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Referrals, Evaluations and Eligibility Determinations

Office of Vocational and Educational Services for Individuals with Disabilities

Special Education Policy Update SessionFall 2007

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1. Referrals for Initial Evaluation

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Who may initiate a referral?

Referral for initial evaluations Parent School District or Commissioner or designee of public agency

responsible for providing education to students with disabilities Request for referrals

Professional staff members of the district the student resides in or private school student attends

Physician Judicial officer Student, age 18 or emancipated minor

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2. Individual Evaluations and Reevaluations

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60 calendar days to complete evaluation

Parent and district can agree to another timeline if: Child moves into new district and evaluation

was initiated in prior district Agree to determine how student responds to

research-based intervention (response to intervention)

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Observation §200.4(b)(1)(v)(ii)

Required component of the initial evaluation

Observation in the student’s learning environment (including regular classroom setting)

For student less than school age or out of school – environment appropriate for student that age

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Independent educational evaluations (IEE) parent right to one IEE for each district

evaluation parent disagrees with Reevaluation every three years

unless parent and district agree, in writing, the reevaluation is not necessary

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3. Eligibility Determinations

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Sources of information

Variety of sources Aptitude and achievement tests Parent input Teacher recommendations Physical condition Social or cultural background Adaptive behavior

Ensure information from all sources is: documented and carefully considered.

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Board of Education Responsibilities §200.2(b)(7)

BOE written policy establishes practices and procedures for

implementing schoolwide approaches to remediate a student’s performance prior to referral for special education may include a response to intervention (RtI)

process

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RtI Programs§100.2(ii)

Minimum requirements Appropriate instruction in general education class

Appropriate instruction in reading means scientific research-based reading programs that include instruction in:

Phonemic awareness Phonics Vocabulary development Reading fluency and Reading comprehension strategies

Screenings Levels of targeted intervention

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Repeated assessments Application of information to make

educational decisions Written notification to parents

Student performance data collected and general education services to be provided

Strategies for increasing rate of learning Parents’ right to request an evaluation

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School selects structure and components Criteria for determining levels of intervention Types of interventions Amount and nature of performance data to be collected Manner and frequency for progress monitoring

Ensure fidelity of implementation Staff knowledge and skills to implement RtI Program is implemented consistent with the RtI structure and

components selected

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Referrals when using RtI

School district must initiate a referral and promptly request parent consent to evaluate a student who: has not made adequate progress after an

appropriate period of time when provided instruction in a “response-to-intervention” process (§100.2(ii))

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Learning Disabilities (LD) May not rely on any single procedure Must include observation of student’s academic

performance in the regular classroom Before referral With parent consent, after the referral Must be conducted by CSE member

Q: If you use an RtI process, must you still conduct a complete individual evaluation?

A: Yes

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Are learning problems the result of lack of appropriate instruction in math and reading?

Data that demonstrates that prior to, or as part of, the referral process, the student was provided appropriate instruction in regular education settings, delivered by qualified personnel;

Data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment of student progress during instruction Information must have been provided to

parents prior to referral

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Who makes the LD determination?

CSE Must include student’s regular education

teacher; and At least one person qualified to conduct

individual diagnostic examinations (e.g., school psychologist, speech/language pathologist, reading teacher)

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State Criteria for LD

1. Student does not achieve adequately for age or standards;

and2. Student either:

does not make progress (RtI)

or exhibits a pattern of strengths and weaknesses in:

performance, achievement, or both relative to age, standards or intellectual development;

and

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3. Not result of: visual, hearing or motor disability; mental retardation; emotional disturbance; cultural factors; environmental or economic disadvantage; or limited English proficiency

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Use of significant discrepancy

State does not prohibit its use Except that effective on or after July 1,

2012 (5 years), a school district shall not use the severe discrepancy criteria for: LD determination in reading for students in

grades K-4.

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Written report of LD Determination

1. Does student have a LD?

2. Basis for making the determination?

3. Relevant behavior noted during the observation and the relationship of the behavior to the student’s academic functioning

4. Educationally relevant medical findings

5. Does the student meet the State’s criteria?

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6. Determination of the CSE regarding exclusionary factors

7. If student participated in RtI: Instructional strategies used and the student centered data

collected; and Documentation that parents were notified

amount and nature of student performance data, general education strategies used for increasing the

student’s rate of learning; and right to request a special education evaluation.

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Proposals to Advance RtI Implementation

RtI Technical Assistance Center (RtI-TAC) Connect to new federally-funded National RtI

Center Grants to schools to implement RtI

Selected schools throughout NYS

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RtI Resources/Links

www.nrcld.org www.ncld.org www.nasdse.org www.aimsweb.com www.dibels.org www.interventioncentral.org