Procedure 2161P

Special Education and Related Services for Eligible Students

The purpose of the district’s special education program procedures is to address program areas where state and federal regulations require specific local procedures or permit local discretionary choices.

The state regulations governing implementation of special education services pursuant to the Individuals with Disabilities Education Improvement Act (IDEA) of 2004 are addressed in Chapter 392-172A WAC. These procedures do not address all of the requirements established in the regulations. District personnel who are not familiar with the regulations need to contact the special education department director if there are questions regarding special education. These procedures describe how the district implements its special education program.

Free Appropriate Public Education (FAPE)

The district will apply annually for Federal Part B and state special education funding to assist in the provision of special education and any necessary related services. This funding is in addition to students’ basic education funding and state special education funding.

The superintendent, in consultation with building staff, shall annually determine whether to use Early Intervening Services (EIS) funding for students who have not been identified as needing special education or related services, but who need additional academic and behavioral support to succeed in a general education environment.

The district shall annually report to the Office of Superintendent of Public Instruction (OSPI) the number of students receiving EIS; and the number of students who received EIS and subsequently received special education and related services under Part B of IDEA during the preceding two-year period.

Services to eligible special education students age three to 21 will be provided without charge to the student. This does not include incidental fees that are normally charged to all students. Special education services will include preschool, elementary and secondary education and are provided in conformance with the student’s Individual Education Program (IEP).

The district provides a continuum of services for students, regardless of the funding source. Where the district is unable to provide all or part of the special education or necessary related services, it will make arrangements through contracts with other public or non-public sources, inter-district agreements or interagency coordination.

Early Intervention

The district participates in the provision of early intervention services to eligible children with a disability, birth to three, consistent with the state lead educational agency’s policies and procedures and the regulations implementing Part C of the IDEA.

Students Covered by Public or Private Insurance

The district may use Medicaid or other public insurance benefits programs in which a student participates to provide or pay for services required to provide a FAPE, as permitted by the public insurance program. However, the district shall not:

·        Require parents to sign up for or enroll in public benefits or insurance programs in order for their student to receive FAPE under Part B of the IDEA;

·        Require parents to incur an out-of-pocket expense such as the payment of a deductible or co-pay amount incurred in filing a claim;

·        Use a student’s benefits under a public insurance program if that use would:

§      Decrease available lifetime coverage or any other insured benefit;

§      Result in the family paying for services required after school hours that would otherwise be covered by the public insurance program;

§      Increase premiums or result in discontinuation of insurance; or

§      Risk loss of eligibility for home and community-based waivers, based on aggregate health-related expenditures.

The district may access a parent’s public or private insurance proceeds to provide FAPE to an eligible student only if the parent provides informed consent to the district. Whenever the district proposes to access the parent’s public benefits or private insurance proceeds, the district shall:

·        Obtain parent consent in accordance with Chapter 392-172A WAC each time the district uses benefits for a new procedure; and

·        Inform the parents that their refusal to permit the district to access their insurance does not relieve the district of its responsibility to ensure that all required services are provided at no cost to the parents.

To avoid financial cost to parents who would otherwise consent to use private insurance, or public benefits if the parent would incur a cost such as a deductible or co-pay, the district may use its Part B funds to pay the cost the parents would incur.

Parent Participation in Meetings

The district encourages parental involvement and sharing of information between district and parents to support the provision of appropriate services to its students. As used in these procedures, the term “parent” includes biological and adoptive parents, legal guardians, persons acting in the place of a parent, such as relatives and stepparents, foster parents, persons appointed as surrogate parents and adult students.

Parents (and as appropriate, students) will be provided the opportunity to participate in any meetings with respect to the identification, evaluation, educational placement and provision of a FAPE.

When a meeting is scheduled parents will be:

·        Notified of the meeting early enough that they will have an opportunity to attend; and

·        Notified of the purpose, time, and location of the meeting and who will be in attendance.

When the meeting is to address the IEP or placement, the parent will be:

·        Notified that the district or the parent may invite others who have knowledge or special expertise of the student; and

·        Meetings shall be scheduled at a mutually agreeable time and place.

The district shall take whatever action is necessary to ensure that the parent understands the proceedings of the IEP team meeting, including arranging for an interpreter for parents with deafness or whose native language is other than English.

The staff person responsible for inviting the parents to meetings will keep documentation of the information provided and the methods used to notify the parents of the meeting. The district may proceed with the IEP or placement meeting if the district is not able to convince the parent to attend. In this case, the district will document its attempts to arrange the meeting. This documentation will include records of telephone calls and the results, copies of correspondence sent to the parent and/or other means used to contact the parent.

This documentation will be kept in the student’s special education file.  The IEP coordinator is responsible for notification, form use, and other arrangements.

If the parent cannot attend the IEP or placement meeting but wishes to participate, the district will arrange for other means to participate.

A meeting does not include informal or unscheduled conversations involving district personnel; conversations on issues such as teaching methodology, lesson plans, coordination of service provisions; or preparatory activities that district personnel engage in to develop a proposal or a response to a parent proposal to be discussed at a later meeting.

Identification and Referral (Child Find)

Identification

The purpose of child find is to locate, evaluate and identify children with suspected disabilities in need of special education services including those who are not currently receiving special education and related services and who may be eligible for those services. Activities are to reach:

·        Children residing in the school district boundaries including preschool-aged children;

·        Children attending private elementary and secondary schools located within the district boundaries;

·        Highly mobile children (such as homeless, foster care and migrant children);

·        Children who have a disability and may need special education services even though they are advancing from grade to grade; and

·        Children at home or home schooled.

The district will consult with parents and representatives of private school students to ensure its child find activities are comparable in private schools located within district boundaries. These consultations will occur annually through meetings and letters.

The district reaches students who may be eligible for special education services through:

·        Notification to parents district-wide through local papers or other media;

·        Information regarding child find on the district’s Web site;

·        Notification to private schools located in the district’s boundaries;

·        District informational mailings;

·        Posting notices regarding screening and referral in school buildings and public locations including DSHS community service offices, Employment Security offices, grocery stores, Laundromats, day cares, community preschool sites and physicians’ offices;

·        Notifying and coordinating with the designated Part C lead agencies;

·        Early childhood screenings conducted by the district;

·        Coordination with other public and private agencies and practitioners;

·        Written information provided to district staff on referral procedures;

·        Training teachers and administrators on referral/evaluation/identification procedures;

·        Review of student behavior, discipline and absentee information and information gathered from district-wide assessment activities.

When district staff have concerns that a student may have a suspected disability which could result in eligibility for special education services, they will notify the school counselor who will initiate a student assistance team meeting.

Parents will be notified at the screening of the results and the parents will also be provided written notice of the results within ten days of the screening. If the screening supports evaluation, obtain written consent for evaluation at the exit interview if possible, or include consent forms with the written notice notifying the parents of the results. If the screening results indicate that the child does not need an evaluation, written notice shall be sent to the parents within 10 days of the screening explaining the basis for the district’s decision not to evaluate. Evaluation occurs in accordance with evaluation procedures.

Referral

A student whether or not enrolled in school, may be referred for a special education evaluation by parents, district staff or other persons knowledgeable about the student. Each building principal will designate a person responsible for ensuring that district staff understands the referral process.  Referrals are required to be in writing unless the person referring is unable to write. A person who makes a referral orally should be asked to either make the referral in writing or go to the main office of the building for assistance in making the referral.

When a referral is made, the district must act within a 25 school-day timeline to make a decision about whether or not the student will receive an evaluation for eligibility for special education services.

All certificated employees will document referrals immediately upon a referral being made to or by them. All other staff receiving a referral from another person shall notify a certificated staff member. The special education department (a) records the referral; (b) provides written notice of the referral to the parent; and (c) advises the school psychologist to collect and review district data and information provided by the parent to determine whether evaluation is warranted.

During the referral period the school psychologist will collect and review existing information from all sources, including parents. Examples may include:

·        Child’s history, including developmental milestones;

·        Report cards and progress reports;

·        Individual teacher’s or other provider information regarding the child including observations;

·        Assessment data;

·        Medical information, if provided;

·        Other information that may be relevant to assist in determining whether the child should be evaluated.

If the review of data occurs at a meeting, the parent will be invited. The special education department provides written notice to the parents of the decision regarding evaluation, whether or not the parents attend the meeting.

Recommendations regarding evaluation are forwarded to the special education department.

After the staff student assistance team reviews the request for evaluation and supporting data and does not suspect that the child has a disability, the district may deny the request. In this case written notice, including the reason for the denial and the information used as the basis for the denial, must be given to the parent.

 If the determination is that the child should be evaluated, the reviewers shall include information about the recommended areas of evaluation, including the need for further medical evaluation of the student. This information will assist the district in providing parents prior written notice and will assist the district in selecting appropriate evaluation group members.  The Special Education Director is responsible for notifying parents of the results using prior written notice. When the determination is that the child will be evaluated, parent consent for evaluation and consent for release of appropriate records will be sent with the notice.

The special education office will seek parental consent to conduct the evaluation. The school district is not required to obtain consent from the biological parent if:

·        The student is a ward of the state and does not reside with a parent;

·        The parent cannot be located, or their rights have been terminated; or

·        Consent for an evaluation is given by an individual appointed to represent the student.

When the parent provides consent, the district shall select an evaluation group. The evaluation group is to complete the evaluation with 35 school days after parent consent, unless:

·        The parents and district agree in writing to extending the timeline;

·        The parent fails or refuses to make the student available for the evaluation; or

·        The student enrolls in another school district after the evaluation is begun but before completion and the parent and new district have an agreement for completion of the evaluation.

If a parent does not provide consent, notify the special education office. District staff will make a determination as to whether it wishes to use mediation to seek agreement to evaluate or file a due process hearing to override the parent’s refusal to consent. The district may not override a parent’s refusal to consent for an evaluation if the student is home schooled or is unilaterally placed in a private school.

Eligibility – Part C students

Students turning three, who were previously determined eligible for early intervention services under Part C of IDEA, must be evaluated for initial eligibility for special education services. The evaluation must be completed in enough time to develop an initial IEP by the date of the student’s third birthday.

Evaluation Requirements

The purpose of the evaluation is to collect information about a student’s functional, developmental and academic skills and achievements from a variety of sources, to determine whether a student qualifies for special education and related services, and to develop an IEP. This includes information provided by the parent. All information gathered in this process is reviewed by the IEP team or other group of qualified professionals.

The evaluation must be an individual assessment designed to determine:

·        Whether the student is eligible for special education and any necessary related services; and,

·        The nature and extent of special education and related services needed by the student, including information related to enabling the child to be involved in and progress in the general education curriculum.

The district’s school psychologist shall select the members of the evaluation group. Members selected must be knowledgeable about the student and the areas of suspected disabilities. Qualifications of a group member include having the appropriate professional license or certification and may include outside practitioners when necessary. When assessing for specific learning disabilities, the parent and a group of qualified professionals must be part of the group. If the student requires a medical evaluation in order to determine eligibility, the district will coordinate with the parents to arrange for the evaluation at district expense or through the use of public or private insurance if the parent consents to the use of the insurance.

There are many legal requirements for conducting evaluations. Evaluation procedures or materials must be free of racial, cultural or sexual/gender bias and they must be used for the purpose for which they are valid and reliable. Tests must be appropriate for the student’s age and stage of developmental level. Tests should be administered in the native language of the student or conducted in the mode of communication most familiar to the student. If it appears to be clearly not feasible to conduct a procedure or test in the mode of communication most frequently used by the student, the IEP team will contact the special education administrator to develop an individualized strategy for valid evaluation of the student’s skills. The inclusion of parents in this collaboration is desirable and strongly encouraged.

Specific areas to be included in the evaluation are determined by the school psychologist and other qualified professionals, as appropriate, as part of a review of existing data concerning the student. The evaluation does not rely on one source or procedure as the sole criterion for determination and should include:

·        Review of existing data, including corresponding response to intervention (RTI) documentation;

·        Relevant functional and developmental information;

·        Information from parents;

·        Information from other providers;

·        Information related to enabling access to and progress within the general education curriculum and assisting in determining whether there is a disability and the content of the IEP;

·        Current classroom-based evaluations, using criterion-referenced and curriculum-based methods, anecdotal records and observations;

·        Teacher and related service providers’ observations;

·        Testing and other evaluation materials, which may include medical or other evaluations when necessary.

All current evaluation data as well as data previously reviewed by the team must be considered. Professional members of the evaluation team need to be familiar with qualifying disability definitions and criteria in federal and state rules.

This review of existing data may be in the form of a meeting of IEP team members, or may be conducted without a meeting. It could include data provided by parents, data gathered in the general education classroom or from state and district level assessments. The data may provide information about the student’s physical condition, social or cultural background and adaptive behavior.

When additional assessments are necessary, the group members have the responsibility of selecting, administering, interpreting and making judgments about evaluation methods and results, and ensuring that the tests and assessments are administered by qualified personnel in accordance with the instructions of the test producer. The gathering of additional data in combination with existing data must be sufficiently comprehensive to address all areas of the suspected disability and any special education needs, whether linked to the disability category or not. If the IEP Team determines that no additional data is needed, the IEP team will notify the student’s parent of that determination and the reasons for it, and inform them of their right to request additional assessments. The district will follow the evaluation procedures outlined in WAC 392-172A.

Parents and district staff are encouraged to work towards consensus, but the school district has the ultimate responsibility to determine whether the student has a disability or not. The school district will provide the parent with prior written notice of the eligibility decision, as well as a copy of the evaluation report. If the parent disagrees with the eligibility decision they need to be informed of their dispute resolution options described in the procedural safeguards.

Specific Learning Disability (SLD)

The district uses a combination of severe discrepancy and a process based on a student’s response to scientific, research-based intervention in determining the identification of students with a specific learning disability consistent with the District’s RTI policy and procedures, numbers 2163 and 2163P. Grade levels and content areas are described in the district’s RTI general education procedure.

RTI response is only one element of determining whether a child has a specific learning disability. The evaluation will also include whether the child performs adequately to meet the grade-level standards in the general curriculum and a determination that the failure to make progress is not the result of:

·        A physical, mental, emotional, cultural or environmental factor or limited English proficiency; or

·        Inadequate instruction in reading or mathematics.

The district must act promptly on a referral. Anyone, including parents and teachers, can make a referral at any time in a RTI system. A student cannot be required to progress through Tier III before being evaluated if evidence exists to suspect a disability.)

Evaluation of Transfer Students

If a student transfers into the school district while an evaluation process is pending from the other district, the school psychologist is responsible for determining the status of evaluations conducted to date and making a determination as to whether the evaluation can be completed within the 35 school day timeline from the date the parent provided consent. If the determination is that additional time will be needed, the parents will be provided prior written notice of the timeline needed to complete the evaluation and the reasons for the additional time needed.

Eligibility

The evaluation group and the parent will determine whether or not the student is a special education student.

·        A student is not eligible if the determinant factor is lack of appropriate instruction in reading or math, based upon the state’s grade level expectations or limited English proficiency.

·        Eligibility may be determined by documented professional judgment when:

§      Properly validated tests are unavailable; or

§      Corroborating evidence indicates that results were influenced due to measuring a disability.

The parent will be provided with a copy of the evaluation report and the documentation of determination of eligibility.

Parents will also be provided with prior written notice of the eligibility decision within ten school days of the decision. The special education department is responsible for sending the notice.

Students remain eligible for special education services until one of three events occur:

·        The student is determined through a reevaluation to no longer be eligible for special education;

·        The student has met the district’s high school graduation requirements; or

·        The student has reached age 21. A special education student whose 21st birthday occurs after August 31, shall continue to be eligible for special education and any necessary related services for the remainder of the school year.

When a special education student is expected to graduate prior to age 21, or when graduation is part of the transition plan, the IEP team will document a student’s progress towards achieving course credits towards graduation on the transition portion of the IEP. The district will provide prior written notice to parents and adult students that the student is expected to graduate and will no longer be eligible for special education services. The district will also provide the parents and student with a summary of academic achievement and functional performance and recommendations to assist the student with postsecondary goals.

Please also note that WAC 180-51-115 requires schools to develop procedures for granting high school graduation credits for students with disabilities; as cross-referenced by the Manson School District Administrative Policy 2410.

Evaluation Report (Administrative Policy 2410)

Each person conducting an assessment of the student will specify the procedures and instruments used and their results and the significance of findings related to the student’s instructional program, including a specification of the factors interfering with performance and the special education and related services needed.

The evaluation group will determine who is most appropriate to develop the evaluation report reflecting the evaluation information. This will be completed before the conclusion of the evaluation period and will, at a minimum:

·        Identify the disability which requires special education and related services, if a disability exists;

·        Discuss assessments and review data supporting conclusions regarding eligibility;

·        Include the additional information required for the specific learning disability eligibility category;

·        Describe how the disability or disabilities affect the student’s involvement and progress in the general curriculum;