Division of Exceptional Children DEC Forms Training

1
Division of ExceptionalChildren (DEC)
Forms Training

• Rowan Salisbury Schools
• August 20, 2008

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Agenda

• Overview of Materials
• Presentation of Forms Directions
• DEC 5
• DEC 6
• DEC 3
• Q and A

3
DEC 5Prior Written Notice

• Form Sections
• Eligibility
• Reevaluation
• Educational Placement/Change In Educational
  Placement Maximum Age of Eligibility
• Disciplinary Change In Placement
• Authority of school personnel
• Manifestation Determination Explanation of
  Action(s)

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Prior Written Notice

• Dec 5 (PWN)
• What is Prior Written Notice?
• Answer providing certain information in WRITING
• When is it provided?
• Answer When proposing or refusing to initiate or
  change the identification, evaluation, or
  educational placement of your child or to FAPE
  for your child.

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Dec 5 (PWN)

• PWN in Understandable Language
• a.) PWN form should be written in language of
  general public.
• b.) Forms should be provided in Native Language
  or other mode of communication the parent uses,
  unless not feasible to do so.

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Definition

• Native Language when used with an individual
  who has limited English Proficiency it means the
  language normally used by that person, or, in the
  case of a child, with Deafness, Blindness, or No
  Written Language use the language normally used
  by the childs parents.
• The mode of communication must be what that
  person normally uses to communicate (Sign
  Language, Braille, or Oral Communication).

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Dec 5 Layout of forms

• The new Dec 5 form is comprised of 3 pages. Each
  page has well defined sections that make the form
  very user friendly. The next 3 slides summarize
  the layout of the forms. You can view your copy
  as we talk about the form.

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Dec 5 Page 1 of 3

• Purpose
• Student Information
• Eligibility section
• Reevaluation section

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Dec 5 Page 2 of 3

• Education Placement or LRE
• Summary of Performance Section (exiting service
  or reason not)
• Disciplinary Change in Placement (after
  Manifestation Meeting has taken place)
• Explanation of Actions that were proposed or
  refused

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Dec 5 - Page 3 of 3

• Persons involved in the meeting (Signatures and
  Position)
• Explanation of rights to due process
• Contacts
• Date of implementation
• How and when parents received notice

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DEC 5a Discipline Change in Placement

• New form that has been implemented for prior
  written notice when a change of placement will
  occur for discipline.
• Will be explained in a different session dealing
  with Behavior Documentation.

12
Review of Forms Directions

• Question
• 1

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DEC 5 Prior Written Notice

• Question 1
• If an in-state transfer student arrives in our
  county and we receive all placement information
  from the previous school, do we have to do a DEC
  5 and an addendum to the current IEP to bring
  him/her formally into our LEA?

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DEC 5 Prior Written Notice

• Answer 1
• It would depend on the circumstances. If the
  child comes into the LEA with all the required
  information, there would be no need to do an
  addendum to the IEP and the DEC 5.
• The LEA should have practices in place to
  review the information provided from the previous
  LEA.

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DEC 5 Answer 1 (continued)

• The Policies state that if a child with a
  disability (who has a current IEP that was in
  effect in a previous LEA in the State) transfers
  to a new LEA in the State, and enrolls in a new
  school, the new LEA, in consultation with the
  parents, must provide FAPE to the child,

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DEC 5Answer 1 continued

• (including services comparable to those
  described in the childs IEP from the previous
  LEA), until the new LEA either adopts the childs
  IEP from the previous LEA or develops, adopts,
  and implements a new IEP that meets the
  applicable requirements.
• NC 1503-4.4(e)

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Consent for ServicesDec 6

• Informed parental consent must be obtained before
  services begin.
• LEAs may not use due process or mediation to
  provide initial services if parents fail to
  respond or refuse to give consent for services.

NC 1503-1(b)
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• Consent for ServicesDec 6
• If parents refuse consent for services, the LEA
  will not be considered to have failed to provide
  FAPE to the child.
• Note Related services are only provided to
  students who receive special education services.

NC 1503-1(b)
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DEC 6Parent Consent for Initial Provision of
Special Education Related Services

• This form has been clarified.
• At time of initial, if the parent does not
  provide consent for initial placement, the LEA
  has no recourse.

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Review of DEC 6/ Directions

• Question
• 2 and 3

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DEC 6 Consent for Services

• Question 2
• Revoking consent does this require a
  reevaluation?

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DEC 6 Consent for Services

• Answer 2
• 
  
  
  
  
  
  
  
  
  
  
  
  
  
  The LEA
  should ensure that the parent is aware of the
  consequences of the revocation of consent.
• If the IEP Team determines the student continues
  to need special education, the LEA may file due
  process and continue providing services until a
  decision is rendered.

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DEC 6 Consent for Services

• Question 3
• If we have an out-of-state transfer with a
  current IEP (with or without parent signatures)
  do we go ahead and provide comparable services or
  go straight to the DEC 1?

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DEC 6 Consent for Services

• Answer 3
• The LEA must begin providing comparable services,
  in consultation with the parents.
• The new LEA must take steps to promptly request
  the childs records.
• Upon receipt of the childs records, the IEP Team
  would review the existing data, and if it is
  decided that additional assessments are needed to
  determine eligibility in NC then complete the DEC
  1.

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DEC 6 Answer 3 (continued)

• If the records are not received promptly, the new
  LEA must initiate the initial eligibility process
  beginning with the DEC 1.
• NC 1503-4.4(f)

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DEC 3 Eligibility Worksheets

• Basic Format
• Documents required screening and evaluations
  (Differs for each disability category)
• Facilitates/documents discussion of student
  specific information gleaned from screenings and
  evaluations

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DEC 3Eligibility Worksheets

• Basic Format, cont.
• -Facilitates/documents discussion of specific
  criteria for eligibility (Differs for each
  disability category)
• -Facilitates/documents discussion of
• adverse impact on educational
• performance
• -Facilitates/documents discussion of the need
  of specially designed instruction.

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DEC 3Eligibility Determination

• One sheet for eligibility determination for all
  areas of disability
• 3 3 eligibility
• Primary and secondary eligibility determinations
• Students are not determined eligible for
  related services

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Review of DEC 3/ Directions

• Question
• 4 - 5

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DEC 3Summary of Evaluation Worksheet/Eligibility
Determination

• Question 4
• Define exactly what Observation across Settings
  means?
• Could we use the observation documented by a
  psychologist during testing?
• Is there a form to be included? Do observations
  have to be formal?

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DEC 3Summary of Evaluation Worksheet/Eligibility
Determination

• Answer 4
• Settings generally refer to environments
  (classroom, cafeteria, playground, etc.).
• The psychologists testing observation should not
  be considered an observation because the test
  setting is not a natural environment for the
  child.

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DEC 3 Answer 4 (continued)

• An observation across settings could occur within
  one observation session, looking at functional
  and academic performance, or on multiple days in
  different environments.
• NC 1503-2.1 through NC 1503-2.7

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DEC 3Summary of Evaluation Worksheet/Eligibility
Determination

• Question 5
• The information states a communication evaluation
  will yield the same information as a
  speech-language evaluation.
• Do you mean it must cover all four areas?
• Will we be conducting a speech/language
  evaluation PLUS augmentative communication
  pragmatics assessment?

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DEC 3Summary of Evaluation Worksheet/Eligibility
Determination

• Answer 5
• A communication evaluation includes pragmatics
  and may include augmentative communication, if
  appropriate, as well as the areas covered in a
  speech-language evaluation. The IEP Team would
  determine the areas that need to be assessed.
• NC 1503-2.5(b)(4), NC 1503-2.5(b)(6)
• NC 1503-2.6(a-c)

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QUESTIONS???
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Thank you for your commitment to students with
disabilities in North Carolina!