervention

• Implemented with fidelity• Use of standard protocols

and/or problem solving methods

• Data collection/assessment system to inform decisions at each tier

Behavioral Challenges• Three tiers of scientifically

research-based instruction and intervention

• Implemented with fidelity• Use of standard protocols

and/or problem solving methods

• Data collection/assessment system to inform decisions at each tier

§303. School Building Level Committee

• At what point is student referred to SBLC?

• SBLC is– General education– Data-driven– Decision making committee

• Additional option: to continue current intervention and progress monitoring through RTI process

§303. School Building Level Committee (cont’d.)

• Parents must be provided report on student’s response to interventions which includes– Repeated assessments of achievement– Conducted at reasonable intervals– Reflecting assessment of student progress during

instruction

§303. School Building Level Committee (cont’d.)

• If the SBLC decision is to refer for initial evaluation, a pupil appraisal team member shall be present to review supporting documentation

• Cannot suspect student has a disability without data from RTI process– Exception for suspected severe or low incidence

§305. Screening Activities• Expanded to emphasize that SBLC process is not funnel

to evaluation

• All students referred to SBLC screened in all areas– Interventions whenever student is at-risk in a screening

area

• Who does screenings?– Child not enrolled: Pupil Appraisal– Child enrolled (public or private): general education

personnel with assistance from other school personnel and Pupil Appraisal, when necessary

§305. Screening Activities (cont’d.)

• Hearing screening– Language only-no other changes

• Vision screening– Language only-no other changes

§305. Screening Activities (cont’d.)

• Sensory Processing screening

– Intent is to address multisensory needs

– Sample checklist included in Appendix

Screening areas include:• Visual• Auditory• Tactile• Vestibular• Olfactory• Gustatory• Proprioceptive• Motor Planning• Attention/Arousal

§305. Screening Activities (cont’d.)

• Health screening– 2004: conducted “only when there is some

concern…”– 2009: conducted “…to determine the health

status…”– Student is at-risk if health concerns noted through

history, observation or other procedures

§305. Screening Activities (cont’d.)

Speech and Language screening2004

• “…conducted only on those students about whom there is a concern…

2009• “… documented by teacher-

completed checklist …”– Normal voice quality– Normal rate and fluency– Articulation skills normal– Receptive and expressive

language skills adequate

• If any at risk, “… screening by a speech-language pathologist

§305. Screening Activities (cont’d.)Speech and Language screening

• When communication skills “at-risk” after speech-language pathologist‘s screening:– Informed parental consent before intervening for

communication skills– Evidence-based interventions– Conducted by speech-language pathologist or other

appropriate personnel– With fidelity– For length of time necessary to determine their

effectiveness.

§305. Screening Activities (cont’d.)Speech and Language screening

• Voice impairment– Medical assessment required before intervening

§305. Screening Activities (cont’d.)

• Motor screening– Deleted: “h. Ability to deliver written

communication”

§305. Screening Activities (cont’d.)Assistive Technology Screening

2004• Difficulty in any of the following

areas:– Verbal communication– Written communication– Access to the curriculum– Working independently to

complete educational activities

2009• Concerns in the following areas:

– Physical functioning/motor– Fine motor skills– Communication functioning– Vision/hearing– Academic functioning– Recreation and leisure– Vocational functioning– General health– Self-help

§305. Screening Activities (cont’d.)

• Social/Emotional/Behavioral screening• Includes, at a minimum, review of:– Incident reports/discipline records– Teacher reports– Parent reports/information provided by parent– Developmental profiles– Previous behavior intervention plans– Anecdotal records

§305. Screening Activities (cont’d.) Social/Emotional/Behavioral screening

• If “at-risk”:– Review of evidence-based interventions– Conducted with fidelity– For length of time necessary to determine their

effectiveness.– Interventions required for suspected ED unless

likely to injure him/her self or others

§305. Screening Activities (cont’d.)

• Educational screening– Includes review of:

• educational history• academic performance including

– Dyslexia screening results– Results of state- and district-wide tests– Summary of teacher/parent communication– Results of universal screening

§305. Screening Activities (cont’d.)Educational screening

Interventions required • Autism• Developmental Delay• Emotional Disturbance• Mild Mental Disability• Orthopedic Impairment• Other Health Impairment• Specific Learning Disability

Interventions not required• Pre-school• Gifted or Talented• Severe or low incidence

impairment

§305. Screening Activities (cont’d.)

• Gifted– Students functioning at highest levels on universal

screenings should be considered for gifted screening

• Talented– students demonstrating advanced skills in visual

arts, music, or theatre should be considered for talent screening

§305. Screening Activities (cont’d.)

• SBLC must provide data-based documentation that lack of educational progress not primarily due to:– Lack of appropriate, explicit and systematic

instruction in reading– Lack of appropriate instruction in math– Limited English proficiency– Environmental or economic disadvantage– Cultural factors

§305. Screening Activities (cont’d.)

• For non-responders, the SBLC shall provide evidence of– Scientifically research-based intervention(s) – Intervention fidelity– Progress monitoring at reasonable intervals– Inadequate rate of progress relative to peers

§305. Screening Activities (cont’d.)

At risk but NOT suspected of exceptionality:

• SBLC conducts interventions or refers to appropriate specialist

At risk AND suspected of exceptionality

• Evaluation coordinator ensures all at risk areas addressed in evaluation

§307. Referral Process

• Referral for evaluation • SBLC suspects student has a disability– SBLC provides

• Data sheets, computer-generated records, or other permanent products to document RTI or intervention process

• Documentation of progress monitoring at reasonable intervals

• Graphed evidence that rate of progress relative to peers inadequate

• Data-based documentation lack of progress not due to…

§307. Referral Process (cont’d.)

• Immediate referral for – Suspected low incidence impairments– Severe impairments/health– Substantial documentation of likely to injure self/others

• Screening activities completed during evaluation

• PA staff present to review documentation

§501. Evaluation Coordination

• Evaluation Coordinator– Added Assessment Teacher, Educational

Consultant– Added Speech and Hearing Therapist, Speech-

Hearing-Language Specialist– Omitted Occupational Therapist, Physical

Therapist, School Nurse

§501. Evaluation Coordination (cont’d.)

• Omitted 10 day requirement for interview with teacher for enrolled or parent for not enrolled to clarify referral concerns and develop initial evaluation questions

§503. Selection of Participating Disciplines

• For health or physical impairment, the school nurse shall be a participant

• No other changes

§505. Procedural Responsibilities

• “PA staff member who participated in evaluation is designated, when necessary…” now reads: “…shall be designated to attend the IEP Team meeting…If a member of the team cannot be in attendance, an individual who can interpret the instructional implications of the evaluation must attend.”

§507. Evaluation Procedures

• Assessments– …administered in native language…and in the

form most likely to yield accurate information on what the student knows and can do academically, developmentally, and functionally…

– …of students…who transfer from one public agency to another …within the same school year are coordinated with those students’ prior and subsequent schools…as expeditiously as possible to ensure prompt completion of…evaluations.

§509. Required Individual Evaluation

• A comprehensive initial evaluation must be conducted before the initial provision of special education and related services…

§511. Evaluation Timelines

• Initial evaluation conducted within 60 business days after receipt of informed parental consent.

• Extensions:– End of year• Fewer than 60 business days remaining in LEA’s school

year.• Calculation begins with parental consent

– Calculated through May 31– Timelines begin again on September 1

§511. Evaluation Timelines (cont’d.)

• Extensions:– Parentally Approved Extension• If LEA…needs extended time to assess the student in all

areas of suspected exceptionality, the parent and LEA may agree to a specific time when the evaluation will be completed.

– Not allowed during expedited evaluations for students subject to disciplinary measures

§513. Evaluation Components

• Most components now uniform across disabilities– Description of each screening activity and review

of results– Cumulative record review• Test scores, discipline records, grade/attendance

history, etc.

– Review of reports from parents/outside agencies

§513. Evaluation Components (cont’d.)

– Review of interventions and evidence that intervention(s) were:• Scientifically research-based• Implemented with fidelity (data sheets, computer

records, permanent products, etc.)• Included progress monitoring at reasonable intervals• AND student did not make adequate progress based on

local or national norms

– Systematic observation– Student interview

§513. Evaluation Components (cont’d.)

– Interview with referral source if other than parent or teacher

– Educational assessment that includes:• Description of strategies• Academic/environmental adjustments needed to

provide accessible instructional materials

– Review and analysis of:• Discrepancies between test results/observations and

customary behavior• Discrepancies among evaluation results

§513. Evaluation Components (cont’d.)

• Report contains:– Any additional concerns raised by parents,

teachers, or other involved professionals– Description of information used to decide that

each of the following not a primary determinant of suspected disability:• Lack of appropriate and explicit systematic instruction

in reading which includes the essential components of reading instruction

• Lack of appropriate instruction in math• Limited English proficiency• Environmental or economic disadvantage• Cultural factors

– Team may suspect non-exceptional based on selected components

§513. Evaluation Components (cont’d.)

• Special Rule for Eligibility Determination:– Can not have disability if primary determinant is:• Lack of appropriate and explicit systematic instruction

in reading which includes the essential components of reading instruction• Lack of appropriate instruction in math• Limited English proficiency• Environmental or economic disadvantage• Cultural factors

§515. Determination of Eligibility

§515. Determination of Eligibility

• Student must:– meet criteria for an exceptionality and – demonstrate educational need