Lenoir County Public Schools

Office of Civil Rights Resolution Training

AGENDA

OCR- Danielle Parrish SST – Jill Croom RE Forms – Lynn Heath 504 – Anita Sykes 504 Forms – Danielle Parrish Closure – Danielle Parrish

Resolution Commitments

Standard Error of Measurement for EMD eligibility Appropriate use of SEM, Mental Ability, Adaptive

Behavior, and Achievement in eligibility determination

SEM, testing interpretation, emphasis on adaptive behavior and achievement consideration training for regular participants

One member must be trained in interpretation, evaluation and eligibility determination and intervention consistency

Resolution Commitments

Two year monitoring process for EMD eligibility with SEM, adaptive behavior and achievement consideration

Review of all Middle and High School EMD students to determine continued eligibility

Facilitate successful transition plans for students found no longer eligible

DPI consultation for students found no longer eligible, but for which exiting would jeopardize graduation

Resolution Commitments

Monitoring system for exited students to gauge progress in general education program

Establishment of guidelines for re-evaluation and additional assessments

Two year monitoring period for re-evaluations to ensure assessment data is considered

Submit to monitoring and compliance reports as deemed necessary by OCR

Resolution Issues for Monitoring

Inclusion and LRE not consistent throughout the county

504 eligibility not consistent throughout the county

Lack of “Centralized Oversight” to gauge, monitor and ensure correct application for 504 and EC procedures

Standard Error of Measurement with Educable Mentally Disabled Eligibility

North Carolina Department of Public Instruction identifies the SEM with a score of 69 +/- 3 for our WISC -IV

SEM, Adaptive Behavior, and Achievement Consideration

Three areas that must be considered in eligibility determination

Each area is equally important and eligibility must include low to low average ranges in all three

NCDPI has new focus on adaptive behavior over IQ

Student performance and data driven assessments can be additions, but heavy documentation must be included

Testing Your Knowledge

IQ – 70, Achievements range 69-85, Adaptive Behavior of 80

IQ – 65, Achievement range 72-84, Adaptive Behavior- 75

IQ – 72, Achievement range 60-78, Adaptive Behavior – 70

IQ – 78, Achievement range 75-82, Adaptive Behavior -70

IQ- 62, Achievement range 60-72, Adaptive Behavior – 60

“CENTRALIZED OVERSIGHT”

Program Compliance Specialists have been and will continuously be trained on: new DPI standards and eligibility

requirementsAssessment and intervention consistency Interpretation of evaluation data

“CENTRALIZED OVERSIGHT”

System-wide procedures for interventions through new Student Success Team

Oversight of all Initial Evaluations, Eligibility Determinations, Re-Evaluations, and Exit Determinations

District monitoring of all EMD eligibility and re-evaluation decisions

Successful Exit Transitions

Monitoring for rate of all exiting students from EC program

Success Plans (PEP or similar) development for all exiting students

Monitoring of general education progress by exited students

Where do we go from here?

We have incorporated new IDEA ’04 requirements for intervention models prior to evaluation with the OCR intervention requirement

Created new Student Success Team training, formation, procedures and Problem Solving Model for required system-wide implementation

Still Going . . . .

Created Program Compliance Specialist facilitation at all SST meetings, Initials, Re-evaluations, and eligibility determinations to provide “Centralized Oversight” at all critical areas. (Also at FBA, BIP and MDT)

Created Instructional Interventions and Trainers to deliver and assist with Interventions requirement and also align with IDEA 04 scientific, research-based instructional interventions

Revamped 504 Procedures and Eligibility Manual

The Student Success Team

Jill Croom, Intervention and Positive Behavior Support Specialist

Student Success Team

Focus on intervention rather than on what is wrong with the child

Focus on the solution rather than the problem

Focus on positive outcomes for all students Focus on all educators being responsible

for all children

Fundamentals of a Problem-Solving Process

Identify and analyze the problem Generate possible strategies or

interventions Implement the intervention plan Monitor student progress to determine

success Evaluate, review, and revise the plan

Problem Solving for Success

Involving Parents Working Collaboratively Sharing Expertise Sharing Responsibility Using Appropriate Resources Defining the Problem Considering Environment, Instruction,

Curriculum, and Learner

Problem Solving for Success

Designing and using appropriate and effective interventions

Setting measurable goals Collecting data Monitoring and reviewing student progress Analyzing and evaluating results Making decisions

Student Success Team Members SST Chairperson Referring Teacher School Counselor Administrator General Education Teacher Exceptional Children Teacher Program/Compliance Specialist

Roles of Team Members(Best Practice) Chairperson Secretary Record Manager Task Manager/Time Keeper Intervention Resource

Monthly Meeting Dates

Parent Involvement

Interventions

Accommodation-Accommodations are supports or services to help a student access the general curriculum and validly demonstrate learning.

Intervention-An intervention requires direct instruction of a skill and data collection in the area of concern.

Accommodation/Modificationor

Intervention Preferential Seating Extended Time on Tests Flash Cards-Drill and Practice Small Group Instruction Reduce Number of Spelling Words Provide Summary of Chapters Employ SuccessMaker 3Xs/per Week Create Thinking Maps Praise and Attention

Collecting Data

Progress monitoring is a scientifically based procedure used to assess the effectiveness of targeted instruction/intervention that involves frequent assessment of a skill.

Referral Procedures and Forms

Lynn Heath

Exceptional Children’s Coordinator

RE 2

First form in the process Send home the pink copy and keep the

original for the folder Importance of RE 2 date Be specific Change in form (minimum of 6 to 8 weeks) No parent signature is required

RE 1

Complete demographic information

RE 1Parent ContactsDocument the two parent contacts Area of improvement Purpose and outcome of contact Must occur before the SST referral Must be beyond routine parent contacts Examples of parent contacts Use resources at school to make parent contacts

Parental Notification of Screening Procedures Form Documentation of the date that you sent

the RE 2 home Must match the date on RE 2

Third Party Observation

Must be completed by the LD teacher Eyes for the SST Comments Attach documentation if needed

RE 1 (a) Data Collection

Cumulative Record Review Record of Previous Testing Group Standardized Test General Medical-Health Screening Social Functioning, Environmental and

Cultural Status

RE1(b)

Change in form Area of concern Documentation of interventions the general

education teacher has implemented prior to the SST. Three part dates Begin and end dates should be different for each

intervention Check Results of intervention Signature required

RE1 (c)

Requirements for SST Two parents contacts Record review General medical-health screenings Speech screening Documentation of at least 2 interventions

by the general education teacher

RE 1 (c)

Documentation of the outcome of the SST 3 choices What are the interventions that the SST

team recommended Can have as many SST meetings as

needed

What to bring to SST

Cumulative Record Parent Contact Documentation Work samples Behavior logs Documentation of the intervention

Refer for Evaluation

No longer Regular Education Program Compliance Specialist accepts

the folder and begins the EC process Referral committee meets

Speech Language Impaired Consideration

The Regular Education teacher will complete the new SP-2, and the SP-1 series.

The Regular Education teacher will submit to the Student Success Team.

If and when the SST determine this student is eligible for evaluation, the PCS will lead this referral through the DEC 7, Re-evaluation Process.

Successful Interventions

If a student is successful with interventions after two follow-up meetings, then that referral folder can be closed out.(6-8 weeks of intervention

If that student has issues later in the year, that same folder can be reopened on the RE1(c)

Documentation needs to be made as to the circumstances and the team would proceed with new interventions.

REMINDERS . . . .

New forms are being printed Use the directions and examples to assist

your teachers in completing the forms Use resources in the SST manual Recommend staff development at the

school level.

EXCEPTIONAL CHILDREN & INTERVENTION SERVICES

Danielle Parrish, Director

Anita Sykes, Special Populations Coordinator

For the Love of All Children!

Meeting the needs of students with disabilities in Lenoir County Public

Schools that are otherwise not certified for the Exceptional Children’s Program

“Nothing is more unequal than the equal treatment of

unequal people . . . .” Thomas Jefferson

It is the intent of the Lenoir County Public Schools to provide a Free and Appropriate Public Education (FAPE) to each

disabled student within its jurisdiction regardless of the

nature or severity of the disability.

THE LAW

Section 504 of the Rehabilitation Act of 1973 is one of three

statutes that protects the civil rights of students

with disabilities. The other two are Title II

of Americans w/Disabilities Act of

1990 (ADA) and Individuals with

Disabilities Education Act of 2004 (IDEA).

“No otherwise qualified individual with a disability. . .

shall, solely by reason of her or his

handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination

under any program or activity

receiving federal financial

assistance.”

Who is Eligible?

People who have a disability. People who have a record of having a disability. People who are regarded (and/or are treated) as

having a disability. Section 504 defines a disabled person as having

a “physical or mental impairment that causes a substantial limitation in the ability to perform one or more major life activities.”

What does this mean? A physical impairment may include any physiological

disorder, cosmetic disfigurement or anatomical loss. A mental impairment may include any mental or

psychological disorder such as mental retardation, mental or emotional illness, organic brain disorders, and/or specific learning disabilities.

“Substantial limitation” has been described as an inability to perform a major life activity in the condition or manner of or for the duration that an average person of approximately the same age can perform that major life activity.

Major life activities include: caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, working and learning.

Who is Not Eligible ?

People currently using illegal drugs or alcohol and who are currently breaking school conduct codes regarding the use of drugs and alcohol.

People whose disability is considerably reduced to the point where there is no substantial limitation due to the use of mitigating factors. . . .such as eyeglasses, hearing aids, medication or therapy.

People who are socially maladjusted and demonstrate a learned behavior associated with environmental factors . . . Ie. Stress, disorganized family and/or lack of supervision.

People who are “slow learners” that have borderline cognitive and/or academic skills.

People who are eligible for and have refused services under IDEA 2004.

What are Section 504 Services? Referral – Anyone can refer a child for evaluation under Section

504; however, “the school district must also have reason to believe that the child is in need of services under Section 504 due to a disability.” (OCR Memorandum 4/29/93). The key to referral is whether the school district suspects that the child is suffering from a mental or physical impairment that substantially limits a major life activity and is in need of either regular education with supplementary services or special education and related services.

Screening – The Student Success Team must notify parent of screening procedures by using the Parental Notification of Screening Procedures Form. If screening indicates a problem, a referral using the 504-1 must be completed for evaluation.

Section 504 Services cont’d Evaluation – This process will be determined by the type of

disability that is suspected and the kind of anticipated services. The parent must be notified of the types of evaluation procedures that will be used including existing data. If testing is needed, the SST must document parent consent using the 504-2.

Eligibility Determination – Following the evaluation, the SST must determine eligibility by completing the 504-3. The school system does not require the consent of the parent to provide Section 504 services. However, the parent must be notified of the eligibilty and 504 Plan development meeting(s) with documentation of the effort to involve the parent using 504-C.

Section 504 Services cont’d

Re-evaluation – Lenoir County Public Schools requires a tri-annual re-evaluation cycle and prior to any significant change in placement, long-term suspension, and/or expulsion.

Transfer – A student’s eligibility under Section 504 and the 504 Plan are not “portable.” Lenoir County Public Schools requires that a school continue to operate under the 504 Plan of a transfer student during their SST’s eligibility determination process.

GRIEVANCE PROCEDURES

Lenoir County Public Schools uses a multi-tiered grievance procedure.School Level Review: Complaints of alleged violations addressed through the Student Success Team, Asst. Principal or Principal.System Level Review: If complaint is not satisfactorily resolved, a written complaint is filed with the 504 Coordinator, Anita Sykes.Hearing Panel Level Review: If complaint is not satisfactorily resolved through System Level Review, the complainant may submit a request for a Section 504 Review Hearing.At any point in this grievance procedure, the complainant may file a formal complaint with the Office of Civil Rights.

504-1 Referral

Give specific details about the suspected disabling condition and how you have measured it’s impact on educational performance

Johnny’s diagnosis of ADHD is evidenced by his inability to focus on guided practice and independent work. He can complete small chunks of work initially, but gets lost with larger assignments and tests. Included with this referral are assignments that show he is able of completing skills initially, but can not complete the same skill task in repetition.

504-2 Consent

As with EC Services, parental notification must be given for all screening services.

All evaluations require parental consent.

504-3 (1 of 3) Eligibility

List and describe the disabling condition You must be able to rule out cultural, economic

and/or environmental factors Mitigating factors that reduce significantly or

eliminate the disabling effects also eliminate eligibility.

Make sure that you can document the negative impact of the MLA

504-3 (2 of 3) Eligibility

These questions are very detailed. Your deciding factor is the term “substantially limits”.

Kids that are getting C’s or D’s are still making progress. 504’s do not guarantee the honor roll, excuse absences, guarantee promotion, or guarantee Honors or AP enrollment.

504-3 (3 of 3) Eligibility

The team uses all information to determine eligibility.

Team needs to reconvene a minimum of every three years, upon transfer to another school, changes in placement, long term suspension, and expulsion.

Make sure to check whether this was a re-evaluation or initial placement at the bottom.

504 – 3 (a) Summary

This is the altered DEC 3 Summary form. Fill in all applicable areas for screenings and evaluations completed in the determination for eligibility process.

504-4 (1 of 2) Plan

Remember these accommodations are what the regular education teacher will do to modify the instructional delivery within her classroom.

These modifications should be directly related to the referral concerns.

Little Johnny at the beginning would need multiple test sessions

504-4 (2 of 2) Plan

Complete only the testing accommodations that relate to the referral.

Make sure that parents receive a copy of all paperwork and a copy of Parent Rights for Section 504

There needs to be a designated 504 coordinator at each school that collects and manages all 504 paperwork, including keeping a database of testing accommodations to work with testing coordinators.

IDEA vs. 504

IDEA Evidence of a disability That impede a student’s

ability to access his/her education (Ability and Achievement discrepancy)

That also requires specialized instruction.

504 Evidence of a disability That impede a student’s

ability to access his/her education (MLA)

In Closing

QUESTIONS & SOLUTIONS

A Q&A document will be developed after today’s session and posted on the EC website.

Lenoir County Public Schools does not discriminate on the basis of race, color, national origin, sex, creed, marital status, age, or disability in its programs, activities, or employment practices. The Public Information Officer is the Title IX Compliance Officer and can be reached at 2017 West Vernon Ave., Kinston, NC 28502, and telephone number, 252 527-1109