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Lenoir County Public Schools


Lenoir County Public Schools Office of Civil Rights Resolution Training AGENDA OCR- Danielle Parrish SST Jill Croom RE Forms Lynn Heath 504 Anita Sykes ... – PowerPoint PPT presentation

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Title: Lenoir County Public Schools

Lenoir County Public Schools
  • Office of Civil Rights Resolution Training

  • OCR- Danielle Parrish
  • SST Jill Croom
  • RE Forms Lynn Heath
  • 504 Anita Sykes
  • 504 Forms Danielle Parrish
  • Closure Danielle Parrish

Resolution Commitments
  • Standard Error of Measurement for EMD eligibility
  • Appropriate use of SEM, Mental Ability, Adaptive
    Behavior, and Achievement in eligibility
  • SEM, testing interpretation, emphasis on adaptive
    behavior and achievement consideration training
    for regular participants
  • One member must be trained in interpretation,
    evaluation and eligibility determination and
    intervention consistency

Resolution Commitments
  • Two year monitoring process for EMD eligibility
    with SEM, adaptive behavior and achievement
  • Review of all Middle and High School EMD students
    to determine continued eligibility
  • Facilitate successful transition plans for
    students found no longer eligible
  • DPI consultation for students found no longer
    eligible, but for which exiting would jeopardize

Resolution Commitments
  • Monitoring system for exited students to gauge
    progress in general education program
  • Establishment of guidelines for re-evaluation and
    additional assessments
  • Two year monitoring period for re-evaluations to
    ensure assessment data is considered
  • Submit to monitoring and compliance reports as
    deemed necessary by OCR

Resolution Issues for Monitoring
  • Inclusion and LRE not consistent throughout the
  • 504 eligibility not consistent throughout the
  • Lack of Centralized Oversight to gauge, monitor
    and ensure correct application for 504 and EC

Standard Error of Measurement with Educable
Mentally Disabled Eligibility
  • North Carolina Department of Public Instruction
    identifies the SEM with a score of 69 /- 3 for
    our WISC -IV

SEM, Adaptive Behavior, and Achievement
  • Three areas that must be considered in
    eligibility determination
  • Each area is equally important and eligibility
    must include low to low average ranges in all
  • NCDPI has new focus on adaptive behavior over IQ
  • Student performance and data driven assessments
    can be additions, but heavy documentation must be

Testing Your Knowledge
  • IQ 70, Achievements range 69-85, Adaptive
    Behavior of 80
  • IQ 65, Achievement range 72-84, Adaptive
    Behavior- 75
  • IQ 72, Achievement range 60-78, Adaptive
    Behavior 70
  • IQ 78, Achievement range 75-82, Adaptive
    Behavior -70
  • IQ- 62, Achievement range 60-72, Adaptive
    Behavior 60

  • Program Compliance Specialists have been and will
    continuously be trained on
  • new DPI standards and eligibility requirements
  • Assessment and intervention consistency
  • Interpretation of evaluation data

  • System-wide procedures for interventions through
    new Student Success Team
  • Oversight of all Initial Evaluations, Eligibility
    Determinations, Re-Evaluations, and Exit
  • District monitoring of all EMD eligibility and
    re-evaluation decisions

Successful Exit Transitions
  • Monitoring for rate of all exiting students from
    EC program
  • Success Plans (PEP or similar) development for
    all exiting students
  • Monitoring of general education progress by
    exited students

Where do we go from here?
  • We have incorporated new IDEA 04 requirements
    for intervention models prior to evaluation with
    the OCR intervention requirement
  • Created new Student Success Team training,
    formation, procedures and Problem Solving Model
    for required system-wide implementation

Still Going . . . .
  • Created Program Compliance Specialist
    facilitation at all SST meetings, Initials,
    Re-evaluations, and eligibility determinations to
    provide Centralized Oversight at all critical
    areas. (Also at FBA, BIP and MDT)
  • Created Instructional Interventions and Trainers
    to deliver and assist with Interventions
    requirement and also align with IDEA 04
    scientific, research-based instructional
  • Revamped 504 Procedures and Eligibility Manual

The Student Success Team
Jill Croom, Intervention and Positive Behavior
Support Specialist
Student Success Team
  • Focus on intervention rather than on what is
    wrong with the child
  • Focus on the solution rather than the problem
  • Focus on positive outcomes for all students
  • Focus on all educators being responsible for all

Fundamentals of a Problem-Solving Process
  • Identify and analyze the problem
  • Generate possible strategies or interventions
  • Implement the intervention plan
  • Monitor student progress to determine success
  • Evaluate, review, and revise the plan

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Problem Solving for Success
  • Involving Parents
  • Working Collaboratively
  • Sharing Expertise
  • Sharing Responsibility
  • Using Appropriate Resources
  • Defining the Problem
  • Considering Environment, Instruction, Curriculum,
    and Learner

Problem Solving for Success
  • Designing and using appropriate and effective
  • Setting measurable goals
  • Collecting data
  • Monitoring and reviewing student progress
  • Analyzing and evaluating results
  • Making decisions

Student Success Team Members
  • SST Chairperson
  • Referring Teacher
  • School Counselor
  • Administrator
  • General Education Teacher
  • Exceptional Children Teacher
  • Program/Compliance Specialist

Roles of Team Members(Best Practice)
  • Chairperson
  • Secretary
  • Record Manager
  • Task Manager/Time Keeper
  • Intervention Resource

Monthly Meeting Dates
Parent Involvement
  • Accommodation-Accommodations are supports or
    services to help a student access the general
    curriculum and validly demonstrate learning.
  • Intervention-An intervention requires direct
    instruction of a skill and data collection in the
    area of concern.

  • Preferential Seating
  • Extended Time on Tests
  • Flash Cards-Drill and Practice
  • Small Group Instruction
  • Reduce Number of Spelling Words
  • Provide Summary of Chapters
  • Employ SuccessMaker 3Xs/per Week
  • Create Thinking Maps
  • Praise and Attention

Collecting Data
  • Progress monitoring is a scientifically based
    procedure used to assess the effectiveness of
    targeted instruction/intervention that involves
    frequent assessment of a skill.

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Referral Procedures and Forms
  • Lynn Heath
  • Exceptional Childrens Coordinator

(No Transcript)
RE 2
  • First form in the process
  • Send home the pink copy and keep the original
    for the folder
  • Importance of RE 2 date
  • Be specific
  • Change in form (minimum of 6 to 8 weeks)
  • No parent signature is required

RE 1
  • Complete demographic information

RE 1Parent Contacts
  • Document the two parent contacts
  • Area of improvement
  • Purpose and outcome of contact
  • Must occur before the SST referral
  • Must be beyond routine parent contacts
  • Examples of parent contacts
  • Use resources at school to make parent contacts

Parental Notification of Screening Procedures
  • Documentation of the date that you sent the RE 2
  • Must match the date on RE 2

Third Party Observation
  • Must be completed by the LD teacher
  • Eyes for the SST
  • Comments
  • Attach documentation if needed

RE 1 (a) Data Collection
  • Cumulative Record Review
  • Record of Previous Testing
  • Group Standardized Test
  • General Medical-Health Screening
  • Social Functioning, Environmental and Cultural

  • Change in form
  • Area of concern
  • Documentation of interventions the general
    education teacher has implemented prior to the
  • Three part dates
  • Begin and end dates should be different for each
  • Check Results of intervention
  • Signature required

RE1 (c)
  • Requirements for SST
  • Two parents contacts
  • Record review
  • General medical-health screenings
  • Speech screening
  • Documentation of at least 2 interventions by the
    general education teacher

RE 1 (c)
  • Documentation of the outcome of the SST
  • 3 choices
  • What are the interventions that the SST team
  • Can have as many SST meetings as needed

What to bring to SST
  • Cumulative Record
  • Parent Contact Documentation
  • Work samples
  • Behavior logs
  • Documentation of the intervention

Refer for Evaluation
  • No longer Regular Education
  • Program Compliance Specialist accepts the folder
    and begins the EC process
  • Referral committee meets

Speech Language Impaired Consideration
  • The Regular Education teacher will complete the
    new SP-2, and the SP-1 series.
  • The Regular Education teacher will submit to the
    Student Success Team.
  • If and when the SST determine this student is
    eligible for evaluation, the PCS will lead this
    referral through the DEC 7, Re-evaluation Process.

Successful Interventions
  • If a student is successful with interventions
    after two follow-up meetings, then that referral
    folder can be closed out.(6-8 weeks of
  • If that student has issues later in the year,
    that same folder can be reopened on the RE1(c)
  • Documentation needs to be made as to the
    circumstances and the team would proceed with new

  • New forms are being printed
  • Use the directions and examples to assist your
    teachers in completing the forms
  • Use resources in the SST manual
  • Recommend staff development at the school level.

For the Love of All Children!
  • Danielle Parrish, Director
  • Anita Sykes, Special Populations Coordinator

  • Meeting the needs of students with disabilities
    in Lenoir County Public Schools that are
    otherwise not certified for the Exceptional
    Childrens Program

Nothing is more unequal than the equal treatment
of unequal people . . . . Thomas Jefferson
It is the intent of the Lenoir County
Public Schools to provide a Free and Appropriate
Public Education (FAPE) to each disabled student
within its jurisdiction regardless of the
nature or severity of the disability.
  • Section 504 of the Rehabilitation Act of 1973 is
    one of three statutes that protects the civil
    rights of students with disabilities. The other
    two are Title II of Americans w/Disabilities Act
    of 1990 (ADA) and Individuals with Disabilities
    Education Act of 2004 (IDEA).

No otherwise qualified individual with a
disability. . . shall, solely by reason of her or
his handicap, be excluded from the participation
in, be denied the benefits of, or be subjected to
discrimination under any program or activity
receiving federal financial assistance.
Who is Eligible?
  • People who have a disability.
  • People who have a record of having a disability.
  • People who are regarded (and/or are treated) as
    having a disability.
  • Section 504 defines a disabled person as having a
    physical or mental impairment that causes a
    substantial limitation in the ability to perform
    one or more major life activities.

What does this mean?
  • A physical impairment may include any
    physiological disorder, cosmetic disfigurement or
    anatomical loss.
  • A mental impairment may include any mental or
    psychological disorder such as mental
    retardation, mental or emotional illness, organic
    brain disorders, and/or specific learning
  • Substantial limitation has been described as an
    inability to perform a major life activity in
    the condition or manner of or for the duration
    that an average person of approximately the same
    age can perform that major life activity.
  • Major life activities include caring for ones
    self, performing manual tasks, walking, seeing,
    hearing, speaking, breathing, working and

Who is Not Eligible ?
  • People currently using illegal drugs or alcohol
    and who are currently breaking school conduct
    codes regarding the use of drugs and alcohol.
  • People whose disability is considerably reduced
    to the point where there is no substantial
    limitation due to the use of mitigating factors.
    . . .such as eyeglasses, hearing aids, medication
    or therapy.
  • People who are socially maladjusted and
    demonstrate a learned behavior associated with
    environmental factors . . . Ie. Stress,
    disorganized family and/or lack of supervision.
  • People who are slow learners that have
    borderline cognitive and/or academic skills.
  • People who are eligible for and have refused
    services under IDEA 2004.

What are Section 504 Services?
  • Referral Anyone can refer a child for
    evaluation under Section 504 however, the
    school district must also have reason to believe
    that the child is in need of services under
    Section 504 due to a disability. (OCR Memorandum
    4/29/93). The key to referral is whether the
    school district suspects that the child is
    suffering from a mental or physical impairment
    that substantially limits a major life activity
    and is in need of either regular education with
    supplementary services or special education and
    related services.
  • Screening The Student Success Team must notify
    parent of screening procedures by using the
    Parental Notification of Screening Procedures
    Form. If screening indicates a problem, a
    referral using the 504-1 must be completed for

Section 504 Services contd
  • Evaluation This process will be determined by
    the type of disability that is suspected and the
    kind of anticipated services. The parent must
    be notified of the types of evaluation
    procedures that will be used including existing
    data. If testing is needed, the SST must
    document parent consent using the 504-2.
  • Eligibility Determination Following the
    evaluation, the SST must determine eligibility by
    completing the 504-3. The school system does not
    require the consent of the parent to provide
    Section 504 services. However, the parent must
    be notified of the eligibilty and 504 Plan
    development meeting(s) with documentation of the
    effort to involve the parent using 504-C.

Section 504 Services contd
  • Re-evaluation Lenoir County Public Schools
    requires a tri-annual re-evaluation cycle and
    prior to any significant change in placement,
    long-term suspension, and/or expulsion.
  • Transfer A students eligibility under Section
    504 and the 504 Plan are not portable. Lenoir
    County Public Schools requires that a school
    continue to operate under the 504 Plan of a
    transfer student during their SSTs eligibility
    determination process.

  • Lenoir County Public Schools uses a multi-tiered
    grievance procedure.
  • School Level Review Complaints of alleged
    violations addressed through the Student Success
    Team, Asst. Principal or Principal.
  • System Level Review If complaint is not
    satisfactorily resolved, a written complaint is
    filed with the 504 Coordinator, Anita Sykes.
  • Hearing Panel Level Review If complaint is not
    satisfactorily resolved through System Level
    Review, the complainant may submit a request for
    a Section 504 Review Hearing.
  • At any point in this grievance procedure, the
    complainant may file a formal complaint with the
    Office of Civil Rights.

504-1 Referral
  • Give specific details about the suspected
    disabling condition and how you have measured
    its impact on educational performance
  • Johnnys diagnosis of ADHD is evidenced by his
    inability to focus on guided practice and
    independent work. He can complete small chunks
    of work initially, but gets lost with larger
    assignments and tests. Included with this
    referral are assignments that show he is able of
    completing skills initially, but can not complete
    the same skill task in repetition.

504-2 Consent
  • As with EC Services, parental notification must
    be given for all screening services.
  • All evaluations require parental consent.

504-3 (1 of 3) Eligibility
  • List and describe the disabling condition
  • You must be able to rule out cultural, economic
    and/or environmental factors
  • Mitigating factors that reduce significantly or
    eliminate the disabling effects also eliminate
  • Make sure that you can document the negative
    impact of the MLA

504-3 (2 of 3) Eligibility
  • These questions are very detailed. Your deciding
    factor is the term substantially limits.
  • Kids that are getting Cs or Ds are still making
    progress. 504s do not guarantee the honor roll,
    excuse absences, guarantee promotion, or
    guarantee Honors or AP enrollment.

504-3 (3 of 3) Eligibility
  • The team uses all information to determine
  • Team needs to reconvene a minimum of every three
    years, upon transfer to another school, changes
    in placement, long term suspension, and
  • Make sure to check whether this was a
    re-evaluation or initial placement at the bottom.

504 3 (a) Summary
  • This is the altered DEC 3 Summary form. Fill in
    all applicable areas for screenings and
    evaluations completed in the determination for
    eligibility process.

504-4 (1 of 2) Plan
  • Remember these accommodations are what the
    regular education teacher will do to modify the
    instructional delivery within her classroom.
  • These modifications should be directly related to
    the referral concerns.
  • Little Johnny at the beginning would need
    multiple test sessions

504-4 (2 of 2) Plan
  • Complete only the testing accommodations that
    relate to the referral.
  • Make sure that parents receive a copy of all
    paperwork and a copy of Parent Rights for Section
  • There needs to be a designated 504 coordinator at
    each school that collects and manages all 504
    paperwork, including keeping a database of
    testing accommodations to work with testing

IDEA vs. 504
  • IDEA
  • Evidence of a disability
  • That impede a students ability to access his/her
    education (Ability and Achievement discrepancy)
  • That also requires specialized instruction.
  • 504
  • Evidence of a disability
  • That impede a students ability to access his/her
    education (MLA)

In Closing
  • A QA document will be developed after todays
    session and posted on the EC website.
  • Lenoir County Public Schools does not
    discriminate on the basis of race, color,
    national origin, sex, creed, marital status, age,
    or disability in its programs, activities, or
    employment practices. The Public Information
    Officer is the Title IX Compliance Officer and
    can be reached at 2017 West Vernon Ave., Kinston,
    NC 28502, and telephone number, 252 527-1109
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