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Newark Public Schools

Office of Special Education’s Professional Development Center

Dr. Clifford Janey, SuperintendentDr. Don Marinaro, Assistant Superintendent

OUR GOAL IS BEST PRACTICES IN NEWARK’S

SPECIAL EDUCATION PROGRAMS

Professional Development Center For Code & Procedure Questions call: Mitchel Gerry (973-733- 6959) Mary Hart (973-792-6506) Sakinah Springs (973-792-6059) Sandy Bruno (973-792 -6006 ) For Technology Questions emaill Joe Fonseca

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This Presentation will focuson the Process involved in

Special Education Referrals through toEligibility and Placement while

meeting the Code Mandated Timelines

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Topics to be Covered in this Presentation:

Special Education Referrals Identification Meetings

Legal-Mandated Timeframes Disabling Conditions

Programs Placements

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When Should Students be Classified & Placed in Special Education Programs?

OnlyOnly when a student meets the criteria for one of the 14 when a student meets the criteria for one of the 14 disabling conditions specified in state and federal disabling conditions specified in state and federal regulations are they eligible to be classified and placed regulations are they eligible to be classified and placed in special education programs! in special education programs!

The need for extra help or the inability of general educationThe need for extra help or the inability of general educationinterventions to meet a student’s education needs interventions to meet a student’s education needs are not are not sufficient reasons to classify students and place them in special sufficient reasons to classify students and place them in special education programs! education programs!

Code Mandated Timelines

Before every meeting a parent must be given written notice 15 days before the meeting at least three times

After every meeting a parent always has 15 days to consider giving their consent

Referral to ID meeting is 20 calendar days Consent to placement is 90 calendar days including

holding the Eligibility and IEP meetings

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When Should Students be Referred for Special Education Evaluations?

When general education interventions, classroomWhen general education interventions, classroom

strategies, curriculum modifications, I & RS /504 schoolstrategies, curriculum modifications, I & RS /504 school

interventions including counseling, tutoring, teacher interventions including counseling, tutoring, teacher

coaches, and accommodations have been tried, coaches, and accommodations have been tried,

documented and shown to be unsuccessful documented and shown to be unsuccessful

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How Can a Student be Referred for a Special Education Evaluation?

There are two ways a student can be referred for aThere are two ways a student can be referred for a

special education evaluation:special education evaluation:

1. A staff member can completely fill out the appropriate referral form

2. A parent and/or agency concerned with the welfare of children can refer students directly for a special education evaluation

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What Happens After aSpecial Education Referral is Made?

The complete child study team must conveneThe complete child study team must convene

an “identification meeting” with the parent(s) &an “identification meeting” with the parent(s) &

the student’s teacher within 20 calendar days ofthe student’s teacher within 20 calendar days of

the completed referralthe completed referral

The school nurse must submit all medicalThe school nurse must submit all medical

information to the child study team information to the child study team

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What Happens at the Identification Meeting?

Participants review all available data (e.g. cumulative record, Participants review all available data (e.g. cumulative record, medical report, standardized test scores, current work samples, medical report, standardized test scores, current work samples, documented interventions etc.)documented interventions etc.)

If the decision is to evaluate the student, the types of evaluations thatIf the decision is to evaluate the student, the types of evaluations that

are required must be delineated on the “notice” form & the parent are required must be delineated on the “notice” form & the parent

must give must give written consentwritten consent

If the decision is not to evaluate the student, the reasons why If the decision is not to evaluate the student, the reasons why & recommendations must be specified on the “notice” form.& recommendations must be specified on the “notice” form.

Decide whether the student is suspected on meeting the criteria for Decide whether the student is suspected on meeting the criteria for one of the 14 disabling conditions delineated in the code and one of the 14 disabling conditions delineated in the code and should be evaluated should be evaluated

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Within 90 days Within 90 days All evaluations must be completedAll evaluations must be completed Reports written and sent to parents 10 days before eligibility Reports written and sent to parents 10 days before eligibility

meetingmeeting The eligibility decision is made and if eligibleThe eligibility decision is made and if eligible The IEP must be developed and implementedThe IEP must be developed and implemented through through

placementplacement

What Happens Next ?

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What Happens at the Eligibility Meeting?

Only students who have one the 14 disabling conditionsOnly students who have one the 14 disabling conditions

listed in the code can be classified Eligible for listed in the code can be classified Eligible for

Special education and related services. Special education and related services.

The case manager, at least one CST member who evaluatedThe case manager, at least one CST member who evaluated

the student, the current teacher, and the parent must decidethe student, the current teacher, and the parent must decide

whether to classify the student whether to classify the student

There are only two classifications in New Jersey:There are only two classifications in New Jersey:

1.1. Eligible for Special Education and Related ServicesEligible for Special Education and Related Services

2.2. Eligible for Speech-Language ServicesEligible for Speech-Language Services

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What are the 14 Disabling Conditions that can result in a Student being Classified?

Auditorily Impaired

Autistic

Cognitively Impaired

Communication Impaired

Emotionally Disturbed

Multiply Disabled

Other Health Impaired

Orthopedically Impaired

Preschool Child with a Disability

Social Maladjustment

Specific Learning Disability

Traumatic Brain Injury

Visually Impaired

Deaf/Blindness

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What Dictates aStudent’s Special Education Program/Placement?

Students are placed in special education programs/placements according to their educational needs

The student’s disabling condition does not dictate the type ofprogram/placement

Students with a variety of disabilities can be placed in the sameprogram/placement

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After a Student is Classified, When & Where will they be Placed?

Placements

The IEP team: case manager, general education teacher, special education teacher, the parent(s) & the student (if appropriate) meets to develop an IEP

The IEP delineates all services and supports the classified student needs, including the special education program – LRE mandates that student’s receive services in the least restrictive environment

Once the IEP is developed the case manager contacts their Regional and/or Office of Special Education’s Placement Officer for an appropriate placement.

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What Happens if the Parent Refuses the Program/Placement?

Parental Refusal

The U.S. Department of Education has ruled that a parent can not The U.S. Department of Education has ruled that a parent can not be brought to a due process hearing to force a special education be brought to a due process hearing to force a special education placement if the parent refuses to sign consent to implement the placement if the parent refuses to sign consent to implement the initial IEPinitial IEP

Parental Refusal form can only be used at the time of the initial IEP Parental Refusal form can only be used at the time of the initial IEP

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IEP Teams Should Capitalize on NCLB, IDEA, & Corresponding Code- Mandates, as well as NPS’s Priority to Increase Programs &

Placements in Neighborhood Schools!

Least Restrictive Environment (LRE)

● Neighborhood schools are responsible for all their special needs students’ test scores● State data supports the idea that special needs students do better on state tests when they are educated in the gen ed classroom● Students have the right to be educated with their nondisabled peers in their neighborhood schools● Only students with severe or unique needs should be placed in programs outside of their neighborhood school

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First consideration, by federal and state law, must always be given to placing a special needs student

within a general class

Least Restrictive Environment (LRE)

● General education with supplementary aids and services: school programs such as Read 180, Reading Recovery, tutoring, counseling, classroom aide, modifications - staff does not have to be certified in special education

● Resource – In class support: can be delivered with a variety of in-class model support teacher needs to be certified in special education

The Continuum to More Restrictive Placements

● Resource Center: pull out replacement / support

● Self-Contained Classes: auditory, autism, behavioral disabilities, cognitive (mild/ moderate/ severe), learning/ language disabilities (mild-moderate / severe), multiple disabilities, preschool disabilities, visual impairements

● Out of District Placement

● Residential Placement

● Home Instruction

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Once a Location is Found for the Student to Receive a Special Education Program & Services, When Does he/she Start Attending?

Placement Location

The parent and school must receive a placement letter from the Office of Special Education before the student can be enrolled in the special education program

If the student requires transportation to get to the special education program it must be arranged at the time placement is made

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Summary of the Process if Evaluations & Placement are

Warranted

5. All evaluations must be completed

7. Parents have 15 days to consider that decision

1. Documented general education interventions;

8. An IEP is developed

6. Eligibility meeting to determine if student is classifiable

2. Referral to CST by staff or parents

3. Within 20 days of the completed referral, an ID meeting must occur.

4. Parents have 15 days to consider that decision

9. Parents have 15 days to consider that decision

10. Placement letter must arrive and transportation arranged.