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Rule 52 and Verification Guidelines

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Title: Rule 52 and Verification Guidelines


1
Rule 52 and Verification Guidelines
  • December 9, 2008
  • December 18, 2008
  • and finally... January 23, 2009
  •  

2
Rule 51
  • Effective August 30, 2008
  • Revisions and regulations from the 2004
    Reauthorization of IDEA

3
What happened when the man drove his expensive
car into a tree?
  •  
  •  

4
He found out how the Mercedes bends.
  •  
  •  

5
Section 3--Definitions
  • 3.06 At no cost
  • New specially designed instruction provided
    without charge
  • incidental fees that are normally charged to
    nondisabled students or their parents are allowed
  • 3.17 Early childhood special education (ECSE)
  • Old special education for children birth to age
    3 and families
  • New special education for children below age 5
  • 3.18 Early intervening services
  • New coordinated may include interagency
    financing
  • students K-12 with emphasis on K-3
  • not currently identified as needing SPED but need
    additional academic and behavioral support to
    succeed in general education
  • 3.22 Equipment
  • New includes machinery, furniture, AV materials,
    telecommunications, sensory and other
    technological aids and devices

6
Section 3--Definitions
  • 3.23 Equitable Services Plan
  • New written statement describing services to a
    parentally-placed non-resident student in a
    nonpublic school located in the district
  • NOT FAPE
  • 3.24 Evaluation
  • Old included reference to Section 006
    Verification Criteria and requirement for
    determining status of all developmental domains
    for Birth to Age 3
  • New removes all but definition
  • 3.49 Parent
  • New expanded definition (page 6 Rule 51)
  • 3.54 Related Services
  • New expands information related to medical
    device that is surgically implantedcochlear
    implants (page 7 Rule 51)

7
Section 3--Definitions
  • 3.59 Serious bodily injury
  • New substantial risk of death extreme physical
    pain protracted and obvious disfigurement or
    protracted loss or impairment of the function of
    a bodily member, organ or mental faculty
  • 3.63A Physical Education
  • New definition that includes a wide variety of
    types of activities
  • 3.63B Vocational Education
  • New definition that includes preparation for
    paid or unpaid employment or for additional
    preparation for a career not requiring a
    baccalaureate or advanced degree
  • 3.64 Specially designed instruction
  • Old to meet the unique needs of a child with a
    disability.
  • New adapting as appropriatethe content,
    methodology, or delivery of instructionto ensure
    access to the general curriculum so that the
    child can meet the educational standardsthat
    apply to all children

8
Section 3--Definitions
  • 3.71 Travel training
  • New instruction to children with significant
    cognitive disabilitiesto develop an awareness of
    the environment in which they live and learn the
    skills necessary to move effectively and safely
    from place to place

9
Section 4Responsibility for SPED Programs
  • 4. 03A3 Regular high school diploma
  • New does not include an alternative degree that
    is not fully aligned with the states academic
    standards such as a certificate or a general
    educational developmental credential (GED)
  • 4.05 Participation in assessments
  • Old district shall develop guidelines for the
    provision of appropriate accommodations and
    modifications
  • New provision of appropriate accommodations.
  • 4.14F SPED requirements
  • New NDE will monitor districts on the
    implementation of IDEAand annually report on the
    districts performance. (District Determinations)

10
Section 6Identification
  • Verification Criteria Removed from RuleNow a
    Technical Assistance Document
  • Now includes brief descriptors of each disability
    category
  • 6. 01A1 Highly mobile
  • New definition now includes migrant children
  • 6.02 General Evaluation Requirements
  • New screening to determine appropriate
    instructional strategies is not an evaluation for
    eligibility
  • 6.03F MDT for Specific Learning Disability
  • New performance on grade level standards
    (006.03F2f)
  • environmental, medical, cultural effects
    (006.03F2g)
  • instructional strategies used and the
    student-centered data collected (006.03F2h)
  • district must have policies RE amount and nature
    of student performance data that would be
    collected and the general education services that
    would be provided (006.03F2h(1))
  • strategies for increasing childs rate of
    learning (006.03F2h(2))
  • parents right to request an evaluation
    (006.03F2h(3))

11
Section 7IEPs and IFSPs
  • 7.02 IEP Requirements
  • New make a good faith effort to assist the
    child to achieve the goals and objectives or
    benchmarks listed in the IEP.
  • 7.02A1 IEP Requirements for Age 3-5
  • New (including an educational component that
    promotes school readiness and incorporates
    pre-literacy, language and numeracy skills for
    child with an IFSP who are at least three years
    of age)

12
Section 7IEPs and IFSPs
  • 7.02A2 Differences between IFSP and IEP
  • New provide a detailed explanation of the
    differences between an IFSP and an IEP and if the
    parents choose an IFSP, obtain written informed
    consent from the parents.
  • 7.03A2  Regular Education Teacher Attendance
  • "A member of the IEP team shall not be required
    to attend an IEP meeting, in whole or in part..."
  • 7.03A10b Adult Agency participation
  • Old A representative of any other agency that
    is likely to be responsible fortransition
    services
  • New To the extent appropriate, with the consent
    of the parents or a child who has reached the age
    of majority, district must invite a
    representative

13
Section 7IEPs and IFSPs
  • 7.07C1 ServicesCochlear Implants
  • New Routine checking of hearing aids and
    external components of surgically implanted
    medical devices.
  • 7.07C1b Cochlear Implants
  • New district must ensure that the external
    components of surgically implanted medical
    devices are functioning properly.
  • 7.07C1b(i) Cochlear Implants
  • New district is not responsible for the
    post-surgical maintenance, programming or
    replacement of the medical device that has been
    surgically implanted (or of an external component
    of the surgically implanted medical device.

14
Section 7IEPs and IFSPs
  • 7.07C4 ServicesNonacademic and Extracurricular
  • New provision of supplementary aids and
    services determinedby the IEP to provide
    nonacademic and extracurricular services and
    activities in the manner necessary to affordan
    equal opportunity for participation in those
    services and activities.
  • 7.07C4a ServicesNonacademic and Extracurricular
  • New counseling services, athletics,
    transportation, health services, recreational
    activities, special interest groups or clubs
    sponsored by the district, referrals to agencies
    that provide assistance to individuals with
    disabilities, and employment of students,
    including both employment by the district and
    assistance in making outside employment
    available.

15
Section 7IEPs and IFSPs
  • 7.09E1 Changes to the IEP
  • New If changes are made to the IEP (without an
    IEP team meeting) the district must ensure that
    the childs IEP team is informed of those
    changes.
  • 7.09F Changes to the IEPParent Copy
  • New Upon request, a parent must be provided
    with a revised copy of the IEP with the
    amendments incorporated.

16
What happened to the dog that gave birth near a
road?
  •  

17
She was ticketed for littering.
  •  

18
Section 8Placement of Children with Disabilities
  • 8.01C Placement
  • New In determining placementincluding a
    preschool child
  • 8.01D1b SPED Continuum
  • New Make provision for supplementary services
    (such as resource or itinerant instruction) to be
    provided in conjunction with regular class
    placement.
  •  
  • Letter to Trigg
  • No mandate for each building to have full
    continuum but each district must have access to
    all levels of service
  • C.R.R. v. Water Valley Sch. Dist.
  • A severely disabled childs placement in a
    neighboring school district was appropriate and
    LRE for the child.  No federal appellate court
    has recognized a right to a neighborhood school
    assignment under the IDEA.
  •  

19
Section 9Procedural Safeguards
  • 9.01C
  • Old if those issues are not addressed in the
    childs IEP.
  • New A meeting does not include informal or
    unscheduled conversations involving school
    district or approved cooperatives personnel and
    conversations on issue such as teaching
    methodology, lesson plans, or coordination of
    service provision.
  • 9.02 Parent Involvement in Placement Decisions
  • New Four new sections defining how parents are
    to be involved in placement decisions
  • District shall ensure that a parent is a member
    of the group that makes placement decisions.
  • Same requirements as participation in IEP meeting
    (notice ahead of time mutually agreed on time
    and place)
  • Other methods allowed (phone, video conferencing)
  • Records of attempts to ensure parental
    involvement
  • 9.03B Opportunity to Examine Records
  • New Parents permitted to inspect and review
    records in no case more than 45 days after the
    request has been made.

20
Section 9Procedural Safeguards
  • 9.03J
  • New Parent Consent or consent of child who has
    reached age of majority required before release
    of identifiable information to parties other than
    officials of the participating agencies
  • Parent Consent not required before personally
    identifiable information released to officials of
    participating agencies for purposes of meeting
    requirements
  • If a child is attending a nonpublic school that
    is located outside of the parents resident
    district, parent consent required before
    information shared between agencies
  • 9.04 Procedural Timelines--Initial MDT
  • Old MDT complete within 60 calendar days of
    receiving parental consent for evaluation
  • New 45 school days
  • 9.02A3 Services Provided
  • Old Parent consent for initial placement shall
    requested within five school days of the IEP
    conference. Special education placement shall be
    completed within five school days of receipt of
    parental consent.
  • New As soon as possible following development
    of the IEP, special education must be made
    available to the child in accordance with the
    IEP.

21
Section 9Procedural Safeguards
  • 9.06A Parent Rights
  • Available on NDE website    (use Internet
    Explorer, not Firefox)
  • NDE Teams and Sections
  • --Special Populations
  • --Parent Information
  • Parents may receive notices electronically.
  • 9.08 Parent Consent
  • Parent Consent for Initial Evaluations
  • --Consent before evaluations
  • --Not construed as consent for provision of
    services
  • --Must make reasonable effort to obtain consent
  • --Ward of the State, not residing with parent,
    consent not required if       Cannot discover
    parents whereabouts
  •           Rights have been terminated
  •           Educational rights subrogated
    (substituted) by judge
  • If a parent does not consent, or fails to respond
    to requests for consent, the district may, but is
    not required to pursue consent through mediation
    or a due process hearing.

22
Section 9Procedural Safeguards
  • 9.08B Consent for Services
  • Have informed parent consent before initial
    provision of services
  • Make reasonable attempt to obtain consent
  • If Parents refuse, may not use mediation or due
    process procedures (No means no.)
  • If consent is refused, will not be considered a
    violation of Rule 51 not required to convene an
    IEP meeting.
  • 9.08C Consent for Reevaluations
  • Have informed parent prior to reevaluation
  • If parent refuses consent, district may, but is
    not required to
  • pursue reevaluation by using the consent override
    procedures (9.08A5)
  • Informed parent consent need not be obtained if
    district can demonstrate that
  • --it made reasonable efforts to obtain consent
  • --the parents failed to respond

23
Section 9Procedural Safeguards
  • 9.08D Other Consent Requirements
  • Parental Consent not required for
  • --Reviewing existing data
  • --Administering a test that will be administered
    to all children
  • May not use a parents refusal to consent to one
    service to deny the provision of other services
  • If parents of a nonpublic or home schooled child
    with a disability do not consent to initial
    evaluation, the district may not use the consent
    override procedures and is not required to
    consider the child as eligible for services.
  • Must document attempts to obtain consent

24
Section 9Procedural Safeguards
  • 9.10D3b Surrogate Parent for Homeless Children
    who do not have a Parent
  • New appropriate staff of emergency shelters,
    independent living programs, and street outreach
    programs may be appointed a temporary surrogate
    parentsuntil a surrogate parent can be appointed
    that meets all requirements
  • 9.11 State Complaint Procedures
  • Pages 62-64 includes requirements, procedures,
    and timelines for complaints
  • 9.13B-E Resolution Period
  • Pages 67-68 define the newly added Resolution
    Period requirements

25
Section 10Qualifications of Special Education
Personnel
  • 10.06  Quality Assurance Screening Test (QAST)
    Competencies
  • If unable to find a qualified sign interpreter,
    district may
  • --Hire for one year an interpreter who has
    received a Skills at or above the required
    level, or Hire with Caution
  • --May employ up to two year, an interpreter who
    demonstrates the minimum competency level of 2.5
    on the EIPA, NAD or QAST

26
What happened to the herb gardener who worked
overtime? 
  •  

27
He was paid thyme and a half.
  •  

28
Section 12Application and Payment Process
  • 12.08  Expenditures for Parentally-Placed
    Non-public School Children
  • Equitable services, not FAPE

29
Section 14Transportation
  • 14.01D3 Equitable Services Costs Include
    Transportation
  • Section 15Children with Disabilities Attending
    Non-Public Schools
  • Pages 99-108

30
Section 16--Discipline
  • 16.01A2 Removals that constitute a pattern
  • Series of removals total more than 10 school days
    in a school year
  • Behavior is substantially similar to previous
    incidents AND
  • Additional factors such as length or each
    removal, total amount of time removed and the
    proximity of the removals to one another
  • 16.02B1 gt10 Days
  • Even without a change of placement, if a district
    exceeds 10 days of removal, SPED services must be
    provided according to Section 16 of Rule 51. 

31
What did the zoo name the camel with a flat
back? 
  •  

32
Humphrey
  •  

33
Rule 51 Verification Section
  • Mostly Federal Language about Disability
    Verification
  •  
  • "How-to" formulas are removed
  •  
  • Operational definitions moved to Verification
    Guidelines - Technical Assistance Document

34
Verification Guidelines Format  
  • Section I - Three-Part Eligibility
  • Meet verification criteria
  • Documentation of adverse effect on educational
    performance
  • Determination that a need for special education
    is evident
  •  
  • Section 2 - Definition of Disability
  •  
  • Section 3 - MDT Composition
  •  
  • Section 4 - Verification Guidelines - Areas to be
    assessed, evaluated, analyzed, and documented

35
Verification Guidelines Format
  • Section 5 - Procedures to Determine Adverse
    Effect
  • extensive list of factors to consider - think
    broadly
  • consider the preponderance of the evidence
  • framework for documenting specific adverse
    effects that would be addressed on an IEP
  •  
  • Section 6 - Related Definitions
  •  
  • Section 7 - Frequently Asked Questions
  •  
  • Section 8 - References and Resources

36
Autism
  • Rule 51 p. 24,  Guidelines p. 15
  •  
  • Developmental disability that significantly
    affects verbal and nonverbal communication and
    social interaction
  •  
  • Generally evident before age three
  •  
  • Adversely affects educational performance
  •  
  • Other characteristics often associated with
    autism - repetitive activities, stereotyped
    movements, resistance to change, and unusual
    responses to sensory experiences

37
Autism - continued
  • Does not apply to primary behavior disorders
  •  
  • Children over age 3 are not excluded
  •  
  • Autism label Autism Spectrum Disorder - defined
    by a set of behaviors
  • Atypical development of social competence
  • Atypical development of communication
  • Atypical range of interests and patterns of
    behavior
  • Additional indicators
  •  
  • Guide p. 21 - Good questions and Evaluation
    Strategies
  •  
  •  

38
Autism - Continued
  •  Page 20--Educational evaluation components
  •        
  •  
  •  
  • Medical diagnosis not required
  •  
  • Medical diagnosis should be considered but does
    not mandate educational verification
  •  
  • ASD Network for assistance

39
Behavior Disorder
  • Rule 51 p. 25 - Guide p. 33
  •  
  • BD Definition and Criteria remain unchanged
  •  
  • In IDEA 2004 referred to as "Emotional
    Disturbance"
  •  
  • Focus on Social/Behavioral/Mental Health Issues
    that have an adverse effect on educational
    performance or development
  •  
  •  

40
Developmental Delay
  • Rule 51 p. 26      Guidelines p. 63
  •     Criteria identical to previous Rule 51
  •  
  •     A significant delay is determined by
    standardized testing
  •  
  •             -at least 2.0 standard deviations
    below the mean in one
  •              area of development or
  •  
  •             -at least 1.3 standard deviations
    below the mean in two
  •              areas of development
  •  
  •                                         OR
  •     

41
Developmental Delay - Continued
  •     Informed clinical opinion
  •  
  •         -"...qualified professionals document
    that a child lags
  •          behind other children in reaching
    expected develop-
  •          mental milestones..."  "The
    developmental delay cannot
  •          be determined solely by standardized
    measures or 
  •          standardized procedures are not
    available for a given age
  •          or developmental area." 

42
HEARING IMPAIRMENT
  • Rule p. 26 - Guide p. 81
  •  
  • Definition change-hearing impairment
    "might/could" be expected to adversely affect the
    child's development or educational performance
    now reads "Will adversely affect"
  •  
  • Category is more flexible and condensed.
  •  
  • One section for Early childhood and School-Age.
  •  
  • TA Guide addresses many factors to consider when
    verifying a child with a hearing impairment.
  •  
  • A Deaf Educator must be on the MDT and IEP
    Teams. 
  •  
  •  
  •  

43
Mental Handicap
  • Rule p. 26 - Guide p. 95
  •  
  • Severity categories removed
  •  
  • Defined in Rule as "significantly subaverage
    intellectual functioning" with "deficits in
    adaptive behavior"
  •  
  • Guidelines define significantly below average
    functioning as "at least 2.0 standard deviations
    below the mean" - Standard Score of 70 or below
  •  
  • Guidelines also apply significantly below
    criteria to three component areas adaptive
    behavior, academic 
  • achievement, and intellectual functioning

44
MH continued
  • Practical Implications
  • Borderline (71-80) IQs no longer qualify for MH
    (with the exception of the use of Standard Error
    of Measure - p 103)
  •  
  • Of the three components Rule states that only IQ
    must be 70 or below with "deficits" in adaptive
    behavior
  •  
  • A formal adaptive behavior rating scale should be
    part of the evaluation but "adaptive behavior"
    should not be limited to the results of the scale
  •  
  • Examples?

45
Multiple Impairments
  • Rule p. 27 - Guide p. 107
  •  
  • Definition - concomitant impairments that cause
    severe deficits that cannot be addressed solely
    on the basis of one impairment - deaf-blindness
    is excluded.  Guide refers to multiplicity of
    disabilities such that a primary disability
    cannot be determined.
  •  
  • Rule removed the requirement of "Moderate MH" or
    below
  •  
  • Guidelines require scores of 45 or below the mean
    in IQ, adaptive behavior across settings, and
    functional academic skills

46
Orthopedic Impairment 
  • Rule 51 p. 27    Guidelines  p. 121
  •     Criteria remain the same as previous Rule 51
  •     "A child may not be verified with an
    orthopedic impairment based solely on a physical
    disability." 
  •     Why not?

47
Other Health Impairment
  • Rule p. 27 - Guide p. 137
  • Definition unchanged - Chronic or acute health
    problems which adversely affect the child's
    educational/developmental performance
  •  
  • Examples - asthma, attention deficit/hyperactivity
    disorder, diabetes, epilepsy, heart condition,
    hemophilia, lead poisoning, leukemia, nephritis,
    rheumatic fever, sickle cell anemia, Tourette
    syndrome - list does not exclude other
    medical/health conditions
  •  
  • Physician's report still required, but does not
    determine educational verification - MDT must
    determine and document adverse effect

48
Physician Input for OHI, OI and TBI
  • Stay tuned for new form
  • "Prescription pad diagnosis"
  •       Christopher M. v. Corpus Christi
  •             Fifth Circuit declined "to create a
    presumnption in favor of treating physicians." 
  •             "...school personnel often have great
    contact with a handicapped child than does a
    treating physician..."   

49
What do you call cheese that doesn't belong to
you? 
  •  

50
Nacho cheese
  •  

51
Specific Learning Disability
  • Rule p. 28 - Guide p. 151
  •  
  • Definition unchanged - "disorder ... in
    understanding or in using language, spoken or
    written, that may manifest itself in an imperfect
    ability to listen, think, speak, read, write, or
    to do mathematic calculations".  (8 areas)
  •  
  • Excludes learning problems primarily from visual,
    hearing, motor, intellectual, behavior disorders
    or resulting from environment, cultural, economic
    disadvantages or lack of appropriate instruction

52
SLD continued
  • Rule does not include an IQ-achievement discrepanc
    y formula
  •  
  • Disorder may be determined if student
  • does not have adequate achievement to meet
    state-approved grade-level standards
  • is not making sufficient progress toward meeting
    age or state approved grade-level standards in
    one or more of the SLD achievement areas
  •  
  • New "discrepancy formula" - 1) Level of
    achievement as compared to standards and 2) Rate
    of progress to meet the standards

53
Emphasis on Prereferral Instruction
  • Rule 51 - 006.04K5
  •  
  • Eliminate "lack of appropriate instruction" as a
    cause of underachievement
  •  
  • Provide data that child was provided appropriate
    instruction (delivered by qualified personnel)
    prior to, or as part of, the referral process
  •  
  • Data-based documentation of repeated assessments
    of achievement at reasonable intervals,
    reflecting formal assessment of student progress
    during instruction
  •  
  • A GOOD SAT PROCESS IS ESSENTIAL (AND REQUIRED)

54
We pause for this brief commercial
announcement.......
  • WHO    Lisa Kelly-Vance
  • WHAT    Workshop on Problem Solving Teams
  • WHEN   Wednesday, February 11
  •                 900-300
  • WHERE     ESU 6
  • Substitute stipends available through SCIP

55
SLD - Two options in Guidelines
  • State must adopt criteria for determining whether
    a child has a specific learning disability
  •  
  • State must not require the use of discrepancy
    between IQ and achievement
  •  
  • State must permit use of a process based on the
    child's response to scientific, research-based
    intervention that is consistent with State
    criteria.
  •  
  • NDE - MDT may use RtI or severe discrepancy
    formula

56
SLD - Severe Discrepancy
  • Guidelines p. 159
  •  
  • Similiarities to prior Rule 51 -
  • To qualify as SLD achievement score(s) must be 20
    points or more lower than assessed intellectual
    level
  •  
  • Classroom observation
  •  
  • Higher composite score may be used if there are
    large discrepancies on IQ test (16 points or
    more)
  •  
  •  

57
Severe Discrepancy - Changes
  • SLD qualifying achievement scores must be 84 or
    below - based on the presumption that scores
    within 1 S.D. of the mean are still in the
    average range and do not represent a "disorder"
  •  
  • IQ scores do not need to be "average" - 85 or
    above (must still be above 70)
  •  
  • Emphasis on Reliability of test scores
  •  
  •  
  •  
  •  

58
SLD Response to Intervention
  • "RtI provides a framework for guiding instruction
    for all children. The RtI processs is a
    multi-tiered approach that provides interventions
    to struggling children at increasing levels of
    intensity.  The problem-solving model serves as
    the over-arching structure that organizes
    assessment and intervention activities."
  •  
  •  

59
RtI - continued
  • A quality RtI process will include these
    Essential Elements
  •          
  • Team Leadership
  • Parent Involvement
  • Universal Screening Procedures and Assessments
  • Scientifically or Research-Based Core Instruction
    and Interventions
  • Individual Progress Monitoring
  • Planned Service Delivery Decision Rules
  • Intervention Delivery
  • Fidelity of Instruction
  • (SLD Verification - possible outcome - not a core
    element)

60
RtI - continued
  • Implementing a Quality RtI Process is a System
    Change that requires committment to develop
    organizational capacity
  •  
  • district and building leadership
  •  
  • school-wide buy in
  •  
  • integration of services
  •  
  • alignment of existing initiatives
  •  
  • professional development

61
What happens if you don't pay the exorcist?
  •  

62
You get repossessed.
  •  

63
Current Status of RtI for Verification
  • NDE and RtI Consortium is working on a process to
    validate a district's/building's readiness to use
    RtI for verification, based on the Essential
    Elements.
  •  
  • RtI "requirements" will be added to the next
    revision of Rule 51.  Until that is done a
    district that wants to use the RtI process for
    verification of SLD must submit its
    RtI Implementation Plan to the RtI Consortium for
    review.  RtI is now included on the Statement of
    Assurances that is submitted with Final Financial
    Reports. 

64
Current Status of RtI for Verification
  • "NDE realizes that the implementation of RtI
    involves systems change for both general and
    special educators which may take considerable
    time to effect.  If your district has implemented
    RtI to the extent that the MDT believes a
    comprehensive evaluation can be conducted based
    on RtI data, that process may be used for SLD
    verification purposes until the "Essential
    Elements" document is final.  If your district
    has not fully implemented RtI with fidelity, the
    use of a severe discrepancy model remains
    appropriate for verification of SLD."      NDE,
    Nov. 5, 2008
  •  
  • Proceed with CAUTION!!
  •  
  •  

65
Response to Instruction/Intervention
  • Is RtI a fad that will go away?
  •  
  • Almost certainly not - (RtI by August 2012, p.
    159--Reading, Kindergarten--Grade 6)
  •  
  • RtI is linked to
  • research-based instruction and intervention
  • providing early interventing services to
    struggling learners
  • data-based student achievement information
  • school improvement process
  • any current or future school accountability and
    reporting system

66
Why did the man put his name in the neck of his
shirt?
  •  

67
He wantedcollar ID.
  •  

68
Speech-Language Impairment
Rule p. 30       Guide pp. 173-202 New
definition---   "...demonstrate below average
performance in language or articulation, or
abnormal patterns in voice or fluency.
" Previously---"...demonstrate significant
difficulty..."
  •  

69
Speech-Language Impairment
Language No longer in Rule or Guidelines       
     General intellectual ability determined for
language disability AND scores must be 20 points
below ability              At least one form of
the assessment instruments used must yield a
standard score                                
......BUT......              MH child's
"developmental age" should be a major
consideration               Children should not
be verified based on low scores  on a single
test                    Repeated (emphatically)
on page 183       Page 181--Continuum
  •  

70
Speech-Language--continued
  •    Language Disorder Assessment Continuum
  •             Page 181
  •     Phonological Processes
  •             Page 182.................professional
    judgment

71
Speech-Language--continued
  • Articulation
  •     No longer different standards for different
    ages
  •     Page 184--extensive list of sources of
    information
  •                                    
    .......OR........
  •     Page 185--Articulation Disorder Assessment
    Continuum

72
Speech-Language--continued
  •     Voice
  •    Medical input required prior to voice therapy
  •  
  •     Presence of a medical condition (e.g. vocal
    nodules) does not automatically mean eligibility
  •     "The normal voice is unremarkable its
    quality, pitch, resonance, and intensity are
    appropriate to the individual's age, gender and
    cultural group.  These vocal parameters
  • do not call attention to themselves." p. 190

73
Speech-Language--continued
  •     Fluency
  •  
  •     Much more definitive than previous Rule 51  
  •     Fluency Disorder Assessment Continuum---p.
    193
  •  Page 194
  •     Computations--multiple sample and single
    sample method  
  •  
  •     Adaptation Effect--gt or lt 50?  
  •     Consistency Effect--gt or lt 1.0? 

74
Traumatic Brain Injury
  • Rule p. 30, Guide p. 203
  •  
  • Criteria basically unchanged
  •  
  • acquired injury caused by external physical force
  • resulting in total or partial functional
    disability or psychosocial impairment
  • adversely affects educational/developmental
    performance
  • does not include congenital, degenerative, or
    birth-related injuries
  •  

75
TBI - continued
  • Description of an event that resulted in brain
    injury
  •  
  • Evidence of impaired functioning
  •  
  • Severity of impaired functioning - adverse effect
  •  
  • See evaluation questions - p. 207
  •  
  • Brain Injury Regional School Support Teams
    (BIRSST)
  •  
  •  

76
Why should you wear da/di glasses in da/di math
class?
  •  

77
They helpwith division.
  •  

78
Visual Impairment
  • Rule p. 31 - Guide p. 223
  •  
  • Criteria basically unchanged
  •  
  •     an impairment in vision that, even with
    correction,
  •      adversely affects the child's educational,
    or in the case of a
  •      child below age five, a child's
    developmental performance
  •     a child with a visual impairment should be
    verified in one of
  •      three categories
  •  
  •         -blind
  •         -legally blind
  •         -partially sighted

79
Reevaluations
  • Rule 51      006.05  p. 31
  •  
  • Required if
  • school district determines that the educational
    needs, etc. require a reevaluation or
  • parents or teachers request a reevaluation
  •  
  • Parental consent required for new assessments -
    unless parents do not respond to request 
    re-evaluations may happen in this case without
    parent permission
  •  
  •  
  •  

80
Reevaluation - continued
  • Not more than once per year unless parent and
    district agree
  •  
  • Must occur at least once every 3 years unless
    parent and district agree that a reevaluation is
    unnecessary
  •  
  •  
  •  
  •  

81
Review of Existing Evaluation Data
  •  Rule 51  Page 31, 6.06  requires for initial
    (if appropriate) and ANY reevaluation, the IEP
    team shall review the following
  • prior evaluations
  • information provided by parents
  • current classroom performance
  • standards-based assessments
  • observations
  • other - current medical reports, etc.
  •  
  •  
  •  
  •  

82
Purpose of an Information Review
  • Determine what, if any, additional data are
    needed to determine
  •  
  • whether the child continues to have an
    educational disability
  • the present levels of academic achievement and
    development
  • whether the child continues to need special
    education and related services and
  • whether any additions or modifications to
    services are needed for the student to meet
    annual goals
  •  
  • Review may be conducted without a meeting
  •  
  •  
  •  
  •  
  •  

83
 Reevaluation by Review
  • If IEP team determines that no additional data
    are needed to determine eligibility and need
  • notify parents of that determination
  • notify parents of their rights to request an
    assessment
  •  
  • The school district shall not be required to
    conduct assessment unless requested by parents.
  •  
  • District shall "evaluate according to Section
    006" (which could include Review of Existing
    Data) before determining that a disability no
    longer exists - except for graduation and
    aging-out
  •  
  •  

84
Reevaluation by Review Issues
  • Documentation - SRS and other??
  •          
  • Purpose is to assure that a review did take place
    and by more than one person
  • Parent must be notified and consent to
    decision--either for additional testing or no
    further testing
  •  
  •  
  • Reviewing an RtI verified Student -
  • Same process used for any other previously
    verified student
  • Reviewing a student who qualified under prior
    Rule 51 criteria
  • Different administrators and/or different
    evaluators may take different
  • positions on the process to be used.  No
    right/wrong answer...... 
  •  

85
     A dog, Mace, and his unusual diet
86
 
  •  

87
  • Innovative solutions
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