SPECIAL EDUCATION. Patrick Tomblin. Carol Solomon. Debbie Music. Director, Special Programs

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1 SPECIAL EDUCATION Patrick Tomblin Director, Special Programs Carol Solomon Special Programs Coordinator Debbie Music Special Programs Secretary

2 INTRODUCTION It is the intention of this School District to provide appropriate services for all eligible school-age students with disabilities and to provide schools and staff with appropriate support services for all children. Eligibility for special education shall be determined by a qualified educational team following state and local guidelines. Each eligible student with a disability residing within the district shall receive a program reasonably calculated to confer educational benefits by being provided a free, appropriate public education program in the least restrictive environment as defined by state and federal requirements. The district ensures that to the maximum extent appropriate, students with disabilities are educated with students who are non-disabled. Special classes, separate schooling or other removal of students with disabilities from the regular educational environment occurs only when the nature of severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. Procedures described in this manual include the necessary steps and form completion designed to assure compliance in the areas of identification, assessment, placement, instruction, annual review and re-evaluation. In addition, information about district policy and state and federal regulations has been included. The procedures contained in this document have been developed for the following purposes: 1. To ensure that the district is in compliance with the Individuals and Disabilities Education Act - IDEA (formerly Education for Handicapped Act - EHA) and other federal and state requirements for the provision of Services. 2. To outline a common procedure that can be followed throughout the district in the referral of children to. 3. To ensure that schools and children who need special assistance are able to receive it. As you use this manual throughout the year, please critique its contents and make suggestions for changes in future editions. Please direct any comments to Patrick Tomblin, Director of Special Programs. GLOSSARY 1

3 GLOSSARY Autism: A developmental disability significantly affecting verbal and nonverbal communicating and social interaction, that adversely affects a child's educational performance. Other characteristics which may be associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. Essential features are typically but not necessarily manifested before age three. Autism may include autism spectrum disorders such as but not limited to autistic disorder, pervasive developmental disorder-not otherwise specified, and Asperger's syndrome. Augmentative & Alternative Communication: A field of assistive technology that focuses on students who have difficulty communicating through speech, writing and/or sign language. Augmentative and alternative communication can include the use of eye pointing, gestures, signing, symbols, word boards, or speech output devices. Case Manager: A designated member of the IEP team that facilitates the steps in the IEP process. The resource teacher is the case manager for all special education files in the building. Communication Disorder (Speech and Language Impairment): The impairment of speech articulation, voice, fluency, or the impairment or deviant development of language comprehension and/or expression, or the impairment of the use of spoken or other symbol system that adversely affect educational performance. Deafblindness: Having both hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational problems that the child cannot be accommodated in special education programs designed solely for students having hearing or visual impairments. Deafness: A hearing impairment which is so severe that the child's hearing, with amplified sound, is nonfunctional for the purposes of educational performance. 2

4 Emotional Disturbance: A condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child's educational performance: An inability to learn that cannot be explained by intellectual, sensory, or health factors; An inability to build or maintain satisfactory interpersonal relationships with peers and teachers; Inappropriate types of behavior or feelings under normal circumstances; A general pervasive mood of unhappiness or depression; or A tendency to develop physical symptoms or fears associated with personal or school problems; The term includes schizophrenia but does not apply to children who are socially maladjusted, unless it is determined that they have an emotional disturbance. Extended School Year: The period of time between the close of one academic session and the beginning of another. Extended School Year Services: The provision of special education and related services during breaks in services for the purpose of maintaining skills which the student has acquired during the state mandated school year. Hearing Impairment: A hearing condition, whether permanent or fluctuating, that adversely affects a child's educational performance. The term includes those children who are hard of hearing or deaf. Individual Education Program (IEP) Team: A team specified under federal and state law and appointed by the building principal. The IEP Team reviews referrals, processes assessments for eligibility, conducts IEP, Placement and Manifestation Determination meetings as required to meet the needs of students who present with a recognized disability. Limited Recoupment Capacity: Previously learned skills are not likely to be relearned within a reasonable period of time after an interruption in the school session (e.g. Winter, Spring, and Summer breaks). 3

5 Mental Retardation: Significantly subaverage general intellectual functioning, and includes a student whose intelligence test score is two or more standard deviations below the norm on a standardized individual intelligence test, existing concurrently with deficits in adaptive behavior and manifested during the developmental period, and that adversely affects a child's educational performance. Orthopedic Impairment: A motor disability that adversely affects the child's educational performance. The term includes impairments caused by an anomaly, disease or other conditions (e.g. cerebral palsy, spinal bifida, muscular dystrophy or traumatic injury.) Other Health Impairment: Limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli that results in limited alertness with respect tot he educational environment, that (a) is due to chronic or acute health problems (e.g. a heart condition, tuberculosis, rheumatic fever, nephritis, asthma, sickle cell anemia, hemophilia, epilepsy, lead poisoning, attention deficit disorder, attention deficit hyperactivity disorder, leukemia, or diabetes, and (b) adversely affects a child's educational performance. Pattern of Exclusion: School districts shall consider (a) the length of each removal; (b) the total time of removals; and (c) the proximity of the removals to one another. Relearning or Recoupment: Recovery of skills on the IEP, to a level demonstrated prior to the interruption in instruction programming when given a reasonable number of instructional days for re-learning to occur. Self-Sufficiency: Critical skills needed to assist the student to function independently in the community or at least achieve the fullest level of independence possible. Objectives that relate directly to daily living in community settings. Significant Regression: Decrease in a student's level of proficiency in one or more skills as specified on the IEP when an interruption in instruction occurs, which the student cannot re-learn within a reasonable number of instructional days once school resumes after a break. 4

6 Service Provider(s): The teacher or other professional who conducts the instruction outlined in the IEP and is responsible for the development of the instructional program for the eligible student. Specific Learning Disability: A disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which may manifest itself in an imperfect ability to listen, think, speak, read, write, spell or do mathematical calculations. Specific learning disability includes conditions such as perceptual disabilities, brain injury, dyslexia, minimal brain dysfunction, and developmental aphasia. The term does not include learning problems which are primarily the result of visual, hearing, or motor disabilities, mental retardation, emotional disturbance, or environmental, cultural, or economic disadvantage. Surrogate Parent: A person who stands in for the parent and makes decisions about the child's education. A "parent" is the child's natural or adoptive parent, legal guardian other than a state agency, or a person acting as a parent (e.g. child living with relatives.) Traumatic Brain Injury: Visual Impairment: An acquired injury to the brain caused by an external physical force resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child's educational performance. The term includes open or closed head injuries resulting in impairments in one or more areas, including cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech. The term does not include brain injuries that are congenital or degenerative, or brain injuries induced by birth trauma. A visual impairment that, even with correction, adversely affects a child's educational performance. The term includes those children who are partially sighted or blind. 5

7 FORMS Form # 301A 301B Description Folder Checklist Labels for Folders 302 Parent Contact Log 303A 303B 303C 303D 303E 304A 304B B-X 307A 307B Pre-Referral Process Parent Notification of Team Referral TAT Referral TAT Case Manager Staffing Worksheet TAT Staffing Report Record of Request for or Disclosure of Student Records School Officials Having Access to Student Records Parent Notification for Evaluation Referral Evaluation Plan for Initial or Re-Evaluation Parent Notice About Evaluation 308 Case Manager Referral 309 Family History 310 Records Report 311A 311B Observation Report Classroom Behavior Observation 312 Permission to Obtain and Release Information X Medical Statement or Health Assessment 314 Notice of Staffing or IEP Committee Meeting 6

8 Form # Y-X Description Prior Notice of Action 316 IEP Team Summary of Assessment S-X Q-X Notice of IEP Team Meeting Prior Notice and Consent for Initial Placement into 327 Prior Notice of no Need to Re-Evaluate Determination 328 Criteria Rating Scale for Supported Education Services (Sample Only, Obtain From Assessment Center) 329 Notice of Transfer of Parental Rights 330 IDEA Manifestation 331a 331b 331c 504 Eligibility 504 Manifestation 504 Parent Rights 334 Transportation Request 336A 336B 336C 336D 336E Surrogate Parent Request Surrogate Parent Student Data Surrogate Parent Program Application Surrogate Parent Contact Log Sheet Surrogate Parent Appointment 337 Hearing Screening Form 338 Hearing Screening Class Report 339 Hearing Referral Form 340 Parental Rights -- English 341 Parental Rights -- Spanish 342A 342B Extended School Year IEP Addendum Preliminary Planning Form ESY 7

9 Form # 342C 342D 342E 343A 343B 343C 344A 344B 344C 344D 344E L-X J-X Description Parent Notification of Recommendation for ESY Parent Notification of Ineligibility for ESY ESY Services Adaptive PE Adaptive PE Skills Summary Adaptive PE Physician's Statement Request for Tutoring Tutoring Attendance Policy Elementary Tutor Resource Information Tutoring Attendance/Progress Report Tutor Final Grade Report Statement of Eligibility - Autism (Sample Only, Contact Assessment Center) Statement of Eligibility - Deafblind (Sample Only, Contact Assessment Center) X Statement of Eligibility- (Specific Learning Disability 90) (Sample Only, Contact Assessment Center) G-X Statement of Eligibility-- (Communication Disorder 50) (Sample Only, Contact Assessment Center) Statement of Eligibility--Specific Learning Disability Statement of Eligibility--Communication Disorder M-X F-X K-X H-X N-X 8 Statement of Eligibility - Emotional Disturbance (Sample Only, Contact Assessment Center) Statement of Eligibility - Hearing Impairment (Sample Only, Contact Assessment Center) Statement of Eligibility - Mental Retardation (Sample Only, Contact Assessment Center) Statement of Eligibility - Orthopedic Impairment (Sample Only, Contact Assessment Center) Statement of Eligibility - Other Health Impairment

10 Form # O-X E-X Description Statement of Eligibility - Traumatic Brain Injury (Sample Only, Contact Assessment Center) Statement of Eligibility - Vision Impairment (Sample Only, Contact Assessment Center) a-p IEP (Form A): School-Age through age 21 (landscape) a-p IEP (Form A): School-Age through age 21 (portrait) a-p IEP (Form B): School-Age through age 13 (landscape) a-p IEP (Form B): School-Age through age 13 (portrait) a-p IEP (Form C): Age 14 through age 21 (landscape) a-p IEP (Form C): Age 14 through age 21 (portrait) ISP Individualized Services Plan (ISP) 9

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12 IEP TEAM PROCESS DEFINITIONS The Individual Education Program Team is specified under federal and state law. The IEP Team reviews referrals, and processes assessments for eligibility under federally recognized areas of disability, develops the IEP, determines placement and makes manifestation decisions. The team includes a minimum of four individuals, at least one of whom is knowledgeable about the student s disabilities, and who can interpret the instructional implications of the evaluation results. The principal may convene and direct the team or may choose to delegate this responsibility; however, the principal remains responsible for the decisions made by the team. The team consists of the parent(s) and licensed staff members who are involved in the delivery of student services, specifically: Parent(s) Classroom teacher(s) Special education teacher or teachers Principal or designee The student, when appropriate. May include other individuals who have knowledge or special expertise regarding the student. May include agency representatives providing or paying for transition services. May include other appropriate agencies. The IEP Team case manager convenes the team and coordinates all screening, referral, assessment, placement and manifestation activities. The case manager or principal is responsible for: Establishing communication with parents and staff. Coordinating the completion of pre-referral and referral for special education services. Coordinating eligibility determination, IEP development, placement and manifestation decisions. Case Manager: The case manager facilitates the steps in the IEP process including: Coordinating assessment plan development. Inviting parents/guardians/surrogates in the assessment plan development and providing the parent's with their rights regarding initial evaluations and three year reevaluations. 11

13 Securing the parent's signature on the Notice and Parental Consent for Initial Evaluation and Prior Notice and Consent for Initial Placement into special education. Monitoring the assessment procedures, ensuring that all required records are in the student's behavioral file, and ensuring that all assessment data is presented to the IEP Team for eligibility determination in a timely manner. If the parent chose not to attend the eligibility determination, arranging for sharing assessment results with the parents and ensuring that the parents understand the results. Scheduling IEP meetings within 30 days after determining that a student is eligible and in need of special education. Scheduling and conducting IEP annual revision/review meetings in accordance with legal timelines and requirements, and the district guidelines. Coordinating IEP annual reviews, the three-year reevaluation, and change or conclusion of all service determinations. Coordinating distribution, filing, and retention of all records. Submitting completed census data and copies of the IEP, eligibility and placement forms to the Special Programs Department immediately following IEP development. Informing the principal of problems in coordinating student services procedures in a timely manner. Service Provider(s): The service provider is the teacher or other professional(s) who conducts the instruction outlined in the IEP. The service provider is responsible for the development of the instructional program for the eligible student including: Developing an appropriate IEP with the parent and the IEP team. When appropriate, this includes graduation requirement activities, advising parents on grading policies, diploma requirements, discipline, and transition services. Implementing the IEP in accordance with district guidelines. Principal: The principal has ultimate responsibility for provision of services in his/her building, including: Monitoring IEP activities and procedures to assure compliance with state and federal regulations. Providing inservice activities for the total building staff so that they understand and comply with special education laws and best practices. Allotting time and assuring the attendance of regular education classroom teacher at IEP meeting. Allotting time and assuring the attendance of special education staff at district training programs and meetings Allotting time and space for conducting and processing assessments by special education staff. Resolving parent complaints relative to the identification, evaluation or placement of a student with 12

14 disabilities. (District level administration may assist by advising the principal or talking directly with parents.) Evaluating building special education staff. (District level administration may assist on request from the principal.) PRE-REFERRAL (TEACHER ASSISTANCE TEAM OR CARE TEAMS) Pre-referral steps need to be conducted for students prior to referral for special education in order to determine whether assessment for special education is necessary. Regular education teachers are responsible for following pre-referral steps, with input and assistance from the building TAT or CARE team. The following are key steps to include in pre-referral: Communication with the parents. A description of current concerns regarding the student's educational performance. A description of what the teacher wants the student to accomplish to be successful in his/her classroom. Current observations from academic and nonacademic settings. A thorough review of the student's records, especially attendance, previous evaluations, behavioral issues, and health. Information from previous teachers. Samples of the student's work. Intervention plans, duration of implementation and outcomes. If a parent makes a request for a special education evaluation, in most cases the pre-referral steps should still be followed in order to collect all relevant information. REFERRAL FOR SPECIAL EDUCATION EVALUATION Once the building pre-referral team (TAT/CARE) or other referring party suspects a student may have a disability that has an adverse impact on the student s educational performance and may need special education services as a result of the disability. As part of an initial evaluation (if appropriate) and as part of any reevaluation, the child s IEP or IFSP team, and other qualified professionals, as appropriate shall: Review existing evaluation data on the child, including: --Evaluations and information provided by the parents of the child. --Current classroom-based assessments and observations; and --Observations by teachers and related services providers; and 13

15 On the basis of that review, and input from the child s parents, identify what additional data, if any, are needed to determine: --Whether the child has a particular category of disability or, in case of a reevaluation of a child, whether the child continues to have such a disability; *for a school-age child, under OAR , or *for a preschool child, under OAR or 0946; --The present levels of performance and educational or developmental needs of the child; --Whether the child needs special education and related services, or in the case of a reevaluation of a child, whether the child continues to need special education and related services; and --Whether any additions or modifications to the special education and related services or, for a preschool child, EI/ECSE services are needed: *To enable the child to meet the measurable annual goals in the child s IEP or IFSP and *To participate, as appropriate, in the general curriculum. The team shall include at least two professionals, at least one of whom shall be a specialist knowledgeable and experienced in the evaluation and education of children with disabilities, and the parent. This team may make this determination without a meeting. If a meeting is held, parents shall be invited to participate. The IEP team meets to review current information about the student. The IEP team determines what assessment is needed to produce the additional data needed and who will do each assessment. The Evaluation Planning form is used to document all decisions. At this time the IEP team also sets a date to reconvene to determine eligibility. If the child s IEP or IFSP team determines that no additional data are needed to determine whether the child is or continues to be a child with a disability, the public agency shall notify the child s parents: --Of that determination and the reasons for it; and --Of the right of the parents to request an assessment to determine whether, for purposes of services under this part, the child continues to be a child with a disability. The public agency is not required to conduct the assessment described above unless requested to do so by the child s parents. For purposes of other qualified professionals means individuals who are knowledgeable about the child s disability and, for students with limited English proficiency, knowledgeable about the implications of the child s language proficiency on their special education or EI/ECSE needs. The team should also obtain a parent signature on a medical statement or Health Assessment Form and obtain name of child's physician for all handicapping conditions, other than Learning Disability or Communication Disorder. Whether or not the parent chooses to attend the Evaluation Planning meeting, the parent must sign the Prior Notice and Consent for Evaluation form. The case manager informs the parents of the Evaluation Plan and 14

16 parent's rights. The case manager must secure the parent's signature on the Prior Notice and Consent for Evaluation prior to any assessment. Informed consent means: 1) the parent has been fully informed in the native language or other mode of communication of all relevant information, 2) parent understands and agrees, in writing, to the activities in which consent is sought (Note: listing and describing carefully all implications is important), 3) parent consent is voluntary and can be revoked at any time. Existing assessment data may be used if it is determined to be valid in administration, scoring, and interpretation, if the team agrees that it is relevant to current needs, and if current documented information substantiates prior data. Procedures, tests and other evaluation materials: Are selected and administered so as not to be racially or culturally discriminatory. Are provided and administered in the child's native language or other mode of communication, unless it is clearly not feasible to do so. For a child with limited English proficiency are selected and administrated to ensure that they measure the extent to which the child has a disability and need special education, rather than measuring the child s English language skills. Are selected to assist the team in determining whether the student is a student with a disability and the content of the student s IEP. Provide relevant information in determining the educational needs of the child. Are tailored to assess specific areas of educational need and not merely those which are designed to provide a single general intelligence quotient. Have been validated for the specific purpose for which they are used. Are administered by trained personnel in conformity with the instructions provided by the test producer. Tests are selected and administered so as to best ensure that, if a test is administered to a child with impaired sensory, manual or speaking skills, the test results accurately reflect the child s aptitude or achievement level or whatever factors the test purports to measure rather than reflecting the child s impaired sensory, manual or speaking skills, except where those skills are the factors which the test purports to measure; Are selected and administered to most accurately reflect the child's aptitude or achievement level without results being confounded by the testing procedure itself. No single procedure is used as the sole criterion for determining a disability or an appropriate educational program for the child. If a standardized assessment is not given under standard conditions, a description of the extent to which it varied from standard conditions must be included in the evaluation report. A variety of assessment tools and strategies are used to gather relevant functional and development 15

17 information about the child including: A. Information provided by the parent, and B. Information related to enabling the child to be involved in and progress in the general curriculum (or for a preschool child, to participate in appropriate activities.) The evaluation is completed by the IEP team or other person with specific expertise, including at least one teacher or other specialist with knowledge in the area of the suspected disability. The child is assessed in all areas related to the suspected disability, including, where appropriate, health, vision, social and emotional status, general intelligence, academic performance, communicative status and motor abilities. The evaluation shall be completed within a reasonable period of time. A "reasonable period of time" means within 60 school days unless special circumstances require a longer period. "Special circumstances" are circumstances outside the school district's control. The district must document any special circumstances. The 60 day period begins on the date the parent gives written consent for evaluation or the date the evaluation is initiated under OAR The evaluation shall be considered completed on the date of the meeting to determine eligibility or to consider the results in reviewing a student's IEP. Note: An assessment may only be conducted by a qualified district employee or person contracted by the district who has the appropriate certification and training. Neither student teachers, volunteers, or educational assistants may conduct eligibility assessments. ELIGIBILITY DETERMINATION Eligibility Determination Procedures: Upon completing the administration of tests and other evaluation materials, a team shall determine whether the child is a child with a disability under OAR Each team shall: A. Draw upon information from a variety of sources, including but not limited to, aptitude and achievement tests, teacher recommendations, physical condition, social or cultural background and adaptive behavior; and B. Ensure that information obtained from all these sources is documented and carefully considered. The team shall include two or more professionals, at least one of whom is knowledgeable and experienced in the evaluation and education of children with the suspected disability, and the parent. This team may be the child's IEP team. In determining eligibility for a child suspected of having a specific learning disability, the team shall also 16

18 include: 1. The child's regular classroom teacher or, if the child does not have a regular classroom teacher, a regular classroom teacher qualified to teach a child of his or her age; 2. A person qualified to conduct individual diagnostic examinations of children, such as a school psychologist, speech-language pathologist, or other qualified professional. The team shall prepare a written statement of eligibility that includes: 1. All evaluation data considered in determining the child's eligibility 2. A determination of whether the child meets the minimum evaluation criteria for one of the disability categories in OAR or OAR ; 3. A determination of whether the primary basis for the suspected disability is: a) A lack of instruction in reading or math; or b) Limited English proficiency; 4. A determination of whether the child's disability has an adverse impact on the child's educational performance; or 5. A determination of whether, as a result of the disability, the child needs special education services and 6. The signature of each member of the team indicating agreement or disagreement with the eligibility determination. When determining eligibility for a child suspected of having a specific learning disability, the team shall prepare a written report based upon the results of the evaluation. The report shall also include statements regarding: 1. Whether the child has a specific learning disability; 2. The basis for the determination; 3. The relevant behavior noted during the observation of the child; 4. The relationship of that behavior to the child's academic functioning; 5. The educationally relevant medical findings, if any; 6. Whether there is a significant discrepancy between achievement and ability which is not correctable without special education; and 7. The determination of the team concerning the effects of environmental, cultural, or economic disadvantage. 17

19 8. Each team member shall certify either: a) Agreement with the report; or b) Disagreement, with a separate statement of conclusions. The school district shall provide a copy of the evaluation report and the documentation of determination of eligibility to the parent. The team may not determine that a child is eligible for special education services if: 1. The determinant factor for that eligibility determination is: a) Lack of instruction in reading or math; or b) Limited English proficiency; and 2. The child does not otherwise meet the eligibility criteria under OAR The team shall determine a child to be eligible under this rule if the child has a disability and needs special education and related services, even though the child is advancing from grade to grade. For a child who may have disabilities in more than one category, the team need only qualify the child under one disability category. However, the child shall be evaluated in all areas related to the suspected disability or disabilities, and the child's IEP shall address all of the child's special education needs. REEVALUATION Educational agencies shall ensure that a reevaluation of each child with a disability is conducted every three years, or more frequently if conditions warrant or if the child's parent or teacher requests an evaluation. As part of the reevaluation, the child's IEP team shall review existing data and determine what, if any, additional assessment data are needed in accordance with OAR A. Draw upon information from a variety of sources, including but not limited to, aptitude and achievement tests, teacher recommendations, physical condition, social or cultural background and adaptive behavior; and B. Ensure that information obtained from all these sources is documented and carefully considered. In determining whether a child continues to have a disability, the team shall address all of the evaluation components and minimum eligibility criteria of the child's eligibility category under OAR , except as described in the following subsection: A. A child identified as having a specific learning disability need only have a "discrepancy" and not necessarily a "severe discrepancy" to continue eligibility. 18

20 Upon a request for a reevaluation, the school district shall either: A. Provide the parent with prior written notice of the proposed evaluation under OAR and obtain written parent consent in conformance with OAR and 0042(2); or B. Provide the parent with prior written notice under OAR of the school district's refusal to conduct a reevaluation. Parents may challenge a school district's refusal to conduct a reevaluation under OAR If the child's IEP or IFSP team determines that no additional data are needed to determine whether the child is or continues to be a child with a disability, the public agency shall notify the child's parents: A. Of that determination and the reasons for it: and B. Of the right of the parents to request an assessment to determine whether, for purposes of services under this part, the child continues to be a child with a disability. RESPONSIBILITY FOR EVALUATION AND ELIGIBILITY DETERMINATION For school-age children, school district and juvenile and adult corrections education programs are the public educational agencies responsible for evaluating children and determining their eligibility for special education services. For preschool children, the school district is the public educational agencies responsible for ESD evaluating children for EI/ECSE services. The ECSE program is responsible for determining the eligibility of these children for EI/ECSE services. TERMINATION OF ELIGIBILITY The student s IEP team must evaluate a child with a disability in accordance with OAR and 0701 before determining that the child is no longer a child with a disability. The evaluation described in the above section is not required before the termination of a student's eligibility: 1. Due to graduation with a regular high school diploma: or 2. For students who are no longer eligible due to their age. A school district shall provide prior written notice under OAR when a team determines that a child is no longer eligible for special education. The eligibility decision must be agreed on by a majority of the IEP members with deference to the team member most knowledgeable of disability. Team members involved in the eligibility determination sign the Statement of Eligibility and must indicate agreement or disagreement with the decision. If a team member disagrees, they must write a dissenting statement, and it must be attached to the Statement of Eligibility. 19

21 Note: Attendance is an environmental factor. The team must address this issue and determine impact. WRITTEN PRIOR NOTICE If the student has been found eligible to receive special education services, the case manager asks the parent(s), legal guardian, or surrogate parent to give written consent for special education placement. Written consent must be obtained prior to initiation of special education placement. The parent is asked to give written consent by signing and dating the Prior Notice and Consent for Initial Placement into. If the parent chooses not to attend the eligibility meeting, the case manager shall share the results of the evaluation with the parents/guardian. Note: This form is completed after the initial eligibility only. A Prior Notice of Action needs to be sent to the parent after completing any IEP process or change. Content of the Prior Notice of Action shall include: A description of the action proposed by the school district. An explanation of why the district proposed the action. A description of any options which the school district considered. Reasons why the options were rejected. Any additional information considered by the team. A list of all the evaluations, reports, and records that were used in making the decisions. A description of all the procedural safeguards available to the parents, and a copy of Parental Rights in. The Prior Notice of Action must be written in language understandable to the general public and provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so. If the native language or other mode of communication of the parent is not a written language, the school district shall take steps in insure that: The notice is translated orally or by other means to the parent in the parent's native language or other mode of communication. A reasonable effort is made to aid the parent in understanding the content of the notice. There is written evidence that these requirements are met. PARENT PARTICIPATION The IEP team shall provide one or both parents with a Notice of Team Meeting with respect to the 20

22 identification, evaluation, IEP and educational placement of the child, and the provision of a free appropriate public education to the child. The IEP team shall provide parents with a written notice of the meeting sufficiently in advance to insure that one or both parents will have an opportunity to attend. The Notice of Team Meeting shall: State the purpose, time and place of the meeting and who will attend. Inform the parent that they may invite other individuals who they believe have knowledge or special expertise regarding the child. Inform the parent that the team may proceed with the meeting even if the parent is not in attendance. Inform the parent of whom to contact before the meeting to provide information if they are unable to attend. The school district shall make reasonable efforts to insure that the parent understands the proceedings at a meeting, including arranging for an interpreter for parents who are deaf or whose native language is other than English. A meeting does not include informal or unscheduled conversations involving public agency personnel and conversations on issues such as teaching methodology, lesson plans, or coordination of service provision if those issues are not a decision about the child's IEP. A meeting also does not include preparatory activities that public agency personnel engage in to develop a proposal or response to a parent proposal that will be discussed at a later meeting. IEP MEETING The case manager will assure a minimum of four participants at the IEP meeting. At least one must be knowledgeable about the student s disabilities and who can interpret the instructional implications of the evaluation results. The participants shall include: One or both parents, legal guardian or surrogate of the student. The student s special education teacher or special education provider. A representative of the district. The person must be must be someone other than the student's teacher who is qualified to provide or to supervise special education and is knowledgeable about the general curriculum. The same person may not act as the teacher and the district representative. The district representative must be a principal or designee who can allocate resources. A counselor cannot sign as the district representative unless they have credentials in either special education or supervision. The district representative must sign listing their credentials to sign. They must be seen by the district as having authority to commit resources. The district representative must attend the meeting. The student s teacher. --If the student has more than one regular education teacher, any one of those teachers may be 21

23 selected. If the student is not enrolled in school, a teacher who has knowledge of the student's grade level or eligibility content area will be designated by the district. The regular education teacher(s) will participate in discussions and decisions regarding: * Participation in the general curriculum and in the regular education environment; * Supplemental aids and services, program modifications and/or supports to be provided for the student or on behalf of the student; * Appropriate positive behavioral interventions and strategies; and, * All portions of the IEP they may be implementing. If the district has referred or placed a student in an ESD, State Operated Program, private facility, or any other program, IEP Team membership will include a representative from the appropriate agencies. Participation may consist of attending the meeting, conference call, or participating through other means. The case manager will ensure that the parent understands the proceedings at the meeting. This includes arranging for an interpreter for parents who are deaf or whose native language is other than English, or having Braille copies of the forms for a parent who is visually impaired. If neither parent can attend the IEP meeting in person, the case manager will ensure parent participation in the IEP development. This could included, but is not limited to, individual or conference telephone calls or home visits. If the school is unable to convince the parent to participate in an IEP meeting, the meeting will be conducted without the parent after three documented attempts to invite them have gone unheeded, the first being written notice. An appropriate IEP shall be written before special education and related services are provided to a student. The initial IEP is implemented immediately following the IEP meeting and after Prior Notice and Consent for Initial Placement into has been given, unless the meeting occurred during the summer, or during a vacation period. IEP CONTENT The IEP is a good faith agreement between the parent and the school district, drawn up by the IEP team, which spells out the specially designed instruction and related services that the student will receive from the school district. A statement will be included outlining any specific special education and related services and supplementary aids and services to be provided on behalf of the child, as well as a statement of the program modifications or supports for school personnel. It must include the following: The IEP for each eligible student includes: A statement of the student's present levels of educational performance. The statement: --Includes a description of how the disability effects the progress and involvement in the general 22

24 curriculum; --Describes the results of any evaluations conducted, including functional and developmental information; --Is written in language that is understood by all IEP Team members, including the parents; and, --is clearly linked to the annual goal statement(s). A statement of measurable annual goals, including short-term objectives. The goals and objectives are written to: --Meet the student's needs that are present because of the disability, or because of behavior that interferes with the student's ability to learn, or impedes the learning of other students; --Enable the student to be involved in and progress in the general curriculum, as appropriate; and, --Clearly describe the anticipated outcomes, including intermediate steps, that serve as a measure of progress toward the goal. A statement of the special education services, related services, supplementary aids and services, program modifications, and supports for school personnel that will be provided to the student, or on behalf of the student. these services, modifications, and supports are developed for the student to: --Meet the annual goals; --Be involved and progress in the general curriculum; --Be involved and participate in extracurricular and other nonacademic activities; and, --Be educated and participate with other students, with and without disabilities, in academic, nonacademic, and extracurricular activities. For each special education service, related service, supplementary aid and service, program modification, and support for school personnel that will be provided to the student, or on behalf of the student, a description of: --The projected date for initiation; --Projected duration, or ending date; --The anticipated amount and frequency; and who is responsible for implementation of all or part of an IEP; and, --The anticipated location. A statement of the extent, if any, to which the student will not participate: --With non-disabled students; and, --In regular academic, nonacademic, and extracurricular activities. A statement that describes how the student will participate in Statewide and district-wide assessment, which includes: --A description of accommodations and/or modifications, if any, to be provided that allow a student to participate either fully or partially in such assessments; and, --If the team determines that a student will not participate in Statewide and/or district-wide assessment, a statement is included to explain the reasons why a student is being excluded, and describes how 23

25 the student will be assessed in another way(s). A statement that describes how the student's progress toward completion of the annual goals will be measured, ad how this progress will be reported to parents at least as often as progress reports for non-disabled students are provided to parents. the progress reports will indicate: --The progress made toward completion of each annual goal during that reporting period; and, --The extent to which the progress will allow the student to meet the annual goals by the end of the IEP. IEP TEAM CONSIDERATIONS AND SPECIAL FACTORS In developing, reviewing and revising the IEP, the IEP team considers: A. The strengths of the student and concerns of the parent for enhancing the education of the student; B. The results of the initial or most recent evaluation of the student; and, C. As appropriate, the results of the student's performance on any general state or district-wide assessment. In developing, reviewing and revising the student's IEP, the IEP team considers the following special factors: A. The communication needs of the student; and B. The need for assistive technology services and/or devices. As appropriate, the IEP team also considers the following special factors: A. For a student whose behavior impedes his/her learning or that of others, strategies, positive behavioral intervention and supports to address that behavior; B. For a student with limited English proficiency, the language needs of the student as those needs relate to the IEP; C. For a student who is blind or visually impaired, instruction in Braille and the use of Braille unless the IEP team determines, after an evaluation of reading and writing media, including evaluation of future needs for instruction in Braille or the use of Braille, that instruction in Braille or the use of Braille is not appropriate; and D. For a student who is deaf or hard of hearing, the student's language and communication needs, including opportunities for direct communication, mode, academic level and full range of needs, including opportunities for direct instruction in the student's language and communication mode. In addition to the above IEP contents, the IEP for each eligible student of transition age must include 24

26 transition information (see Transition section). RELATED SERVICES After the student's needs have been determined and goals and objectives written, the IEP team considers the need for related services. In deciding whether a particular service is a related service, the members of the IEP team determine the special education services needed to meet the goals and objectives of the IEP, and then determine whether the service being considered as a related service is an integral part of the annual goals and short-term objectives. It is an integral part if the service directly affects the ability of the student to acquire knowledge, skills, or abilities identified in the annual goals and short-term objectives, or if instructional success is dependent upon the related service, such as interpreter services or Braille materials. Related services means transportation and such developmental, corrective, and other supportive services as may be required to assist a child with a disability to benefit from special education, and includes the early identification and assessment of disabling conditions in children. The term includes, but is not limited to: Transportation Speech pathology Audiology Psychological services Physical therapy Occupational therapy Recreation Social work services Medical services for diagnostic and evaluation purposes Counseling services Health services Assistive technology Mobility training If the IEP team determines that a student requires a related service to benefit from his or her special education, the service shall be included in the IEP, and shall be provided at no cost to the parent. IMPORTANT THINGS TO REMEMBER 25

27 Give parents a copy of the IEP following the meeting (best practice: within two weeks). The IEP must be accessible to each of: A. The student's regular education teacher(s); B. The student's special education teacher(s); and, C. The student's related services provider(s) and other service provider(s). Inform each teacher and service provider of their specific responsibilities for implementing the IEP specific accommodations, modifications and/or supports that must be provided for, or on behalf of the students, to fully implement the IEP. A current IEP must always be in effect and implemented with no cessation of services, including the beginning of the school year. The IEP must be in effect before special education or related services are provided. The district makes a good faith effort to assist the student to achieve the annual goals and short-term objectives identified on the IEP. The district will not be held accountable if, despite good faith implementation, a student does not achieve the anticipated progress identified on the IEP. For all IEPs developed on or after September 7, 2000, the district uses: A. The state IEP form; or B. An IEP form that has been approved by the Oregon Department of Education. PLACEMENT The placement decision for each eligible student is: A. Made by a group of persons, including the parents, and other persons knowledgeable about the student, the meaning of the evaluation data and the placement options; B. Determined at least once every 365 days; C. Based on the student's individualized education program (IEP); and D. As close as possible to the student's home. The student is educated in the school that he/she would attend if non-disabled unless the services identified in the IEP cannot feasibly be provided in this setting. 26

28 The district ensures that: A. A continuum of placement options is available to meet the needs of students with disabilities for special education and related services; B. The continuum includes instruction in regular classes (with special education and related services and/or supplementary aids and services as identified on the IEP), special classes, special schools, home instruction and instruction in hospitals and institutions; C. Placement options, including instruction in regular classes, special classes, special schools, home instruction ad instruction in hospitals and institutions are available to the extent necessary to implement the IEP for each student with a disability. Students are placed in the least restrictive environment, using the following decision-making process: A. Completion of the IEP; and, B. Determining which IEP services, including instruction, can be implemented in the regular class. If all IEP services cannot be provided in the regular class, identifying those that must be provided outside the regular class; however, the district will not remove a student from education in ageappropriate regular classrooms solely because of needed modifications in the general curriculum; For those services that must be provided outside the regular class, identifying where, on the continuum from least to most restrictive, the services can be provided; Placement is in the school the student would attend if not disabled, unless another arrangement is required for implementation of the IEP; In selecting the student's placement, the placement team considers and documents: A. All placement options considered, including placement options requested by the parent; B. Potential benefits of placement options that are considered; C. Any potential harmful effects on the student or on the quality of services that he/she needs; and, D. Modifications and services considered to reduce harmful effects, and to maintain the student in the less restrictive placement. The placement team documents the placement selected, and provides a copy of the determination to the parent; If the selected placement is a change from previous placement, the district provides the parent with prior written notice of the change in placement; If the parent requests a specific placement that the team rejects, the district provides a prior written notice of refusal. 27

29 The district provides nonacademic and extracurricular services and activities in the manner necessary to afford students with disabilities an equal opportunity for participation in those services and activities. Nonacademic and extracurricular services and activities include all those available to non-disabled students and may include: A. Counseling services; B. Athletics; C. Transportation; D. Health services; E. Recreational activities; F. Special interest groups or clubs; G. Referrals to agencies that provide assistance to individuals with disabilities; and, H. Employment of students. ANNUAL REVIEW The case manager shall conduct an IEP meeting to review and revise the student's IEP and placement at least once a year (no more than 365 days). This could be on the anniversary date of the last IEP meeting or an earlier date. Prior to the annual review or revision meeting, parents must be provided with a Notice of Individual Education Program Meeting. If parents cannot attend the IEP meeting, other means must be used to ensure parent participation in the IEP development (i.e. telephone conference, visits, etc.) Progress on short-term objectives and annual goals is reviewed during the meeting and documented on the previous IEP form prior to a new IEP being developed. The IEP team must address: A. Any lack of anticipated progress toward annual goals and/or progress in the general curriculum; B. Results of any reevaluation; C. Information provided about the student to or by the parent; anticipated needs; and, D. Other matters related to the student's special education needs. 28

30 The district conducts an IEP meeting any time it believes that a change in the IEP may be necessary to ensure free appropriate public education (FAPE) to the student. Parents may request a meeting at any time to review or revise the IEP if they believe that the district has not acted in good faith in developing or implementing the IEP, if they feel that the IEP is not effective or for any other reason for which a review would be appropriate. When the parent requests a meeting the district will either: A. Schedule a meeting within a reasonable time; or, B. Provide written prior notice of the district's refusal to hold a meeting. If a participating agency fails to provide agreed upon transition services contained in the IEP, an IEP meeting is initiated for the purpose of identifying alternative strategies to meet the transition objectives and, if necessary, revising the IEP. The district provides prior written notice to the parent upon completion of the IEP, and before implementation of IEP services, if: A. The IEP changes the provision of FAPE to the student (e.g., adding or discontinuing a special education or related service); or, B. The IEP team refuses a parent request for a change in the provision of FAPE to the student. Parents are provided an opportunity for input and given a copy of the IEP and placement decision. THREE-YEAR RE-EVALUATION The purpose of the three-year re-evaluation is to re-establish the eligibility of the student as disabled and in need of special education. In order to do so, all of the original eligibility questions must be answered again. All available sources of data can be used. This includes the initial assessment data and all data subsequently collected, such as informal testing, observations, daily work, annual evaluations and other three-year reevaluations. When re-establishing eligibility for learning disabilities, the team may distinguish between entry criteria and continuation criteria during the re-evaluation. Successful intervention may result in the student not meeting initial eligibility criteria. The team must make a judgment to determine whether the student still requires special education in order to benefit from regular education. Procedures for assessment, eligibility and IEP development are the same as with the initial assessment. 29

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32 GENERAL ELIGIBILITY GENERAL PROCEDURES FOR ALL ELIGIBILITY AREAS For each eligibility area complete the required checklist for that disability. The results of all assessment information which led to your eligibility determination must be attached to the eligibility checklist. The Department of Education requires that all documents (assessment summaries, etc.) be stapled to the eligibility form. All assessment information must be current. If you are referencing old data, such as previous intelligence tests, you must also provide current information to substantiate the child's current level of intellectual functioning and the date indicated on the eligibility checklist must refer to the current evaluation information. It is not necessary to complete more than one eligibility statement, however, once a child has been found eligible for special education, all areas of need, as identified during the evaluation, must be addressed on the IEP. SUGGESTIONS FOR REFERRAL/ELIGIBILITY To assist with identifying who will be conducting the various components of the evaluation, write the initials of the service provider next to the area(s) of concern on the Evaluation Planning form. Invite parents to participate in your evaluation planning meeting when determining assessment needs. After reviewing the present concerns, discuss the options regarding possible evaluation under IDEA guidelines and review the Parental Rights brochure. Ask parents to sign the Consent for Evaluation at this meeting to avoid delays. Determine the date by which all evaluations will be completed as soon as the Prior Notice and Consent form has been signed by the parents. This will assist service providers in scheduling their evaluations and should ensure that all evaluations are conducted in a reasonable length of time. Schedule your eligibility meeting date if you will be determining eligibility and immediately planning to develop the IEP. If the student is found eligible for special education, use the Parent Notice form. When completing the eligibility checklist, cross reference the line on the eligibility statement form with the supporting documentation which you are attaching to the form. For example, if you are indicating on line 3 of the Specific Learning Disabilities Statement, that ability testing was completed by (name) on (date), then you should provide the results of this testing on an attached document and place the #3 by that information on the attached document. 31

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34 AUTISM ELIGIBILITY DEFINITION Autism: A developmental disability significantly affecting verbal and nonverbal communicating and social interaction, that adversely affects a child's educational performance. Other characteristics which may be associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. Essential features are typically but not necessarily manifested before age three. Autism may include autism spectrum disorders such as but not limited to autistic disorder, pervasive developmental disorder-not otherwise specified, and Asperger's syndrome. ELIGIBILITY For the disability categories below, subsection (a) sets forth the evaluation that shall be conducted, subsection (b) sets forth the minimum criteria the child shall meet and subsection (c) sets forth the requirements that the team shall determine whether a child needs special education or EI/ECSE services. Autism Spectrum Disorder: 1. If a child is suspected of having an autism spectrum disorder, the following evaluation shall be conducted: A. A developmental profile that describes the child's historical and current characteristics that are associated with an autism spectrum disorder as described in the following subsection of this rule; B. At least three observations of the child's behavior one of which involves direct interactions with the child. The observations shall occur in multiple environments, on at least two different days, and be completed by one or more licensed professionals knowledgeable about the behavioral characteristics of autism spectrum disorder. C. An assessment of communication to address the communication characteristics of autism spectrum disorder which includes but is not limited to measures of language semantics and pragmatics completed by a speech and language pathologist licensed by a State Board of Examiners in Speech Pathology and Audiology or the Teacher Standards and Practices Commission; D. A medical statement or a health assessment statement indicating whether there are any physical factors that may be affecting the child's educational performance; E. An assessment using an appropriate behavior rating tool or an alternative assessment 33

35 instrument that identifies characteristics associated with an autism spectrum disorder. F. Assessments to determine the impact of the suspected disability: (1) On the child's educational performance for a school-age child; or (2) On the child's developmental progress for a preschool child; and G. Additional evaluations for assessments that are necessary to identify the child's educational needs. 2. For a child suspected of having an autism spectrum disorder, the child shall meet all of the following minimum criteria: A. The team shall have documented evidence that the child demonstrates all of the behaviors in the following subsection. Each of these behaviors shall be: (1) Characteristic of an autism spectrum disorder; (2) Inconsistent or discrepant with the child's development in other areas; and (3) Documented over time and/or intensity. B. The child shall exhibit the following: (1) Impairments in communication; (2) Impairments in social interaction; (3) Patterns of behavior, interests, and/or activities that are restricted, repetitive, or stereotypic; and (4) Unusual responses to sensory experiences. 3. For a child to be eligible for special education or EI/ECSE services as a child with an autism spectrum disorder, the child's team shall determine that: A. The child's disability has an adverse impact: (1) On the child's educational progress for a school-age child; or (2) On the child's developmental progress for a preschool child; and B. The child needs special education services or, for a preschool child, EI/ECSE services, as a result of the disability. 4. A child may not be eligible for special education services on the basis of an autism spectrum disorder if the child's primary disability is an emotional disturbance as set forth in a prior section of this rule. However, a child with autism spectrum disorder as a primary disability may also have an emotional disturbance as a secondary disability. 34

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37 HEARING IMPAIRED ELIGIBILITY DEFINITION Hard of Hearing: A hearing condition, whether permanent or fluctuating, that adversely affects a child's educational performance. The term includes those children who are hard of hearing or deaf. Deafness: A hearing impairment which is so severe that the child's hearing, with amplified sound, is nonfunctional for the purposes of educational performance; ELIGIBILITY Determination criteria: If a child is suspected of having a hearing impairment, the following evaluation shall be conducted: An audiological assessment by an audiologist licensed by a State Board of Examiners in Speech Pathology and Audiology. A medical statement or a health assessment statement indicating whether the hearing loss, if conductive, is treatable and whether the use of amplification is contra-indicated; Assessments to determine the impact of the suspected disability; 1. On the child's educational performance for a school-age child; or 2. On the child's developmental progress for a preschool child; and Additional evaluations or assessments that are necessary to identify the child's educational needs. For a child suspected of having a hearing impairment, the child shall meet one of the following minimum criteria: The child has a pure tone average loss of 25 dbhl or greater in the better ear for frequencies of 500 HZ, 1000 Hz, and 2000 Hz, or a pure tone average loss of 35 dbhl or greater in the better ear for frequencies of 3000 Hz, 4000 Hz, and 6000 Hz; or The child has a unilateral hearing impairment with a pure tone average loss of 50 dbhl or greater in the affected ear for the frequencies 500 Hz to 4000 Hz; and The loss is either sensor neural or conductive if the conductive loss has been determined to be currently untreatable by a physician. 36

38 For a child to be eligible for special education services or EI/ECSE services as a child with a hearing impairment, the child's IEP team shall determine that: The child's disability has an adverse impact: 1. On the child's educational performance for a school-age child; or 2. On the child's developmental progress for a preschool child; and The child needs special education services or, for a preschool child, EI/ECSE services, as a results of the disability. 37

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40 DEAFBLINDNESS ELIGIBILITY DEFINITION Deafblind: Having both hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational problems that the child cannot be accommodated in special education programs designed solely for students having hearing or visual impairments; Deafness: A severe hearing impairment in which processing linguistic information through hearing alone is not adequate with or without amplification. Educational performance is adversely affected. Blindness: A severe sight impairment in which processing visual stimulation through sight alone is not adequate with or without corrective lenses. ASSESSMENT Hearing: Assessment procedures for hearing impaired students are described in the Hearing Impaired Eligibility section of this book. Vision: Assessment procedures for vision impaired students are described in the Visually Impaired Eligibility section of this book. ELIGIBILITY DETERMINATION CRITERIA Eligibility: If a child is suspected of having deafblindness, the child shall be evaluated using the minimum evaluation procedures. For a child suspected of having deafblindness, the child shall meet one or more of the following minimum criteria: The child meets the minimum criteria for both vision impairment and hearing impairment; or The child meets the minimum criteria for either vision impairment or hearing impairment of sections and demonstrates inconsistent or inconclusive responses to an assessment of the other sensory area. If the child demonstrates inconsistent or inconclusive responses in an assessment of the other sensory area, a functional assessment must be administered by a state licensed educator of the haring impaired or an audiologist licensed by a State Board of Examiners in Speech Pathology and Audiology; or The child meets the minimum criteria for either vision impairment or hearing impairment and has a degenerative disease or pathology that affects the acuity of the other sensory area. 39

41 For a child to be eligible for special education or EI/ECSE services as a child having deafblindness, the child's IEP team shall determine that: The child's disability has an adverse impact: 1. On the child's educational performance for a school-age child; or 2. On the child's developmental progress for a preschool child; and The child needs special education services or, for a preschool child, EI/ECSE services, as a result of the disability. For legal reference see the Oregon Administrative Rules. 40

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43 EMOTIONALLY DISTURBED ELIGIBILITY DEFINITION Emotional Disturbance: A condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child's educational performance: An inability to learn that cannot be explained by intellectual, sensory, or health factors; An inability to build or maintain satisfactory interpersonal relationships with peers and teachers; Inappropriate types of behavior or feelings under normal circumstances; A general pervasive mood of unhappiness or depression; or A tendency to develop physical symptoms or fears associated with personal or school problems; The term includes schizophrenia but does not apply to children who are socially maladjusted, unless it is determined that they have an emotional disturbance. ELIGIBILITY Determination Criteria: If a child is suspected of having an emotional disturbance, the following evaluation shall be conducted: An evaluation of the child's emotional and behavioral status, including a developmental or social history, when appropriate; A medical statement or a health assessment statement indicating whether there are any physical factors that may be affecting the child's educational performance; The completion of at least two behavior rating scales, at least one of which is a standardized behavior measurement instrument; An observation in the classroom and in at least one other setting by someone other than the child's regular teacher; Assessments to determine the impact of the suspected disability; 1. On the child's education performance for a school-age child; or 2. On the child's developmental progress for a preschool child; and 42

44 Additional evaluations or assessments that are necessary to identify the child's educational needs. For a child suspected of having an emotional disturbance, the child shall meet the following minimum criteria: The child's emotional or behavioral problems shall have existed over an extended period of time; and The child exhibits one or more of the following: 1. An inability to learn at a rate commensurate with the child's intellectual, sensory-motor, and physical development; 2. An inability to establish or maintain satisfactory inter-personal relationships with peers, parents, or teachers; 3. A variety of excessive behavior ranging from hyperactive and impulsive responses to depression and withdrawal; 4. Inappropriate types of behavior or feelings under normal circumstances; or 5. A tendency to develop physical symptoms, pains, or fears associated with personal, social, or school problems. For a child to be eligible for special education services as a child with a serious emotional disturbance, the child's IEP team shall determine that: The child's disability has an adverse impact; 1. On the child's educational performance for a school-age child; or 2. On the child's developmental progress for a preschool child; and The child needs special education services as a result of the disability. A child who is socially maladjusted may not be identified as having an emotional disturbance unless the child also meets the minimum criteria under this rule. For legal reference see the Oregon Administrative Rules. 43

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46 SPECIFIC LEARNING DISABILITY ELIGIBILITY DEFINITION Specific Learning Disability: A disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which may manifest itself in an imperfect ability to listen, think, speak, read, write, spell or do mathematical calculations. Specific learning disability includes conditions such as perceptual disabilities, brain injury, dyslexia, minimal brain dysfunction, and developmental aphasia. The term does not include learning problems which are primarily the result of visual, hearing, or motor disabilities, mental retardation, emotional disturbance, or environmental, cultural, or economic disadvantage. ELIGIBILITY Determination Criteria: If a child is suspected of having a specific learning disability, the following evaluation shall be conducted: An observation by a team member other than the child's regular teacher of the child's academic performance in a regular classroom setting; or in the case of a child less than school age or out of school, an observation by a team member conducted in an age-appropriate environment. A developmental history, if needed; An assessment of intellectual ability; Other assessments of the characteristics of learning disabilities if the child exhibits impairments in any one or more of the following areas: cognition, fine motor, perceptual motor, communication, social or emotional, and perception or memory. These assessments shall be completed by specialists knowledgeable in the specific characteristics being assessed; A review of cumulative records, previous individualized education programs or individualized family service plans and teacher collected work samples; If deemed necessary, a medical statement or health assessment statement indicating whether there are any physical factors that may be affecting the child's educational performance; Assessments to determine the impact of the suspected disability: 1. On the child's education performance for a school-age child; or 2. On the child's developmental progress for a preschool child; and Additional evaluations or assessments that are necessary to identify the child's educational needs. 45

47 For a child suspected of having a specific learning disability, the child shall meet all of the following minimum criteria: The child does not achieve commensurate with his or her age and ability levels in one or more of the areas of this rule when provided with learning experiences appropriate for the child's age and ability levels; The child has a severe discrepancy between intellectual ability and achievement in one or more of the following areas: 1. Oral expression; 2. Listening comprehension; 3. Written expression; 4. Basic reading skills; 5. Reading comprehension; 6. Mathematics calculation (when appropriate, includes general readiness skills); or 7. Mathematics reasoning; and The child's severe discrepancy between ability and achievement is not primarily the result of: 1. A visual, hearing, or motor impairment; 2. Mental retardation; 3. Emotional disturbance; or 4. Environmental, cultural, or economic disadvantage. For a child to be eligible for special education services as a child with a specific learning disability, the child's IEP team shall determine that: The child's disability has an adverse impact: 1. On the child's educational performance for a school-age child; or 2. On the child's developmental progress for a preschool child; and The child needs special education services or, for a preschool child, EI/ECSE services, as a result of the disability. For legal reference see the Oregon Administrative Rules. 46

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49 OTHER HEALTH IMPAIRED ELIGIBILITY DEFINITION Other Health Impairment: Limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli that results in limited alertness with respect to the educational environment, that is due to chronic or acute health problems (e.g. a heart condition, tuberculosis, rheumatic fever, nephritis, asthma, sickle cell anemia, hemophilia, epilepsy, lead poisoning, attention deficit disorder, attention deficit hyperactivity disorder, leukemia, or diabetes, and adversely affects a child's educational performance. ELIGIBILITY Determination Criteria: If a child is suspected of having other health impairment, the following evaluation shall be conducted: A medical statement or a health assessment statement, indicating a diagnosis of a health impairment or a description of the impairment, and a statement that the child's condition is permanent or is expected to last for more than 60 calendar days; Assessments to determine the impact of the suspected disability: 1. On the child's education performance for a school-age child; or 2. On the child's developmental progress for a preschool child; and Additional evaluations or assessments that are necessary to identify the child's educational needs. For a child suspected of having an other health impairment, the child shall meet all of the minimum criteria: The child's condition shall be permanent or expected to last for more than 60 calendar days; and The child's condition adversely affects the school-age child's educational performance or preschool child's developmental progress. For a child to be eligible for special education services as a child with health impairment, the child's IEP team shall determine that: The child's disability has an adverse impact: 1. The child's educational performance for a school-age child; or 2. On the child's developmental progress for a preschool child; and 48

50 The child needs special education services or, for a preschool child, EI/ECSE services, as a result of the disability. For legal reference see the Oregon Administrative Rules. 49

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52 VISUAL IMPAIRMENT ELIGIBILITY DEFINITION Visual Impairment: A visual impairment which, even with correction, adversely affects a child's educational performance. The term includes those children who are partially sighted or blind. ELIGIBILITY DETERMINATION CRITERIA If a child is suspected of having a vision impairment, the following evaluation shall be conducted: A medical statement by an ophthalmologist or optometrist licensed by a State Board of Examiners indicating that the child has a vision impairment; Assessments to determine the impact of the suspected disability: 1. On the child's educational performance for a school-age child; or 2. On the child's developmental for a preschool child; and Additional evaluations or assessments that are necessary to identify the child's educational needs, including a functional assessment of the child's residual visual acuity or field of vision. For a child suspected of having a vision impairment, the child shall meet one or more of the following minimum criteria: The child's residual acuity is 20/70 or less in the better eye with correction; The child's visual field is restricted to 20 degrees or less in the better eye; The child has an eye pathology or a progressive eye disease which in the opinion of the ophthalmologist is expected to reduce either residual acuity or visual field; The assessment results of a licensed ophthalmologist or optometrist are inconclusive, or the child demonstrates inadequate use of residual vision. For a child to be eligible for special education services as a child with vision impairment, the child's IEP team shall determine that: 51

53 The child's disability has an adverse impact: 1. On the child's educational performance for a school-age child; or 2. On the child's developmental for a preschool child; and The child needs special education services or, for a preschool child, EI/ECSE services, as a result of the disability. For legal reference see the Oregon Administrative Rules. 52

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55 COMMUNICATION DISORDER DEFINITION Communication Disorder (Speech and Language Impairment): The impairment of speech articulation, voice, fluency, or the impairment or deviant development of language comprehension and/or expression, or the impairment of the use of spoken or other symbol system that adversely affect educational performance. The language impairment may be manifested by one or more of the following components of language: morphology, syntax, semantics, phonology, and pragmatics. ELIGIBILITY DETERMINATION CRITERIA If a child is suspected of having a communication disorder, the following evaluation shall be conducted: A speech and language assessment administered by a speech and language pathologist, licensed by a State Board of Examiners in Speech Pathology and Audiology or the Teacher Standards and Practices Commission, including; A. When evaluating syntax, morphology, semantics or pragmatics, a representative language sample and comprehensive standardized tests that assess expression and comprehension; B. When a voice disorder is suspected, a voice assessment scale; and C. When a fluency disorder is suspected, an observation in at least two settings; For a child suspected of having a voice disorder, a medical statement by an otolaryngologist licensed by a State Board of Medical Examiners. For other than a voice disorder, if a medical or health diagnosis is needed, a medical statement or a health assessment statement describing relevant medical issues; An evaluation or screening of the child's hearing acuity and, if needed, a measure of middle ear functioning; An evaluation of the child's oral mechanism, if needed; Assessments to determine the impact of the suspected disability: 1. On the child's educational performance for a school-age child; or 2. On the child's developmental progress for a preschool child; and Additional evaluations or assessments that are necessary to identify the child's educational needs. 54

56 For a child suspected of having a specific communication disorder, the child shall meet the following minimum criteria: Voice disorder: 1. The child demonstrates chronic vocal characteristics that deviate in at least one of the areas of pitch, quality, intensity or resonance; 2. The child's voice disorder impairs communication or intelligibility; and 3. The child's voice disorder is rated as moderate to severe on a voice assessment scale. Fluency disorder: 1. The child demonstrates an interruption in the rhythm or rate of speech which is characterized by hesitations, repetitions, or prolongations of sounds, syllables, words or phrases; 2. The child has a fluency disorder that interferes with communication and calls attention to itself across two or more settings; and 3. The child demonstrates moderate to severe vocal dysfluencies or the child evidences associated secondary behaviors, such as struggling or avoidance as measured by a standardized measure. Phonological or articulation disorder: 1. The child's phonology or articulation is rated significantly discrepant as measured by a standardized test; and 2. The disorder is substantiated by language sample or other evaluation(s). Syntax, morphology, pragmatic or sematic disorder: 1. The child's language in the area of syntax, morphology, semantics or pragmatics is significantly discrepant as measured by standardized test(s); and 2. The disorder is substantiated by a language sample or other evaluation(s); 3. For a child to be eligible with a syntax, morphology, pragmatic or semantic disorder, the disorder is not the result of another disability. For a child to be eligible for special education or EI/ECSE services as a child with a communication disorder, the child's team shall determine that: The child's disability has an adverse impact: 1. On the child's educational performance for a school-age child; or 2. On the child's developmental progress for a preschool child; and 55

57 The child needs special education services or, for a preschool child, EI/ECSE services, as a result of the disability. For legal reference see the Oregon Administrative Rules. 56

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59 MENTAL RETARDATION ELIGIBILITY DEFINITION Mental Retardation: Significantly sub average general intellectual functioning, and includes a student whose intelligence test score is two or more standard deviations below the norm on a standardized individual intelligence test, existing concurrently with deficits in adaptive behavior and manifested during the developmental period, and that adversely affects a child's educational performance. ELIGIBILITY DETERMINATION CRITERIA If a child is suspected of having mental retardation, the following evaluation shall be conducted: An individually administered standardized intelligence test meeting the reliability and validity standards of the American Psychological Association and administered by a licensed school psychologist, a psychologist licensed by a State Board of Psychological examiners, or other individual who had the training and experience to administer and interpret individually administered intelligence tests; The administration of a valid adaptive behavior scale; A medical statement or a health assessment statement indicating whether there are any sensory or physical factors that may be affecting the child's educational performance; A developmental history of the child; Assessment to determine the impact of the suspected disability: 1. On the child's educational performance for a school-age child; or 2. On the child's developmental progress for a preschool child; and Additional evaluations or assessments that are necessary to identify the child's educational needs. For a child suspected of having mental retardation, the child shall meet all of the following minimum criteria: The child's intelligence test score is 2 or more standard deviations below the mean; The child has deficits in adaptive behavior coexisting with the child's impairment in intellectual functioning; The child's developmental level or educational achievement is significantly below age or grade norms; and 58

60 The child's developmental or educational problems are not primarily the result of sensory disabilities or other physical factors. For a child to be eligible for special education services as a child with mental retardation, the child's team shall determine that: The child's disability has an adverse impact: 1. In the child's educational performance for a school-age child; or 2. On the child's developmental progress for a preschool child; and The child needs special education services or, for a preschool child, EI/ECSE services, as a result of the disability. 59

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62 ORTHOPEDIC IMPAIRMENT ELIGIBILITY DEFINITION Orthopedic Impairment: A motor disability that adversely affects the child's educational performance. The term includes impairments caused by an anomaly, disease or other conditions (e.g. cerebral palsy, spinal bifida, muscular dystrophy or traumatic injury.) ELIGIBILITY DETERMINATION CRITERIA If a child is suspected of having an orthopedic impairment, the following evaluation shall be conducted: A medical statement or a health assessment statement indicating a diagnosis of an orthopedic or neuromotor impairment or a description of the motor impairment. A standardized motor assessment, including the areas of fine motor, gross motor and self-help, when appropriate, by a specialist knowledgeable about orthopedic or neuromotor development; Assessments to determine the impact of the suspected disability: 1. On the child's educational performance for a school-age child; or 2. On the child's developmental progress for a preschool child; and Additional evaluations or assessments that are necessary to identify the child's educational needs. For a child suspected of having an orthopedic impairment, the child shall meet all the following minimum criteria: The child has a motor impairment which results in deficits in the quality, speed or accuracy of movement. These deficits must be documented by a score of two or more standard deviations below the mean in one or more of the three motor areas set forth in the previous subsection of this rule, or functional deficits in at least two of the three motor areas; and The child's condition is permanent or expected to last for more than 60 calendar days. For a child to be eligible for special educational services as a child with an orthopedic impairment, the child's team shall determine that: The child's disability has an adverse impact: 1. On the child's educational performance for a school-age child; or 61

63 2. On the child's developmental progress for a preschool child; and The child needs special education services or, for a preschool child, EI/ECSE services, as a result of the disability. 62

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65 TRAUMATIC BRAIN INJURY ELIGIBILITY DEFINITION Traumatic Brain Injury: An acquired injury to the brain caused by an external physical force resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child's educational performance. The term includes open or closed head injuries resulting in impairments in one or more areas, including cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech. The term does not include brain injuries that are congenital or degenerative, or brain injuries induced by birth trauma. ELIGIBILITY DETERMINATION CRITERIA If a child is suspected of having a traumatic brain injury, the following evaluation shall be conducted: A medical statement or a health assessment statement indicating that an event may have resulted in a traumatic brain injury. A comprehensive psychological assessment using a battery of instruments intended to identify deficits associated with a traumatic brain injury administered by a licensed school psychologist, a psychologist licensed by a State Board of Psychological Examiners, or other individuals who have the training and experience to administer and interpret the tests within the battery; Other assessments including, but not limited to, motor assessments if the child exhibits motor impairments; communication assessments if the child exhibits communication disorders; and psychosocial assessments if the child exhibits changed behavior. These assessments must be completed by educators knowledgeable in the specific area being assessed; Other information relating to the child's suspected disability, including pre-injury performance and a current measure of adaptive ability; An observation in the classroom and in at least one other setting; Assessments to determine the impact of the suspected disability: 1. On the child's educational performance for a school-age child; or 2. On the child's developmental progress for a preschool child; and Additional evaluations or assessments that are necessary to identify the child's educational needs. 64

66 For a child suspected of having a traumatic brain injury, the child's condition shall be permanent or expected to last for more than 60 calendar days. For a child to be eligible for special education services as a child with a traumatic brain injury, the child's IEP team shall determine that: The child's disability has an adverse impact: 1. On the child's educational performance for a school-age child; or 2. On the child's developmental progress for a preschool child; and The child needs special education services or, for a preschool child, EI/ECSE services, as a result of the disability. For legal reference see the Oregon Administrative Rules. 65

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68 LEARNING RESOUCE CENTER DESCRIPTION Resource Center Services provide instructional services to students on a non-categorical basis. Students with disabilities, served by the Resource Center teacher, spend part or all of their day in a regular classroom. The amount of service is determined by the IEP team. The minimum amount of service is 30 minutes per week. Instruction is provided in small groups or individually. This instruction may be provided on an "in-class" or a "pull-out" basis. Supported education assistants provide program reinforcement under the supervision of the Resource Center teacher. Curriculum The Resource Center curriculum consists of individualized programs for approaches agreed upon by the parents and the IEP team and is designed to meet the unique needs of each eligible student. Curriculum areas generally include, but are not limited to, reading, writing, math, problem-solving, study skills, and communication. Some students receive behavioral, social skills or functional skills training when appropriate. A variety of methods and materials are utilized in order to maximize each student's rate of learning. Students Served The Resources Center program serves students on IEP's. Services are provided as described in each student's IEP. ROLE OF RESOURCE TEACHER The Resource Teacher: Is case manager for all students (excluding special classes) receiving special education services in the building. Is a member of the building TAT or CARE team; Assesses students referred for possible special education eligibility in the academic areas. Provides instruction to eligible students; Provides consultation as needed with building staff; Completes forms and procedures as required be federal, state, and district special education regulations in a timely and appropriate manner. 67

69 It is the responsibility of the Resource Teacher to make sure: Individualized Education Programs have annual goals and objectives that are measurable and directly related to the general curriculum. Instruction is designed specially to meet the objectives on the IEP. Evaluation techniques are scheduled, conducted, and recorded to determine each student's achievement of the short-term objectives. Appropriate classroom management techniques are utilized. Expectations of acceptable small group/individual behavior are clear. Acceptable student behavior is consistent with the building norm. Acceptable behavior is positively reinforced. Unacceptable behavior results in appropriate consequences. Specific behavioral programs are developed when needed. Instruction and materials are available within the Learning Resource Center and for general education teachers, using a variety of techniques which focus on the student's preferred individual learning styles. Instructional approaches utilize current educational "best practices" techniques. Communication between the Resource Teacher, parents and building staff occurs at regular intervals. Assessments for special education eligibility are completed in a timely manner. The Resource Teacher utilizes consultation skills in working with the student, parents, and staff. 68

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71 BILINGUAL SPECIAL EDUCATION DESCRIPTION When a bilingual or limited English proficient student is referred because of a suspected disability, following the procedures below will assure that the language issues are clearly separated from the characteristics of the possible disability. INTERVENTION PROCEDURES NOTE: The following steps refer to a process for possible special education services and should not be confused with English As A Second Language (ESL) Levels 1-4. Language Acquisition Step I This step focuses on the language needs and skills of the student in the primary and second language. Assessment and intervention focuses on developing the student's language. Step II This step focuses on the academic curriculum demands and the student's ability to learn academic work. Assessment and intervention focus on developing the language skills necessary to perform the academic work, analysis of the academic tasks and area to be learned, or the adaptations needed to assist the students learning while the language skills are being acquired. Assessment Step III This step focuses on the student's ability to learn and the patterns of deficits, delays, and/or learning behaviors that can interfere or prevent the student from learning. Assessment is more criterion than normative based and can include ability testing through learning rate, perceptual screening, skill analysis, and further language testing. It may involve information about the student's developmental, medical, educational, adaptive, social, emotional, family, cultural status and history. Step IV This step focuses on the student's need to learn to compensate and/or learn through alternate methods that focus on how to learn rather than what to learn. The assessment and data gathering focuses on normative 70

72 rather than criterion instruments and an eligibility under IDEA criteria. The intervention focuses on techniques to compensate or accommodate to the identified learning needs caused by health, ability, language, physical behavioral, social or emotional problems. Data gathering can include: Norm referenced intelligence, achievement, language, behavior, social, emotional, or physical tests. Process For Bilingual-Multicultural Intervention Step I This step focuses on the language needs and skills of the student in the primary and second language. Assessment and intervention focuses on developing the student's language. The classroom teacher and the building staff have primary responsibility at this step. Contact the building ESL teacher if additional help is needed. Process: 1. Determine language dominance and proficiency levels using Language Assessment Scales (LAS); 2. Adapt instructional approaches and explore instructional alternatives to incorporate specific second language teaching strategies; 3. After three months, evaluate interventions consulting with bilingual program staff if necessary; 4. Continue with appropriate second language teaching strategies or proceed to STEP II. Step II This step focuses on the academic curriculum demands and the students skills in mastering academic work. Assessment and intervention focus on developing the language skills necessary to perform the academic work, analysis of the academic tasks and areas to be learned, or the adaptations needed to assist the students learning while the language skills are being acquired. Process: 1. Identify and define problem; 2. Develop an intervention plan which may include adapted text, skill training, appropriate second language teaching strategies and first language instructional support; 3. Evaluate intervention after three months; 4. If problem is not resolved, refer to building TAT or CARE team or proceed to STEP III. 71

73 Step III This step provides a case study/assessment focus, specifically examining student's ability to learn and the patterns of deficits, delays, and/or learning behaviors that can interfere or prevent the student from learning. Assessment is more criterion than normative based and can include ability testing through learning rate, perceptual screening, skills analysis, and further language testing. It may involve information about the student's developmental, medical, educational, adaptive, social, emotional, family, cultural status and history. Process: 1. TAT/CARE teams select a case manager for the student and designate a student support team; 2. Review the problem; 3. Review data collected in Steps I and II; 4. Employ data gathering procedures to collect language, medical, developmental, cultural, educational, and family history; 5. Review adaptive behaviors: social, personal and motor; 6. Review assessment on criterion level; 7. Develop descriptive intervention plan; 8. Evaluate intervention plan after three months; 9. Resolve problem by recommending further bilingual interventions or consideration for referral for special education. Step IV This step is a special education focus and places emphasis on the student's need to learn to compensate and/or learn through alternative methods that focus on how to learn rather than what to learn. The assessment and data gathering focuses on normative rather than criterion instruments and eligibility criteria for services as student with a disability. The intervention focuses on techniques to compensate or accommodate to the identified learning needs caused by health, ability, language, physical, behavioral, social or emotional problems. Process: 1. Refer student to evaluation planning IEP team; 2. Refer student to E.S.D. for a multi-cultural special education eligibility assessment; 3. Obtain parent consent for evaluation; 4. Evaluate using multidisciplinary team (including ESL teacher); 72

74 5. Determine eligibility for special education services; 6. Develop IEP or personal education plan as appropriate; 7. Determine placement, if eligible for special education. Factors Influencing Circumvention of Steps I, II, & III To go directly to a special education referral, and to circumvent the first three steps, the TAT/CARE team, together with the ESL teacher, need to review the data and to reach a consensus that the indicators are either intense, extensive or significant enough. The indicators for circumvention are: 1. Language 2. Ability * Pace of vocabulary; * Medical history of prenatal or neonatal difficulties; * Low mean length utterances in both languages; * Communicative difficulties in the home; * Continued delay in both languages over time; * Language delay in the presence of other difficulties; * Speech distortions; * Speech dysfluencies; * Difficulties in performing oral-motor movements; * Significant variability in strength and weaknesses; * A rate of learning that is 70 percent or less of expectation for age or content level; * Documented data indicating learning or adaptive behavior levels within the range of mental retardation; * Personal and social behavior that is 70 percent or less of expected age level behavior; * A case history which indicates developmental delays in language,,motor, and personal behaviors since infancy or early preschool time; * A profile of consistent and even skill levels which are significantly below age level. 73

75 3. Neurological Dysfunction * A pattern of orientation, language, visual-spatial, and/or auditory processing that is demonstrated by left-right confusion, inability to attend or concentrate, poor eye-hand coordination or language retardation; * Brain trauma such as concussions, unconsciousness, coma, brain tumorencephalitis; * Medical history of brain trauma, seizure disorders, cerebral palsy, encephalitis, paralysis or brain tissue damage. 4. Developmental and/or Medical History * Delay in gross and fine motor skills; * Delay in language or motor skills; * History of prenatal, birth and/or post natal trauma; * APGAR scores below 5; * Seizure disorders, encephalitis, cerebral palsy, vision, hearing, or other health conditions that interfere with learning; * Nutritional, failure to thrive, food depravation situations; * Physical, emotional, and/or sexual abuse that intrudes into current functioning and/or inhibits normal development. 5. Cultural/Immigrant * Trauma associated with refugee status; * Mobility and geographic relocations that interfere with consistent educational experiences; * Immigrant Migrant status factors which would effect educational progress. Note: For process refer to E.S.D. Education Evaluation Center after consultation with ESL teacher and assessment center staff. CULTURAL SENSITIVITY General information about cultures that differ from one's own is essential to overall awareness and understanding of cultural differences; however, it may also be helpful for school personnel to have very specific information related to cultural views of children and child rearing practices, family roles and structure, views of 74

76 disability and its causes, health and healing practices, and views of change and intervention. A cardinal rule in working with all families is to make no assumptions about their concerns, priorities and resources. Guidelines for the Home Visitor Gathering a Case History About The Student Family Structure Family Composition 1. Who are the members of the family system? 2. Who are the key decision makers? 3. Is decision making related to specific situations? 4. Is decision making individual or group oriented? 5. Do family members all live in the same household? 6. What is the relationship of friends to the family system? 7. What is the hierarchy within the family? Is status related to gender or age? Primary Caregiver(s) 1. Who is the primary caregiver? 2. Who else participates in the caregiving? 3. What is the amount of care given by mother versus others? 4. Is there conflict between caregivers regarding appropriate practices? 5. What issues impinge upon general caregiving? (Example: housing, jobs, etc.) Families Response to Disobedience and Aggression 1. What are the parameters of acceptable child behavior? 2. What form does the discipline take? 3. Who metes out the disciplinary action? Family Perceptions and Attitudes Family perception of child's disability 1. Are there cultural or religious factors that would shape daily perceptions? 2. To what/where/whom does the family assign responsibility for their child's disability? 75

77 3. How does the family view the role of fate in their lives? 4. How does the family view their role in intervening with their child? 5. Do they feel they can make a difference or do they consider it hopeless? Family's perception of health and healing 1. What is the family's approach to medical needs? 2. Do they rely solely on Western medical services? 3. Do they relay on holistic approaches? 4. Do they utilize a combination of these approaches? 5. Who is the primary medical provider or conveyer of medical information? Family member? Elders? Friends? Folk healers? Family doctor? Medical specialists? Family's perception of help-seeking and intervention 1. From whom does the family seek help--family members or outside agencies/individuals? 2. Does the family seek help directly or indirectly? 3. What are the general feelings of the family when seeking assistance -- ashamed, angry, demand as a right, view as unnecessary? 4. With which community systems does the family interact (educational/medical/social)? 5. How are these interactions completed (face to face, telephone, letter)? 6. Which family member interacts with other systems? Language and Communication Styles Language 1. To what degree: * Is the home visitor proficient in the family's language? *Is the family proficient in English? 2. If an interpreter is used: * With which culture is the interpreter primarily affiliated? * Is the interpreter familiar with the colloquialisms of the family members' country or region or origin? 76

78 * Is the family member comfortable with the interpreter? Would the family member feel more comfortable with an interpreter of the same sex? 3. If written materials are used, are they in the family's native language? 4. Interaction styles * Does the family communicate with each other in a direct or indirect style? SCREENING PROCESS FOR LIMITED ENGLISH SPEAKING This screening process is designed to help school teams decide if a Limited English Speaking student should be referred to the Linn-Benton-Lincoln ESD Evaluation Center for a complete assessment regarding possible eligibility for special education. This information must be submitted with a request for testing (Referral for Multicultural Assessment Form) to the Assessment Center regarding an ESL student. Note: For this screening process, we are defining TAT or CARE team as a group of school staff members who meet to discuss a student. The teams may be made up of a combination of the following: Classroom teacher, special education teacher, speech/language pathologist, counselor, behavior management consultant, ESL teacher, ESL instructional assistant, Migrant Education teacher, last year's teacher, or others. The team membership will vary with the student needs and the district personnel. For the purpose of this screening process, the team will be called "Teacher Assistance Team" and will be abbreviated as TAT. District screening process for Limited English Speaking students who may be referred to the Linn-Benton- Lincoln ESD Evaluation Center for Assessment regarding eligibility for special education. Determine case manager; Give the Language Assessment Scale (LAS) or some similar short measure of English and second language. If the LAS was given several months ago, give it again as a post test for growth; Cumulative record review of school history and attendance history. If the above information suggests the possibility of a disability an IEP team would convene to plan and obtain consent for an evaluation. 77

79 STEP ACTIVITY RESOURCES I. Bilingual Language Assessment* 1. Determine language dominance through LAS test. 2. Design case manager. Consult on student needs for adapting the instructional approaches and developing an ESL or Bilingual program. 3. Identify appropriate classroom placement, i.e. amount of time in regular classroom. 1. Classroom teacher, ESL teacher 2. Building TAT/CARE team including ESL teacher 3. ESL teacher and classroom teacher Proceed to Step II if learning problems other than second language are indicated. II. Assessments of Learning Skills* 4. Initiate referral, obtain consent for assessment. (Assess the academic, perceptual and language skills.) 5. Collect comprehensive case history data: include health, cultural, language, educational. 6. Call for consultation to determine learning rate and profiles, and to develop the educational program. 7. Establish need for further testing for eligibility. 4. Building team including: Resource teacher, ESL teacher, speech and language specialist. 5. ESL teacher, counselor, classroom teacher. 6. Assessment Center Staff. 7. Building TAT/CARE team, school psychologist, ESL teacher, classroom teacher. III. eligibility Determination Consult on specific assessment plan for suspected or documented conditions: MR, TBI, autism, OHI, vision, ED, hearing, etc. 8. Assess for eligibility incorporating steps 1-5 above. 9. Determine eligibility 8 & 9 Building IEP team, ESD Education Evaluation Center Staff, Assessment Center Staff. *Begin at Step III when the Multidisciplinary Team and the ESL teacher agree that the student's needs indicate extensive evaluation and/or Services. 78

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81 SPECIAL TRANSPORTATION SCHOOL OF CHOICE TRANSPORTATION When parents choose to place their child in a school, other than their neighborhood school, the District only provides transportation if transportation is a related service on an IEP for special education students. The district will provide transportation as a related service to the student's neighborhood school; or the program that has been decided on by the IEP team that will provide a free, appropriate public education in the least restrictive environment for the student. Please follow the IEP process to add or remove transportation as a related service. If you have questions regarding this process, contact your building assessment specialist. Inform your parents that bus drivers do not determine or authorize who can or cannot ride their buses and it is not appropriate to ask them to do so. TRANSPORTATION INFORMATION All "special" and "special education" transportation requests, new or revised, need to be submitted in writing, using the Transportation Request Form to the bus garage via the courier, or fax. (This does not include transportation scheduled for programs such as Work Experience, Aquatic Center classes, etc.) Parents have the responsibility to cancel services when the student does not attend school. After five (5) consecutive days of no-shows (i.e., when the student/parents have not canceled the bus and the student does not show up for pick-up, bus transportation will be terminated until (a) the parent/student have met with the teacher, counselor, or principal about the family's responsibilities to cancel transportation when the bus is not needed (due to sickness, appointments, etc.) and (b) a request for reinstatement of transportation services is submitted to the Special Programs Director confirming that 'a', above, has been completed satisfactorily. THE A-B-C-D's OF A BEHAVIOR INTERVENTION PLAN FOR SCHOOL TRANSPORTATION SERVICES (Taken from School Bus Fleet, March 1999) Behavior problems exhibited by students with disabilities are not uncommon on the school bus. According to the reauthorization of the Individuals with Disabilities Education Act, students with special needs who are experiencing behavior problems in any school setting, including the school bus, must have these problems addressed in their Individualized Education Plan. Thus it is becoming increasingly necessary for school districts to write behavior goals and intervention plans specifically for the school bus. 80

82 Behavior IEP's should include the following: Current level of functioning; Statement of annual goals; Short-term objectives Each of these components must be written in objective, measurable terms. Baseline data is essential in determining current levels of functioning. Drivers and monitors are encouraged to keep documentation about students with significant behavior problems in order to help identify and quantify behavior issues. For example, if a student has to be told to sit down seven times, uses profanity five times and has a good ride once over a one-week period, this data can be used to indicate a current level of functioning of "follows school bus rules one out of 10 bus rides." The statement of annual goals represents what the student can reasonably be expected to accomplish in 12 months. For example, an annual goal such as "Follow school bus rules eight out of 10 bus rides" would accomplish safer bus behavior yet allows for realistic expectations. The short-term behavioral objectives should describe the specific behaviors that need to be increased or decreased. Writing behavioral objectives is as easy as "A-B-C-D." "A" refers to your audience; most of the time a phrase such as "the student will be able to..." addresses this need. "B" indicates behavior desired, for example, "...stay in seat..." "C" refers to the conditions for meeting the goal, such as "...for the entire bus ride..." "D" indicates degree of mastery, for example, "...for eight out of 10 bus rides..." Put all four components together: "The student will be able to stay in seat for entire bus ride for eight out of 10 bus rides." You have written a perfectly acceptable behavioral goal. Add the current level of functioning derived from the baseline data and your behavioral objective is complete and measurable. Behavioral verbs to assist in writing behavioral objectives: Apply, Arrange, Classify, Collect, Compare, Construct, Define, Demonstrate, Describe, Read, Graph, Identify, Estimate, Refrain, Use, State, Separate, Report, Record, Organize, Order, Match, Measure, Recite, Relate, Revise, Comply. Typically, only a few of these objectives would be included as part of a more general behavior IEP addressing behavior problems throughout the school setting because it is rare for special-needs students to exhibit behavioral problems on the school bus alone. The following is a sample transportation behavior intervention plan. It indicates those behaviors that are interfering with learning and/or safety, alternative positive behaviors to be increased, intervention strategies, reinforcers and consequences listed could typically be used on one student's intervention plan. School bus issues normally would be addressed with other school-related behavior problems on the same behavior intervention plan. 81

83 TRANSPORTATION BEHAVIOR INTEVENTION PLAN Student: School: School Year: Age: Grade: Duration of Services: Behaviors that interfere with Learning/Safety (circle all that apply) Unsafe out-of seat behavior Refusing to fasten seat belt Using profanity and/or name-calling Unsafe voice volume Aggressive behavior toward property or others Putting objects/body parts out of the bus windows Other: Alternative Behaviors to be Increased: Stay in seat for bus ride out of bus rides. Currently: out of bus rides. Fasten seat belt at first request out of bus rides. Currently: out of bus rides. Comply with staff directions at first request out of times. Currently: out of bus rides. Refrain from using profanity and/or name-calling for entire bus ride out of times. Currently: out of bus rides. Maintain low voice volume for entire bus ride out of times. Currently: out of bus rides. Keeping hands to self for entire bus ride out of bus rides. Currently: out of bus rides. Keep all body parts and/or objects inside the bus for entire bus ride out of times. Currently: out of bus rides. Intervention Strategies (circle all that apply) Frequent reminder of rules Assigned seating Clearly defined limits and expectations of behavior Avoid power struggles and negotiating of consequences Set limits calmly, use neutral tone of voice Be straightforward about inappropriate behavior Give concrete examples of desired behavior Be consistent Provide choices rather than direct commands Assist conflict resolutions with peers Acknowledge appropriate behaviors Reinforce successive approximations of behavior Redirection State instructions simply, one at a time Use of seat belt Use of harness Reinforcers (circle all that apply) Positive notes home Good bus reports Praise Concrete reinforcers (e.g. stickers, certificates) Peer or bus helper Choice of seating Choice of radio station Increased privileges at school Consequences (circle all that apply) Assigned seating Call home Conference with administrator Discipline referral Parent conference Decreased privileges at school Time out from school activities In-school suspension Lunch detention Before or after school detention 82

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85 EXTENDED SCHOOL YEAR DEFINITIONS Self-sufficiency: Critical skills needed to assist the student to function independently in the community or at least achieve the fullest level of independence possible. Objectives that relate directly to daily living in community settings. Extended School Year: The period of time between the close of one academic session and the beginning of another beyond the normal school year. Extended School Year Services: The provision of special education and related services during breaks in services for the purpose of maintaining skills which the student has acquired during the State mandated school year. Extended school year services are provided only if the child s IEP team determines on an individual basis, that services are necessary for the provision of free appropriate public education to the child. ESY services are based on the student's IEP and, therefore, are "student specific" or individualized tailored programs. ESY services are to be at "no cost" to parents. Provision of transportation or the reimbursement for parent transportation is the responsibility of the school district as well as actual costs of the ESY services. Limited Recoupment Capacity: Previously learned skills are not likely to be relearned within a reasonable period of time after an interruption in the school session (e.g. Winter, Spring, and Summer breaks). In making this determination, the IEP team considers data about the student's learning pattern, regression, and relearning rates. Predictive and Other Factors: In making decisions regarding a student's eligibility for ESY services, the IEP team must consider a variety of factors regarding individual students. These may include but aren't limited to such factors as: The probability of future regression; The degree of the student's impairment; The parent's ability to provide educational structure in the home; The student's rate of progress; The student's need for interaction with non-disabled peers; The student's behavioral and physical needs; 84

86 The availability of alternative resources; The areas of the student's curriculum which need continuous attention; The student's vocational needs. Emerging skills, or breakthrough opportunities, that would be lost without extended school year services. Relearning or Recoupment: Recovery of skills on the IEP, to a level demonstrated prior to the interruption in instruction programming when given a reasonable number of instructional days for re-learning to occur. Significant Regression: Decrease in a student's level of proficiency in one or more skills as specified on the IEP when an interruption in instruction occurs, which the student cannot re-learn within a reasonable number of instructional days once school resumes after a break. ESY is to maintain skills not to gain skills. Broad ranges of possibilities exist and should be utilized (example: 1 hour per week for 5 weeks to 2 hours per day 4 times per week for five weeks.) Consideration of ESY services will not be limited to particular categories of disability, and will not be limited to a type, amount or duration of service. NOTE: See the ESY Eligibility packet for specifics regarding documentation. 85

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88 REGIONAL SERVICES HEARING, VISION, SEVERE ORTHOPEDICALLY IMPAIRED, & AUTISM The Cascade Regional Program is one of six regional programs in Oregon established by the legislature in 1983 for the purpose of serving high-need children with low-incidence disabilities. Children with hearing or vision impairments, autism, or severe orthopedic impairments are eligible. Services from a variety of specialists include consultation in such areas as autism and augmentative communication, assistance with evaluation, Braille transcription, and a loan of specialized equipment. Deaf students whose special education needs cannot be met in their neighborhood schools are bused to other schools where they are taught with students from other districts outside Cascade Regional Program. Referrals for Cascade Regional Services can be obtained by contacting the Assessment Center staff serving your building. Completed forms are to be forwarded to the Assessment Center. Generally, in-district specialists will be utilized prior to requesting Cascade Regional Services assistance. 87

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90 OUT OF BUILDING PLACEMENT PROCESS The following process must be used when a local school is considering placement of a student in a Basic Skills Program, Community Living Skills Program, the Therapeutic Learning Center or the Adolescent Therapeutic Learning Center. The student must be eligible for special education and have a current IEP. The IEP team at the neighborhood school determines that the student is not benefiting from the educational program in the neighborhood school, even with supplemental aids and services. The student's case manager contacts the appropriate program specialist. The designated program specialist reviews the information and observes the student in his or her current placement. Following the observation, the program specialist may suggest further interventions. The program specialist will provide program screening forms to the case manager to complete. The case manager initiates an IEP team meeting including the designated program specialist as a member of the team. The team meets to review placement and recommend prioritized options, including out-of-building placement if appropriate. Although the program specialist is knowledgeable about district program options, it is good practice for team members to visit programs about which they are unfamiliar. Parents are invited to visit the recommended placement and arrangements are made by the building case manager. If the team recommends continued placement in the current setting, the program specialist will assist in identifying additional resources and technical assistance on behalf of the school. If the team recommends out-of-building placement, the case manager will contact the parents (if they did not attend the IEP Placement meeting), verbally share the recommendation and send Written Prior Notice of Change of Placement. Prior notice must be accompanied by a Parent's Rights brochure. All information is forwarded to the receiving teacher. Transportation is arranged by the case manager from the neighborhood school. 89

91 STAFF RESPONSIBILITIES The neighborhood school case manager will: Send information on student; Arrange for neighborhood school staff to visit program at least monthly; Case manage all special education meetings (annual review, three-year re-evaluatory placement); Contact parent and send written prior notice (if appropriate.) 90

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93 TRANSITION SERVICES SUMMARY Youths who are transitioning from high school to adult environments will benefit from improved planning, service coordination and interagency collaboration for a seamless, non-interrupted system of service to prepare them for success in their next environment. Background: The Individuals with Disabilities Act Amendments of 1997 (PL ) requires the consideration of transition needs for students beginning at age 14. Key provisions include: Inviting the student to the IEP meeting when transition will be discussed (beginning not later than age 14). Beginning at age 14 or younger and annually thereafter, a statement of the transition service needs that focuses on the child's course of study. Beginning at age 16 or younger a statement of the transition services needed which is defined as: 1. A coordinated set of activities that are designed with an outcome-oriented process, promoting movement from school to post school activities (including post-secondary education, vocational training, integrated employment, adult education, adult services, independent living or community participation); 2. Is based in student needs and takes into account students' interests and preferences; 3. Includes instruction, related services, community experiences, development of employment, adult living objectives and when appropriate acquisition of daily living skills and functional vocation evaluation. Inviting other agency representatives to the IEP who may be responsible for providing or paying for transition services and if they are not able to attend, taking other steps to obtain their participation (typical agencies including, but not limited to: community college, vocational rehabilitation, mental health). If appropriate, a statement of the interagency responsibilities or any needed linkages will also be included. At least one year before a student reaches the age of majority (student reaches the age of 18, or has married or been emancipated, whichever occurs first), a statement will be given to the students, as part 92

94 of the IEP meeting, and documented on the IEP, that the district has informed the student that all procedural rights will transfer at the age of majority. When the student reaches the age of majority, the district will transfer the rights accorded to the student's parents under the special education laws, to the student. GUIDELINES The following guidelines describe a process for determining a change in placement: Review the student's educational program to determine whether or not his/her IEP goals and objectives have been met. Based upon completion of the IEP and other high school requirements, determine if the student is eligible for graduation, or a comparable program of recognition, or should return to complete his/her educational programs. If the IEP committee recommends that the student graduate, a notice of change in placement should be given to the parents, (and student) within a reasonable time for them to make an appropriate response to the proposed action. A student who receives a regular high school diploma is no longer entitled to FAPE. Until January 1, 2006, this rule does not apply to individuals who on August 20, 1999: A. Were not yet 21 years old; B. Had received a regular high school diploma; and, C. Were receiving special education or had an IEP in effect that extended past August 20, If a change of placement will occur for any reason other than graduation with a standard diploma, a reevaluation must be conducted. If a student graduates with a regular diploma they are no longer eligible for special education services. Rule of Thumb Although the impending change of placement is discussed at the IEP meeting, the written notice of change in placement should be sent to the parents and student no later than March of the school year the student is to graduate or leave high school. Notices sent later than April may not give the parents and student enough time to make an appropriate decision. In Oregon, granting a diploma or any other documents of completion is controlled by the local school district. Special or modified diplomas are not equivalent to a diploma because the student has not met all state and district requirements for graduation. Graduation with an alternative document does not terminate eligibility. Whatever the circumstances surrounding a student's leaving high school, every student's educational program should be reviewed by the IEP team prior to the student leaving and written notice of change 93

95 in placement should be given to the parents and student. PURPOSE OF IDEA IDEA clearly states the intent of Congress regarding transition to post-school activities of students who receive special education. The purpose: Ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for employment and independent living. (20 U.S.C.1400) TRANSITION SERVICES DEFINITION Transition services are defined in federal regulations a follows:...a coordinated set of activities for a student with a disability that: Is designed within an outcome-oriented process, that promotes movement from school to post-school activities, including post secondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation; Is based on the individual students' needs, taking into account the student's preferences and interests; and Includes In addition: 1. Instruction; 2. Related services; 3. Community experiences; 4. The development of employment; and other post-school adult living objectives; and 5. If appropriate, acquisition of daily living skills and functional vocational evaluation. 94

96 Transition services for students with disabilities may be special education, if provided as specially designed instruction, or related services, if required to assist a student with a disability to benefit from special education. One of the purposes of this law is to ensure that students with disabilities are prepared for employment and independent living. Transition services are an outcome-oriented process. Services are based on the individual student's needs, taking into account the student's interest and preferences. IEP TEAM PARTICIPATION When the purpose of the IEP meeting is the consideration of transition services, IDEA requires that the IEP meeting notification must indicate the following: (1) For a student with a disability beginning at age 14, or younger, if appropriate, the notice must also-- (i) (ii) Indicate that a purpose of the meeting will be the development of a statement of the transition services needs of the student ; and Indicate that the agency will invite the student. (2) For a student with a disability beginning at age 16, or younger, if appropriate, the notice must-- (i) (ii) (iii) Indicate that a purpose of the meeting is the consideration of needed transition services for the student; Indicate that the agency will invite the student; and Identify any other agency that will be invited to send a representative. In addition, IDEA requires that the public agency shall invite a student with a disability of any age to attend his or her IEP meeting is a purpose of the meeting will be the consideration of (i) (ii) (iii) The student's transition services needs; The needed transition services for the student; or Both. If the student does not attend the IEP meeting, the public agency shall take other steps to ensure that the student's preferences and interests are considered. In implementing the 95

97 requirements, the public agency also shall invite a representative of any other agency that is likely to be responsible for providing or paying for transition services. If an agency invited to send a representative to a meeting does not do so, the public agency shall take other steps to obtain participation of the other agency in the planning of any transition services. Effective practice suggests that the school district may consider the following to obtain student input prior to the meeting: Student interviews and inventories; Family interviews and inventories; Career exploration activities; Vocational aptitude and interest inventories; Situational assessments; and Input from peers and other persons who know the student. Prior to the meeting the parent must give consent for the release of confidential information to the agency representative. It is the school district's responsibility to ensure that parental consent is obtained. School district personnel, after discussions with a student and the student's family concerning student's interest, preferences, and goals for the future, will need to use their experience, professional judgment, and knowledge of the local adult agencies to determine which agencies to invite. Relevant agencies could include: Vocational training programs, Vocational Rehabilitation Division, Office of Developmental Disability Services Job Training Partnership Act providers, Community colleges, four-year colleges and universities, Independent living centers, or Any other agency determined appropriate to provide or pay for transition services for a student with a disability. 96

98 Copies of correspondence with other agencies invited should be included in the student's records to document the invitation. If the agency does not attend, the documentation of other means used to secure their participation in planning should be included in the student's records. Meeting notification should contain information stating that: The purpose of the meetings is to consider transition services; The local education agency (LEA) has invited the student; A representative of any other agency that is likely to provide or pay for transition services has been invited. AGENCY PARTICIPATION The IEP team must identify which agency will provide and pay for each of the transition services listed in the IEP. Specifying the amount of services provided and listing those services to be provided by an agency in the IEP clearly demonstrates the coordination and level of the other agency's commitment to the parents, the student, and other IEP team members. The school district remains responsible for ensuring that the student receives a free appropriate public education (FAPE). Therefore, the district is responsible for ensuring that an agency is providing the services agreed upon in the IEP. Districts may do this in a number of ways. For example, districts may: Hold regularly scheduled meetings between the participating agency and the district; Develop local interagency agreements that describe how the school district and the agency will communicate; Make sure that the agency has the information that is pertinent to their involvement from the IEP document; Communicate with the participating agency through written progress reports; or Make other agreed-upon arrangements that ensure the necessary communication between the district and the participating agency. A school district can monitor service provision through the annual IEP review and/or periodic formal and informal communication with the service provider, parent, or student, or a representative of the agency responsible for providing or paying for the service. AGENCY FAILURE TO PROVIDE SERVICES 97

99 If the agency fails to provide or pay for the service agreed upon, the district must reconvene the IEP team to consider alternative strategies to meet the identified transition needs of the student. IDEA describes this process as: Agency responsibilities for transition services. (a) If a participating agency, other than the public agency, fails to provide the transition services described in the IEP, the public agency shall reconvene the IEP team to identify alternative strategies to meet the transition objectives for the student set out in the IEP. (b) Nothing in this part relieves any participating agency, including a State vocational rehabilitation agency, of the responsibility to provide or pay for any transition service that the agency would otherwise provide to students with disabilities who meet the eligibility criteria of that agency. Alternative strategies could include referral to another agency, identification of another possible funding source, identification of some alternative ways to provide the same or similar service, or identification of why the agency wasn't able to provide the service and what they will do to redress the issue. School districts, according to the IDEA, may consider asking for reimbursement of the costs of a service if an agency fails to provide the services: If a public agency other than an educational agency fails to provide or pay for the special education and related services described in [the student's IEP], the LEA (or State agency responsible for developing the child's IEP) shall provide or pay for these services to the child in a timely manner. The LEA or State agency may then claim reimbursement for the services from the non-educational public agency that filed to provide or pay for these services and that agency shall reimburse the LEA or State agency in accordance with the terms of the interagency agreement. Schools do not automatically need to bear the cost of transition services that should be borne by another agency. As stated in regulation, nothing relieves a participating agency (including Vocational Rehabilitation) of the responsibility to provide or pay for any transition services that the agency would otherwise provide to students with disabilities who meet the eligibility criteria of the agency. Note: School districts must reconvene an IEP team meeting to determine alternative strategies if an agency is not providing or paying for agreed-upon IEP services; School districts may seek reimbursement if an agency fails to pay for or provide services that they have agreed to pay for or provide. 98

100 IEP CONTENT For students age 14 or older (or younger, if appropriate), IEPs must include:...a statement of the transition service needs of the student under the applicable components of the student's IEP that focuses on the student's courses of study (such as participation in advanced-placement courses or a vocational education program); This statement must be updated annually. The "course of study" statement helps delineate the student's coursework during high school. The student's long range goals may change over time so the course of study must be reviewed annually. Examples: Math through Algebra II; all industrial a rts classes that focus on engineering and technology within construction fields; job shadowing and possible community work experience; At least one family and consumer science class each semester to acquire adult living skills, functional math and community-based work experience in health and food service areas; Courses in science through physics; and in math through Algebra II; classes and work-based learning experiences in medical settings. For students age 16 or older, the IEP must Include:...a statement of needed transition services for the student, including, if appropriate, a statement of the interagency responsibilities or any needed linkages. Students younger than 16 may have this statement considered in the IEP, if appropriate. Transition services are considered for all students age 16 and older. This statement of services may be specially designed instruction and be included in the student's goals and objectives or may be supporting strategies with linkages to agencies that will support the student as they transition to post school environments. Under the new IDEA regulations, IEP teams, while still required to determine what transition services are appropriate for students, no longer need to document why a particular area of transition services is not required. Note: "Course of Study" statements are considered for students aged 14 years and older. Needed transition services must be included for all students beginning at age 16, or younger, if appropriate. 99

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102 ASSISTIVE TECHNOLOGY DEFINITION Assistive Technology Device: Any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a child with a disability. Assistive Technology Service: Any service that directly assist child with a disability in the selection, acquisition, or use of an assistive technology device. The term includes: The evaluation of the needs of a child with a disability, including a functional evaluation of the child in the child's customary environment; Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by children with disabilities; Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices; Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs; Training or technical assistance for a child with a disability or, if appropriate, that child's family; and Training or technical assistance for professionals (including individuals providing education or rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of that child. DESCRIPTION School districts shall ensure that assistive technology devices or assistive technology services, or both, are made available to a child with a disability if required as a part of the child's special education, related services or supplementary aids and services. On a case-by-case basis, the use of school-purchased assistive technology devices in a child's home or in other settings is required if the child's IEP team determines that the child needs access to those devices to 101

103 receive a free appropriate public education. School district policies shall govern liability, if any, for the loss or damage of assistive technology devices. School district policies shall govern transfer of an assistive technology device when a child with a disability using the device ceases to attend school in the district that purchased the device. "Transfer" means the process by which a school district that has purchased an assistive technology device may sell, lease or loan the device for the continuing use of a child with a disability who is ceasing to attend school in the district. In a recent policy letter, the US Office of Programs said that if school districts don't evaluate for assistive technology or the parents disagree with the evaluation, the parents can seek an independent evaluation at the school's expense, similar to the procedural safeguards surrounding educational evaluations. Just as a child's IEP must be determined by a team, a child's technology needs must be evaluated as a team. According to Diane Golden, director of the Missouri Assistive Technology Project, a federally-funded program that assists parents and schools with technology problems and questions, "Remember that most AT decisions are based more on common sense than anything else. What are the child's instructional needs in the classroom? What does the child seem to choose to use, and does it work? It's really more of a commonsense decision than a white-coat, laboratory decision. Don't rely on just one person's advice for making AT decisions, the IEP team should look at the entire continuum of devices available for a particular student's needs and decide which would be most appropriate for the instructional needs in the classroom." Note: When the IEP team is considering the assessment of a student s assistive technology needs consider these factors in determining the needs: 1. What are the student s peers doing in each area in question? 2. Is the student able to listen? 3. Is the student able to respond? 4. Is the student able to participate? 5. Is the student learning? Then describe the interventions (strategies, services, equipment) that have or have not been successful in helping the student function in school. When describing tried interventions, indicate the length of the trials, if they worked or why they didn t work and if they were acceptable to the student, parent and teacher. Further guidance regarding Assistive Technology is available from the Assessment Center and/or Oregon Technology Assistance Access Project,

104 ASSISTIVE TECHNOLOGY PLANNING GUIDE Student Name: Coordinator: Start Time: End Time: Attendees: Requests for Support/Assistance What Student Needs: From Whom: How: AT System/Strategies Assessment IEP Planning/Transition Curriculum Equipment Family Issues Integration Physical Care Psychosocial 103

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106 SURROGATE PARENTS POLICY FOR SPECIAL EDUCATION SURROGATE PARENTS IDEA requires that a public agency must assign the surrogate parent for: CHILDREN WHO HAVE OR WHO ARE SUSPECTED OF HAVING A DISABILITY AND WHO DO NOT HAVE SOMEONE WILLING TO ACT IN THE ROLE OF PARENT ON THEIR BEHALF. A "Surrogate Parent" is an individual who acts in place of a parent in safeguarding a child's rights in the special education decision-making process when: the parent cannot be identified or located after reasonable efforts: [or] when there is reasonable cause to believe that the child has a disability and is a ward of the state; or at the request of a parent or adult student. "Parent" means: the parent, person acting as a parent, or legal guardian, other than a state agency, of the child; the surrogate parent; or adult student to whom rights have transferred. A foster parent may be treated as a parent without being appointed as a surrogate parent if: Parental rights have been terminated by court order, and The foster parents: 1. Has an ongoing long-term relationship with the child; 2. Is willing to make educational decisions; and 3. Has no interest that would conflict with the interests of the child. DETERMINING THE NEED FOR A SURROGATE PARENT A parent may give written consent for a surrogate to be appointed when: A parent does not wish to participate, or circumstances clearly make it not feasible for the parent to participate in protecting the special education rights of the child; or The parent lives at such a distance from the child's educational placement that it is not practical to participate in protecting the special education rights of the child. 105

107 In either case, parent must sign the Parent Written Request for Assignment of a Surrogate Parent for Their Child; copy to be placed in the student's file. The public educational agency must appoint a surrogate parent when: The parent cannot be identified or located (after documenting reasonable efforts to locate a parent or guardian): or The child is a ward of the state (to determine this, contact the person/agency who enrolled the child). The appointed surrogate is no longer eligible or the student moves to another school district. In either case, complete the Student Data Substantiating Eligibility For Surrogate Parent. A copy is to be placed in the student's file. Use the Surrogate Parent Contact Log to document attempts. Note: Notices and Information to parents: When a parent requests that a surrogate be appointed, the parent retains all parental rights to receive written prior notices and of the information provided to the surrogate parent. The school district shall not appoint a surrogate solely because the parent or student to whom rights have transferred is uncooperative or unresponsive to the special education needs of the student. PROCEDURE FOR ASSIGNING A SURROGATE PARENT Contact the Special Programs Office ( ) for a list of surrogate parents; The district ensures that each person approved to serve as a surrogate: --Is not a district employee. --Is not an employee of any other agency involved in the education or care of the student except for an employee of a non-public agency that only provides non-education care for the student. --Is free of any conflict of interest that would interfere with representing the student s special education interests. --Has or can acquire the necessary knowledge and skills to protect the special education rights of the student. Contact an individual from that list who might be willing to serve. In selecting individuals to serve consider the child's disability, special needs, racial and ethnic background, gender preferences, etc. If a foster parent is the child's caretaker they are eligible to be appointed despite receiving payments from Services to Children and Families (SCF) for foster care. Foster parents will have to meet the other qualifications outlined in the law; i.e. no conflict of interest or of employment, and be able to adequately 106

108 represent the child; Have the potential surrogate parent complete the Surrogate Parent Program Application. Give the potential surrogate parent a copy of the Parent Rights in pamphlet and offer training as needed prior to appointment. Place a copy of the application form in the student's file, send a copy of the form to Special Programs at the district office. Send Surrogate Parent Appointment form and a Parents' Rights in pamphlet to surrogate. Again, offer Surrogate Parent Training, arrange with special programs director to provide training as needed. CHANGE/TERMINATION OF APPOINTMENT Change or terminate the appointment of a surrogate parent when: The surrogate is no longer willing to serve; The child completes the program year in which they reach their 21st birthday or they are terminated from elementary or secondary education; The child is no longer eligible for special education services; The legal guardianship is transferred to a person who is able to carry out the role of the parent; The parent who previously could not be identified or located, is identified or located; Surrogate is no longer eligible; Parent revokes consent previously given for a surrogate to be appointed. A written request to the special programs director at the district office must be provided. A copy is placed in the student's file. Complete the Surrogate Parent Termination Form. Send the original to the surrogate (also enclose a thank you letter to the surrogate for their services). Place a copy in the student's file and send a copy to the special programs director. ROLE AND RESPONSIBILITY OF SURROGAT E PARENT Recruitment and Training of Surrogate Parents: Each year the special programs director or designee shall invite individuals from the community to possibly serve as surrogate parents. 107

109 The special programs director of designee shall maintain a list of individuals with the knowledge and skills necessary to effectively represent a student who is, or might be, eligible for special education throughout the educational decision-making process. The district will provide training in the following areas: The role of the surrogate parent; The rights and responsibilities of parents in the educational decision-making process; The procedure that a surrogate parent follows if the surrogate parent believes that circumstances regarding the surrogate parent's role may create a conflict with the interest of the student. This includes the procedure for immediately notifying the special programs director is such a potential conflict exists. Information necessary to adequately represent the student (i.e. how to access records, how to request meetings, types and characteristics of disabilities). Responsibilities of the Surrogate Parent: The right to receive notice of actions proposed by the district; The right to provide or withhold consent requested by the district; The right to participate in the development, review and revision of the IEP and in the formulation of placement recommendations; The right to protect the confidentiality of personally identifiable information collect, used or maintained by the district; The right to request an independent educational evaluation of the student; The right to represent the student in all matters relating to the identification, evaluation and educational placement of the student, and the provision of a free appropriate public education. Duties of a Surrogate Parent: Represent the interests and safeguard the right of the child in education at decisions affecting the child; Be acquainted with the child's disability and the child's educational needs; Represent the child in all matters relating to the identification, evaluation, and educational placement of the child; Represent the child in all matters relating to the provision of a free appropriate public education to the child. 108

110 Limits of the Surrogate Parent's Responsibilities: The surrogate parent has no authority over care and maintenance of the child, custody of the child, foster home placement of the child, nor any other area not specifically related to the education of the child; The surrogate parent has no responsibility for identification or evaluation of the child that does not relate specifically to special education; Contact with the child by the surrogate parent at school or in a residential agency has some limitations. Reasonable precautions must be taken by the school or public agency responsible for the welfare of children under its custody. Surrogate parents would have the same visitation rights as the parents for carrying out responsibility relating to the provisions of special education services for the child. For additional information, please contact the Director, Special Programs at SUGGESTIONS FOR INDIVIDUALS SERVING AS SURROGATES Gather information from a variety of sources so a picture of the child emerges that will assist you in advocating for the child: Confer with the student's teacher(s) before the IEP meeting for the student; Review the student's file and request copies of pertinent information such as IEPs, evaluation results, teacher observations; Attend the parent-teacher conferences to gather information about student progress in regular education programs; Meet with the student at school to discuss their interests, preferences and perspective about their educational needs; If the child is involved with SCF, confer with SCF officials to discuss the child's IEP, special education needs and determine if they should participate in the child's IEP process; Consider conferring with the child's parents only if it has been determined by the school district or Juvenile Court to be in the best interest of the child. Develop an outline of pertinent questions as you gather information. 109

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112 DISCIPLINE PROCESS ACKNOWLEDGEMENTS Information compiled from a variety of sources including: the Oregon Department of Education, Nancy and Andrea Hungerford (attorneys), Jose Martin (attorney), Eric Hartwig ( Administrator), federal and state laws and administrative rules. ROLE OF DISCIPLINE WITHIN THE GENERAL CURRICULUM "Above all, the teachers should provide a flexible school program to permit individual student adjustments and development and provide experiences in which they can be successful...the teacher...should be a well-adjusted, warm accepting person...objective and supportive." (Hartwig, 1999) School staff can predict, with some degree of accuracy, the way a student will react based on how the student has reacted previously. Each student should have at least one reliable and important adult with whom to form an attachment. This relationship is critical in order to change behavior. The school climate is critically important because the climate of the school reflects how children are viewed within the school. According to research, the more firmly a school is run, the lower the incidence of violence; not enforcing rules can encourage school violence. Ninety-two to ninety-six percent of the students in the schools are appropriate and responsive to what adults ask them to do. For these students discipline up to, and including suspension, may change the behavior. There are three prongs to an effective school climate: Safety and well being of students and staff, pre-teaching the basic rules for safety and then re-teaching them as appropriate; Restitution and accountability, teaching consequences without punishment by asking the question, "What are you going to do to make it right?"; Character building, teaching students to behave appropriately by debriefing and educating to help clarify the student's intents and motives as compared to the expectations. 111

113 ROLE OF THE REGULAR EDUCATION TEACHER Classroom teachers must be aware of their obligation to refer to the building Teacher Assistance or CARE team any student who is: Experiencing academic difficulties that are not attributable to lack of attendance or effort. Exhibiting behavioral problems that are interfering with his/her ability to access the regular education program, even after parent contact, counselor and administrator contact, and special behavior contracts have been tried. In addition, the school must have a system that identifies students missing an unacceptable number of days of class or class periods so that parent and student contact can be made and the student be considered for alternative education placements due to "erratic attendance." Classroom teachers must be aware of the criteria for identifying a child as eligible for special education services (especially in the areas of learning disability and emotional disturbance) in order to be alert to possible indicators of a need to review a student's academic and behavioral progress with the building TAT or CARE team. Classroom teachers must also be aware of other services that may be appropriate for students experiencing learning and/or behavioral problems including Section 504 and alternative learning opportunities. ROLE OF THE SCHOOL TEACHER ASSISTANCE TEAM (TAT) OR CARE TEAM Teachers, parents, students and staff refer students to this building team. These teams are designed to facilitate problem solving by and for classroom teachers and parents. Within the team, building staff jointly engages in a systematic process of problem identification, brainstorming, selecting viable solutions and planning interventions. The referring staff member or parent: Describes their major concerns; Clarifies the problem; Participates in the problem-solving process; Helps select workable solutions and a monitoring system to determine the effectiveness of the solution chosen. The team chairman or leader: 112

114 Establishes a time limit; Appoints a recorder; Facilitates the problem-solving process; Summarizes the information; Schedules a follow-up meeting to review progress. Team members: Review student information as it is presented; Determine what more information might be needed and how to gather it; Identifies student strengths and areas to strengthen; Considers possible interventions; Assists the classroom teacher and others with implementation of the plan. When behavior is an area of concern the team may determine that a Functional Behavioral Assessment is needed. The purpose of this is to help the team think past the immediate behavior and look carefully at the antecedent events, the behavior in context and the consequences to the student and others of the behavior. The results form this assessment may be used to develop, as appropriate, a behavior intervention plan. Note: A building may initiate a practice of holding routine building level Functional Behavioral Assessment meetings, with team members comprised of a group of people knowledgeable about the individual students within the building (i.e. special education teacher, regular education teacher, school counselor, school psychologist, principal). This building level team would conduct FBA's on all students within the building that are at-risk of having a disciplinary action brought against them. If a student was eligible for special education or related services the FBA team would work collaboratively with the student's IEP team which must approve a plan before it could be implemented. EXAMPLES OF EFFECTIVE DISCIPLINE STRATEGIES Procedural: Mental health services referral Protective services referral 113

115 Suspension Expulsion Interim alternative education setting placement Law enforcement/juvenile system referral Programmatic: Peer mediation Conflict resolution Staff development/training Community service Mentorship Individualized level system In-school suspension Shortened school day or week (e.g. timeout) Modified curriculum Longer school day ("ninth hour"/after or before school; for example stating "for every minute you are out of the classroom for behavioral reasons you owe the school back that time") YST/Interagency referral Alternative educational program placement at same site Systematic exclusion from specific classes/times of day Systematic exclusion from school/out-of-school suspension Alternative educational setting placement Day treatment *Timeout may be used when: 114

116 The causative behaviors are stated explicitly; The level of the timeout matches the behavior and is defined (e.g. in class, out of class,; how much time excluded); The timeout is documented and witnessed; Use of timeout is reviewed on a routine and regular basis to determine its effectiveness; Staff are trained on the use of timeout and procedures for timeout; Timeout rooms are properly lighted, ventilated and not locked. **Systematic exclusion/short term out-of-school removal may be used when: The basic rationale for the approach is based on confronting the student with the immediacy and the consequences for inappropriate behavior; Unacceptable behaviors are defined in advance and shared in writing with the student and parent; A continuum of removal is developed that ranges from a short-term removal from the classroom, longer than a timeout, to suspension; The removal is for a stated specific amount of time, the duration and the location of the exclusion is determined by the nature of the behavior; The student's team or the school TAT/CARE team reviews the behavior causing the exclusion to determine if a Functional Behavior Assessment and/or Behavior Intervention Plan should be implemented; Parents are involved in the decision; Time lost from school must be made up. PROTECTION FOR STUDENTS NOT YET ELIGIBLE FOR SPECIAL EDUCATION AND RELATED SERVICES A student who has not been determined to be eligible for special education and related services and who has engaged in behavior that violated any rule or code of conduct of the school or district may assert any of the protections provided for a student eligible for special education and related services if the school had knowledge that the student has a disability, or should have had knowledge, before the behavior that precipitated the disciplinary action occurred. 115

117 The Basis for Knowledge is: If the parent of the student has expressed concern in writing (unless the parent is illiterate or has a disability that prevents compliance with this requirement) to school personnel stating that the student is in need of special education and related services (note: this must include enough information to indicate the child is in need of special education and related services.); The behavior or performance of the student demonstrates the need for such services based on IDEA disability definitions/eligibility criteria; The parent of the student requested an evaluation of the student for special education and the district did not evaluate the student (if the district conducted a special education evaluation and determined the student was not eligible by giving the parent prior written notice this aspect does not apply); or The teacher of the student, or other personnel, expressed a legitimate concern about the behavior or performance of the student related to the student having a disability to the Director of Special Education, or other district or school personnel made in accordance with the district's established Child find or special education referral system (i.e. the building Teacher Assistance or CARE team or other personnel who have responsibility for special education referrals in the school or district). If the district determined that a special education evaluation was not necessary (e.g. "did not suspect") and gave the parent prior notice of this decision the district cannot be found to have had a "Basis of Knowledge". Note: It is critically important that documentation is kept of every decision made by the building TAT or CARE team because of this aspect of the IDEA regulations. If the school does not have knowledge that a student has a disability prior to taking disciplinary measures, the student may be subjected to the same disciplinary measures as those applied to students without disabilities who engage in comparable behaviors. If a request is made for an evaluation of a student during the time period in which the student is subjected to disciplinary measures, the evaluation must be conducted in an expedited manner. If the student is determined to be a student with a disability, taking into consideration information from the evaluation conducted by the school and information provided by the parents, the school shall provide special education and related services in accordance with the rules of IDEA except that, pending results of the evaluation, the student shall remain in the educational placement determined by the school authorities (i.e. the disciplinary placement.) ROLE OF DISCIPLINE WITHIN IDEA SHORT TERM DISCIPLINARY REMOVALS The provisions in the law allow schools to impose disciplinary removals of up to 10 school days to the same extent as for non-disabled students. These removals do not require a Manifestation Determination, Functional Behavioral Assessment, Behavior Intervention Plan or provision of educational services. These removals are not considered a change of placement. The new federal regulation does state that a "pattern of exclusion" must be reviewed by school personnel. This review does not require an IEP meeting. The definition of "pattern of exclusion" is accumulations of short- 116

118 term disciplinary removals of less than 10 days in a school year may constitute a disciplinary change of placement subject to the procedural safeguards of IDEA (Manifestation Determination, Functional Behavioral Assessment, Behavioral Intervention Plan, continuation of educational services). The regulations state that a change of placement occurs if the student is subjected to a series of removals that constitute a pattern because they accumulate to more than 10 school days in a school year and because of factors such as the length of each removal, the total amount of time the student is removed and the proximity of the removals to one another. The recommended course of action if a "pattern of exclusion" is found for the school to convene an IEP team and conduct a Functional Behavioral Assessment (followed by a Behavior Intervention Plan if appropriate) and a Manifestation Determination prior to the 11th day of accumulated short-term disciplinary removals. During this process the IEP team may modify or change the IEP to address the student's Present Level of Performance and/or need. Additionally, the IEP team may determine that a significant Change of Placement is appropriate because of the behaviors. PREVENTATIVE STEPS ON SHORT-TERM REMOVALS Review building policy regarding "in-school" suspension. If appropriate, contact the district special education attorney to confirm that the policy meets with the requirements of not "counting" toward the 10-day "pattern of exclusion" doctrine. Prior to the 11th day of a total short-term disciplinary removal convene the IEP team to review the IEP, placement, Functional Behavioral Assessment, Behavior Intervention Plan and conduct a Manifestation Determination if appropriate. Exercise extreme caution in removing students beyond the 10-day per school year limit. Schools must provide educational services during removals that go beyond the 10-day limit and refocus efforts on revising and improving the IEP, services and placement. Be judicious in determining the amount of removal days a student should receive for an infraction. Suspensions of a half day or less are counted as a half day. Suspensions of more than a half day are counted as a whole day. IMPORTANT THINGS TO REMEMBER Children who received special education services in another state and are found eligible for special education in Oregon shall be treated as if initially placed in special education in Oregon, and any days of suspension accrued in the former state shall not be counted toward the ten days. 117

119 If a student moves from another school district in Oregon, any days of suspension from the former school district apply, unless the district changes the student's educational placement through IEP/placement procedures and provides prior written notice of change of placement to the parent or if the district does not have knowledge of previous suspensions. If a parent disagrees with a suspension and requests a due process hearing, the district may require the student to complete the suspension before returning to his/her current education placement and the student will return to the current educational placement after the suspension unless the student is removed to an interim alternative educational setting, or if the parent and district agree to another placement pending the hearing. LONG-TERM DISCIPLINARY REMOVALS Special Drug and Weapon 45-day Removals to Alternative Education Settings. School personnel may determine that a student be removed from their current educational setting. "Current educational placement" means the type of educational placement of the child as described in the child's "annual determination of placement" document at the time of the disciplinary removal. It does not mean the specific location or school but the type s of placement on the continuum of placement options (e.g. regular classroom with support, regular classroom with resource room support; special class; special school; home instruction, etc.). The IEP team decides where the setting will be. The change in placement of a student with a disability to an appropriate interim alternative educational setting may be up to the same amount of time that a student without a disability would be subject to discipline, but for not more than 45-days, if: 1. The student carries a weapon* to school, acquires it at school, or carries it to a school function under the jurisdiction of a state or local educational agency; or 2. The student knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance** while at school or a school function under the jurisdiction of a state or local educational agency. *Weapon, under IDEA, means "a weapon, device, instrument, materials, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2 1/2 inches in length". Weapon, under Oregon law means: A. Firearm: "(a) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (b) the frame or receiver of any such weapon; (c) any firearm muffler or firearm silencer; or (d) any destructive device [any explosive, incendiary, or poison gas bomb, grenade, rocket with charge of more than four ounces, missile with charge of more than 1/4 ounce, mine or similar device]." Does not include antique firearm. 118

120 B. Dangerous weapon: "any weapon, device, instrument, material or substance which under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious injury" C. Deadly weapon: "any instrument, article or substance specifically designed for and presently capable of causing death or serious injury." **The reason for the different treatment of "illegal drugs" and "controlled substances" is that the term controlled substances may include certain prescribed drugs, such as Ritalin. Students' possession or use of legally prescribed medication is not an offense (unless they have violated the policy on medications). Sale or solicitation of these controlled substances, however, is a drug offense within the meaning of this provision. Thus a student may legally possess and use his Ritalin, but he may not sell it to others. It does not include alcohol or tobacco. In situations where the IEP team held a Manifestation Determination and determined that the drug or weapon offense was unrelated to disability, regular disciplinary procedures may be followed, although regular notice and regular due process requirements continue to apply, as with non-disabled students. Long-Term Removals for Behaviors Not a Manifestation of Disability. If the IEP team properly determines that the behavior was not related to disability and complies with applicable procedural requirements (Functional Behavioral Assessment, notice to parents, continuation of services) a student can be subjected to long-term disciplinary removals to the same extent as a similarly-situated non-disabled student. If the student serves his long-term removal, but is later subjected to a short-term disciplinary action, the IDEA regulations require that the IEP team review the student's Behavioral Intervention Plan and its implementation to determine if modifications are necessary. If, at that review, one or more of the IEP team members feel that modifications to the Behavioral Intervention Plan are needed, the team must modify the plan to the extent necessary. Services to students removed on long-term basis for offenses unrelated to disability must be determined and developed by the IEP team, and must enable the student to participate in the general curriculum and/or make progress on IEP goals and objectives. THE FUNCTIONAL BEHAVIORAL ASSESSMENT Either before, nor not later than 10 days after, taking a disciplinary action if the school did not conduct a Functional Behavioral Assessment (FBA) and implement a Behavioral Intervention Plan (BIP) for the student before the behavior that resulted in the suspension the school must convene an IEP meeting to develop an assessment plan to address that behavior; or 119

121 If the student already has a Behavioral Intervention Plan, the IEP team must review the plan and modify it, as necessary, to address the behavior. Upon removing a student from a normal placement for more than 10 school days in the school year the IEP team must be convened within 10 business days to plan for, or conduct, a Functional Behavior Assessment. As soon as practicable after completion of the plan, the IEP team must convene to develop appropriate behavioral interventions. If the student's IEP already contains a BIP, then the IEP team must review the plan and revise it as necessary. This requirement clearly states that a FBA and BIP are required after the 10th total day of short-term removals in a school year, even if the additional short-term removal would not constitute a change of placement. The FBA team must: Clearly define the challenging behaviors, demonstrate knowledge of the function and the structure of the behaviors that are impeding the student's learning. Gather information through interviews with people who come in contact with the student during the regular school day, complete a review of the student's records, complete any appropriate standardized assessment. Complete at least one direct observation in every setting where the behavior occurs. Complete a functional analysis to determine how to rearrange the physical and social environment of the student while teaching the needing skills and appropriate behaviors. THE BEHAVIOR INTERVENTION PLAN (BIP) After the FBA has been completed the IEP team meets to develop a Behavior Intervention plan for the student. If the student already has a BIP the team reviews and/or modifies the student's current Behavior Intervention Plan if one or more team members believe revisions are needed. The BIP: Establishes a baseline of the behavior(s) identified by the IEP (which are also listed under the PLOP on the IEP); Sets goals and strategies to teach alternative positive behaviors; Establishes a timeline for review of the plan; Determines how progress will be measured by developing evaluation criteria. 120

122 MANIFESTATION DETERMINATION REVIEW* *Note: The Manifestation Determination Review applies to students who are eligible, or thought to be eligible, under IDEA and under Section 504. If a disciplinary action involving a change of placement for more than 10 days is contemplated for a student with a disability who has engaged in behavior that violated any rule or code of conduct that applies to all students: Parents must be notified not later than the date on which the decision to take the action is made, and all procedural safeguards accorded: and Immediately if possible, but in no case later than 10 school days after the date on which the decision to take the action is made, a review meeting must be conducted to ascertain the relationship between the student's disability and the behavior subject to disciplinary action. The IEP team and other qualified personnel, including in all cases a school psychologist, must conduct the review (Form #330) The IEP team may determine that the behavior of the student was not a manifestation of the student's disability only if the IEP team: First consider all relevant information including: evaluation and diagnostic results (including Functional Behavioral Assessments and relevant information supplied by the parents of the student), observations of the student and the student's IEP and placement; Then determine that in relationship to the behavior subject to disciplinary action: 1. The student's IEP and placement were appropriate and the special education services, supplementary aides and services, and behavior intervention strategies were provided in good faith with the student's IEP and placement; 2. The student's disability did not impair the ability of the student to understand the impact and consequences of the behavior subject to the disciplinary action; and 3. The team may be responsive to behavioral, social and emotional needs that impact the student's educational performance; 4. The team may consider if the student was deriving reasonable educational benefit from the IEP before the misconduct. If any of the above standards are not met, the behavior must be considered a manifestation of the disability. If the review reveals a deficiency in the IEP or the provision of services outlined in the IEP, the IEP team must 121

123 take immediate steps to remedy the deficiencies. If, after careful review of the above standards, the IEP team feels that the behavior of the student with a disability was not a manifestation of the disability, the relevant disciplinary procedures applicable to students without disabilities may be applied in the same manner in which they would be applied to non-disabled students. Note: If the school initiates disciplinary procedures applicable to all students the school must ensure that the disciplinary records of the student with a disability are transmitted for consideration by the person or persons making the final determination regarding the disciplinary action (e.g. district hearing officer, school board, etc.) If a parent disagrees with the manifestation determination or any decision about placement related to the disciplinary removal, and requests a due process hearing, the student will remain in the current educational placement unless the student is removed to an interim alternative educational setting or unless the parent and district agree to another placement pending the hearing. CONTINUATION OF SERVICES AFTER 10 DAYS OF DISCIPLINARY REMOVALS IN A SCHOOL YEAR Schools must provide educational services during any disciplinary removal beyond 10 school days per school year. Services do not have to be provided in situations where a student has been removed for 10 school days or less in a school year if services would normally not be provided to a similarly-situated non-disabled student. Services provided after the 10th total day of removal for behavior must allow the student to appropriately progress in the general curriculum and appropriately advance toward achieving the goals set out in the IEP. This standard of service is slightly different than the standard of services for a student placed in an Alternative Educational Setting by a hearing officer which requires that the behavioral issues be addressed so they do not recur. REMOVAL TO AN INTERIM ALTERNATIVE EDUCATION SETTING BY HEARINGS OFFICER (INJURIOUS BEHAVIOR) *Note: Before considering this option contact the Director of Special Programs. The district may request an expedited due process hearing to obtain a hearings officer's order to remove a student to an interim alternative educational setting for not more than 45 days if the student is exhibiting injurious behavior. For the purpose of this request, "injurious behavior" is defined as behavior that is substantially likely to result in injury to the student or to others. A hearing officer may order a change in the placement of a student with a disability to an appropriate interim. Alternative Educational Setting (AES) for not more than 45 days if the hearing officer: A. Determines that the school has demonstrated by substantial evidence that maintaining the current placement of the student is substantially likely to result in injury to the student or to others; 122

124 B. Considers the appropriateness of the student's current placement; C. Considers whether the school has made reasonable efforts to minimize the risk of harm in the student's current placement, including the use of supplementary aids and services; and D. Determines that the Interim Alternative Educational Setting meets specific requirements. In situations that do not involve weapons or drug offenses and where the student's behavior is related to disability the school can request that a hearing officer order a change of placement to an AES for 45 calendar days. The school bears the legal burden of proof and the hearing officer's ruling must come under a heightened "substantial evidence" standard, which is defined as beyond the normal "preponderance of evidence" parents must generally produce in other IDEA due process hearings. In addition, if a school chooses to take this route, it must defend the student's overall programming and placement, and show that the AES would provide the student a FAPE in accordance with the IEP. Note: If a district attempts to obtain a 45-day placement from a hearing officer and fails there is a possibility of liability for opposing attorney's fees for the successfully defending parent. District personnel will determine the specific alternative educational setting in consultation with the student's special education teacher(s) or with the IEP team. If a student is removed to an interim alternative educational setting by a hearings officer for injurious behavior, the district will: A. Immediately schedule an IEP meeting (which will be convened within 10 business days of the disciplinary action); B. Provide the parent with notice of any suspension or expulsion, if applicable, and notice of the decision to remove the student to an interim alternative educational setting; and, C. Provide the parent with Notice of Procedural Stafeguards. If the district initiates a disciplinary removal to an interim alternative educational setting, the district will, immediately or within 10 business days, convene an IEP meeting to: A. Develop a functional behavioral assessment plan: or B. If a functional behavioral assessment has already been completed on the behavior that resulted in the removal or, if there is a behavioral intervention plan in place, the IEP team will review the plan and revise it as needed; and, C. Determine whether the student's behavior is a manifestation of his/her disability; D. Review the student's IEP, and revise it as appropriate; E. Determine the specific interim alternative educational setting which will enable the student to continue to: 123

125 * Progress in the general curriculum although in another setting; * Receive special education services and modifications described in the student's IEP that will enable the student to meet IEP goals; * Include services and modifications that address the misconduct and are designed to prevent the misconduct from recurring. If the IEP team determines that the student's behavior is a manifestation of his/her disability the district will not proceed with the disciplinary action, but may: A. Continue the student's placement in the interim alternative educational setting until the end of the 45 day period; B. Review and revise the student's IEP and placement; or C. Seek another up to 45 day removal for injurious behavior from the hearings officer. If the IEP team determines that the student's behavior is not a manifestation of his/her disability, the district may proceed with disciplinary action. In taking this disciplinary action, the district will: A. Ensure that the special education and disciplinary records of the student are given over for consideration to the school personnel making the final determination regarding the disciplinary action; and, B. Provide the services, determined by the IEP team, that are necessary to enable the student to appropriately progress in the general curriculum and to appropriately advance toward achieving the goals in the student's IEP. If the student's educational placement changes as a result of the IEP/placement reviews, the district will provide prior written notice of change in placement. If the student's IEP team develops a plan for conducting a functional behavioral assessment, when the assessments are completed the district will hold an IEP meeting to develop and implement appropriate behavior interventions to address the behavior. If the parent(s) of the student requests a due process hearing because he/she disagrees with the manifestation determination, the removal to the interim alternative educational setting or any decision about placement related to a disciplinary removal: A. The student will remain in the interim alternative educational setting pending the decision if the hearings officer or for 45 calendar days, whichever occurs first; unless, B. The parent and school district agree otherwise; or, the student is removed by a hearings officer for additional 45-day period(s) for injurious behavior. 124

126 DETERMINING THE ALTERNATIVE EDUCATIONAL SETTING PLACEMENT The IEP team determines the Alternative Educational Setting. The setting must enable the student to continue to participate in the general curriculum, although in another setting, and to continue to receive those services and modifications including those described in the current IEP, that will enable the student to meet the goals set out in that IEP and include services and modifications designed to address the behavior so that it does not recur. The school district is not required, however, to replicate the exact program a student had before being placed in the AES, therefore the AES does not need to provide honors or specialized courses or electives. The key for the school in defending the AES placement is to emphasize the new and additional aspects of the AES IEP that will be devoted to addressing the student's misbehavior. IEPs can, and in many cases should, be modified for disciplinary settings, however it is important to continue and maintain the academic supports that were previously found to be necessary for FAPE. REPORTING CRIMES School district personnel may report crimes committed by a student with a disability to the extent that a crime would be reported if the student were not disabled and the procedural safeguards established by the juvenile or legal system are in place. School district personnel must transfer special education and disciplinary records to the "appropriate authorities" when reporting a crime: If parents have given written consent (or the student is 18 years or older); With subpoena or court order; If there is a health or safety emergency. 125

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128 PRIVATE SCHOOL STUDENTS PRIVATE SCHOOLS The district shall ensure that a student with a disability who is placed in or referred to a private school or facility by the district is provided special education and related services at no cost to the parents, is provided an education that meets the standards that apply to education provided by the district and has all of the rights of a student with a disability who is served by the district. If a student with a disability has a free appropriate public education available to him/her and the parents choose to place the student in a private school, the district is not required to pay the cost of the student's education, including special education and related services, at the private school. Parentally-placed private school students will be included in the district's special education private school student count and the private school students for whom the district may provide services. PLACEMENT BY THE SCHOOL DISTRICT Rights of Students: The district ensures that every student with a disability who is placed in or referred to a private school or facility by the district as a means of providing special education and related services: A. Is provided special education and related services to conform with an individualized education program (IEP), and at no cost to the parents; B. Is provided an education that meet the standards that apply to education provided by the public agency; and, C. Has all of the rights of a student with a disability who is served by the public agency. Out-of-State Placement for The district maintains documentation of approval by the Oregon Department of Education (ODE) for any out-of-state programs that provide special education to district students eligible for special education. Such contractual arrangements will be made only after: A. It has been determined that no appropriate in-state placement options are available; and, B. An IEP has been developed. 127

129 Obligations of the District The district may contract with private schools that have been approved by the ODE. The district ensures that all federal and state requirements relating to the evaluation, IEP development and placement are followed when determining whether the student will be placed in an approved private school for special education services. The district determines whether placement in an approved private school constitutes a free appropriate public education in the least restrictive environment for each student. A. When proposing to place a student with a disability in an approved private school the district ensures that the school-aged student is a resident of the school district under Oregon law. The district determines whether placement in an approved private school constitutes a free appropriate public education in the least restrictive environment for each student. A. When proposing to place a student with a disability in an approved private school the district ensures that the school-aged student is a resident of the school district under Oregon law. B. Before placing a student with a disability in an approved private school, the district initiates and conducts and IEP meeting that includes a representative of the approved private school and at which an IEP is developed based upon the needs of the student. C. If a representative of the approved private school is unable to attend the IEP meeting, the district uses other methods to ensure participation including, but not limited to, individual or conference telephone calls or individual meetings. D. After the district initially places a student in an approved private school, any subsequent meetings to review or revise an IEP are the responsibility of the district. E. The district may request by written agreement that the approved private school initiate and conduct IEP meetings to review and revise an IEP. If the approved private school initiates and conducts these meetings, the district will ensure that the parents and a representative of the district: * Are involved in any decision about the student' s education programs; and, * Agree to any proposed changed in the program before those changes are implemented. F. The district conducts IEP and placement meetings following the same requirements as for students attending schools in the district. G. The district provides all procedural safeguards to parents of students place din approved private schools. H. The district ensures that transportation to and from the approved private school is provided at no cost to the parent. 128

130 PARENTALLY PLACED PRIVATE SCHOOL STUDENTS Provisions for serving students placed by their parents in private schools: District decisions about the services that are provided to private school students with disabilities are made in accordance with the district's plan for serving parentally placed private school students and their service plans. The services provided to private school students with disabilities are provided by personnel meeting the same standards as personnel providing services in the district program. The district may provide private school students with disabilities a different amount of services than students with disabilities attending their resident district school. The district may provide services to private school students with disabilities onsite at the student's private school, including a religious school. If a parent of a private school student with a disability requests an Individualized Service Plan (ISP) meeting, the district will either: A. Hold and ISP meeting within a reasonable time; or, B. Provide the parent with prior written notice of the district's refusal to hold an ISP meeting. Evaluation, Reevaluation and Eligibility of Private School Students with Disabilities: The district ensures that all requirements for evaluation, reevaluation and eligibility that apply to public school students with disabilities will be met with regard to evaluations for private school students who are suspected of having a disability. Eligibility for special education and related services will be determined by the district in the same manner as for public school students with disabilities. The district will reevaluate private school students with disabilities at least every three years to determine whether the student continues to be eligible for special education, whether or not the student is receiving services under a services plan. If a parent refuses an evaluation that is necessary to determine a student's eligibility, continuing eligibility or present level of performance for developing a service plan, the district will notify the parent in writing that it is prepared to complete the necessary evaluations upon parent consent or if the parent enrolls the student in a district program. If a parent refuses a reevaluation that is necessary to determine whether the student continues to be a student with a disability, and as a result the team cannot determine the student's continuing eligibility, the student will no longer be considered "eligible" and shall not be counted as a private school student with a disability for the purposes of the private school student count. 129

131 Upon an initial determination of eligibility, and upon any subsequent determination of eligibility, the district will notify the parent in writing that it will make a free appropriate public education available to the student if the student is enrolled in a school district program. Service Plans: If a student with a disability is enrolled by a parent in a religious or other private school and will receive special education or related services from the district, the district will: A. Initiate and conduct meetings to develop, review and revise a service plan for the student consistent with the procedures for IEP meetings and timelines; and, B. Ensure that a representative of the religious or other private school attends each meeting. If the representative cannot attend, the district will use other methods to ensure participation b the private school, including individual or conference telephone calls. C. The services plan will describe the specific special education and related services that the district will provide to the student in light of the services that the district has determined, through the consultation process described below, it will make available to private school students with disabilities. D. The services plan will, to the extent appropriate: * Address IEP content with respect to the services provided; and, * Be developed, reviewed and revised consistent with procedures for IEP team membership and parent participation E. The district is not required to provide transportation from the student's home to the private school. If necessary for the student to benefit from or participate in the services provided by the public agency, a private school student with a disability must be provided transportation: A. From the student's school or the student's home to a site other than the private school; and, B. From the service site to the private school, or to the student's home, depending on the timing of the services. Separate Classes Prohibited The district will not use IDEA funds for classes that are organized separately on the basis of school enrollment or religion of the students if: A. The classes are at the same site; and, B. The classes include students enrolled in public school programs and students enrolled in private schools. 130

132 Funds and Property Not To Benefit Private School The district will not use IDEA funds to finance the existing level of instruction in a private school or to otherwise benefit the private school. The district will use IDEA funds to meet the special education needs of students enrolled in private schools, but not for: A. The needs of private school; or, B. The general needs of the students enrolled in the private school. Use of School Personnel The district may use IDEA funds to make public school personnel available in other than public facilities: A. To the extent necessary to implement any of the requirements related to private school students with disabilities; and, B. If those services are not normally provided by the private school. The district may use IDEA funds to pay for the services of an employee of a private school to provide services to private school students if: A. The employee performs the services outside of his/her regular hours of duty; and, B. The employee performs the services under public supervision and control. EXPENDITURES FOR PARENTALLY PLACED PRIVATE SCHOOL STUDENTS The district uses the following formulas for determining funds available for provision of special education and related services to private school students with disabilities: In providing special education and related services to school-age private school students with disabilities, the district will spend an amount that is the same proportion of the district's total subgrant of IDEA funds as the number of school-age private school students with disabilities residing in its jurisdiction is to the total number of school-age students with disabilities in its jurisdiction; and In determining private school student count for school-age students; A. The district consults with representatives of private school students in deciding how to conduct the annual count of the number of private school students with disabilities; and, B. Ensures that the count is conducted on December 1 of each year. 131

133 The district uses the student count to determine the amount that the district will spend on providing special education and related services to private school students with disabilities in the next subsequent fiscal year. The district will not consider expenditures for child find activities in determining whether the school district has met its expenditure requirements for parentally placed private school students. The district may include the cost of transportation in determining whether the school district has met its expenditure requirements for parentally placed private school students. PROPERTY, EQUIPMENT, AND SUPPLIES The district will keep title to and exercise continuing administrative control of all property, equipment and supplies that the district acquires with IDEA funds for the benefit of private school children with disabilities. The district may place equipment and supplies in a private school for a period of time needed to implement the service plan of a private school child with disabilities or for child find purposes. The district shall ensure that the equipment and supplies placed in a private school: A. Are used only for the purposes identified in section (2); and B. Can be removed from the private school without remodeling the private school facility. The district shall remove equipment and supplies form a private school if: A. The equipment and supplies are no longer needed for the purposes identified in section (2); or B. Removal is necessary to avoid unauthorized use of the equipment and supplies. IDEA funds shall not be used for repairs, minor remodeling, or construction of private school facilities. 132

134 DISTRICT PLAN DISTRICT PLAN FOR PROVISION OF SERVICES TO ELIGIBLE PARENTALLY-PLACED PRIVATE SCHOOL STUDENTS The district shall consult (in a timely and meaningful way) with appropriate representatives of private school students to determine the extent and type of special education services that will be provided. The district will make the final decision about which eligible children will receive services, the services to be provided, and where the services will be provided. The decisions will be based on the consideration of all parentally-placed private school students within the district, prioritization of need and available resources. No eligible parentally-placed private school student with a disability has an individual right to receive some or all of the special education and related services that the child would receive if enrolled in a district public school. 133

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136 PARENTAL RIGHTS PARENTAL RIGHTS FOR SPECIAL EDUCATION (K-21) Notice of Procedural Safeguards Oregon Department of Education - Office of (503) v/tty 255 Capitol Street NE (503) FAX Salem, Oregon (503) TDD Dear Parents: This pamphlet describes your rights and procedural safeguards under Oregon law and rules and under the federal Individuals with Disabilities Education Act, PL , and its regulations. This information is important to you and your child. Please review and study the information contained in this pamphlet. You may want to talk with others about this information. I encourage you to speak with your child s teacher or teachers, the building principal, or a special education representative in your district. We have given you some other resources in Oregon whom you may also contact. When you have a concern, please call or contact your child s teachers or administrators in your child s district to talk about your child and any problems you see. This informal conversation frequently solves the problem and helps maintain open communication. All of us are working together for your child s benefit. Your child is important to us. Sincerely, Steve Johnson Associate Superintendent Office of Oregon Department of Education 135

137 INTRODUCTION This booklet provides parents of children with disabilities from kindergarten through age 21 an overview of their educational rights, also called procedural safeguards. This booklet is the Notice of Procedural Safeguards for parents and surrogate parents. This Notice of Procedural Safeguards must be given to you when you ask for a copy and: the first time your child is referred for a special education evaluation; each time an individualized education program (IEP) meeting is scheduled for your child; each time your child is reevaluated; and a year before your child's 18th birthday. MORE INFORMATION Your local school district is the first stop for more information. There are a number of people in the school district who can answer questions about your child s education. You may contact your child s general or special education teacher or the school principal. You can contact the special education representative for your school district or education service district (ESD). Other resources are listed at the end of this pamphlet. PARENT PARTICIPATION Your participation is valuable. You will be given opportunities to participate in meetings about identification, evaluation, educational placement of your child, and fully informed of decisions in which you are asked to give consent related to your child s free appropriate public education (FAPE). This includes opportunity to participate in meetings to develop your child s individualized educational program (IEP). Your child's IEP describes what special education services will be provided to your child, and identifies educational goals for your child. More information about IEP's is available from your school district. PARENT CONSENT The First Evaluation. The school district must have your informed written consent before it can evaluate your child. The school district must inform you about the evaluations to be used with your child. Reevaluation. The school district must have your informed written consent before reevaluating your 136

138 child. However, the school district may reevaluate your child without your written consent if the school district can demonstrate that it has taken reasonable measures to get your consent and you have not responded. State regulations require parent consent before giving an intelligence or personality test. If you refuse consent you must clearly inform appropriate school staff of your refusal. Informed parental consent need not be obtained for reevaluation, except under OAR (3), if the district can demonstrate that it has taken reasonable measures to obtain that consent, and the student s parent has failed to respond. Reasonable measures mean at least two separate attempts to secure consent along with providing the parent a copy of a completed Prior Written Notice/Consent for Evaluation form and documentation of these attempts in the student s educational record. Parental consent is not required before: --Reviewing existing data as part of an evaluation or a reevaluation. --Administering a test or other evaluation that is given to all children, unless, before administration of the test or evaluation, parental consent is required for all children. --Conducting evaluation tests, procedures or instruments that are identified on a student s IEP as a measure of determining progress. Informed parental consent need not be obtained for reevaluation, except under OAR (3), if the school district can demonstrate that it has taken reasonable measures to obtain that consent, and the student s parent has failed to respond. For the purposes of the above, reasonable measures means at least: --Two separate attempts to secure consent along with providing the parent a copy of a completed prior written notice/consent for evaluation form. --Documentation of these attempts in the student s educational record. Initial Placement in. You must give your informed written consent before the school district can place your child in a special education program for the first time. Refusal. You can refuse consent for an evaluation, a reevaluation, or the initial placement of your child in special education. To avoid confusion, you should inform the school in writing if you want to refuse consent to a reevaluation. The school district may seek to evaluate or place your child in special education through a due process hearing, if it believes it is necessary for your child. You and the school district may agree to first try mediation to resolve your disagreements. Withdrawal of Consent. After you have given the school district written consent to evaluate or reevaluate your child you may revoke your consent only for the evaluation activities that are not completed; it is not retroactive. You may withdraw your consent the first time your child is placed in special education only before your child begins that placement. You may subsequently withdraw your permission at any time prior to an action being taken upon written notification to the district. A parent s refusal to consent for one service or activity may not be used to deny the parent or student any other service, benefit or activity of the school district. 137

139 PRIOR WRITTEN NOTICE In addition to being a participant in decision-making, you have the right to prior written notice sufficiently in advance to insure that one or both parents will have an opportunity to attend. The written notice shall: Be given to the parent of a student, and adult student, within a reasonable period of time before a school district proposes to initiate or change, or refuses to initiate or change, the identification, evaluation, or educational placement of the student, or the provision of a free appropriate public education to the student. Be given after a decision is made and a reasonable time before that decision is implemented. Include the following: --A description of the action proposed or refused by the school district. --An explanation of why the district proposed or refused to take the action; --A description of any options which the school district considered and reasons why those options were rejected. --A description of each evaluating procedure, test, record, or report which is directly relevant to the proposal or refusal. --A description of any other factors which are relevant to the school district s proposal or refusal; and --A statement that the parents of a student with a disability have procedural safeguards and the means by which a copy of the Notice of Procedural Safeguards may be obtained; --Sources for parents to contact to obtain assistance in understanding their procedural safeguards. State the purpose, time and place of the meeting and who will attend; and Inform the parent that they may invite other individuals who they believe have knowledge or special expertise regarding the student; Inform the parent that the team may proceed with the meeting even if the parent is not in attendance; and Inform the parent of whom to contact before the meeting to provide information if they are unable to attend. The school district shall make reasonable efforts to insure that the parent understands the proceedings at a meeting, including arranging for an interpreter for parents who are deaf or whose native language is other than English. The notice shall be written in language understandable to the general public. The prior notice shall be : --Written in language understandable to the general public. --Provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so. If the native language or other mode of communication of the parent is not a written language, the 138

140 school district shall take steps to insure that: --The notice is translated orally or by other means to the parent in the parent s native language or other mode of communication. --A reasonable effort is made to aid the parent in understanding the content of the notice. --There is written evidence that the requirements listed above have been met. A meeting does not include informal or unscheduled conversations involving school district personnel and conversations on issues such as teaching methodology, lesson plans, or coordination of service provision in those issues are not addressed in the student s IEP. A meeting also does not include preparatory activities that public agency personnel engage in to develop a proposal or response to a parent proposal that will be discussed at a later meeting. School districts schedule meetings to develop an IEP or determine placement at a mutually agreed upon time and place. If neither parent can attend, the school district shall use other methods to insure parent participation, including, but not limited to, individual or conference phone calls or home visits. An IEP or placement meeting may be conducted without a parent in attendance if the school district has: Made sufficient attempts to arrange a mutually agreeable time and place for the meetings; and Documented these attempts in the student s educational record. A. Sufficient attempts means: *Communicating directly with the parent to arrange a mutually agreeable time and place, and sending written notice required under OAR (2), to confirm this arrangement; or *Proposing a time and place in the written notice required under OAR (2), stating in the notice that the parent may request a different time and place, and confirming that the parent received the notice. B. Sufficient attempts may all occur before the scheduled IEP or placement meeting, and does not require the scheduling of multiple agree-upon meetings unless the team believes this would be in the best interest of the student. If a purpose of the meeting is to consider transition services for a student, the written notice required by OAR (2) shall also: A. Indicate this purpose; B. Indicate that the school district will invite the student; and C. Identify any other agency that will be invited to send a representative The school district shall give the parent a copy of the individualized education program at no cost to the parent. If the parent does not attend the IEP meeting, the school district shall ensure that a copy is provided to the parent. 139

141 You also have the right to prior written notice from the school district when the district refuses your request to take these actions. The prior written notice must include: a description of the action proposed or refused by the school district; an explanation of why the action is proposed or refused; a description of any other options considered and the reasons why those options were rejected; a description of each evaluation procedure, test, record or report used as a basis for the action proposed or refused; a description of any other factors relevant to the action proposed or refused; a statement that parents of a child with a disability are protected by the procedural safeguards described in this booklet; a copy of this Notice of Procedural Safeguards booklet or how you can get a copy; and, sources for you to contact to get help in understanding these procedural safeguards. Prior written notice must be provided in your native language unless it is clearly not feasible to do so. REEVALUATION Your child must be reevaluated at least once every three years. If the IEP team determines that no additional data is needed to determine whether your child continues to be eligible for special education, the school district must notify you of that decision and the reasons for it. You still have the right to request an assessment to determine whether your child continues to be eligible. Under these circumstances, the school district is not required to do an assessment of your child unless you request it. ACCESS TO EDUCATIONAL RECORDS You have the right to inspect and review all of your child s education records: without unnecessary delay; before any meeting about your child s IEP; before any due process hearing related to your child; and, in any case, within 45 days of your request. Requests to look at your child s records should typically be made to the building principal or to the special education administrator for your school district. 140

142 Access to your child s educational records is required by both the Family Educational Rights and Privacy Act (FERPA) and the IDEA. Your school district has a more detailed written policy about school Records. This policy is available to you and other parents on request. INDEPENDENT EDUCATIONAL EVALUATIONS You have the right to an independent educational evaluation at public expense if you disagree with the evaluation that the district has provided for your child. An independent educational evaluation is an evaluation by a qualified examiner who is not an employee of the school district responsible for your child. Public expense means that the school district must arrange for the valuation to be provided at no cost to you. If you request an independent evaluation, it is important to clearly inform the district about your request. The school district may ask why you disagree with the evaluation they have provided for your child. You may, but are not required to, provide an explanation. The school district must inform you about where an independent educational evaluation may be obtained, and advise you of the school district's criteria that apply to independent educational evaluations. You are not required to use an evaluator from the school district's list. If you request an independent evaluation, or reimbursement for an independent evaluation, the school district must respond to your request without delay. The school district must either request a due process hearing to show that its evaluation is appropriate for your child, or assure that the independent evaluation is provided at no cost to you. If the school district initiates a due process hearing and the final decision is that the school district's evaluation is appropriate, you may obtain an independent educational evaluation at your own expense. If you obtain an independent educational evaluation, the results of the evaluation must be considered by the school district, in any decision related to your child's free appropriate public education. The results of the evaluation may be presented as evidence at a due process hearing. If a due process hearing officer requests an independent educational evaluation as part of a hearing, the cost of the evaluation must be at public expense. RESOLVING DISPUTES If you have concerns about your child s special education services, the first step is to talk to your child s regular or special education teacher, the building principal or the school district s special education representative. It helps to deal with concerns when they first arise so steps can be taken as soon as possible to support the working relationship among parents, staff, and children. If the concerns are not resolved, you can take further steps to address them, including mediation, a written complaint to ODE, and/or requesting a due process hearing. Mediation You may ask the school district to try mediation. A mediator is a neutral person who is trained in strategies to assist parents school districts to resolve disagreements over difficult issues. Mediation is voluntary, confidential, and informal. Both parents and school staff must agree to try mediation 141

143 before a mediator will be appointed. If you have requested a due process hearing, the Oregon Department of Education (ODE) will pay the costs of mediation. Otherwise, the costs of mediation will be paid by the school district. For more information about mediation, you may obtain a copy of the ODE Office of s mediation brochure and handout by calling (503) , ext Written Complaint If you believe the school district has violated the IDEA, you may file a written complaint with ODE. A complaint investigation is an informal, objective review of your concerns by ODE staff. Complaints must be related to a violation within the 12 months before you file your complaint with the Department. ODE staff may review information for up to three years before the time that you filed your complaint if the problem is continuing or if you are requesting compensatory services. Compensatory services are educational services provided to make up for services that should have been provided but were not. The written complaint must describe the violation, include your name and contact information, and give specific facts about the problem(s). Written complaints are sent to: State Superintendent of Public Instruction Oregon Department of Education 255 Capitol Street NE Salem, OR If you file a written complaint of this type, the ODE must investigate and send a written order within 60 days. This timeline maybe extended if there are exceptional circumstances related to the complaint. The final order does not identify you or your child by name. The final order is a public record. A complaint investigation order is considered an uncontested case under state law. If your are dissatisfied with the results you may appeal within 60 days to the Marion County Circuit Court or the Circuit Court for the County were you live. The complaint order does not prevent parents from requesting a due process hearing on the same violations. More information about the complaint investigation process is available from ODE s Office of Special Education by calling (503) , ext Due Process Hearing You may request a due process hearing if you disagree with the identification, evaluation, educational placement or other aspects relating to your child s free appropriate public education. A due process is a formal legal proceeding. Like written complaints, hearing requests are made to the State Superintendent of Public Instruction. The parent, or the attorney representing the child, shall provide notice to the Oregon Department of Education when requesting a hearing. The notice must include: The child s name and address; 142

144 The name of the school the child is attending; A description of the disagreement prompting the parent s hearing request, including specific facts about the disagreement; and Any suggestion the parent has for solving the problem. Upon request, the Department shall provide a copy of a model form to assist parents in filing a request for a due process hearing. The Department may not deny or delay a parent s right to a due process hearing for failure to provide this notice. For al child not yet placed in a special education program, a school district may, but is not obligated to, request mediation or a hearing when a parent refuses to give consent for an initial evaluation or for the child s initial in a special education program. For a child who is currently receiving special education services, if a parent refuses consent for a reevaluation or refuses to cooperate in any activity that the school district deems necessary to provide the child with free appropriate public education. A model form for requesting a due process hearing is available from the Office of by calling (503) , ext It is important to raise and resolve your concerns when they occur. Time limits may apply. If you have questions about how time limits may affect your situation, you may want to consult your school district or an attorney. A school district also may request a due process hearing when a parent refuses consent for evaluation or placement or to demonstrate that the school district has conducted an appropriate evaluation and/or offered a free appropriate public education. Parental consent is not required if a hearing officer determines under OAR that the evaluation, reevaluation, or initial special education placement is necessary to ensure that the student is provided with a free appropriate public education. When you request a hearing the ODE staff will provide you with a copy of this Notice of Procedural Safeguards, inform you that mediation is available at no cost, and advise you of any free or low-cost legal services. An impartial hearing officer will be appointed to conduct the hearing. A hearing must be completed and final order issued within 45 days of ODE s receipt of a hearing request unless the hearing officer grants an extension of time at the request of a part Your due process hearing rights include: the right to bring an attorney who can give you advice; the right to bring one or more individuals who have special knowledge or training about children with disabilities; the right to have your child remain in his or her current educational placement during the process of hearing and appeal unless: --you and the district agree to another placement; --your child is applying for initial admission to a public school and you consent to your child's placement in a public school program; --your child is removed by the school district to an interim placement for up to 45 days for a 143

145 weapon, or drug violation; or --you child is removed by a due process hearings officer to an interim placement for up to 45 days due to the substantial likelihood of injurious behavior; the right to present written and verbal evidence, and to confront, cross-examine, and require witnesses to be present; the right to be informed at least business five days before the hearing of the evaluations completed by the district by that date and recommendations based on those evaluations that they intend to use at the hearing; the right to have your child present who is the subject of the hearing; the right to have the hearing closed or open to the public; the right to prohibit the introduction of any evidence at the hearing that has not been disclosed to you at least five business days before the hearing. The hearing officer may prohibit the introduction of any evidence not disclosed five business days before the hearing without the consent of the other party; the right to obtain a written or, at your option, an electronic verbatim record of the hearing at no cost; and the right to obtain a written or, at your option, an electronic copy of the hearing decision at no cost. The final order will be given to the State Advisory Council for. The final order does not identify you or your child by name. It is a public record. Civil Actions. A decision by a hearing officer is final except that a losing party can bring a civil action in court within 120 days of the final order. If you file a civil action in federal or state court, the court must: receive the record of the hearing; hear additional evidence at the request of a party; and grant such relief as the court determines is appropriate. Attorney Fees. A court may award reasonable attorney fees to you if you prevail in the action. Attorney fees may be denied for attorney services after you have received a written offer of a settlement that is as favorable as the relief finally obtained; attorney attendance at an IEP team meeting unless the meeting is ordered by a due process hearing officer of court; or attorney attendance at a mediation that is conducted before a request for a due process hearing. Attorney fees may be reduced if you unreasonably delay the final resolution; the amount of the attorney fees unreasonably exceeds the community rate for similar services, skills and experience; the time spent and legal services provided are considered excessive; or the written request for a hearing did not include all of the required information. 144

146 School Discipline & Placement in Interim Alternative Educational Setting School districts may suspend a student with a disability from his/her current educational placement for disciplinary reasons for up to ten school days in a row. Districts may use short-term removals, including suspension, moving your child to an appropriate interim alternative educational setting, or putting your child in another setting, to the same extent these options would be used with students without disabilities. Districts may suspend a student from their current educational placement for additional periods of up to ten school days in a row in the same school year for separate incidents if the removals are not a change in educational placement. The school district must provide services that are necessary for your child to appropriately progress in his/her education during these removals. School personnel are responsible for deciding the services that will be provided. School districts must follow the special education procedures for disciplinary removals that are a change in educational placement. A change in educational placement includes suspensions and expulsions of more than ten schools days in a row; and a series of short-term removals from your child's educational placement that add up to more than ten school days if there is a "pattern" to the removals. A pattern depends on the length of each removal, the total amount of time removed, and how close in time the removals are to one another. School personnel will decide whether a series of removals is a "pattern" based on the specific circumstances of the case. MANIFESTATION DETERMINATION If school district personnel are considering a disciplinary removal that is a change in educational placement, the district must hold an IEP team meeting to make a manifestation determination. This meeting must take place immediately, if possible, or within ten days of the school district's decision to take this type of disciplinary action. School districts may not remove your child for disciplinary reasons for behavior that is a manifestation of his or her disability. The IEP team determines whether the behavior is a manifestation of your child s disability. You will be invited to participate as a member of this team. The IEP team may determine that the behavior was not a manifestation if the IEP team: reviews all relevant information, including test results, and any independent educational evaluations; information provided by the parents; observations of the child; and, the child s IEP and placement; and determines that, in light of the behavior: -- your child s IEP and placement were appropriate in relation to the behavior being disciplined; -- the special education services, supplementary aids and services, and behavior intervention strategies were implemented as described on your child s IEP; -- your child s disability did not impair the ability to understand the impact and consequences of the behavior; and -- your child s disability did not impair the ability to control the behavior. 145

147 If the IEP team concludes that the behavior was a manifestation of your child s disability; --the school district may not expel the student or suspend the student for more than ten school days in a row, or for more than ten school days in the new school year if the removals are a "pattern"; -- the school district or parent may hold an IEP meeting to review the information; and -- the IEP team may make changes in the child's IEP services and/or placement. If the IEP team concludes that the behavior was not a manifestation of your child's disability: the school district may take disciplinary action, such as expulsion, in the same manner as it would for children without disabilities; the school district must make sure that the special education and disciplinary records of your child are provided to the expulsion hearing officer if an expulsion hearing is required; the school district must continue to provide a free appropriate public education to your child consistent with the child s individual needs and Oregon s alternative education requirements; and the school district must provide you with notice of the change and a copy of this Notice of Procedural Safeguards. If you disagree with the IEP team s decision, you can request an expedited due process hearing. Behavior Plan. If your child is removed for more then 10 school days, the school district may be required to have an IEP meeting to: develop an assessment plan to address the behavior, or, if the child has a behavior intervention plan, review and modify the plan, as necessary, to address the behavior. Removals for Weapon or Drugs. School personnel may move a child to an interim alternative educational setting for 45 days if the child carries a weapon to school or to a school function or possesses a weapon at school, or the child knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function. Removal by a Hearing Officer. A hearing officer may move a child to an interim alternative educational setting for up to 45 days at a time if the school district has made reasonable efforts to minimize the risk of harm in the current placement and the interim alternative educational setting meets the requirements below. This process may be repeated. Interim Alternative Educational Setting. Any interim alternative educational setting must: allow your child to continue to participate in the general curriculum, although in a different setting; allow your child to continue to receive services and 146

148 modifications, including those described in your child s IEP, to enable your child to meet IEP goals; and, include services and modifications designed to address the child s behavior. CHILDREN ATTENDING PRIVATE SCHOOLS Limitation on Services Children who are enrolled by their parents in private schools may participate in publicly funded special education and related services. Federal law allows school districts to limit the amount they spend for these services. If your child is to receive special education services under this provision, the school district will meet with you to develop a service plan describing the services to be provided to your child. Federal law permits special education and related services to be provided at the private school to the extent consistent with state law. When Reimbursement is Not Required School districts are not required to pay for the cost of education, including special education and related services, of a child with a disability at a private school or facility if the school district made a free appropriate public education available to the child and the parents chose to place the child in a private school or facility. When Reimbursement May Be Required A court or hearing officer may require a school district to reimburse parents for the cost of private school placement made without the consent of or referral by the school district only if: --the child received special education and related services under the authority of a public agency before enrolling in the private school; and, --the court or hearing officer finds that, at that time, the school district did not make a free appropriate public education available to the child in a timely manner. When Reimbursement May Be Reduced or Denied Notice before removing child from public school. The court or hearing officer may reduce or deny reimbursement if the parents did not inform the school district that they were rejecting the placement proposed by the school district and state their concerns and their intent to enroll their child in a private school at public expense. This notice must be given either: at the most recent IEP meeting that the parents attended before removing the child from public school, or in writing to the school district at least ten business days before removing the child from public school. A court or hearing officer may not reduce or deny reimbursement if: --a parent does not give this notice if the parent is illiterate and cannot write in English; 147

149 --Giving notice would likely result in physical or serious emotional harm to the child; --the school prevented the parent from giving notice; or, --the parent had not received a copy of this Notice of Procedural Safeguards or otherwise been informed of this notice requirement. Evaluation by school district. The court or hearing officer also may reduce or deny reimbursement I the parent does not make the child available for an evaluation by the school district, providing: --the school district gave prior written notice of its intent to evaluate or reevaluate the child; --the purpose of the evaluation as described in the prior written notice was appropriate and reasonable; and, --the prior written notice was given before the child was removed from the public school. Unreasonableness. Reimbursement may also be reduced or denied upon a judicial finding that parents were unreasonable in their actions or the costs of the private program are unreasonable. TRANSFER OF RIGHTS AT AGE OF MAJORITY Under Oregon law, persons reach the "age of majority" and become legal adults when they reach their 18th birthday, marry, or are legally emancipated. After age 18, a person is no longer under the legal guardianship of their parent or other adult unless a court has established adult guardianship. Students who have reached the age of majority are responsible for making decisions about their own education. The special education procedural safeguards in this booklet will transfer to the student at the age of majority unless the student has a court-appointed legal guardian or surrogate parent. This means that the student will have the right to participate as the decision-maker in eligibility, IEP and placement meetings, to consent or refuse consent for evaluation or reevaluation, and to exercise other special education rights. A student who has reached the age of majority may ask the school district to appoint a surrogate parent for them if they prefer not to exercise these rights and have no court-appointed guardian or surrogate parent. The district will notify you and your child that the procedural safeguards will transfer at the age of majority at least one year before your child's 18th birthday. The school district shall provide notice to the student and the parent that rights will transfer at the age of majority (this notice shall be provided at the IEP meeting and documented on the IEP) more than one year before the student s 18 th birthday, if the student s IEP Team determines that earlier notice will aid transition; or, the school district shall provide written notice to the student and to the parent at the time of the transfer. Once rights transfer, parents continue to receive notices of meetings and prior written notices of district actions. However, the parent may not attend meetings unless specifically invited by the student or the school district. 148

150 Pursuant to a protective proceeding under ORS Chapter 125, the Probate Court may find the student to be incapacitated to make educational decisions and may appoint a guardian to exercise these rights. The Juvenile Court may appoint a surrogate parent to exercise these rights if the student is under wardship. School districts are not responsible for the costs of a protective proceeding unless the school district is the Petitioner. If you have concerns about the ability of your child to make decisions or questions about guardianship, you may want to consult with an attorney or other knowledgeable person or resource for additional information. More information is available from ODE's Office of on request by calling (503) , ext OTHER RESOURCES The publicly funded organizations listed here may be able to assist you in understanding the procedural safeguards and other provisions of the IDEA. Greater Albany Public School District 8J 718 SW 7th Ave. Albany, OR (541) Coalition in Oregon for Parent Education (COPE) Salem: (503) Toll Free: (888) Website: National Information Center for Children and Youth with Disabilities (NICHCY) Toll Free: (800) Website: Oregon Advocacy Center (OAC) Portland: (503) Toll Free: (800) Oregon Department of Education Office of Salem: (503) , ext. 637 Website: The State Advisory Council for meets several times each school year with a time for public comment. A brochure about the council and its meeting schedule are available from ODE s Office of by calling (503) , ext Additional copies of this pamphlet may be ordered from the Oregon Department of Education by calling , ext. 637 or writing to the Office of at the address on the front of this pamphlet or 149

151 calling us at the number listed above. You may also request this information in a larger format, in Braille or large print, or in Spanish, Russian, Chinese, or in Vietnamese by calling or writing to the Office of Special Education. CHILDREN WITH DISABILITIES UNDER SECTION 504 Some children may have a disability that affects a major life activity but are not eligible for services under the Individuals with Disabilities Education Act (IDEA). These children may be protected by Section 504 of the Rehabilitation Act of The rights of "504 only" children and their parents are in some ways similar and in some ways different from the procedural safeguards described in this booklet. For more information about Section 504, contact your school district s Section 504 coordinator. 150

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153 THERAPEUTIC LEARNING CENTER (TLC) PROGRAM OVERVIEW The Therapeutic Learning Center (TLC) is a school district sponsored day treatment transition program, provided in conjunction with the Children's Farm Home, which provides comprehensive educational and mental health services that foster growth and learning. The TLC offers a classroom environment with interventions promoting and practicing appropriate classroom and community behavior. A therapeutic component is integrated with academic instruction tailored to the individual. The TLC creates a behavioral, social and educational plan specific to the needs of each student. Within this framework, academic foundations are learned, social skills and coping skills are presented, and therapeutic issues within the families are assessed and addressed. In addition, the student is provided with support as the transition to neighborhood school occurs. The Educational/treatment team within the TLC consists of a special education teacher, two therapeutic special education assistants, a lead therapeutic special education assistant, a transition specialist and a child and family therapist. All members of the treatment team have experience working with children exhibiting social, emotional and behavioral needs in an educational environment. The capacity of the TLC is 12 students ranging from 6-13 years of age. Two openings are contracted by the Corvallis School District with the remaining 10 spaces filled at the discretion of GAPS and the TLC screening committee. The class size helps maintain a safe and therapeutic learning environment for students. A high staff to student ratio provides the opportunity for individual attention and direction. Daily schedule (approximate, does vary according to daily needs): 9:00 a.m. -- Breakfast/Opening 9:30 a.m. --Theme (academic/social skills) 10:15 a.m. -- Break 10:30 a.m. -- Group of Program (direct learning) 11:15 a.m. -- Classroom Jobs 11:30 a.m. -- Lunch and Recess 12:00 p.m. --Group or Program (direct learning) 12:45 p.m. -- Physical Education/Project 1:30 p.m. -- Journal/Silent Reading 152

154 1:45 p.m. -- Closing 2:00 p.m. -- Students Dismissed PRELIMINARY INTERVENTIONS Youth Services Team (YST) referral to access community resources. This must occur before a student can be referred to the TLC Program. Contact with behavior specialist from the ESD or District. Multiple behavior plans (extrinsic rewards, modified schedule, Focus Room interventions, etc.) have been implemented and tried over time. Demonstrated use of school resources to assist student. Counselor support (individual or group). Parent contract and involvement as part of behavior interventions. Documented implementation of several interventions is required prior to referral being considered. REFERRAL AND SCREENING PROCESS School team meets and feels TLC may be appropriate. School contacts District Elementary Behavior Specialist, Joshua Boehme at , to discuss appropriateness of referral. School contacts parent to obtain consent and support. Obtain TLC application from Joshua Boehme: contains parent, teacher and school components. Fill out application; make copies of eligibility statement, current IEP, Assessment Center information, most recent psychological evaluation, student information card, and physician's statement; a signed release of information and any other pertinent information determined appropriate. All of this must be included in returned application for the screening process to proceed. Missing items will hold up the process until received. Submit screening information to District Elementary Behavior Specialist, Joshua Boehme, at Grand Prairie. 153

155 If student appears appropriate, the TLC screening committee will contact the neighborhood school with available screening times. Neighborhood school contacts parent(s) to inform of scheduled screening time. At the time of screening it is MANDATORY that the following parities attend and participate: 1. Parent 2. Classroom Teacher 3. Teacher 4. Principal If any one of the above does not attend the screening will be rescheduled for another time. Optional attendees include: 1. Student 2. Counselor 3. Supported Education Assistant or other school personnel 4. Other parities deemed important by family, school, etc. After screening, the screening committee meets and considers: 1. If the student is appropriate for the program; 2. If the student fits current dynamics of program; 3. If the student will benefit from TLC services; and 4. Prioritizes students based on need (when there are several applications and limited openings.) Screening committee makes decision and informs school within two days. Neighborhood school informs parent(s) of screening decision and sets up change of placement meeting once student has been accepted. If the student is not accepted the building IEP team reconvenes to discuss needs and services. If student is accepted, the family and student meet with Child & Family Therapist prior to entrance. District Elementary Behavior Specialist or TLC staff complete transportation request and arranges transportation with bus garage. 154

156 Date is set for student to begin instruction at the TLC. SCHOOL RESPONSIBILITY AFTER PLACEMENT Neighborhood school case manager is responsible for coordinating annual IEP reviews and three-year reevaluations with the TLC. At least one school representative must attend student Master Treatment Plan meeting every six weeks. Classroom teacher must attend Master Treatment Plan meetings at time of student transition. The neighborhood school is responsible for providing State and District Assessment Tests upon receipt to the TLC. Neighborhood school is responsible for providing school curriculum and textbooks appropriate for students to the TLC. Neighborhood school must provide support to implement and follow student behavior plan during time of transition. 155

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158 ADOLESCENT LEARNING CENTER (ATLC) PROGRAM OVERVIEW The Adolescent Learning Center (ATLC) is a day treatment transition program funded by the Corvallis and Albany School Districts in conjunction with the Children's Farm Home. It is a program designed for adolescents at the middle school and high school level, who have demonstrated behavioral problems in their neighborhood schools. There are two components to the program: therapeutic and educational. The ATLC provides treatment in many formal and informal ways. One on one therapy, plus a wide variety of therapy groups, occurs on a regular basis. Family therapy is a necessary part of treatment. Treatment also occurs through regular work in the classroom, during physical activities, outings, and less structured times (bus ride, during breakfast, lunch and snack times, etc.). All students have a Master Treatment Plan, specifically designed to meet their needs. The MTP is reviewed every six weeks by the treatment their needs from their home school. School and treatment are combined at ATLC in an integrated fashion. The classroom setting provides an opportunity to enrich the child's academic progress, while helping the child overcome behavioral and emotional obstacles related to academic performance. The child's success in maintaining or improving academic and behavioral performance is our primary objective in order to return them successfully to their home school. The educational/treatment team with the ATLC consists of a special education teacher, three therapeutic special education assistants, a transition specialist and a child and family therapist. All members of the treatment team have experience working with children exhibiting social, emotional and behavioral needs in an educational environment. The capacity of the ATLC is 10 students ranging from years of age. Four slots are contracted by the Corvallis School District and four slots are contracted by the Greater Albany Public Schools, with the remaining two slots filled at the discretion of the ATLC screening committee. Daily schedule: 8:30 a.m. -- Breakfast 9:00 a.m. -- AM Group 9:15 a.m. -- Reflections 9:45 a.m. -- Math/Think Tank 10:45 a.m. -- Language Arts (M/W); Treatment Group (T/Th); Horse Program (F) 11:40 a.m. -- Lunch 157

159 12:15 p.m. -- Physical Education 12:45 p.m. -- Chess Club (M); Treatment Group (T/Th); Art (W/F) 1:30 p.m. -- PM Group 2:00 p.m. -- Students Dismissed PRELIMINARY INTERVENTIONS Convene an IEP meeting to create behavior goals. Implement the steps needed to meet these goals. Attend a Youth Services Team meeting and implement their recommendations. Contact with behavior specialist from ESD or District. Demonstrated use of school resources to assist student. Create a behavior plan as a team, implement the steps and document the outcomes. Include the family in this process. Documented implementation of several interventions is required prior to referral being considered. REFERRAL AND SCREENING PROCESS The IEP team and family meet and determine whether ATLC may be appropriate. The family contacts the ATLC to set up an initial interview with child & family therapist. The school and the parents will then complete an ATLC intake packet. This includes an eligibility statement, current IEP, Assessment Center information, most recent psychological evaluation, student information card, and physicians statement, a signed release of information and any other pertinent information determined appropriate. All of this must be included in returned applications for the screening process to proceed. Missing items will hold up the process until received. Submit screening information to the ATLC screening committee. The chairperson for the ATLC screening committee will contact the neighborhood school to set a screening time. The neighborhood school will inform the family of the screening time. At the time of the screening, it is MANDATORY that the following parities attend and participate: 158

160 1. Parents and student 2. Classroom Teacher (neighborhood school) 3. Teacher 4. Principal If any one of the above cannot attend, the meeting will be rescheduled. Optional attendees: 1. School counselor 2. Supported Education Assistant or other school personnel 3. Other parities deemed important by families, school, etc. After screening, the committee meets and considers: 1. If the student is appropriate for the program; 2. If the student fits current dynamics of program; 3. If the student will benefit from ATLC services; and 4. Prioritizes students based on need ( when there are several applications and limited spaces.) Screening committee makes decision and informs school within (2) days. Neighborhood school informs parent(s) of decision and schedules a meeting to determine change of placement. Case manager from neighborhood school makes transportation request. Student and family attend orientation meeting with special education teacher and child and family therapist. Student begins on set date. SCHOOL RESPONSIBILITY AFTER PLACEMENT Neighborhood school case manager is responsible for coordinating annual IEP reviews and three-year reevaluations with the TLC. At least one school representative must attend student Master Treatment Plan meeting every six weeks. 159

161 Classroom teacher must attend Master Treatment Plan meetings at time of student transition. The neighborhood school is responsible for providing State and District Assessment Tests upon receipt to the A TLC. Neighborhood school is responsible for providing school curriculum and textbooks appropriate for students to the A TLC. Neighborhood school must provide support to implement and follow student behavior plan during time of transition. Neighborhood will provide data request by ATLC after completion of transition. 160

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163 SPECIAL EDUCATION FOR HOME SCHOOL HOME SCHOOLING FOR STUDENTS WITH DISABILITIES When the district is informed that a resident student with disabilities is home schooled, the district provides written notice to the parent that it stands ready to provide a free appropriate public education if the student enrolls in the district. This notice is provided annually as long as: A. The student remains eligible for special education; B. The student is exempt from compulsory education as a home schooled student; and, C. The student is not receiving special education and related services from the district. The district will offer an individualized education program (IEP) meeting to consider continuation of special education and related services to the student with a disability in conjunction with home schooling. An IEP will only be developed for a student with a disability if the IEP team determines that a free appropriate public education can be provided in conjunction with home schooling. Services may be provided in the home only to the extent that special education or related services would be provided in the home if the student was not home schooled. The student s IEP team will be convened and an IEP developed, consistent with the requirements for IEP team meetings, IEP team membership and IEP content, with the following exceptions: A. The student s parent shall be treated as both parent and regular education teacher of the student unless the parent designates another individual as the regular education teacher; B. Under extend of nonparticipation in regular education the IEP shall state that the student is exempt from compulsory school attendance and regular education is provided through home schooling; and, C. The IEP will state how satisfactory educational progress will be determined for the student. The district ensures that: A. Students with disabilities who are home schooled are reevaluated at least every three years; B. If the team determines a specific evaluation is necessary to continue eligibility or to determine appropriate special education and related services for the student s IEP, and the parent refuses consent for such evaluation, or refuses to make the student available, the district will document to 162

164 the parent that the district stands ready to conduct the evaluation when the parent gives consent or makes the student available; C. If the district does not have sufficient evaluation information to determine eligibility or to develop an IEP, the district is not required to complete these activities. The district will provide prior written notice if the district terminates eligibility or services under these circumstances. TESTING AND REPORTING REQUIREMENTS If a student with a disability is receiving IEP services form the district and the IEP includes a provision for IEP team assessment of satisfactory educational progress, the district: A. Completes the assessment; and, B. Provides the parent with a copy of the results, including a summary statement indicating whether the student has made satisfactory educational progress in light of the student s age and disability. CHILD FIND If the district suspects that a home-schooled student has a disability, the district: A. Obtains parent consent for initial evaluation; and, B. Conducts an initial evaluation and determines the student s eligibility to receive special education and related services. If the student is eligible, the district notifies the parent and offers an opportunity for an IEP meeting to consider initiation of special education and related services to the student with a disability. If the parent refuses consent, does not respond or refuses to make the student available, the district documents to the parent that the district stands ready to conduct the evaluation when the parent gives consent or makes the student available. If the district permits partial enrollment of home-schooled students in its regular education program, the district will permit students with disabilities to participate to the same extent as non-disabled students, if appropriate, whether or not the student is receiving IEP services form the district. A student who is exempt from compulsory school attendance as a home-schooled student with a disability will continue to be considered an exempt home-schooled student by the district even though the student receives special education and related services from the district, unless these services are the equivalent of full-time enrollment in the district; or the district permits partial enrollment of home-schooled students and, pursuant to that policy, the student attends one or more regular education classes. 163

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