Policy 2419: Regulations for the Education of Students with Exceptionalities Frequently Received Comments by Section and Chapter

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1 Frequently Received Comments by and Chapter Directions: The chart below summarizes the most frequently received comments as per the unabridged Policy 2419 Comment Log. Responses to these frequently received comments include: 1) subsequent revisions with the corresponding chapters and section headings of the Policy (Bill Analysis version) where the revisions are located, or 2) WVDE s justification or rationale for maintaining the proposed policy language General The new format for the policies and procedures manual has been well received Purpose Incorporation by Reference Summary Severability Using Private and Public Insurance Funds to Provide FAPE Chapter 1-Free Appropriate Public Education Additional language has been added to clarify the district s responsibilities in seeking to access public insurance funds for the provision of services specified on an eligible student s IEP. Districts are not required to obtain consent each time access to public insurance is sought, unless there are documented changes in the provision of services. Training will be provided to districts this fall, and the state IEP forms will be revised to incorporate these requirements thus reducing the need for any additional forms or procedures. Locating Students Student Assistance Team Chapter 2-Child Find Language has been amended with regard to the district s responsibility to develop interagency agreements to ensure that the required transitions occur between Part B and Part C. Although not required, the development of such agreements will ensure IDEA requirements are met for serving preschool children with disabilities. Language has been amended to ensure alignment with Policy IDEA 2004 (and previous regulations) requires states to have in effect policies and procedures to ensure that children/students who are in need of special education are identified, located and evaluated. The SAT is one mechanism to accomplish a district s child find responsibilities and includes required procedures to ensure a timely referral and subsequent evaluation of students who are suspected of having a disability and are in need of special education. 1

2 Frequently Received Comments by and Chapter Initial Evaluation Additional Evaluations Prior Written Notice (PWN) Responses to Comments Chapter 3-Evaluation/Reevaluation Language has been clarified for documenting the receipt of parent consent for an initial evaluation. IDEA 2004 requires that evaluations are completed in a timely manner to address all of the student s special education needs and that an IEP is developed that meets the student s needs. Additional evaluations may be required to determine those needs and develop an appropriate IEP. Therefore, to ensure that student needs are identified and that FAPE is provided in a timely manner, timelines for the completion of additional evaluations are required. The proposed 45-day timeline has been revised to 60 days. The 60 days for additional evaluations is in addition to the 80-day initial evaluation timeline. Although the IDEA currently includes a 60-day timeline for initial evaluations, it permits states to retain previously adopted timelines. WV has chosen not to impose the more restrictive 60-day timeline for initial evaluations. Language has been added to include an 80-day evaluation timeline for those students who require a comprehensive multidisciplinary evaluation to determine if he/she meets the criteria for a different exceptionality. Districts will not be in violation of the 60-day timeline if an outside agency fails to complete a required evaluation. PWN has been further clarified in the glossary IDEA requires the provision of written notice to parents prior to specific actions or refusals being implemented that change the identification, evaluation, placement or FAPE for a student. Training will be provided to districts this fall, and the state special education forms will be revised to ensure they contain the required components of PWN. Eligibility Criteria Chapter 4-Eligibility Eligibility criteria for the following were revised: - Autism: added school psychologist to list of persons who may provide a diagnosis - Blindness and Low Vision: clarified language with regard to acuity and field of vision - Gifted: reinstated previous language with regard to standard error of measurement - Speech/Language Impairments: amended language in the definition and criteria for articulation/phonology disorder (also refer to Executive Summary). Training specific to these revisions will be conducted. - Specific Learning Disabilities (SLD): (implementation of RTI timelines) (refer to Executive Summary) - Definition for traumatic brain injury (TBI) is maintained as it is consistent with the IDEA definition; students with internal causes of TBI may be eligible under another category (e.g., other health impairment). 2

3 Response to Intervention (SLD Criteria) Frequently Received Comments by and Chapter - Definition for SLD is maintained as it is consistent with the IDEA definition Chapter 4-Eligibility continued Refer to Executive Summary Timelines for movement through all tiers of intervention are not appropriate. Using RTI requires a systematic application of professional judgment. Decisions for movement between tiers must be based on individual student achievement using benchmark assessments and progress monitoring. Furthermore, recommended timelines for Tier 2 are stated in this policy. Tier 3 is not restricted to the provision of special education services. For example, a student who has been excessively mobile during the early grades and/or has high levels of absenteeism might require Tier 3 intervention to achieve grade level competency. In such a case, the child s underachievement might be a lack of instruction rather than a specific learning disability. IEP Team Membership (excusal provision) IEP Initiation- Invitation to Team Meetings Placement Options: Ages 6-21 and 3-5 IEPs for Transfer Students IEPs for Children from WV Birth to Three Program Initiation of Services Chapter 5-Individualized Education Programs The district representative may use the excusal procedures. Timelines for notifying personnel of an excusal from attending an IEP Team meeting are not required by IDEA 2004 and may place an unnecessary burden on administrators. Timelines for notification of meetings are revised to ensure consistency throughout the document. Placement options and language are revised to meet the federally approved new definitions for the collection of IDEA Part B 618 data For 3-5 year olds, additional language has been added to clarify the determination of placements (e.g., time spent in school is added). IDEA 2004 requires the timely and prompt provision of FAPE in the case of students who are transferring within or from out-of-state. For these students, FAPE means providing comparable services to those specified on the student s current IEP rather than implementing the IEP exactly as written (e.g., all services, specific amounts of services, etc.). Language was revised from provide to initiate FAPE. Language has been amended with regard to the district s responsibility to develop interagency agreements to ensure that the required transitions occur between Part B and Part C. Although not required, the development of such agreements will ensure IDEA requirements are met for serving preschool children with disabilities. Chapter 6-Administration of Services Language is revised to clarify the initial provision of IEP services and implementation of IEPs at the beginning of the school year. 3

4 Frequently Received Comments by and Chapter Chapter 6-Administration of Services continued Provision of Staff District Actions (Not a Change of Placement) Refer to Executive Summary for Provision of Staff (caseloads) The use of assistive technology to access WVCSOs is added to the list of needs for Level I students. Criteria for submission and approval of waivers will be through the WVDE and monitoring by the Office of Assessment and Accountability. Caseloads based on a student s needs that are identified by a district administrator or designee, provide a means for delivering services that is more student focused and allows for administrative flexibility. The primary criterion for determining a teacher s caseload is whether the students IEPs can be implemented. Caseloads provide a maximum number in consideration of the aforementioned criterion. Scheduling and planning time for co-teachers is within a building administrator s authority. Caseloads for teachers of gifted students have not changed. Revising caseloads to be commensurate with those for students with disabilities and identifying students who are gifted as Level I or II would have financial implications with regard to personnel, transportation and/or facilities. Without additional legislative funding, these revisions would be financially impractical for districts. Caseloads for speech/language impairments have not changed and are lower than the national average. The provision of support personnel to meet the individual needs of a student is decided on a case-by-case basis by the student s IEP Team. Proposed policy provides for additional staff per classroom after the teacher: student ratio exceeds 1-6 for Level II. Chapter 7-Discipline Language was revised to reflect IDEA requirements (e.g., functional behavioral assessments and behavior intervention plans are not required when removals do not constitute a change of placement). Chapter 8-Private School Students Chapter 9- General Supervision and Accountability for Performance and Compliance Chapter 10-Procedural Safeguards Mediation Chapter 11-Dispute Resolution Language has been revised to state that discussions occurring during mediation may not be used as evidence in future legal actions 4

5 Due Process Complaint Frequently Received Comments by and Chapter Responses to Comments Chapter 11-Dispute Resolution continued Timeline is changed for the presentation of evidence in expedited hearings from two to five days in accordance with IDEA. IDEA requires the enforcement of mediation and resolution process agreements through civil action; other options are at each state s discretion. Glossary Terms and language were amended to be consistent with Policy 2419 content and other WVDE policies: - Prior Written Notice - Student Assistance Team - Student first language (e.g., student with an exceptionality) - Qualified speech-language pathologist Serious Misconduct was clarified to clearly communicate that students with disabilities may be removed from school for the listed infractions if no relationship is found between their disability and the misconduct during the manifestation determination meeting. Mastery is defined comprehensively in Policy 2510, and The terms duplicated and unduplicated are not referenced in the policy, and therefore, should not be included in the glossary. Appendices Removed Appendix Emotional/Behavioral Disorders Definition and Determination (to be revised) Added Appendix A-State Approved List for the Identification of Gifted Students in West Virginia Added Appendix E-Caseloads (from Policy 2419 effective July 16, 2001 for use through June 30, 2009) 5