Making Special Education Eligibility Decisions

Presented by: Lizette Fernandez

Welcome • Everybody stand up

– Raise your hand if you are an ESE Teacher

– Raise your hand if you write and/or participate in IEP meetings

– Raise your hand if you teach Primary (K-6)

– Raise your hand if you teach Secondary (7-12)

Those participants who have been teaching for more than 5 years may remain

standing

Those participants who have been teaching for more than 10 years may remain standing

Those participants who have been teaching for more than 20 years may remain standing

Presentation Objectives Provide steps and responsibilities to determining eligibility for Special Education.

Understand the goal of special education

Understand the process for determining eligibility

Identify legal requirements of an individual education plan.

Identify responsibilities of general education and special education teachers for providing appropriate instruction to students with disabilities.

Special

Education

Law

The Individuals

with Disabilities

Education Act (IDEA)

(IDEA) lists 13 categories of special education each with

its own detailed requirements.

Special education pertains to student's aged 3-22 who attend a

PUBLIC INSTITUTION.

Official List of Disabilities (under ADA, IDEA and Section 504 of the Rehabilitation Act)

• Autism

Autism Spectrum Disorder (ASD)

• Intellectual Disabilities (InD)

• Specific Learning Disability (SLD)

• Emotional Disturbance

Emotional/Behavioral Disability (EBD)

• Traumatic Brain Injury (TBI)

• Speech or Language Impairments (SI) (LI)

• Orthopedic Impairments (OI)

• Visual Impairment, including blindness(VI)

• Other Health Impairments (OHI)

• Deaf-Blindness

• Deafness and Hearing Impairment

Deaf or Hard-of-Hearing (DHH)

• Multiple Disabilities

• Developmental Delay (DD)

IDEA includes 13 primary terms under the main definition of “a child

with a disability.” These federal definitions guide how states define who is eligible for a free appropriate public education under special education

law.

High and Low-Incidence U.S. Department of Education,

Office of Special Education Program

High Incidence

About 80% of all Students with Disabilities, ages 6-21

• Specific learning disabilities – 49.2%

• Speech or language impairments – 18.6%

• Intellectual disabilities – 10.3%

• Emotional disturbance – 8.1%

Students with high-incidence disabilities make up 80% of all students with disabilities. Friend and Bursuck (2012) say students with High-Incidence disabilities share these characteristics: Often hard to distinguish from students without disabilities, especially in non-school settings. Often display a combination of academic, behavioral and social problems. Can meet same standards as students without disabilities when highly structured interventions are put into place. .

High and Low-Incidence U.S. Department of Education, Office of Special Education Program

Low Incidence

Deaf-blindness – 0.03%

Traumatic brain

injury – 0.37%

Visual impairments

– 0.43%

Developmental delay – 1.09%

Orthopedic impairments –

1.1%

Hearing impairments –

1.2%

Multiple disabilities

– 2.2%

Other health impairments

– 7.5%

Autism – 2.3%

Low Incidence

Students with low-incidence disabilities make up 20% of all students with disabilities. Friend and Bursuck (2012) say students with low-incidence disabilities: have received some type of special education service since birth need the same attention as students without disabilities includes students with moderate to severe intellectual disabilities (IQ < 50) may have a developmental delay

My Life With a Learning Disability

How does the law define a “child with a disability?”

The term “a child with a disability” means: A child evaluated according to IDEA as having 1 or more 13

disabilities

and

Who, by reason thereof, needs special education and related services.

Determining Special Education

Eligibility

Criteria states that to qualify for special education

services:

a child must have one of the

13 disabilities as defined by IDEA

AND

the impact of the disability must

create a need for services.

Establishing Educational Need for Special Education

• Having one or more of the disabilities specified by IDEA

• Student must experience a lack of academic/behavioral success

• The presence of a discrepancy alone does not establish need

• If a child’s performance is NOT hindered by their disability, they may not qualify for services, even if they have one of the

thirteen disabilities.

Examples of adverse impacts include:

A discrepancy between

performance and ability

Limited progress, or deficiency in cognitive areas

Problems with fine or gross motor skills.

For example, if a child is developmentally and chronologically ten years old but continues to read at a first grade level, the adverse effect would be a limited progression in reading.

WHAT IS THE GOAL of SPECIAL EDUCATION?

Special education makes it possible for a child to achieve academic success in the least restrictive

environment despite their disability.

The federal law governing the system is called the

Individuals with Disabilities Education Act or IDEA

IDEA entitles all children with learning disabilities to a free appropriate education

FAPE

If a child is struggling in

school, having social or

behavioral problems

If you (parent, teacher) suspect that a child may

have one of the 13 categories of

special education

An evaluation may be requested

to determine eligibility for ESE.

Some school districts request that you meet

with your school's student study

team (SST) before conducting an

evaluation.

HOW TO GET STARTED?

The Multidisciplinary Team

Student

if appropriate

Student's parents

General education teacher &

Special education teacher

Representative of the school

administration LEA

School psychologist

Other pertinent qualified individuals who can

interpret the instructional implications of evaluation

results

A representative of the local educational agency LEA- Must be Qualified to provide or supervise special education

Knowledgeable about the general education curriculum Knowledgeable about the availability of LEA resources

Responsibilities of the MDT

•Collect, Assemble, Evaluate DATA

• to determine whether a student meets eligibility for any of the official disabilities set forth in IDEA and state law

Eligibility Process

Procedural Safeguards

Valid Assessments

Team Process

Procedural Safeguards

Provide students and their

parents the right to full

and meaningful participatio

n in the evaluation

process

1 Provide notice to parents

ANYTIME their child’s education program is

discussed so parents can

participate in a meaningful

way.

2

Invite parents to participate in meetings to develop their child’s educational

program

3

Secure parental

consent prior to initiating evaluations

of their child ’or placing

their child in an

educational program

4

Allow parents the opportunity to examine

their child’s

educational records

5

Permit parents to obtain an

independent evaluation at public expense if the parent

disagree with the schools

evaluation

Valid Assessments

Administered in the child’s native language or other mode of communication

Not racially or culturally

discriminatory

Assess the relative contribution of cognitive and

behavioral factors

Tailored to assess specific areas of educational needs

Relevant to determine the educational needs

of the student

Reflects the child’s aptitude or

achievement level

Team Process Determines if the student is a child with a disability

Reviews existing data and determine if

additional information is needed

Prepares an evaluation report

Gathers any additional data and ensure that

all information is documented

Problems in Determining Special Education Eligibility

Prevalent belief that special education services are for students who could

benefit from them.

There is a sense of entitlement

The definitions treat the disabilities as thought they were

discrete categories

Federal regulations are frequently imprecise

Problems Parents may often

prefer the label associated with one

disability over the one associated with other

The federal law, IDEA, requires that:

• Students with disabilities who meet the criteria of one or more categories of disability specified in law and who need special education services must have an IEP.

• The IEP must be reviewed at least annually and revised as necessary.

IEP •The Individual Educational Plan is the primary vehicle for communicating the school district’s commitment to addressing the unique educational needs of a student with a disability.

Developing Quality Individual Educational Plans

26

A reference for all who participate in the IEP process

Required and suggested practices for IEP development and documentation

What is a Quality IEP?

27

A Quality

IEP:

Is in compliance with all

requirements of federal (IDEA),

state (FL Statutes), and district

policies, procedures and

regulations

Reflects decisions based

on active and meaningful

involvement of members of the

IEP team

Provides a clear understanding of :

•Student educational needs and expected outcomes

•Special education services and supports

FEDERAL •IDEA

STATE • FLORIDA STATUTES

• FLORIDA ADMINISTRATIVE CODE

DISTRICT

• ESE Special Programs & Procedures (SP&P)

• LEA Handbook

Federal – State – District Law

29

IEP Components

Special Education Services and Supports

Measurable Annual Goals Benchmarks (if applicable)

Present Levels of Academic Achievement and Functional Performance

In a quality IEP, all components are clearly aligned.

MTSS Alignment with IEP Components

30

Step 3. Intervention Planning and Implementation What are we going to do

about it?

• Measurable Annual Goals • Special Education Services

and Supports

Step 4. Response to Instruction/Intervention Is it working?

• IEP Implementation, Review, and Revision

• Present Level of Academic Achievement and Functional Performance

MTSS IEP Step 1. Problem Identification

What’s the problem?

Step 2. Problem Analysis Why is it taking place?

Present Level Statement Using the Problem-Solving Process

Step 1: Problem Identification

(What's the problem?)

•What is the student's current level of performance and rate of progress?

•What is the student expected to do?

•What is the gap between expected/current performance?

31

Step 2: Problem Analysis (Why is it taking place?)

Determine the effects of the disability and identify educational needs resulting from the disability.

32

Unable to hear and use conversational speech

Needs to learn how to effectively communicate with peers and adults using total communication

Effect of Disability Educational Need

Takes 50% more time than peers to complete written assignments with word prediction software

Needs extended time (50% more than peers) to complete assignments and assessments

• Why is the expected skill/behavior not occurring?

• What factors are contributing to the gap?

• What is the impact of disability on progress?

Step 3: Intervention Planning and Implementation

What type of intensive, individualized intervention will be provided?

• Special education services and related services

What type of support?

• Classroom and testing accommodations

• Program modifications

• Supplementary aids and services

• Support for school personnel

When? Where? How often?

Step 4: Is it Working?

IEP Implementation, Review, and Revision

Understanding Responsibilities

Teachers and other service providers must be informed of specific responsibilities related to the student’s IEP.

Each general education teacher, ESE teacher, and other service provider who works with the student must have access to the student’s IEP.

34

Make sure it is individualized

Interpret provided data

State what the student is currently able to do in: Reading, Math and Written Communication

Written in understandable language, include words that are measurable and be instructionally relevant.

Affects of the Disability

Make sure it is individualized

Interpret provided data

State what the student is currently unable to do in: Reading, Math and Written Communication

Written in understandable language, include words that are measurable and be instructionally relevant.

Strength Statement Affects Statement

36

Sources of Information

Academic Achievement • State assessments ( FCAT 2.0, FAA,

EOC, FSA)

• District achievement assessments

• Report cards and progress reports

• Curriculum-based and progress- monitoring assessments (RtI, MTSS)

• Diagnostic assessments

• Work samples and observations

Functional Performance • Discipline and attendance records

• Functional behavioral assessments

• Reports of motor and sensory proficiency

• Speech and language evaluations

• Observations/anecdotal records

• Interviews with teachers, parents, and the student

Use current, objective data from a variety of sources

Priority Educational Needs (PEN)

It is the direct link from PLEP to Measurable Annual Goals.

Address only the skill(s) that the student is currently unable to do

Developed from the impact of disability statement

Annual Measurable Goals

• States a specific action or act that can be observed and measured by another person

Observable Behavior

• The tools, situation, or assistance to be provided

Condition

• Acceptable performance (how well the student must perform)

Criteria

Examples of Annual Measurable Goals

Math Skills

Using 20 flashcards, the student will orally recall the 0-9 addition facts within 10 seconds in 4 out of 5 opportunities.

Given a worksheet, the student will solve 2 digit addition problems without regrouping in 8 out of 10 opportunities.

Given a worksheet, the student will solve 2 digit addition problems with regrouping in 8 out of 10 opportunities.

Behavior, Condition, Criteria

GAME TIME •Can you identify what is the

Behavior, Condition & Criteria?

•Given 10 multi-step word problems, Janet will solve 9 out of

10 problems correctly.

Game Time Answer

•Given 10 multi-step word problems, Janet will solve 9 out of 10 problems correctly.

•Behavior: Solve the problems

•Conditions: Given 10 multi-step word problems

•Criteria: 9 out of 10 correctly

Video – Successful IEP Meeting & Q & A

Least Restrictive Environment

Defining LRE

Each public agency must ensure that—

and…

Defining LRE

Defining LRE

Consideration must be given to any potential harmful effect on the child or on the quality of services that the child needs.

A child with a disability may not

be removed from education in age-appropriate regular classrooms solely because of needed modifications in the general education curriculum.

Placements

What Are LEA Requirements for LRE?

Each LEA must have a continuum of alternative placements to meet the needs of students with disabilities for special education and related services.

The continuum refers to the entire spectrum of placements where a student’s special education program can be implemented.

Summarizing LRE

Special education is not a place.

It’s a set of services and supports.

Where a child with a disability receives special education

services is that child’s placement.

The first “where” to consider is the general

education environment.

Section 504 • If a child does not qualify for services under IDEA, they

may qualify for accommodations/modifications under Section 504 of the American Disabilities Act of 1973.

• Section 504 of the American Disabilities Act guarantees that a child with a disability has equal ACCESS to an education and that it is comparable to an education provided to those who do not have a disability.

EXAMPLES OF DISABILITIES THAT USUALLY FALL UNDER SECTION 504 INSTEAD of IDEA:

Children with a normal ability to learn academically, but who have a mobility impairment, use a wheelchair, have a neurological disorder, or are missing a

limb.

Children with a normal ability to learn academically but who have a medical condition such as epilepsy, hemophilia, diabetes, AIDS, arthritis, allergies,

asthma, tuberculosis, ADHD, cancer, spinal bifida and cerebral palsy.

A child who has frequent referrals for behavioral problems or is under a doctor’s care for a psychological condition such as anxiety or depression.

Roles and Responsibilities: The Special Education Teacher

Roles and Responsibilities: The Consultation Teacher • Anticipation Guide

– Please take a moment to read and review the anticipation guide provided to you. Next to each statement, indicate whether you AGREE or DISAGREE with each statement.

– After the presentation has concluded, you will be asked to read the statements and your responses once again to evaluate whether or not you were correct with your initial response.

– Record any reflections that you have made which stand out in your mind.

The Role of the Special Education Teacher

Roles and Responsibilities of the Consult Teacher

Assigned to specific course subjects to

consult with at school

Schedule and meet with general education teachers in subject area assigned as dictated by IEP; maintain scheduled appointments

During meetings provide necessary

recommendations that ensure access and that students are meeting

the standards. Model lessons and

accommodation /UDL

implementation

Recommend supplementary

assignments/activities for teachers

Conduct Lesson Studies with other ESE and general education

teachers at the schools

Roles and Responsibilities of the Consult Teacher con’t

Participate in grade/ subject

area meetings

Participate in all IEP meetings

for students assigned

Teach one co-teaching

course

Monitor student

learning gains through data collection and course grades

to ensure progress

Conduct data chats

with students and teachers as appropriate

If support facilitating,

develop brief plan indicating

skills and groups they are working

with within the classroom

Meet face-to-face with

general education

teacher

Model Definition

Consultation*

The general education teacher and SPED teacher meet face-to-face or via conference call or virtual

technologies on a regular basis to plan, implement, and monitor instructional alternatives designed to

ensure that the student with a disability is successful in the general education classroom. If claiming

these services on the Matrix of Services document, the meetings must be face-to-face. Consultation is an

external support model.

Support Facilitation* Services are provided via an “in class one-on-one SPED teacher”. Teacher provides

services to an individual or small group of students within the general education

classroom but not as a co-teacher. A small group of students may include both students

with and without disabilities. Support facilitation is an in-class support model provided

during regularly scheduled intermittent or varying times of the day and/or week.

Paraprofessionals cannot be utilized as support facilitators.

Co-Teaching The general education and SPED teacher are providing instruction through co-teaching in

accordance with Section 1003.03(5)(c), F.S. Both teachers share responsibility for planning,

delivering, and evaluating instruction for all students in a class/subject for the entire class

period.

Separate Class Setting The SPED teacher provides instruction in a separate setting.

*Must document and create logs.

Inclusive Classrooms: Models of Support

GENERAL EDUCATION

SETTING

SPECIAL EDUCATION

SETTING

CONSULTATION

COLLABORATION

SUPPORT FACILITATION

CO-TEACH

RESOURCE

ROOM

SPECIAL CLASS

SETTING

Roles and Responsibilities: The General Education Teacher

Roles and Responsibilities: The General Education Teacher

A general educator must be included in an IEP, and PARTICIPATES in DISCUSSIONS about the child's involvement and progress in the general curriculum and participation in the regular education environment

(as well as discussions about the supplementary aids and supports for teachers and other school staff that are necessary to ensure the child's progress in that environment).

Roles and Responsibilities of the General Education Teacher

The general education teacher also brings to the IEP team process a knowledge of:

The general education context. How the student with disabilities performs in a general education

context.

How the student interacts with her peers.

The pace of the class.

Other students.

The dynamics of the class.

Approaches for teaching the class as a whole.

Roles and Responsibilities of the General Education Teacher

To be an effective part of the IEP process, general

educators will also need to:

Know how to

communi-

cate effectively

and work within a

team context.

Know how to observe

special education students

and record their

behaviors objectively in order to help IEP

teams track these students' progress.

Describe a

student's perform-ance and behaviors

to emphasize

the student's strengths.

Convey to the other IEP team members

an acceptance

and willingness to actively participate in the IEP process.

Be willing to try new approaches

in working

with students

with special needs.

Be willing to ask

for additional

assist-ance when this is

needed.