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Child Find and Eligibility Determination for AEA Special Education Support StaffDay 2

Fall 2011Today is about enlightenment and reflection!

Opening activity:

Reflecting on the content and learning from yesterday, and what is in store for today, rate your level of comfort (or pain) as you think about understanding and applying this content to your work.

Have each participant place a dot on the Pain Chart to represent their level of comfort/pain.

Explain that the data will be referenced within the discrepancy section to illustrate some of the elements of discrepancy.

Discrepancy elements to reference the data to; using data to establish standards and expected performance by which to compare discrepancy data using data comparisons to judge the magnitude of discrepancy using data to judge uniqueness1DiscrepancyNeedsExclusionary FactorsDecision Making Overview of Day 22

DiscrepancyDiscrepancy Title SlideThe difference between the individuals current level of performance compared to peers level of performance or other expected standards at a single point in time.

-- Iowa Special Education Eligibility Standards, 2006

DiscrepancyPolishing Our Practice4/17/09Heartland AEA 11Discrepancy is the point in time reference of current performance not performance over time. This distinguishes discrepancy from progress.

Remember, discrepancy data reported at during FIE must be current. What does it mean to be current? Some ideas to highlight may include: Data from current supplemental instructionData from current interventionending performance dataNon-examples in this section: childs birth history, medical history, piece of information that is so old that it is not significant any longer, etc. Only use information that is RELEVANT!

Current = Depends upon measure being used; Ex. ITBSup to one year old; Other tests would be the most recent edition and relative to what you are measuring. The most recent time or times the measure was given. You do not need to reference measure over time because that is getting into Progress not Discrepancy.A basic tenet of problem solving is that as the intensity of a problem rises, the amount of resources that we use in solving the problem also rises.

Similar to this, as the intensity of a problem rises, the rigor of our discrepancy information also needs to increase.Rigor of Decisions

Polishing Our Practice4/17/09Heartland AEA 11Anytime we collect data, which occurs throughout the entire educational system (screening, intervention planning, during FIE), we have to consider the stakes that are within that decision. FIE decisions are very HIGH-STAKES. We need to collect more rigorous data for higher stakes decisions.Technical AdequacyObjectivityAmountDirectness of MeasureWhat Makes Data More or Less Rigorous?

Polishing Our Practice4/17/09Heartland AEA 11We are going to move through these slides quickly. Please save your questions to the end (or capture the question poster)

These are the characteristics of data that make it more or less rigorous. Well expand on TOAD on next slides.

TOAD is from Data Driven Leadership and all administrators get it as part of Evaluator Approval training. Not only does TOAD help us evaluate the rigor of our data and match it to the decision being made, but it can provide us with common language to use with administrators if we are trying to explain why or why not we are using particular pieces of data.Standardized Administration: administered under conditions that specify where, when, how, and for how long children may respond to the questions or "prompts.Reliability and validity of the data sourceTechnical AdequacyHigh RigorLow Rigor# of letters written: all students receive 10 minutes to write the alphabet on standard paper during writing class at their desk # of letters written: students use their own writing paper to write all letters during the day

Polishing Our Practice4/17/09Heartland AEA 11Provide examples of things that have high technical adequacy: DIBELS, Aimsweb, etc. have validity and reliability. Provide examples of assessments that are used in your AEA that have high technical adequacy.

Reliability = consistentValidity = means it measures what it is supposed to measure

The top example has better technical adequacy than the bottom example. The top example is given in a standardized manner.

Be careful to make the point that this does not mean we need to use a standardized measure for eligibility decisions, but in order to make comparisons, a measure must be administered in a standardized manner.

Reliability: Consistency or RepeatabilityValidity: The test measures what it is intended to measureMeaningful measure of a targeted skill Technical AdequacyHigh RigorLow RigorAssessing Math Skills for multiplication: Permanent product of classroom multiplication test administered in a standardized fashion.Assessing Math Skills for the Unit: Total grades for the unit made up of homework, tests and quizzes.

Polishing Our Practice4/17/09Heartland AEA 11Consider the low rigor data source.

ACTIVITY: Turn to your neighbor and talk about why that source is not a good measure of a students math skills for a unit.

Reasons why the unit grade is not a technically adequate measure:Not standardized you dont know if student worked alone/with others/, you dont know length of time the student worked, you dont know if there were accommodations/modificationsSkills would be all mixed up together information would not be skill specific (validity)Wouldnt be repeatable not standardized, mixed skills (reliability)Performance Standard: Data must be able to be compared to a performance standard to be useful to make decisions Technical Adequacy: So What?High RigorLow RigorPeer ComparisonTeacher Expectation

Polishing Our Practice4/17/09Heartland AEA 11The data passes the So What? Test. We need something to compare the data to in order for it to be meaningful. The data first have to be technically adequate and then compared to a high rigor standard also.

Peer comparison is higher rigor than a teacher expectation because it is more direct and objective than teacher expectation. Teacher expectations do not always reflect what students are actually doing.

Technical AdequacyDIBELS Oral Reading FluencyHighPolishing Our Practice4/17/09Heartland AEA 11Here are examples JUST for Technical Adequacy alone. (Not the rest of TOAD)

Remember we are talking about use of the data sources for high-stakes eligibility decisionssome of these data sources may be fine for other purposes.

Ask participants to guess and then reveal the answer.

High technical adequacy because it is standardized, reliable, and valid.

Teacher-designed math rubricLowTechnical AdequacyPolishing Our Practice4/17/09Heartland AEA 11Low technical adequacy because -it probably isnt standardized-it may not have good reliability (If two people scored the same thing, would they get the same score? If you rated a student assignment tomorrow with the rubric, would you get a similar score?)-it may not be valid what specific skills are being measured?

ObjectivityData that refers to observable and measurable characteristics of the problem Objective data can be assessed quantitatively or qualitativelyHigh RigorLow RigorAggression: Number of incidents of aggressionAggression: Number of suspensions (suspensions aggression)

Polishing Our Practice4/17/09Heartland AEA 11Objectivity refers to the ability to observe and measure a specific problem. (Tie into problem definition).

ACTIVITY: Turn to your neighbor and talk about why the low rigor source is not a good measure of aggression.

Reasons why it is not an objective source:Not Observable & Measurable - suspensions does not automatically means the student was aggressive

If the problem behavior is aggression, then the number of incidents of aggression is more observable than the number of suspensions.ObjectivityBASC (behavior rating scale) used to measure specific behavior of concernLowPolishing Our Practice4/17/09Heartland AEA 11Examples for Objectivity ONLY (not rest of TOAD.)

(Can walk participants through technical adequacy as well.the BASC has high technical adequacy, but low objectivity)

Need to clearly indicate that the BASC is a technically adequate instrument however, Objectivity refers to a direct, observable measure of a specific behavior of concern. The BASC does not provide this.ObjectivityParent log of the number of ounces consumedHighPolishing Our Practice4/17/09Heartland AEA 11High objectivity because it can be observed and specifically measured.

AmountMultiple data sourcesConsistent data collected at different timesConsistency across data provides more confidence in our decisions

High RigorLow RigorA median of 20 blurt outs during 30 minute observation periods across multiple settings with multiple teachers1 data point indicating 20 blurt outs during a 30 minute period

Polishing Our Practice4/17/09Heartland AEA 11Convergence of data is required during FIE process.

This is the reason that we collect data across time (e.g. baseline). We are more confident with three data points that are collected across 3 days than 3 data points collected all at once. This provides a more stable & representative measure of a students skills.

ACTIVITY: Turn to your neighbor and talk about why that one data point is not a good measure of a students blurt outs.

There is only one data point, and in order to be a rigorous source of data, there must be multiple data sources that are consistent and collected at different times.

AmountBaseline collected onceLowPolishing Our Practice4/17/09Heartland AEA 11Obviously, there is not a sufficient AMOUNT of data. It does not come from multiple sources, and we dont know whether it is consistent.AmountStable and representative baseline collected 3 times across 3 daysHighPolishing Our Practice4/17/09Heartland AEA 11Stable baseline is much different than sawtooth data that is all over the place (unstable data)DirectnessMeasures what you intend and need to measureSkill specificExample methods:Direct observation/assessmentReview of Permanent productParent checklistTeacher ratingTeacher/parent report

High RigorLow RigorHealth: BP, urinalysis, blood level assessments etc.Health: Web MDs checklist of symptoms

Polishing Our Practice4/17/09Heartland AEA 11Behavior example: observation vs. interview/testExamples are listed in order of rigor. (Participants may want to make a note of this so they understand it when they look at it later.)

ACTIVITY: Turn to your neighbor and talk about why that checklist is not a good measure of a students health.

Because it is not direct a checklist does not provide DIRECT information about the concern

Teacher tallied students incidences of hitting based on definition in intervention planHighDirectnessPolishing Our Practice4/17/09Heartland AEA 11Direct measure of this specific behavior.

Aggression measured through a teachers report completed at end of day based on memoryLowDirectnessPolishing Our Practice4/17/09Heartland AEA 11Indirect measure of this behaviorbut does this happen? All the time. We do collect this data and it doesnt mean it is bad data. Just need to consider rigor of data for the decision you are making. Would not want to base a discrepancy decision during FIE on this data alone.ChecklistNot all data sources will meet all elements of TOADMultiples measures and data sources help assure all elements of TOAD can be addressedSome measures weigh higher on the decisions than others

Technical AdequacyHighMediumLowObjectivityHighMediumLowAmountHighMediumLowDirectnessHigh MediumLowPolishing Our Practice4/17/09Heartland AEA 1121Ms. K made a checklist of morning routine tasks. She asked the TA to complete it based on Katie's independence on her morning routine. The TA completed it one time during her break at lunchtime.Checklist: Lets Do One TogetherTechnical AdequacyHighMediumLowObjectivityHighMediumLowAmountHighMediumLowDirectnessHigh MediumLowWalk through why each component of T.O.A.D is rated low for this measure. (These are suggested answers.)

Technical adequacy (standard administration, reliable, valid) low because we dont know that it truly measures what we are intending to measure, dont know that it will be administered in a standard fashion Objectivity (observable & measurable & skill specific) low dont know that there was a specific definition of the behavior being measuredAmount (multiple sources, consistent) low collected onceDirectness (direct, immediate, skill specific) low she did it hours later based on memory

If would be helpful if you could apply the assessments you currently use to this checklist to determine their levels of rigor.

Polishing Our Practice4/17/09Heartland AEA 1122

Is the 1st ranked team twice as good as the 2nd ranked team?Is the difference between the skills of the 3rd and 4th ranked teams the same as the difference between the skills of the 18th and 19th ranked teams?Comparing DataThe purpose of the table on page 33 of the participant portfolio is to allow us to compare data. When we compare data, we need to be sure we are using different types of data correctly. For instance, when ranking football teams, is the 1st ranked team twice as good as the 2nd ranked team? Is the difference between the skills of the 3rd and 4th ranked teams the same as the difference between the skills of the 18th and 19th ranked teams? No, it is simply a rank order based on performance. The differences between the teams is not measured in equal intervals.

Determining significance of discrepancy during the evaluation process is a high-stakes decision. In order to make these decisions accurately, we must ensure we are properly using the collected data.

Lets take a quick revisit of IRON (the different types of data) on the next few slides.23Four Types of DataNominalOrdinalIntervalRatio+ + Take a moment to read through the information on page 33.

In order to appropriately use data, we must understand what can and cannot be done with different types of data. Take for instance, the most flexible type of data; ratio data. We can perform all types of mathematical manipulation as well as calculate the mean, median, and the mode. These operations cannot be performed on all types of data. One common error seen is the addition and/or subtraction of percentile scores and grade equivalency scores.

Lets take a look at the types of data and talk about when each can and cannot be used.24A scale of measurement in which numbers stand for namesAllows only for classification

Examples:

1 = proficient2 = non-proficient1 = true2 = neutral3 = falseNominal*Likert scale could be nominal or ordinal

Can calculate: mode

We can also: calculate number and percents within categories, establish baselines and track data across years

We CANNOT manipulate the numbers mathematically no addition, subtraction, multiplication or division. These are simply labels.25Our school meets the unique needs of all of its students. On a Likert scale of 1-5 (1=strongly disagree and 5=strongly agree), the average score was 2.8. Thus, more than of the community stakeholders have positive perceptions regarding this question.Is this an accurate statement? Think AboutLets explore the community needs assessment data for a survey question. Read this statement. If you feel this statement is false, make the statement or the question true.If true, justify!

This statement is false. You cant average these scores because they are nominal data. In order to calculate an average, we would have had to add these scores together and then divide. You cant do that with nominal data.

In order to make this true, it should present the percentage of stakeholders who strongly agree or strongly disagree. The statement could read.67% of respondents rated our district as a 4 or 5.

26A way of measuring that ranks (orders) on a variable. The difference between the ranks needs not be equal (unequal intervals between units of measure).Examples:Percentile rankClass rankRubric scoresGrade and age equivalentsOrdinalCan calculate: mode and median

We can also: calculate number and percents within categories, establish baselines and track data across years

We CANNOT manipulate the numbers mathematically no addition, subtraction, multiplication or division. These are simply labels.

27Grade/Age Equivalent ScoresIf a 5th grade student receives a grade equivalent score of 7.4 this DOES NOT mean that student can perform 7th grade work.

It suggests that a typical 7th grader in the fourth month of school would receive the same score if 7th graders had taken the 5th grade test.One set of data commonly used are Grade Equivalent Scores. CAREFULLY INTERPRET GRADE EQUIVALENT SCORES OR DO NOT USE THEM AT ALL.

Remember that a Grade Equivalent score is not the same thing as an instructional level.Also remember that because this is ordinal data, we cant mathematically manipulate it. We cannot say that this student is 2.4 grade levels above a typical 5th grader. Or what is more likely in our situation on an EERwe cant report a GE score and then determine how many years behind our student is.

28A scale or measurement that describes variables in such a way that the distance between any two adjacent units of measure (or intervals) is the same, but in which there is no meaningful zero point.Examples:Year (A.D.)FahrenheitCelsiusStandard Scores IntervalCan calculate: median and modeWe can add and subtract interval scoresbut we cant multiply and divide them.

29A measurement or scale in which any two adjoining values are the same distance apart and in which there is a zero pointExamples:ITBS National Standard Score (NSS)MAP-RIT scoresPercentFrequency, duration (raw scores)Lexile scoresRatioCan calculate: mean, median and mode

We can mathematically manipulate this data.

30Using national norms, the average 2nd grade student in the fall of the school year reads at a rate of 44 correct words per minute. In the spring of the year, the average 2nd grade student reads at a rate of 90 correct words per minute. To meet this goal in 24 weeks, the student must gain approximately 1.9 words per minute per week.Thumbs Up or Thumbs Down?Is this true or false? It is true because all of the data used is ratio data and can be mathematically manipulated.31Beth obtained an ITED National Standard Score (NSS) of 250 during her 8th grade year. She obtained a NSS of 260 during her 9th grade year. Given that average students are to grow 10 NSS points between these two years, Beth demonstrated average growth during this time.Thumbs Up or Thumbs Down?This is true based on ratio data!32What Types of Data Do You Use?Percentile RankITBS NSSCBM ScoresRubric Scores%What type of data do you frequently use?Are you using data appropriately?Are you reporting data appropriately?With your table team, share which type (s) of data you most commonly use in problem solving and within the FIE process for discrepancy determination.

Are these data being used appropriately? Are they being reported appropriately?33 AEA Special Education Procedures Manual (July, 2011), p.44What are the multiple sources of data that demonstrate the individuals performance is significantly discrepant from that of peers and expected standards?How does the individuals current level of performance compare to that of typical peers or expected standards?What is the magnitude of the discrepancy?What are the functional implications of the discrepancy? Discrepancy During EvaluationThis excerpt from the manual provides an overview of discrepancy information that we will cover.

Convergence of data from multiple sources using multiple methods is the goal. As presenters, emphasize both.

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DiscrepancyMultiple Methods and Data SourcesRAsk participants to look at the table on the blank EER and question #2 of the Reevaluation questions

Silently read the top paragraph that describes discrepancy. Remind participants that the Performance Domain and the Area of Concern should match what you identified on page 2.

Emphasize multiple sources of data for each area of concern.

The focus at this point is on MULTIPLE SOURCES of DATA columns 1,2,335Multiple Sources of Data Using RIOT Methods

There must be at least two sources of data for each area of concern.Polishing Our Practice4/17/09Heartland AEA 11The first piece of Data Sources will be the ideas around RIOT around ICEL. It is important to have at least two sources of data for each area of concern.

AEA Special Education Procedures (July, 2011), p.44What are the multiple sources of data that demonstrate the individuals performance is significantly discrepant from that of peers and expected standards?How does the individuals current level of performance compare to that of typical peers or expected standards?What is the magnitude of the discrepancy?What are the functional implications of the discrepancy? Discrepancy During EvaluationFocus on section 2 current level of performance37

DiscrepancyPeer/Expected PerformanceRAsk participants to look at the table on the blank EER and question #2 of the Reevaluation questions

The focus at this point is on Peer/Expected Performance column 4

38Performance StandardsA performance standard (or standard of comparison) is used as a rule or basis of comparison in measuring or judging performance.

Data Based Decision-Making Manual, Heartland AEA 11, 2008

Polishing Our Practice4/17/09Heartland AEA 11Performance standard gives you a comparison. How many words should a 3 year old say? How many digits correct should a 5th grader be able to complete in 5 minutes? How quickly should a 4 year old be able to walk up stairs? The performance standard provides you with that information.Performance StandardsFirst Consider:

Iowa Core Curriculum Essential Concepts and SkillsIowa Early Learning StandardsIowa Core Content StandardsThen Consider:

District measure of peer performanceDistrict/AEA/state/national normsDevelopmental normsClassroom expectationsSchool policiesChange in thinking to think about Iowa Core and Iowa Early Learning Standards first.

(Columns are in order of rigor)Tell people where to access Iowa Core information.AEA home page then Iowa Core Curriculumthen Iowa Core linksthen Essential Concepts and Skills webpage

40Performance StandardsNorm Referenced ComparisonsIndividuals performance is compared with the performance of a normed groupe.g. local, national, userCriterion Referenced ComparisonsIndividual's performance is compared to an established standard of performancee.g. research, developmental, parent, medical, teacherThis is just an overview of the difference between normative and criterion-referenced comparisons.

Normative comparison: group identified based on common characteristics (i.e. all 3 year olds in Iowa, all 6th graders across the USA, all 11th grade students in Happy Days School district)41The individual would be able to perform at the floor of an expected range.When using percentiles, the expected range would be one standard deviation below or above the middle = 16th percentile to the 84th percentile.Record the range, not just a score.Expected Level of PerformanceThis is about the expected level of performance not the eligibility guidelines. We record the range of expected level of performance, not just a single score.

You may want to double-check the technical information about a data source to assure the range of the standard deviation.

Source: Iowa Child Find Work Group42 AEA Special Education Procedures (July, 2011), p.44What are the multiple sources of data that demonstrate the individuals performance is significantly discrepant from that of peers and expected standards?How does the individuals current level of performance compare to that of typical peers or expected standards?What is the magnitude of the discrepancy?What are the functional implications of the discrepancy? Discrepancy During EvaluationFocus on #3 Magnitude of discrepancy

Magnitude means size. So this question is asking, How big is the difference?

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DiscrepancyMagnitude of DiscrepancyRPull out the blank EER and look at the table.The focus at this point is on Discrepancy from Expected Performance column 644Read the Magnitude of Discrepancy information in the Portfolio. This is a section of the Special Education Procedures Manual.Discuss the reading with your table partners.

Determining MagnitudePg. 45 of Procedures ManualDiscuss at table and call on tables to report.

Remember: we are NOT talking about the 41st percentile and proficiency as described in NCLB. We are talking about special education eligibility.

45Magnitude of the DiscrepancySize of the difference between the standard and current performanceWays to measure the magnitude:Absolute difference Percentile ranksDiscrepancy ratiosPolishing Our Practice4/17/09Heartland AEA 11Three ways to measure magnitude of the difference described in the next slidesThese are ways to support the decision making process, not define the decision.Absolute difference is the difference between the current performance from the performance standardPercentage of points earned on an objectively defined behavior point sheet Peers: 95%; Student: 65%95 65 = 30 percentage points(Absolute difference)

Absolute DifferencePolishing Our Practice4/17/09Heartland AEA 11Absolute difference is simply a reporting of the difference in points. This would be reported as a difference of 30 percentage points. This is just one example of when absolute difference can be used. For example, it can also be used with raw scores (cwpm, digits correct, etc.)

Q: How do you determine if an absolute difference is significant?A: Convert the absolute difference into a percentage, then use the guideline of 25% or more difference.

Absolute Difference MagnitudeThere is no one single answer, however, we must build a compelling case. We have multiple sources, multiple methods of data that are telling us the same thing. The significance question is about instructional significance, not just entitlement significance.

See example on the discrepancy table on the _________ sample EER.48Describes how a score compares to other scores on the same assessmentExamples:30th percentile means a student scored as well or better than 30% of the comparison group50th percentile means a student scored as well or better than 50% of the comparison groupPercentile Rank

Polishing Our Practice4/17/09Heartland AEA 1149Percentile rank is another way to look at the magnitude of the difference.

These are correct interpretations of percentile rank. They show us where the student ranked in the comparison group (remember the height analogy). Remember, that this is a comparison to a group. The score will vary depending on the group. A student scoring at the 85th percentile for height could be interpreted differently depending on whether the norms are for jockeys or basketball players.

REMEMBER Percentile ranks are ordinal dataThey put kids scores in order and that is allPercentile ranks are not equidistant from each other. The difference between the 49th and 50th percentile rank in terms of raw score is not necessarily the same as the difference between the 80th and 81st percentile rank.vs. Portion of the whole thingAnswers the question, how much? or what part of 100?Absolute differenceDescribes how score fits into the distribution of scoresAnswer the question, how well compared toRelative (dependent on how everyone else performs)PercentPercentile RankPolishing Our Practice4/17/09Heartland AEA 1150DO NOT confuse Percent with Percentile Rank.

Example of the difference between these: A student may know 6 letters of the alphabet, which is about 23% of the letters. If her score was the highest of all those in the comparison group, she would score at the 99th percentile relative to that group. If however, the typical performance on the alphabet test for the group was 6 letters (23%), then her score would be at the 50th percentile relative to that group. On the other hand, if everyone else scored higher than 23% correct (more than 6 letters), her score would be at the 1st percentile.A way to calculate magnitude for ratio data (i.e., that are equal interval and have a true zero)Guideline: 2.0 times discrepant is significantly discrepantHistorically used to analyze CBM data when a norm is not availableDiscrepancy RatioPolishing Our Practice4/17/09Heartland AEA 11A third way to look at the magnitude of the discrepancy is the discrepancy ratio.Calculation: Bigger score (usually the standard such as a peer median) divided by the Smaller score (usually the students score)100 WRC/50 WRC = 2.0

Discrepancy RatioExamplesDuration and latency data (use common time frame)Number of steps taken in 5 minutesNumber of times tardy to first hourNumber of assignments turned in late over 2 weeksNon-examplesRubricsPercentile ranksPolishing Our Practice4/17/09Heartland AEA 11These are examples and non-examples of data sources used in the computation of a discrepancy ratio.

Remember that to use a discrepancy ratio, we need to have ratio dataUse percentile rank when: Local or national norms are availableUse absolute difference when: Local or national norms are not availableData are equal intervalUse discrepancy ratio when: Local or national norms are not availableRatio data (equal interval and have a true zero)Guidelines for Reporting DiscrepancyPolishing Our Practice4/17/09Heartland AEA 11Local refers to district, AEA or State level normsDetermining Magnitude of DiscrepancyRead the Q and A in the Nice to Know section discussing the use of percentile ranks and times discrepant (discrepancy ratio).At your table, discuss what you typically use and what you thought about when you read the information.Polishing Our Practice4/17/09Heartland AEA 11Polishing Our PracticePolishing Practice4/17/0911/19/2008Heartland AEA 11Polishing Our PracticeThis is an optional activity if there is time, do the activity. If not, make reference to the Q & A in the Nice to Know Section.Take 10 min. to read Determining the Magnitude of Discrepancy Q & A. Discuss at tables.

DiscrepancyTableRPull out EER example and look at how the table is completed and for the Page R, look at the answer to question #2.

55 AEA Special Education Procedures Manual (July, 2011), p.44What are the multiple sources of data that demonstrate the individuals performance is significantly discrepant from that of peers and expected standards?How does the individuals current level of performance compare to that of typical peers or expected standards?What is the magnitude of the discrepancy?What are the functional implications of the discrepancy? Discrepancy During EvaluationFunctional implications given all this information what do you know about the students skills?56So What? !What do the data say about the discrepancy?How does this impact the ability of the individual to function in the educational system?

Functional ImplicationsThis functional implication information comes from the qualitative data collected during the assessment process. It is critical to address this issue as this information impacts the understanding of needs of the individual, which is one of the purposes of the evaluation process.57

DiscrepancySignificance of Discrepancy SummaryRPull out the blank EER first question under the table58Once a standard is selected and the individuals performance is compared to this standard, a decision must be made if the discrepancy is large enough to be significant.Determining Significance of DiscrepancyThe term significance refers to the importance of the difference. This is the so what about the discrepancy/difference in performance. 59

DiscrepancySignificance of Discrepancy SummaryRPull out EER example and look at how the first question under the table is answered.

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Uniqueness specifically refers to a comparison with local peersANDComparing the individual to others with similar experiencesWhat does it mean to be unique?Making a decision about uniqueness refers to a comparison to local peers with similar experiences.61Smaller comparable (same experiences) subgroupClassroom peer grade level within the same buildingGrade level within the same buildingGrade level within the same district Preferred Comparisons(Rank Ordered)The closer the comparison group is to the individual, the stronger the case and conclusions can be more confident and defensible.62Discrepant vs. UniqueDiscrepantDiscrepancy can be determined compared to any standard, including; national standards, benchmarks, etc.Ex. DIBELS score is in the Well-below Benchmark rangeUniqueUniqueness specifically refers to a comparison with local peers.Comparing the student to others with similar experiences

Ex. DIBELS score is below the other 3 students in the group.

What are some reasons a student might be discrepant besides a disability? Lack of instruction Attendance Moves Behavior concern Curriculum in the district Language acquisition

Uniqueness allows us to further consider discrepancy by helping account for some differences in student performance that are indicative of other concerns, such as lack of instruction or district curriculum.63Approaching, At or Above StandardBelow StandardIn the average range of peer performanceStudent is not discrepant and not uniqueStudent is discrepant but not uniqueWell Below the Average Range of Peer PerformanceStudent is not discrepant but is uniqueStudent is discrepant and uniqueDiscrepant vs. UniqueIf we think back before we considered unique, we basically only compared the student to the school in which they lived. By considering uniqueness, we take into account the curriculum, instruction and environment by also considering if the concern is likely a result to due to a problem with core instruction throughout the school. If the student is similar to a large group of students in their grade, then likely they do not have a disability, but rather fall into an instructional group that general education programming needs to address by having a continuum of support available.

Its easy to consider the students in both the first and fourth quadrants. We know when students are not discrepant or unique and we know when they are both discrepant and unique it is typically obvious that these students have great needs. However, if we dont consider uniqueness as well as discrepancy, students may fall into either the 2nd or 3rd quadrant and may be wrongly determined to have a disability.

Consider the student who lives in a high-performing district. They may look quite unique from their peers when they are referred for services. However, when we take a closer look, we realize that the student is meeting performance expectations on district-wide assessments such as the ITBS or DIBELS benchmarks. Because other students in the district are so high-performing, the student is unique; however, he is not discrepant.

Or, consider the student who lives in a low-performing district. The student is performing below expectations on district-wide assessments but when you begin to compare her with grade-level peers you realize that she is not different from other students in her class. There are 5 other students whose skills are similar to hers. She is discrepant but not unique. Likely, there is a larger problem in the school with their core instruction that needs to be addressed.

Have participants think of examples of students who fit in each box of the chart. Discrepant but not unique. Unique but not discrepant. Etc.

64Lukas scored at the 8th NPR on the ITBS. Over 80% of same grade peers scored above the 51st NPR.Dylan is at a Level C in Guided Reading. The expectation at this time of year is for him to be at a Level H.Do These Data Reflect Discrepancy? Uniqueness?Lets take some time to think about what specific data inform. These examples either provide discrepancy information or uniqueness data. Some would inform both. You cant make a discrepancy decision based on one piece of data but we can determine what these data tell us.

Both This provides a comparison to a national norm (8th percentile) (discrepancy). and to local peers (most scored above the 51st percentile) (uniqueness).

Discrepancy only This provides a comparison to a broad standard kids at this time of year are expected to be at Level H (discrepancy). It doesnt provide a comparison to local peers (uniqueness). We dont know if his performance is unique when compared to kids in the same setting. Are most other kids at level H? Or are most other kids at Level B? 65Claire scored in the at risk range on her last DIBELS benchmark.Nick blurts out an average of 15 times/hr. Classroom peers blurt out 2 or fewer times/hr.Allen retells 9 words after reading a passage. 85% of peers retell at least 25 words. Do These Data Reflect Discrepancy? Uniqueness?C. Discrepancy only provides comparison to broad standard (discrepancy) but not to local peers (uniqueness).

D. Unique yes, Discrepant, maybe This one could generate conversation. This provides comparison to broad standard. Professionally, we know that 15 blurt outs/hour is a lot and a comparison to local peers in the same setting. More information would be helpfulHow old is Nick? How many classroom peers was he compared to, and how were they chosen?

E. Uniqueness only Doesnt provide comparison to a broad norm or standard (discrepancy) It does provide a comparison to local peers (uniqueness).

66Elements of AnalysisWhen analyzing data to determine individual needs, there are three areas to examine and questions to answer. Is the magnitude of the discrepancy significant big enough to indicate a disability?If so, what are the functional implications so what? What does that mean in terms of the individuals ability to learn and function in the educational setting?Then, is the individual unique from his/her peers?

In order to answer these questions, quantitative as well as qualitative, descriptive data area used. The combination of all these data allows us to determine individual needs.67

DiscrepancyUniquenessRPull out EER example and look at how the last question on the discrepancy page is answered. Look at question #2 on the Reevalaution Question Guide.

68Determining Educational NeedsOne purpose of evaluating eligibility is to determine specific educational needs based on dataConsideration is given to the range of services and supports within the integrated educational systemEvery Student in School Has Educational NeedsThe needs component of the evaluation is intended to identify ALL the educational needs of the individual whether or not those needs exceed capacity and obligation of the general education program. Do not filter needs - identify all of them and consider the range of services available in the education system.70During evaluation we also determine which needs (if any) are a result of the individuals disability.Needs resulting from a disability may be addressed through delivery of special education services and supports.

Needs During EvaluationIf the need is a result of a disability, the need may be addressed through general education. However, when the need exceeds the capacity and obligation of general education, then the services will be provided by special education services and supports.

It is the responsibility of each LEA to provide additional supports to students who have an educational need. Because they are receiving these supports does not mean that a student is automatically entitled to SPED services. 71

NeedsRLook at the blank EER and/or the Page R question #372Needs are determined by analyzing information collected regarding the individuals progress data, discrepancy data, and exclusionary factors.

Needs are determined by analyzing data collected during the evaluation process.

The evidence that supports the identified instructional needs comes primarily from the progress and discrepancy sections of the EER. There may be additional relevant data that are pertinent to the Needs section that are not specifically contained in the Progress and Discrepancy sections. This information may be added to the Needs section to help identify all the educational needs of the individual. The Needs section does not require additional assessment questions and data gathering. Rather, determinations of need are made utilizing all the evaluation information that was gathered to address other components (progress and discrepancy).

It is not just copying and pasting information from other parts. It is interpreting and analyzing information in a different light to identify educational needs. Here you describe in a more summative method the instructional educational needs of the student individual. 73Adapted from AEA Special Education Procedures Manual; p. 47, July, 2011ReviewInterviewObservationsTest/Tasks

InstructionCurriculum EnvironmentLearning SupportsStatement of Individuals Educational NeedsData Collection MethodsComponentsThis visual adapted from the SE Procedures Manual - represents the analysis which is conducted during an FIE to determine the individuals educational needs. The data collection methods of RIOT are used to assess ICE and (possibly L). These data are then analyzed to determine the individuals educational needs.74ICEL & RIOTInstruction: How content is taughtCurriculum: What content is taughtEnvironment: Context/Conditions for learningLearning Supports: Other supports needed by the learnerReview: existing informationInterview: parents, teachers, individualObserve: individual during instructionTest/Task: assess the individuals skills

LEAST TO MOST INTRUSIVE11/19/2008Polishing Our PracticeRefer to poster as a reminder throughout the evaluation process. There is also a completed matrix of ICEL & RIOT in the AEA Special Education Procedures Manual on pages 58 & 59. 1. What are the individuals needs in the areas of instruction, curriculum, and environment?

2. What are the instructional strategies, accommodations, and modifications that enable the individuals learning performance to improve?

Questions to Guide Analysis.AEA Special Education Procedures Manual (July, 2011) p.48Guiding Questions: These are listed on page 42 of your portfolio and are captured on the next 3 slides.These can be used as assessment questions through RIOT methods. Example: interviewing of teachers, etc. This can be useful to use from the beginning of the FIE process rather than later. Remember asking the right questions is done throughout the evaluation process and is not linear in nature.

These are meant to guide your analysis of needs. Here we are identifying ALL needs of the individual and NOT to determine how they are identified just determining which needs may require special education.763. What accommodations and modifications were provided which enhanced the individuals performance and allowed opportunity to acquire educationally relevant skills?

Questions to Guide AnalysisAEA Special Education Procedures Manual (July, 2011) p.484. What, if any, ecological variables are related to the individuals needs and potentially contribute to the interventions, accommodations or modifications not enhancing the individuals performance?

Questions to Guide AnalysisAEA Special Education Procedures Manual (July, 2011) p.485. What is the pervasiveness of the area of concern across settings and time?

6. What ongoing, substantial, additional services are needed that exceed the capacity of general education resources alone?

Questions to Guide Analysis.AEA Special Education Procedures Manual (July, 2011) p.48Interventions that have been found to not be effective would be discussed during the progress section.

Capacity and obligation will be discussed in detail later in this section.

79Definition: Instructional strategies and methods that enable learning; reinforcement/motivational strategies

Methodology: Instructionhow we want individuals to be instructed that has the highest probability of enhanced learning outcomes how the individual should be taught

Component: InstructionThe language of methodology comes from the general education section of the Iowa Code Chapter 218. We are talking about ensuring students have access to Core, Supplemental, Intensified opportunities and to provide opportunities for a variety of instructional strategies to discover how best to be taught.

80Does the individual require instruction from someone with specialized preparation or training?

Does the individual require instruction that includes frequent repetitions of key concepts?

Instruction: Example Analysis QuestionsAEA Special Education Procedures Manual (July, 2011) p.48These are just two of many questions that can be asked to filter down to the critical needs of the individual in the area of Instruction.

81What does the convergence of data indicate the individual requires, in the area of instruction, in order to make progress and narrow the gap between where he/she is functioning and the standard or expectation of performance?

Instruction Need QuestionThe answer to this question is what the individual NEEDS in the area/component of instruction.

82Definition: Content of instruction, specific skills and concepts the individual needs to learn

Content: Curriculumwhat individuals need to know what they can and cannot dothe things that need to be taught

Component: CurriculumThe language of content comes from the general education section of the Iowa Code Chapter 218. We are talking about ensuring all students are provided opportunities for skill development.

83Does the individual require alternative textbooks (digital media, alternative accessible media) or instructional materials?

Does the individual require curriculum at a different or extended grade level?

Curriculum: Example Analysis QuestionsAEA Special Education Procedures Manual (July, 2011) p.48These are just two of many questions that can be asked to filter down to the critical needs of the individual in the area of curriculum.

84What does the convergence of data indicate the individual requires, in the area of curriculum, in order to make progress and narrow the gap between where he/she is functioning and the standard or expectation of performance?

Curriculum Need QuestionDefinition: Adaptations to procedures, schedules, routines, behavioral expectations, room or seating arrangements, adaptive supports

Delivery of Instruction: Instruction/Environmentboth how to teach and the environmental structures or conditions required to get it done group size, opportunity for feedback, teacher to student ratio, reinforcement schedule, use of technology, etc. would all be in play

Component: EnvironmentThe language of delivery of instruction comes from the general education section of the Iowa Code Chapter 218. We are talking about ensuring students are provided the instruction needed to deliver the curriculum and the environment needed to facilitate delivery. 86Does the individual require a distraction free environment or a ratio with fewer students to teacher?

Does the individual require visual supports?

Environment: Example Analysis QuestionsAEA Special Education Procedures Manual (July, 2011) p.48These are just two of many questions that can be asked to filter down to the critical needs of the individual in the area of environment.

87What does the convergence of data indicate the individual requires, in the area of environment, in order to make progress and narrow the gap between where he/she is functioning and the standard or expectation of performance?

Environment Need QuestionDefinition:additional adaptations or supports such as outside resources (parents, community agencies and/or services, medical services, etc.) which are needed in order for the individual to progress educationallyComponent:(Additional) Learning SupportsNeeds identified in the Additional Learning Supports section would contain needs that are in addition to the ones identified for the educational setting under ICE.89Does the individual require supports from community service agencies in order to facilitate transition to post-secondary life?

Are there needed supports that parents could provide which also facilitate learning?Learning Supports: Example Analysis QuestionsThese are just two of many questions that can be asked to filter down to the critical needs of the individual in the area of Learning Supports.

The needs section is intended to identify the needs of the individual, not other people who support the individual such as the parent.Example - the need statement for a question like the second one above could be stated: Tom needs additional opportunities to practice the skill of (fill in the blank) outside of the educational setting, such as at home. Non-example: Parents need to practice with Tom at home.

90What does the convergence of data indicate the individual requires, in the area of additional learning supports, in order to make progress and narrow the gap between where he/she is functioning and the standard or expectation of performance?

(Additional) Learning Support Need QuestionIndividually, read the document entitled, Educational Needs (Needs for Specially Designed Instruction) written by Randy Allison (2010)As a table group discuss: How does this document impact work with students? Needs for Specially Designed Instruction(Trim if needed) (Point out that the article is in the portfolio)On pages 45 & 46 of participant portfolio, read the article by Randy Allison.

Key points for discussion:

We provide SPED services ONLY when there is a combination of Educational NEED and a Disability Co-exist based on the presence of a DISABILITY. Eligibility is decided at the eligibility determination meeting, NOT within the EER. References to Specially Designed Instruction should not be made within the EER. However, the Needs section does ask which needs, if any, exceed the capacity and obligation of the general education program and resources.It is the responsibility of each LEA to provide additional supports to students who have an educational need. Because they are receiving these supports does not mean that a student is automatically entitled to SPED services. To determine eligibility it is based on multiple measures of information to describe the need and disability. Because the performance is significantly discrepant it affects accessing curriculum & interpersonal relationships. SPED allows student to access specially designed instruction within any environment.92Which of the identified needs, if any, will require services and supports that exceed the capacity and obligation of the general education program and resources?Capacity considerations: group size, minutes of instruction, intensification of curricular materials, motivational strategies required for student to make progress, specificity of the instruction (direct instruction as opposed to discovery learning)

Obligation: comes from the codeJan 2010 additionGen Ed program is obligated to provide additional supports that children need. In addition to core instruction students may need supplemental or intensive instruction support.

93Group sizeMinutes of instructionIntensification of and focus of curricular materials Capacity ConsiderationsMotivational strategiesSpecificity of the instruction (direct instruction as opposed to discovery learning)Opportunities to respond and practice with feedback

Determining when the needs of an individual exceed the CAPACITY of the general education program and resources is somewhat of judgment call, but is done by carefully analyzing the evaluation information from other sections of the EER and seeing where the mismatches are between what the individual needs and what the general educational system is able to provide to all individuals who may need additional support.

Can you think of other considerations?9441.111(2) High-quality general education instruction; general education interventions.a. As a component of efficient and effective, high-quality general education instruction, it shall be the responsibility of the general education program of each LEA to provide additional support and assistance to all students who may need such additional support and assistance to attain the educational standards of the LEA applicable to all children.Obligation: From the CodeThis was added to the Iowa Code in 2010. Remember: Special education is not a place. It is a set of resources and services. When students have particular needs, they shouldnt have to leave General Education UNTIL it has been demonstrated those needs have not been met through General Education and supportive services.

OBLIGATION refers to the LEAs responsibility to provide all individuals with the additional support and assistance they may need. This additional support and assistance is within the context of providing viable core instruction as well as access to high quality supplemental and intensified tiers of instruction and support.95

NeedsLook at EER examples.96whether or not interventions require special education resources=ProgressDiscrepancyNeeds+=Eligibility Decision+what and how to teachif the individual is different from standards and unique compared to peershow the individual responds to interventionEligibility DecisionRectangle = reminder that within the Eligibility decision formula, the area of need essentially identifies what needs to be taught and how and whether or not the needs exceed the capacity and obligation of the general education program and resources.

Access & OpportunityExclusionary FactorsEcological Factors98

Access & Opportunity(Individual Information Page, part a)RAsk participants to pull out their blank EER. Look at the question on the bottom of page 2 related to access and opportunity. Give them a minute to read the question.

For those looking at IEP Page R, this is covered in question #5.

99Was instruction available?Was the individual available to receive instruction?Was the instruction appropriate and was core sufficient?Access & Opportunity There are three pieces to considering whether the child had access to and opportunity for appropriate instruction.Was instruction available? In order to be able to say that appropriate instruction was available, the educational system needs to have viable core instruction, as well as appropriate supplemental and/or intensive instruction for individuals who require additional assistance and support. For EC and support services, it is more difficult to determine whether or not appropriate instruction was available, and if the individuals difficulty is primarily due to a disability or not having appropriate instruction available.For example, a 3-year old who has never had instruction or prior experiences in fine motor skills may not have those skills, and it may be due to lack of instruction rather than a disability.

Was the student available? Significant attendance issues affect access and opportunity but may also rise to the level of being an ecological factor and perhaps even an exclusionary factor.

Was the instruction appropriate and was core sufficient? For EC, think about whether it was developmentally appropriate.

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Access & Opportunity(Individual Information Page, part a)RAsk participants to look at the EER/ IEP Page R question #5 example101

Exclusionary Factors(Individual Information Page, part b)RAsk participants to pull out their blank EER. Look at the question on the bottom of page 2 related to exclusionary factors. Give them a minute to read the question.Clarify that the next few slides will address exclusionary factors.

For those looking at IEP Page R, this is covered in question #5.

102Exclusionary FactorsLack of appropriate instruction in readingLack of appropriate instruction in mathLimited English ProficiencyEcological FactorsCultural Environmental or economic disadvantage According to the Rules of Special Education and Special Education Procedures manual, each of these factors are to be explored in the eligibility determination process.

Exclusionary factors are only a consideration as long as the student has not had access to curriculum and appropriate instruction, and has not had the opportunity to learn. Once access and opportunity have been provided, they are no longer exclusionary factors.

Exclusionary Factors are the three contained in IDEA and automatically exclude individuals from eligibility if in play. Examples: Illness limiting school attendance which lead to lack of access and opportunity, English language learner.

Ecological Factors are additional considerations to determine if an individuals difficulty is primarily due to a disability or due to factors outside of the individual (culture/environmental/cultural factors). Example: lack of similar opportunity to learn due to cultural differences. Ecological Factors will be further addressed a little later in this presentation.103The Purpose of Considering Exclusionary FactorsExamination of exclusionary factors assures that students are not identified as disabled because:

they have not had access to the curriculum and appropriate instruction as well as the opportunity to learn.

104For the purpose of eligibility determination, the potential impact of exclusionary factors is examined after all other evaluation data has been analyzed (progress, discrepancy, need).Exclusionary Factors: ContextFrom an efficiency standpoint: Relevant data has likely already been collected and reviewed. In making the higher stakes eligibility decision, more data and further discussion may be required.

However, these factors may have already been given consideration during the problem analysis conducted during general education interventions and may have been taken into account in the disability suspected process.

Additionally, evaluation data from the components of Progress, Discrepancy and Need are used to consider the exclusionary factors.105orthey have been affected by a circumstance that is clearly not a disabling condition (e.g., limited English proficiency).

Exclusionary Factors: Context (continued)Lack of Appropriate InstructionThe best test of whether or not lack of instruction is a causative factor is to implement instruction systematically and evaluate its effect.

Iowa Special Education Procedures Manual, 2010

107Lack of instruction is not a likely exclusionary factor if:Most students benefit from core instructionMost students who need it benefit from supplemental instructionInterventions matched to needs have been provided to the individualLack Of Appropriate Instruction: System ApproachFirst step is to gather and review data regarding core instruction and interventions.Rules and regulations specify that for reading appropriate includes the five essential components. Appropriate instruction in reading includes the essential components of reading instruction, as defined in the Elementary and Secondary Education Act. These components are: phonological awareness, phonics, fluency, vocabulary, and comprehension.

In the reading you just did, remember that it said appropriate instruction in math includes the essential concepts and skills. Essential concepts and skills is language from the Iowa Core. You can access that online to see more specifics. There are also guidelines for EC that are listed in the Early Learning Standards.

108Lack Of Appropriate Instruction: Individual ApproachImplement appropriate instruction systematically and evaluate its effectIf the individuals performance improves to the point that short-term intervention will result in performance consistent with grade level expectations, then the individual cannot be determined disabled.Would this be true of all interventions we apply?

What about when the student doesnt improve? May be disabled or instruction may not be appropriate.

Sometimes the interventions we apply are beyond the capacity and obligation of general ed interventions (e.g. gen ed teacher will work with student 45 minutes a day one on one)109Evaluate the appropriateness of tiered instruction provided to the individual

Evaluate the instruction provided to judge the match to the individuals needs and the degree of implementation integrityLack Of Appropriate Instruction: Individual ApproachThe issue of attendance is also considered under lack of appropriate instruction. In addition to evaluating the instruction itself, it is also important to evaluate the individuals access to the instruction in order to determine whether or not there was a lack of instruction. In order to evaluate the effect of attendance on access to instruction, consider this: the degree of attendance as a factor. Then knowing that, consider if that degree of attendance is a primary reason for limited access to instruction or if it would be considered an ecological factor. If it is a primary reason for limited access, it would also need to be determined if it is a primary reason for the individuals difficulty.110Smartypants School District boasts 90% of students meeting state expectations in math.80% of students are Caucasian; 12% are Hispanic; and 8% are African American.66% of Hispanic students do not meet state expectations in math. A Hispanic student is being evaluated for academic concerns, including math. The individual did not meet state expectations in math.Table Activity: The FactsThis is also in your Participant Portfolio. Here are the facts about Smartypants School District. Take a moment to look these over.111Given the information on Smartypants School District, is the individual being evaluated unique when compared to setting peers?Is the individual being evaluated unique when compared to peers with similar experiences?With regard to the individual being evaluated, is lack of appropriate instruction an exclusionary factor?Table Activity: The Questions(Activity should take about 5 minutes.) Ask the table groups to read the info and discuss the answers to the questions. Review in the large group.

Question #1: The information would indicate the student is unique from setting peers.

Question #2: The information would indicate the student is not unique from peers with similar experiences (Hiispanic students in Smartypants School District).

Question #3: Since 66% of Hispanic students have not met state expectations, the current core instruction does not appear to match the instructional needs of that particular subgroup. One could make the case that there has been a lack of appropriate instruction for this group of students and that based on the data, lack of appropriate instruction is an exclusionary factor.112Limited English ProficiencyLimited English Proficiency (LEP)a student's language background is in a language other than English, and the student's proficiency in English is such that the probability of the student's academic success in an English-only classroom is below that of an academically successful peer with an English language background.

Iowa Code Section 280.4

Limited English Proficient (LEP) students are also known as English Language Learners (ELL).

We know that those districts and teams that have dealt with these issues over a number of years may have heard the information in this section. For those that have not had that opportunity, we feel the information may be important to build a base knowledge of the issues involved.

You may want to survey the participants. How many of you have had the opportunity to work on teams that have had more than 20 cases that have had to deal with Limited English Proficiency as part of their decision making?114In the course of normal second language acquisition, a student may not be able to perceive or pronounce certain sounds that do not exist in his or her first language. This is not a learning, speech, or hearing disorder. It may take a long time for a student to learn English well enough to participate fully in an all-English-language mainstream classroom.

LEP: Key PointsLack of English proficiency does not in itself qualify a student for or prevent a student from receiving Special Education services.

115The context in which decisions are made includes the consideration of linguistic variables unique to the individual.If an individual students performance does not fall below the expectations of peers with similar linguistic backgrounds, the students needs are not likely due to a disability requiring special education.DecisionsNote the areas of emphasis which are key in determining if a student with Limited English Proficiency is truly disabled. This relates to the previous activity in collecting data (RIOT) that answers the question: How is the students performance when compared to others of like linguistic backgrounds?

Revisit the answers to reinforce this key concept.

Key resources in determining if the student's performance is comparable to others with similar linguistic background are colleagues with experience in serving or teaching students with LEP. You may have to call an AEA staff member and/or teacher who has a number of years of experience in a district that serves a high population of students with LEP. Thats what new teachers in those districts have to do when they are wondering if students with LEP are progressing at an appropriate rate.

If it is determined that the child's performance is primarily a function of limited English proficiency, the team will document this conclusion on the EER. At the Eligibility Determination meeting the exclusionary factors will be discussed and the student will be determined not eligible for special education services.As stated earlier, for the purpose of eligibility determination, the potential impact of exclusionary factors is examined after the evaluation is completed.

However, these factors may have already been given consideration during the problem analysis conducted during general education interventions and may have been taken into account in the disability suspected process.

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Exclusionary Factors(Individual Information Page, part b)RAsk participants to look at the sample EER. Look at the questions on the bottom of page 2 related to exclusionary factors. For those looking at IEP Page R, this is covered in question #5.

117Ecological FactorsCultural factors may include:a cultural background that is different from the culture of the school or community, fewer non-school opportunities, limited experience in the culture of the school, and limited involvement in organizations or activities of any culture.Considerations of CultureAdapted from the Texas Education AgencyThis information will more likely be gathered through various interviews and exploring the educational and cultural background of the individual and family.119Environmental disadvantage may include: homelessness, abuse, poor nutrition, limited experiential background, home responsibilities that interfere with the opportunity to develop study habits and participate in school-related activities, disruption in family life, stress, trauma, or lack of emotional support.

Considerations of EnvironmentAdapted from the Texas Education AgencyThis information will more likely be gathered through various interviews and exploring the educational and cultural background of the individual and family.

120Economic disadvantage impacting school performance may include an inability on the part of the family to afford enrichment materials or experiences.Considerations of Economic Disadvantage

Adapted from the Texas Education AgencyThis information will more likely be gathered through interviews with the parent, if possible, and others working with the individual and/or family.

121When one or more of these factors may interfere with the opportunity to engage in and benefit from instruction:Determine the skills the student lacks and needs to learnImplement supplemental or intensive instruction/ interventionMonitor student progress

Considering Ecological FactorsFor EC we have discussed culture, environment and disadvantage. When moving from Part C to Part B sometimes we may have students eligible under Part C who may not meet eligibility requirements under Part B.

122Eligibility Decision-Makingwhether or not interventions require special education resources=ProgressDiscrepancyNeeds+=Eligibility Decision+what and how to teachif the individual is different from standards and unique compared to peershow the individual responds to interventionEligibility DecisionDisabilityNeed1st Rectangle = that in order to determine a disability, both progress and discrepancy data need to meet eligibility standards.

2nd Rectangle = in order to be determined eligible, educational needs must exceed the capacity and obligation of the general education program and resources.

DISABILITY and NEED together determines ELIGIBILITY The presence of a disability does not necessarily equate to the need for special education services.Disability Special EducationBoth part of the equation, disability and need for special education support and related services must exist in order for a student to be eligible for special education services. 125If needs are a result of an educational disability, team may meet needs using:Special education resourcesGeneral education resourcesDecision-MakingResults of FIE and EER need to align with plans to address curriculum, instruction, and environmentIf needs are a result of an educational disability, team may meet needs using:Special education resourcesGeneral education resources

Some SPED resources to access (include, but are not limited to):Co-teaching environment; PT or OTconsultative or direct; adaptive physical education

GEN Ed resources to be accessed if not eligible for SPED (include, but are not limited to):Title 1 services; 504 plan (if a disability is present); reading recovery; support with an at-risk teacher; use of mentor or volunteer; counseling support126If needs are not a result of an educational disability, team must determine how the individuals needs will be met using general education resources.

Decision-MakingIf needs are not a result of an educational disability, team must determine how students needs will be met using general education resources

127Which of the identified needs, if any, will require services and supports that exceed the capacity and obligation of the general education program and resources?

Capacity considerations: group size, minutes of instruction, intensification of curricular materials, motivational strategies required for student to make progress, specificity of the instruction (direct instruction as opposed to discovery learning)

Obligation: comes from the codeJan 2010 additionGen Ed program is obligated to provide additional supports that children need. In addition to core instruction students may need supplemental or intensive instruction support.

128Does Not Demonstrate a DisabilityDemonstrates a DisabilityDoes Not Demonstrate Need

Demonstrates NeedGeneralEducationServicesGeneral Education ServicesWith or Without 504AccommodationsGeneral Education Services with Additional SupportsSpecial EducationServices and SupportsRemember that as we make distinctions, exclusionary factors assist us in the identifying whether or not an individual has a disability and a need.When data are sufficient to indicate a disability or the lack of a disability, and educational needs, the educational team is able to make a decision regarding the eligibility decision.The Data Are SufficientWhen the analysis of the progress, discrepancy and need data are sufficient, then decision-making can occur. The EER blueprint guides the educational teams documentation and decision regarding eligibility.130When the data are insufficient for decision-making, the educational team has the professional obligation to indicate the data are insufficient, therefore the individual isnot eligible.The Data Are InsufficientDavid Happe says, Dont put yourself in this situation!

It would be inappropriate to say that the student is disabled!!

There may be times when the data informs us that the intervention was not implemented with integrity or the data was not collected frequently (or other reasons for insufficient data). It would be inappropriate to say that the student is disabled!! The default decision the do no harm - is not to say the student is disabled the default is that the student is NOT eligible because the data does not support the presence of a disability. 131There may be times when evaluation data are sufficient, but are inconclusive to make a decision. In this situation, the educational team has the obligation to indicate the data are inconclusive for decision-making.The Data Are InconclusiveSoInconclusive data are typically the result of a lack of convergence. There may be a sufficient amount of data, but the data need to converge in a direction of being able to make conclusive and defensible decisions.

This may be a very difficult decision to reach, however, this is a serious civil rights, professional, and ethical decision to make. Pressure may come from some members of the eligibility determination team to make the student eligible. If the data indicate the student has a disability and is in need of special education services, then yes the student is eligible. However, if the data are inconclusive, then other steps will need to be taken by the educational team to meet the students needs.132If during the evaluation the data suggest a need for continuing with data collection, the team may seek an additional consent from the parent to continue.Seek Another ConsentThere may be times when the educational team is gathering data during the evaluation period.

If the evaluation data are either insufficient or inconclusive, the team may seek another consent for a FIE to be able to extend the data collection process. In this event, the original evaluation is concluded, an EER written and an eligibility determination meeting held with a Prior Written Notice provided summarizing that the individual is not eligible.133In this event, the original evaluation is concluded, an EER written, andan eligibility determination meeting held with a Prior Written Notice provided summarizing that the individual is not eligible.

When This Happens134Three conditions where the evaluation could be different:

Medical or Health ConditionSudden Status ChangeObvious and Immediate Need for Service and Support

Rare & Unusual CircumstancesMedical or Health issues (i.e., physical disabilities, medically fragile, health condition adversely affecting educational performance, etc.)Sudden Status Change (i.e., brain injury)Obvious and Immediate Need for Service and Support (i.e., student who was not previously identified and moves into new environment, student who becomes a significant behavior problem)

If we know the student has a medical issue one of these conditions we dont have to be as rigorous in the progress evaluation to prove the student has a need. So, we are projecting the students need, rather than validating the student need.

135In these cases, the documentation on the EER would provide statements about the impact of the individuals condition on educational performance.Documenting Rare & Unusual Circumstances on the EERIn rare and unusual cases, educational teams may not have intervention data and it may not be needed in order for the team to determine that the child has a disability. In such cases the evaluation team should document in the Educational Evaluation Report the reasons it believes the health, sensory or physical limitation will have an impact on the progress of the student in the Educational Progress section.

We would be making statements about the impact of their condition on their educational performance. Obviously, this is where professional judgment will be important. In this situation, actual RtI data are not required.136Child Find is a serious civil rights issue. Dr. Marty Ikeda, 2010Conclusion: High Stakes Decision

We spend time thoroughly understanding the Child Find process to protect the civil rights issues for all students. 137