Procedural Handbook for Administrators

Procedural
Handbook for Administrators
Special Education
Rules of Mediation

Haysville USD 261

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Procedural Handbook for Administrators

District Inclusion Mission Statement

To advance learning for all, the Haysville School District is committed to the integration of students with disabilities into the

regular education setting to the maximum extent appropriate to meet their needs.

Procedural

Handbook for

Administrators

Special Education

Haysville USD 261

Haysville USD 261

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Procedural Handbook for Administrators

Procedural Handbook for Administrators

Special Education

Introduction

This Handbook has been created for Site Administrators, the Management Staff and the Special

Education Staff in an attempt to answer questions regarding the Special Education policies, procedures

and mandates within the state, the federal government and district. The information provided is only

a brief reference. In-depth information will be provided to you upon request. (Just as a side note,

there are 854 special education laws that we must adhere to.)

The first section is the Special Education Department Process and Procedures; the second section is for

memos from both departments that will be sent out throughout the year. This Handbook is in

alphabetical order with a Table of Contents that will direct you to the area(s) that you may need some

explanation and/or clarification. Since the laws are always being updated, the Handbook should be

considered

a “masterpiece” in progress.

This Handbook also has a space for your personal notations.

Haysville USD 261

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Procedural Handbook for Administrators

Table of Contents

Special

Education

Staff

Contact:

...........................................................................................................

Special

Education

Acronyms:.................................................................................................................

Accommodations/Modifications:

............................................................................................................

Administrators

IEP

meetings:

............................................................................................................

Administrative

Designee:

........................................................................................................................

Behavior

Support

Plan

(BIP):

...............................................................................................................

Budget:

.....................................................................................................................................................

Calendars:

...............................................................................................................................................

Change

Placement:

...........................................................................................................................

Child

Find

Haysville:

............................................................................................................................

Continuum

Program

Options:

..........................................................................................................

Designated

Instruction

and

Services

..................................................................................................

Due

Process:...........................................................................................................................................

Evaluation

Referrals:

.............................................................................................................................

Written

Parental

Consent

for

Evaluation

............................................................................................

Referral Process for Students Already Receiving Services

............................................................ 27

When is Special Education Consent for an Evaluation Needed?

.................................................. 28

Eligibility

Determination

.........................................................................................................................

Disability

Suspected

Form:

...................................................................................................................

Field

Trips:

...............................................................................................................................................

General

Education

Interventions

(GEI)

...............................................................................................

General

Education

Teachers

IEP

meetings:

.................................................................................

Grading

Policies:

....................................................................................................................................

Health

Screening:

...................................................................................................................................

Home

Based

Special

Education

Instruction:

......................................................................................

IEP

............................................................................................................................................................

IEP

Team

Considerations

Form:

.........................................................................................................

IEP

Changes

Matrix

...............................................................................................................................

Least

Restrictive

Environment:

............................................................................................................

MANDT

Training:

....................................................................................................................................

Manifestation

Determination:

................................................................................................................

Mediation/Due

Process/Formal

Complaint:

.......................................................................................

Paraprofessional

Duties:

.......................................................................................................................

Types of Assistance Paraprofessionals Should Provide In the Classroom

.................................. 56

Parent

Participation

................................................................................................................................

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Procedural Handbook for Administrators

Parents

Refuse

Consent

Later

Placements:

.................................................................................

Parent Requests for Special Education Testing:

.............................................................................. 59

Protocol

for

IEP

meetings:

....................................................................................................................

Psychoeducational

Reports:

.................................................................................................................

Reevaluation:

..........................................................................................................................................

School

Psychologist

Interns:

................................................................................................................

Sign

Language

Interpreter

Services:

..................................................................................................

Special Education Students and Promotion/Retention Standards:

................................................ 65

State

Assessments

Testing:

.............................................................................................................

KAMM

Eligibility

Criteria

........................................................................................................................

Student

Improvement

Teams

(SIT):

....................................................................................................

Student

Intervention

Team

Referrals:

.................................................................................................

Students Not Eligible for Special Education Programs

.................................................................... 81

Suspension/Expulsion:

..........................................................................................................................

Transportation:

........................................................................................................................................

Appendix

–

Educational

Flow

Charts

...............................................................................................

Appendix 2 – Special Education Mediation Process

........................................................................ 87

Appendix

–

Formal

Complaint

Procedure

.......................................................................................

Appendix

–

Due

Process:

..................................................................................................................

Appendix

–

Eligibility

Indicators:

.....................................................................................................

106

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Procedural Handbook for Administrators

Special Education Staff Contact:

Haysville USD 261

Special Education Department

(316) 554-2222

1745 W Grand Ave

Haysville, KS 67060

Becky Cezar, Director, Special Education

Angie Estell, Assistant Director of Special Education

Gina Latta, Secretary

Dana Collier, Secretary

Sandy Harper, Secretary

Notes:

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Procedural Handbook for Administrators

Special Education Acronyms:

FAPE

–

Free Appropriate Public Education

LRE

–

Least Restrictive Environment

IDEA

–

Individuals with Disabilities Education Act

IEP

–

Individual Education Plan

ADD

–

Attention Deficit Disorder

ADHD

–

Attention Deficit Hyperactivity Disorder

APE

–

Adapted Physical Education

–

Developmentally Delayed

DHH

–

Deaf and Hard of Hearing

ECC

–

Early Childhood

–

Hearing Impaired

ID—Intellectual Disability

–

Learning Disability

–

Orthopedically Impaired

O&M

–

Orientation and Mobility

–

Emotionally Disturbed

–

Speech and Language

SMH

–

Severely Handicapped

–

Visually Impaired

–

Mild to Moderate

TBI

–

Traumatic Brain Injury

OHI

–

Other Health Impaired

Notes:

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Procedural Handbook for Administrators

Accommodations/Modifications:

An accommodation/modification can be used only if:



The student is currently using this accommodation/modification in every aspect of the educational

program.



The student needs this to survive and be successful, in class, at home, 24-7.



It is appropriate AND necessary.



It is NOT appropriate to give a student an accommodation/modification on the day of the test if

you have not utilized it within other situations.

State Testing Definitions:

Category 1: Testing condition is available to students who regularly use it in the classroom. All students

can have Category 1 accommodations.

Category 2: Accommodation is available only to students with documentation in IEP or 504 plan.

Category 3: Modifications (fundamentally alters what the test measures) is available only to students

with documentation in IEP or 504 plan.

This is written into the student’s IEP or 504.

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Procedural Handbook for Administrators

Administrators at IEP meetings:



According to the federal and state law, an administrator or administrator designee must be in

attendance at every IEP meeting.



A parent has the right to stop the meeting if the administrator or administrator designee fails to

attend the meeting.

What to look for before signing the IEP.



Accuracy of dates



Appropriate Supports and Services



Appropriate Instructional Setting and Placement



Comments and Summary is complete



All staff in attendance at the IEP, sign the IEP

If you have questions regarding the commitment of special education funds, indicate to the team that

a phone call will be made to the Director of Special Education or the Assistant Director of Special

Education and that the Special Education Office will contact the IEP team and parent.

Notes:

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Procedural Handbook for Administrators

Administrative Designee:



This is a group of highly qualified; certified personnel who are interested in mentoring or

administration.



Responsibilities include Administrator Designees for IEP meetings, teacher support, one to one

training, etc. This must be done after their workday or on non-work time if they agree to it.



A list of names and phone numbers should be appointed each year by the building principal and

submitted to the Special Education Administrative Office.

Notes:

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Procedural Handbook for Administrators

Behavior Support Plan (BIP):

What is a Behavior Support Plan (BIP)?



A Behavior Intervention

Support Plan includes “proactive action planning to address

behavior(s)

that are impeding learning.” It includes “positive behavioral

interventions, strategies and

supports.” “Behavior

Intervention Support Plans should

focus on understanding ‘why’ the behavior

occurred (i.e. ‘the function’ or ‘communicative intent’)

then focus on teaching an alternative

behavior that

meets the student’s need in a more acceptable way. This includes making

instructional and environmental changes, providing reinforcement, reactive strategies and effective

communication.” (Diana Browning

Wright, 2003)

Why Do I Have to Write One?



Every student is entitled to a Free Appropriate Public Education (FAPE). This implies that the

educational experience is enriching and growth oriented. Consequently, any behaviors that

interfere with the learning process need to be addressed for the benefit of the student, his or her

peers and the general learning environment.



For special education students, the Individuals with Disabilities Education Act (IDEA)

–

a Federal

mandate

–

requires the IEP team to address

‘behavior that impedes his or her learning or that of

others’.

(IDEA Section 614(d)(2)(B)…the

Federal Regulations further point out that ‘positive

behavior interventions, strategies and supports’ are to be considered

supplementary aids and

supports…Whenever

a student receiving special

education services exhibits difficult behaviors,

whether early or late in an escalating behavior pattern, the IEP must address the situation in a

behavior plan.”

Who Makes Up the Behavior Support Team?

The member of the Behavior Support Team will depend upon the specific needs of the student in

question. In some cases, the team may consist of regular education teachers, an administrator and a

counselor. In other cases the Student Study Team, 504 team or IEP team may form the Behavior

Support Team.

Notes:

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Procedural Handbook for Administrators

Budget:



All Special Education expenditures are processed through the Special Education Department via

your school site. Individual teacher’s accounts

are to be utilized for instructional supplies. Special

Education funds are to be used to supplement NOT to supplant.



Site budget support may vary and is determined by the site administrators. The budget provided to

you by the Special Education Department is to supplement your program not to supplant.

Items purchased must have a curricular justification which is aligned to the Kansas State Standard and

a District or IEP Goal written on the purchase requisition. Any purchase requisition without the

curricular justification will be sent back to the teacher.

Open Purchase Requisitions are not permitted.

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Procedural Handbook for Administrators

Calendars:



The school psychologist, occupational therapist, physical therapist, hearing impaired teacher and

speech pathologist maintain a calendar at the District office.



If you would like a copy of their calendars, please contact Gina Latta at 554-2222

Notes:

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Procedural Handbook for Administrators

Change of Placement:



When the IEP team is considering a Change of Placement for a student, Mild to Moderate to

Moderate to Severe and visa versa or any program to any program) you MUST complete the

Change of Placement document entitled “Considerations When

Contemplating a Change of

Placement.”



This document will give you valuable information prior to making a decision. This also gives good

information to staff who are receiving the student. This form is used in conjunction with reviewing

assessments, IEP information and classroom documentation/interventions.



If you are contemplating a Change of Placement for behavioral issues, then you MUST have a

Behavior Support Plan with goals and benchmarks in place and all of the above information

completed as part of your analysis/documentation/interventions regarding your request to make a

change.

Notes:

Haysville USD 261

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Procedural Handbook for Administrators

Child Find - Haysville:



Haysville Unified School District recognizes its responsibility to conduct a continuous child find.

Parents have the right to make a written referral requesting assessment to determine possible

eligibility for special education services for their child.



In addition, each school has a MTSS Team, a body of general education teachers, that ensures a

systematic process for addressing concerns of teachers, parents, other appropriate professionals

and agencies regarding individual students.



The MTSS

Team’s role is to address the concerns about the

individual student to support the

classroom teacher through practical suggestions, and, to modify the general education program

and to direct them to appropriate general education support services. After the resources of the

general education program have been considered and, when appropriate, utilized the student is

referred for assessment for possible eligibility for special education services.



The SIT Team consists of all the school site special education staff that review the referral on the

student, determine the assessment procedures and assign staff to complete the assessments.

Itinerant staff or district level staff should be brought into the assessment process as needed. Upon

the completion of the assessment, SIT meets as an IEP team, reviews the assessment results,

determines eligibility for special education and related services as well as placement. In addition,

SIT plays an ongoing role in overseeing triennial reevaluations, change of placement and/or change

of eligibility and concerns relating to special education students.

Notes:

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Procedural Handbook for Administrators

Continuum of Program Options:

Each building must ensure that a full continuum of placement options is available to meet the needs of

individuals with exceptional needs for

special education and related services”. These options are

listed

as follows:

1. General education (without support)

2. General education (with support)

3. General education (with resource support)

4. Self contained (in building)

5. Day School Setting

6. Special schools and residential centers

Students eligible for special education services may receive service through any one or a combination

of these options that are the most appropriate for meeting their educational goals and objectives.

General Education Programs:

General education programs are offered to all students at the school without regard to any eligibility

criteria. Students who are in general education programs may also be eligible for categorical programs,

such as special education, bilingual education, migrant education and other programs designed to

support students in achieving an education. The current trend is toward providing special services to

support the general education program and reduce the amount of time a student is removed from the

general education classroom. All students should have access to the core curriculum, with assistance as

needed, to maintain a satisfactory level of achievement. Only a few students will have conditions

requiring that they be educated away from general education programs.

Resource Programs

Resource Specialist programs are under the direction of a resource specialist who can provide

instruction aligned with the core curriculum, information, assistance, consultation, resource

information and material, and coordination of special education services for individuals with

exceptional needs. Students who receive services from this program must be simultaneously enrolled

in general education classes for the majority of the school day.

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Procedural Handbook for Administrators

Designated Instruction and Services

Designated instruction and services as specified in the individualized education program shall be

available when the instruction and services are necessary for the pupil to benefit educationally from

his or her instructional program. The instruction and services shall be provided by the regular class

teacher, the special class teacher, or the resource specialist if the teacher or specialist is competent to

provide such instruction and services and if the provision of such instruction and services and if the by

the teacher or specialist is feasible. If not, the appropriate designated instruction and services specialist

shall provide the instruction and services. Designated instruction and services shall meet standards

adopted by the board. Designated instruction and services should be under the direction of

appropriately trained personnel and may include language and speech development and remediation,

audiological services, deaf/hard of hearing services, orthopedic services, instruction from orientation

and mobility, instruction in the home or hospital, adapted physical education, physical and

occupational therapy, vision services, counseling and guidance, psychological services other an

assessment, parent counseling and training, health and nursing services, social worker services,

specially designed vocational education and career development and recreation services.

Special Classes/Self-Contained Classrooms

Special classes provide instructional settings for students when the nature or severity of the disability

prevents their participation in the regular school program for the majority of the school day. Students

placed in these settings have the right to participate in activities with non-disabled peers, as

appropriate, including meals and recess periods. The classes generally are set up to approximate a

general education classroom, with small class sizes and specialized instruction available to each of the

students. The IEP team must document its rationale for placing a pupil in a program in other than the

school and classroom that the pupil would otherwise attend if he or she did not have a disability. The

documentation must indicate why the pupil’s disability prevents the pupil’s needs from being met in a

less restrictive environment, even with the use of supplementary aides and.

Day Schools Settings

Day school settings are the most restrictive setting within our district to serve students. Students

placed in the day school setting must have permission from the Day School Administrator and the

Director of Special Education before placement may occur.

Special Out of District Placements and Residential Placements

These settings require a written contract approved by the Board of Education and the Director of

Special Education. Examples of such placements include Levy and Heartsprings.

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Procedural Handbook for Administrators

Due Process:

The due process hearing procedures prescribed by federal regulations are extended to the pupil, the

parent and the public education agency involved in any decisions regarding a child under any of the

following circumstances:

1. There is a proposal to initiate or change the identification, assessment or educational

placement of the child or the provision of a free, appropriate public education to the child.

2. There is a refusal to initiate or change the identification, assessment, or educational placement

or the provision of a free, appropriate public education to the child.

3. The parent refused to consent to an assessment of the child for the Individualized Education

Program for the Child.

Due process hearing procedures include the right to a mediation conference, the right to examine pupil

records, and the right to a fair and impartial administrative hearing at the state level. Timeline

procedures are identified

within the “Parents’ Rights and Appeal Procedures” form.

Uniform Complaint Procedures:

A complaint must be a written and signed statement alleging a violation of a federal or state law or

regulation, which may include an allegation of unlawful discrimination. The local Special Education

policy ensures that complainants are protected from retaliation and that the identity of the

complainant alleging discrimination remains confidential as appropriate.

The complainant’s procedures

must include:

1. Filing a formal, written complaint not later than six months from the date the alleged matter

occurred or

2. Obtaining a written extension to file, not to exceed 90 days, from the Superintendent

State complaint procedures can be initiated only after an attempt to settle the matter has been

conducted district level. If a state complaint is first sent to the Superintendent, it will be immediately

forwarded to the Director of Special Education for processing and resolution. When direct State

intervention is warranted and deemed necessary the following procedures shall be used to resolve the

issues of complaint:

1. The Department shall offer to mediate the dispute, which may lead to a state mediation

agreement.

2. The Department shall conduct an on-site investigation if either the district or complainant

waives the mediation process or the mediation fails to resolve the issues, staying within a 60-

day time line.

3. Mediation shall not exceed 30 days unless the district and the complainant agree to an

extension.

Parent’s Rights:

A copy of parent’s rights is sent to the parent with the conference notice, presented to the parent

when an assessment is offered and presented to the parent at IEP meetings. Additional copies of the

parents’ rights are available for

distribution, in both English and Spanish, through the Special Education

Office at 554-2222. Also see Appendix 4 for flow charts and forms.

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Procedural Handbook for Administrators

Evaluation Referrals:

This is a vital part of the SIT process and starts the timelines.

The school psychologist and/or speech pathologist is responsible for completing and sharing the

information on the evaluation with the parent.

Evaluation plans should not be given to parents without prior authorization and knowledge of the

school psychologist and/or speech pathologist.

If this is a speech only referral, the speech pathologist is responsible for the evaluation plan.

Procedural safeguards (parent’s rights) must be provided to the parent at the time the

Consent to

Evaluate is signed.

The 60-day timeline starts once the school psychologist and/or speech pathologist receive the signed

Consent to Evaluate.

60-day timeline does not include off track time or winter break.

The purpose of the full and individual initial evaluation is two-fold:



to determine the educational interventions required to resolve the

presenting problem, behavior of concern, or suspected disability, including whether the educational

interventions are special education (exceeds capacity of general education resources alone); and



to determine if the individual is eligible for special education. In Kansas, an

individual is eligible for special education when there is a need in both areas listed below:



a disability (determined by assessing rate of educational progress and

discrepancy from expectations); and



an instructional need that can only be met through the use of special education resources.

The evaluation consists of procedures by which the team gathers sufficient data to

identify the instructional needs of an individual and determine the presence of a

disability. Specifically, the Full and Individual Initial Evaluation gathers and

summarizes information around four key concepts: the exclusionary factors,

progress, discrepancy, and need. The

steps

in conducting the Full and Individual

Initial Evaluation are:



Collect any information not already available to rule out the impact of exclusionary factors (e.g., lack of

appropriate instruction, Limited English Proficiency, socio-economic or cultural circumstances,

attendance) on student performance.



Collect any information not already available about discrepancy, progress (rate of growth) and need.



Summarize all of the information to be used for eligibility determination in the Educational Evaluation

Report.



Set up the Eligibility Determination Meeting where team members will review that data collected during

the Full and Individual Initial Evaluation.

60 Calendar

Once informed parental consent is obtained, the team must complete the evaluation and

hold the meeting to determine eligibility on or before the 60

calendar day following

receipt of the signed

Consent for/Notice of Full and Individual Initial Evaluation

by the

public agency. The date the consent is received by the public agency should be noted on

the form and submitted for data entry into IMS.

Note: For children transitioning from a birth to 3-year program the team must complete

the evaluation and hold the meeting to determine eligibility within 60 days and prior to

the child’s third birthday.

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Procedural Handbook for Administrators

Assessment

Tools and

Strategies

In conducting the full and individual initial evaluation, the evaluation team must use a

variety of assessment tools and strategies to gather relevant functional, developmental

and academic information including information provided by the parent to make

decisions. The team may not use any single measure or assessment as the sole criterion

for, determining whether a child Is a child with a disability.

Assessment should be functional in nature so that the resulting data can be linked

to designing and evaluating interventions that address the individual's area(s) of

concern. Information from the functional assessment will inform the

Individualized

Educational Program (IEP)

for, the child if found eligible for special education.

Functional assessment is multi-dimensional and utilizes measures that are specific

and direct and have a clear connection between the questions being answered and the

data being gathered.

When a test is used in decision making, the test must be technically sound, selected and

administered so as not to be discriminately on a racial or cultural basis. It must be

administered in the child's native language or other mode of communication, in a form

most likely to yield accurate information on what the child knows and can do, and be a

valid and reliable measure for, the stated purpose. Each test should be administered by

trained and knowledgeable personnel and administered in accordance with instructions.

An approved list of test can be provided to you by the Director of Special Education upon

request.

Evaluation

Team

Membership

Members of this team include: parents of the individual being evaluated; the general

education teacher(s); a special education department representative who is qualified to

supervise the provision of specially designed instruction and who is knowledgeable about

general education curriculum and the availability in the district, general education staff

that works with the student, any individual completing various components of the

evaluation as well as interpret the instructional implications of the evaluation results;

other individuals with knowledge or special expertise regarding the eligible individual, as

appropriate; and the individual being considered for eligibility as

appropriate.

Additional Information

Medical or Mental Health Diagnoses and Special Education Eligibility

Technical Support Paper

Educational teams may encounter parents and/or health providers who believe a medical diagnosis

automatically entitles their child to special education services and specific accommodations. While

medical diagnoses are important pieces of information in the process whereby teams determine if a

child is suspected of having a disability, they do not answer all the questions necessary to determine

special education eligibility. Special education multidisciplinary teams must determine if the student's

rate of progress, discrepancy from peers and instructional needs are substantial enough to warrant

special education and related services.

The law provides that a team, not an individual, must make a determination of whether a child is

eligible to receive special education; furthermore, the law specifies what factors the team must

consider, 34 C.F.R, 55 300.304-305. Medical diagnoses do not meet these standards for team

participation. Also, the law specifically states that "evaluations and information provided by the

parents of the child" are one source of the team's data. 34 C.F.R. 5 300.305(a)(1)(i). The team must

consider a medical diagnosis, but it is not bound by any conclusions contained in the diagnosis.

Additionally, the law specifies that an eligibility determination may not be made on a single piece of

information, 34 CF.R. 5 300.304(b)(2), such as a medical diagnosis. While a diagnosis from a private

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Procedural Handbook for Administrators

provider may be enough to create a

suspicion

that a child is a child with a disability, the diagnosis itself

is never enough to determine

eligibility.

Commentators have provided analysis that supports the requirements in the law. Mark Ward, KSDE

Special Education attorney, indicates there is confusion regarding special education eligibility in the

medical community. For example, "Physicians tell parents of students with ADHD to inform the school

district that their child is OHI and parents think the school has to comply [in terms of eligibility]. Some

schools make the mistake of caving in to that demand -- we make sure to follow our own eligibility

criteria " (Caruso, 2006).

Attorney Jim Walsh, a noted special education attorney and speaker at several lowa Special Education

Law Conferences, suggests a three step response when parents request an evaluation based on a

medical or mental health referral. (Walsh, 2006).



First, the parents should be thanked for their interest and concern regarding their

child’s

education, as well as for sharing any information that they have which might assist the team in

educating the child.



Second, the parents should be asked to sign an exchange of information form, explaining to parents

that school staff will want to share information with the doctor regarding progress and may want

to ask specific questions about how the health or mental health diagnosis might impact the child's

educational progress.



The third step is to follow up with the doctor. Ask the doctor to describe how the decision to refer

was made. Did the physician visit with anyone from the school or review school records? What

information was the parent able to share with the physician? What is the history of the physician

with the child and has the issue been present over time? In turn, the school visiting with the doctor

should share how special education eligibility is

determined in the state of lows, most specifically the three components of discrepancy, rate of

progress and instructional need

Given the medical referral, school based teams might best be served by completing the Disability

Suspected Form to determine if an evaluation for special education is warranted. All information

available in each of the performance domains is reviewed to determine if an educational disability

(discrepancy from peers, rate of progress different than peers) is suspected.

District evaluation teams should consider a range of data when determining IDEA eligibility, not just

medical diagnoses in order to make informed eligibility decisions based on information from a variety

of sources. While school teams may certainly grant weight to the recommendation of physicians,

doctors do not determine eligibility. As explained above, special education eligibility is determined

based on the child's educational performance and by "a team of qualified professionals and the parent

of the child"

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Procedural Handbook for Administrators

Written Parental Consent for Evaluation

Citation

34 C.F.R. 5 300.9 (defining consent), 300.300

Kansas Rules of Special Education 41.9,41.300

Informed

Parental Consent

Required

Prior Written Notice for a full and individual initial evaluation informed parental

consent must be obtained. This occurs when district suspects that the child may

have a disability and need for special education and related services.

Parental consent is documented with a signature on the Consent for|Notice of

Full and

Individual Initial Evaluation

form.

As long as a parent has the legal authority to make educational decisions for the

child (married parents, divorced parents when each retain decision making

authority, etc.), the school

must accept either parent's

consent or revocation of

consent.

Definition of

Informed

Consent

Informed Consent means:



The parent has been fully informed of all information relevant to the activity

(evaluation) for which consent is sought, in his or her native language, or other

mode of communication



The parent understands and agrees in writing to the carrying out of the activity

(evaluation) for which his or her consent is sought, and the consent describes that

activity (evaluation).



The parent understands that the granting of consent is voluntary on the part of the

parent and may be revoked at any time.



If a parent revokes consent, that revocation is not retroactive (i.e., it does not

negate an action that has occurred after the consent was given and before the

consent was revoked).

Note: Prior to obtaining consent, the evaluation team, including the parents,

must determine if any additional assessments are needed and procedural

safeguards must be reviewed with the parent.

Special

Circumstances

Regarding

Parental Consent

Parental consent is not required before reviewing existing data as part of an

evaluation or a reevaluation; or administering a test or other evaluation that is

administered to all children unless, before administration of that test or

evaluation, consent is required of parents of all children. Before conducting a

Full and Individual Initial Evaluation, however, reasonable attempts must be

made to obtain written parental consent.



If the parent of a child does not provide consent for initial evaluation or if the

parent fails to respond to a request to provide consent, the public agency may, but

is not required to, pursue the initial evaluation of the child by utilizing procedural

safeguards. The public agency does not violate its obligations to find and evaluate

children suspected of having disabilities if it declines to pursue the evaluation. Prior

Written Notice must be provided to the parents indicating the decision to NOT

pursue the evaluation.



If a parent of a child who is receiving competent private instruction or placed in a

private school by the parents at their own expense does not provide consent for the

initial evaluation or the parent fails to respond to a request to provide consent, the

public agency may NOT use the consent override provisions of the due process

procedures, and the public agency is not required to consider the child as eligible

for services.

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

If the parent consents and then revokes consent once the evaluation has begun, the

revocation is not retroactive. Prior Written Notice documents the team's decision to

honor the parent request to end the evaluaton. The eligibility determination worksheet

must be completed and paperwork must be submitted to the special education district

office. Any data gathered to the point of consent revocation may be summarized and

placed in the student's educational record.



For initial evaluation only, if the child is a ward of the State (e.g., in foster care or in

the custody of SRS) and is not residing with his or her parent, the public agency is

not required to obtain informed consent from the parent if:



despite reasonable efforts to do so, the public agency cannot discover the

whereabouts of the parent of the child; the rights of the parents have been

terminated in accordance with State law; or



the rights of the parent to make educational decisions have been subrogated by a

judge in accordance with State law and consent for an initial evaluation has been

given by an individual appointed by the judge to represent the child



In situations described in the first or second bullets, KSDE must appoint a surrogate

parent, who will decide whether or not to give consent. Only a person meeting the

definition of parent may consent to beginning services.



If a child who has reached the age of majority requests an evaluation, the public

agency must consider this request the same as if a parent requests the evaluation. A

full and individual initial evaluation is required only if the child is suspected of

having a disability. The evaluation team should complete the

Disability Suspected

Form

to guide their decision making. If the team concludes that a disability is not

suspected and that an initial evaluation is not warranted, Prior

Written Notice

must

be provided to the individual, since he or she has reached the age of majority,

including an explanation of why the public agency refuses to conduct the

evaluation and the information upon which this decision is based. If the team

concludes that an evaluation is warranted because a disability is suspected, the

individual may sign the

Consent for/Notice of Full and Individual Initial Evaluation

Evaluation must

comprehensive

The evaluation team must ensure that the child is assessed in all areas related to

the suspected disability, and that the evaluation is sufficiently comprehensive to

identify all of the child's special education and related services needs, whether

or not commonly linked to a particular disability or performance domain. For

preschool children the evaluation must include information addressing the early

childhood outcome areas.

Kansas Rules state that evaluations must be comprehensive including, if

applicable, the collection of additional information needed to design

interventions intended to resolve the presenting problem, behaviors of concern,

or suspected disability. This includes, if appropriate, assessment or evaluation of

health, vision, hearing, social and emotional status, general intelligence,

academic performance, communicative status, adaptive behavior and motor

abilities. This is not an exhaustive list of areas that may be assessed. Decisions

regarding the areas to be assessed are determined by the suspected needs of

the child.

Kansas

Performance

Domains

The assessment areas for the comprehensive evaluation can be summarized

within seven performance domains: academic, behavior, health, physical,

hearing/vision, adaptive and communication. Evaluation in these performance

domains addresses the federal disability categories (refer to Eligible Individual

section). Evaluation teams review available and current information in each of

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the performance domains to determine whether the area warrants further

evaluation or can be ruled out as a relevant contributing factor to the presenting

problem or behavior of concern. These performance domains serve three

purposes.



They represent areas of skill and function that are inherent in the thirteen federally

designated disability categories.



By evaluating or ruling out each of the domains Kansas assures that all children who

have disabilities and need special education and support and related services are

identified.



The performance domains provide a framework for consideration of the child’s

instructional needs

Performance

Domains

The Kansas Performance Domains are defined as follows:

Academic

Grade level achievement of standards related to listening comprehension oral

expression, basic reading skills (reading comprehension & fluency), math

calculation, mathematical problem solving, and written expression.

Behavior

Awareness of self, identification and expression of emotions, self-regulation, and

interaction with others.

Physical

Gross motor skills, fine motor skills and mobility for learning, living and working.

Health

General condition of the body or mind, especially in terms of the presence or

absence of illness, injury or impairments.

Hearing/Vision

The ability to perceive sound and/or the ability to see.

Adaptive

Behavior

Everyday living skills (e.g., dressing, eating, toileting), work skills, or school

functioning skills (e.g., meeting timelines, organization of material) that a child

learns in the process of adapting to his/her surroundings.

Communication

Receptive and expressive language (form, content or use). This includes, but is

not limited to, language (social communication), vocabulary, speech sound

production, voice (nasality), or fluency.

Attention to each of the performance domains assures that the evaluation process is sufficiently

comprehensive to identify

all of the child’s special education and related service needs.

Academic

Domain

Academic performance in Kansas’s K-12

system is defined as grade level

achievement of the general curriculum, including the district' s implementation

of the Core Curriculum, related to listening comprehension, oral expression,

basic reading skills (phonics, phonemic awareness, fluency), reading

comprehension (vocabulary and comprehension), math calculation,

mathematical problem solving, and written expression for Early Childhood (ages

3-5) academic performance is achievement of Kansas Learning Standards related

to skills for mathematics, scientific reasoning, problem solving early literacy, and

early writing.

Further evaluation is warranted in this domain when there is evidence of

discrepancy and limitation of progress which persist despite attempted

assistance and supplemental instruction beyond the core in one or more of the

areas listed above.

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Guiding Questions:



What evidence indicates the child has received appropriate core instruction in

listening comprehension, oral expression, basic reading skills (reading

comprehension & fluency), math calculation, mathematical problem solving, and

written expression?



For preschool children what evidence indicates the child has received appropriate

core instruction and activities in the Kansas Early Learning Standards provided at

home or in early childhood settings?



What evidence indicates the child has received appropriate supplemental

instruction including research based intervention?



What evidence indicates the academic performance and progress discrepancy are

not the result of limited English proficiency, socio-economic status, ethnic, racial,

cultural or familial differences, poor attendance or mobility?

Behavior Domain

Behavior as a performance domain means awareness of self, identification and

expression of emotions, self regulations, and interaction with others.

Further evaluation is warranted in this domain when there is evidence of

discrepancy and limitations of progress which persist despite attempted

assistance and supplemental instruction beyond the core in one or more of the

areas listed above.

Guiding Questions:



What evidence indicates the student has received appropriate instruction in

awareness of self, identification and expression of emotions, self-regulation, and

interaction with others? (e.g., Love and Logic, Character Counts, Body Basics, and

OLWEUS Bullying).



What evidence indicates the student has received appropriate supplemental

instruction (systematic and individualized strategies for achieving social and learning

outcomes) and positive behavior supports based on a function of the behavior?



What evidence indicates the behavior performance and progress discrepancy are

not the result of limited English proficiency, socio-economic status, ethnic, racial,

cultural or familial differences, poor attendance or mobility?

Physical Domain

The physical performance domain includes gross motor skills, fine motor skills

and mobility for learning, living and work.

Further evaluation is warranted in this domain when there is evidence of

discrepancy and limitation of progress which persist despite attempted

assistance and supplemental instruction beyond the core in one or more of the

areas listed above.

Guiding Questions:



What evidence indicates the student has received appropriate instruction and

supports in the areas of gross motor, fine motor and mobility?



What evidence indicates the student has received appropriate supplemental

instruction and supports to address their physical needs?



What evidence indicates the student's physical skills are adversely impacting

educational performance, or access to and participation in the educational

environment or setting?

Health Domain

Health is the general condition of the body or mind, especially in terms of the

presence or absence of illness, injury or impairments. Further evaluation is

warranted in this domain when there is evidence of a health condition that

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adversely affects a child's educational performance.

Guiding Questions:



What evidence exists that the student has a health condition (illness, injury or

impairment)?



What evidence indicates the student's health condition is adversely impacting

educational performance, or access to and participation in the educational

environment or setting?

Hearing/vision

Domain

The ability to perceive sound and/or the ability to see.

Further evaluation is warranted in this domain when there is evidence of a

vision or hearing loss that adversely affects a child's educational performance.

Guiding Questions:



What evidence exists that the student has a vision loss?



What evidence exists that the student has a hearing loss?



What evidence indicates the student’s vision or hearing loss

is adversely impacting

educational performance, or access to and participation in the educational

environment or setting?

Communication

Domain

Communication as a performance domain means demonstrating receptive and

expressive language (form, content or use). This includes, but is not limited to,

language (social communication), vocabulary, speech sound production, voice

(nasality), or fluency. This performance domain is aligned with the lows Core

Curriculum Essential Components for Literacy, including speaking and listening

skills.

Further evaluation Is warranted in this domain when there Is evidence of

discrepancy and limitation of progress, which persist despite attempted

assistance and supplemental instruction beyond the core in one or more of the

areas listed above.

Guiding Questions:



What evidence indicates the student has received appropriate core and

supplemental instruction in speaking and listening skills?



What evidence indicates the student has received appropriate core and

supplemental instruction including research based intervention for language-based

activities, comprehending information presented orally or conveying information?



What evidence indicates the communication performance and progress

discrepancy are not the result of limned English proficiency, socio-economic status,

ethnic, racial, cultural or familial differences, poor attendance or mobility?



What evidence indicates the student has received appropriate core and

supplemental instruction including research based intervention to use language

and vocabulary appropriate to the message and the audience?



What evidence indicates the student has received appropriate core and

supplemental instruction including research based intervention to apply active

listening strategies in a variety of settings to focus, think and respond verbally and

nonverbally?

Adaptive

Behavior

Adaptive functioning as a performance domain means demonstrating everyday

living skills (e.g. dressing, eating, and toileting), work skills, or school functioning

skills (e.g., meeting timeliness organization of materials) that a student learns in

the process of adapting to his/her surroundings.

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Further evaluation is warranted in this domain when there is evidence of

discrepancy and limitation of progress, which persist despite attempted

assistance and supplemental instruction beyond the core in one or more of the

areas listed above.

Guiding Questions:



What evidence indicates that the student's background of developmental support

(parenting childcare, early childhood educational opportunities) is similar to peers?



What evidence indicates that the cultural and social expectations (e.g.,

expectations for self-care) of this student related to adaptive behavior skills are

similar to peers?



What evidence indicates the student has received appropriate core and

supplemental instruction in adaptive skills Such as, social problem solving and daily

living skills as well as organization, time management or other work related skills?



What evidence indicates the adaptive performance and progress discrepancy are

not the result of limited English proficiency, socio-economic status, ethnic, racial,

cultural or familial differences, poor attendance or mobility?

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Referral Process for Students Already Receiving Services



If a student is already receiving special education services and a PT, OT, and/or APE concern arises,

the appropriate IEP team member should reference the resources and checklists that have been

provided by the above mentioned therapists. These strategies/interventions should be

implemented and determined whether or not they have been successful. The appropriate

adaptations should be given ample time to determine if they are successful or not.



If adaptations are unsuccessful, and the team determines that PT, OT, and/or APE services may be

needed, the psychologist should meet with the IEP team as well as the PT, OT, and/or APE to

consider initiating an evaluation to determine if a specific related service should be added.



If an evaluation for the related service is deemed necessary, parent permission must be obtained

prior to the evaluation. Once consent is received, the therapist will complete an evaluation.



When the evaluation for the related service is completed the therapist will attend the staffing

conference to report results. A written report of any assessments and observations will be

provided. Therapy services will be added to the IEP with appropriate goals and benchmarks if

services are determined to be necessary.



Although this is an initial evaluation for related services, the school psychologist will complete all

the necessary staffing paperwork for a reevaluation. (It is a reevaluation as child is already receiving

special education services).

Role of the Occupational Therapist, Physical Therapist, and Adaptive Physical Education Teacher



The therapist is considered to be part of the IEP team on students who are currently receiving

these related services and should be provided with a timely notification of reevaluations and IEP

meetings. Their input must be obtained so that present levels of educational performance, annual

goals, benchmarks, and service times may be updated and modified as necessary.



For students currently receiving PT, OT, and/or APE services, the school psychologist is responsible

for providing adequate notification to the therapist of any upcoming reevaluations or special

education meetings.



The primary service provider is responsible for providing adequate notification to the therapist of

all other typical IEP review meetings.

Notes:

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When is Special Education Consent for an Evaluation Needed?

Evaluations do

not include screening for instructional purposes i.e., screening of a student by a teacher

or specialist to determine appropriate instructional strategies for curriculum implementation) or group

screenings (e.g., hearing, vision). Special education consent is

not

required for these screening

purposes.

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Eligibility Determination

Citation

Rules of Special Education 41.306; 41.322; 41.328; 41.501

Special Education Eligibility Standards,

Kansas Department of Education, July 2011

Eligibility

Determination

Discussion

Upon completion of the full and individual initial evaluation (e.g., administration

of assessments, summarizing existing data) and prior to the 60-day time limit, a

group of qualified professionals and the parent of the child determine whether

the child is a child with a disability and eligible for special education.

Eligibility is defined as the individual's right to receive special education and/or

related services. Eligibility determination relies on the establishment of both the

presence of a disability and the need for specially designed special education

instructional support and related services supports. The evaluation team will

answer two questions:

1. Does the individual have a disability? (A disability is a significant skills deficit, a

health or physical condition, a functional limitation, or a pattern of behavior that

adversely affects the individual's rate of progress and current level of

performance)

2. Are specially designed instruction and related services required to meet the

individual's educational needs?

When the answer to both questions is "yes" then the individual is eligible for

special education and related services.

Eligibility

Determination

Meeting

When the evaluation is complete (or nearing completion), the evaluation team will

schedule an Eligibility Determination Meeting for the purpose of addressing the

question, "Does the child's performance suggest the presence of a disability and

the need for specialized instruction and related services?"

Schedule the eligibility meeting on a date and at a time and location convenient

for the parent and for the public agencies. Parents must be provided a completed

Meeting Notice.

Advanced notice of the meeting date, time and location must also

be provided to all participants to assure meaningful participation. If interpreter

services are required to meet the needs of the parent and/or the student, they

must also be provided.

Parents must be provided notice at least 10 days in

advance unless they waive their right to the 10 day requirement.

If the parent(s) is unable to attend the meeting, additional attempts must be

made to ensure the parent can be a part of this process.

Evaluation

Timelines for

Children

Transitioning

from Part C

For Part C children being considered for Part B eligibility, the eligibility

determination meeting must be completed within the 60-day timeline. In addition,

the evaluation and subsequent IEP meeting if the child is eligible for special

education must occur before the child turns age 3 to meet state performance

indicators.



The

Eligibility Determination Worksheet for a Child Transitioning from a birth to 3-

year program

requires that a reason be selected when an eligibility determination

meeting is not held prior to the child’s third

birthday and within the 60 day

timeframe. No reason is considered acceptable and not holding the meeting within

the timeframe will be considered non-compliant for meeting federal data

requirements.

Eligibility

Eligibility decisions are made by a team of individuals comprised of the

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Determination

Team

Membership

individualized education program (IEP) team and other qualified professionals, as

appropriate. Required participants must be identified and invited to the eligibility

determination meeting. The general requirements for team membership are:



parents of the individual being evaluated;



general education teacher;



at least one special education teacher or, if appropriate, at least one

special education provider for the eligible individual;



a representative of the LEA or AEA who is qualified to provide or supervise the

provision of specially designed instruction and who is knowledgeable about general

education curriculum and the availability of the resources of the LEA;



an individual(s) who can interpret the instructional implications of the evaluation

results;



other individuals with knowledge or special expertise regarding the eligible individual,

as appropriate; and



the individual being considered for eligibility as appropriate.

Additional participants may be invited. This group of individuals is hereafter

referred to as the Individualized Education Program {IEP) team.

Note: An individual, when qualified may hold two or more positions on the

evaluation team. A school representative is a required participant with knowledge

or expertise to interpret the instructional implications of the evaluation results

and intervention outcomes.

Exclusionary Factors Considered:

Citation

34 C.F.R. § 300.306(b)(1)(i-iii)

Kansas Rules of Special Education 41.305(2)

Discussion

Evaluation teams examine relevant information to rule out whether a child's

performance difficulties are primarily the result of a lack of appropriate instruction,

socio-economic variables, cultural differences or poor attendance.

A child must not be determined to be a child with a disability if the team determines

that the educational difficulty is primarily related to:



Lack of appropriate instruction in reading, including the essential components of reading

instruction (Phonological Awareness, Phonics, Fluency, Vocabulary, and Comprehension)



Lack of appropriate instruction in math



Limited English proficiency

Evaluation teams should also consider if the determinant factors for the child's

educational performance is primarily related to other ecological variables, including



socio-economic status,



cultural or ethnic differences, or



school attendance or mobility (multiple moves, different districts).

Lack of

Appropriate

Instruction,

Attendance

and Mobility

To ensure that underachievement in a child suspected of having a disability is not

primarily due to lack of appropriate instruction in reading or math, or due to

inconsistent instruct ion based on attendance and/or mobility the team must

consider data that demonstrate:



that prior to, or as a part of, the evaluation process, the child was provided appropriate

instruction in regular education settings, delivered by qualified personnel;

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

that during the instructional intervention the student was present on a regular basis for

instruction; and



repeated assessments of achievement at reasonable intervals, reflecting formal

assessment of student progress during such instruction.

The procedure for determining whether or not lack of instruction is a contributing

factor has three components.

1. Gather and review class-wide data on all students, and attendance data of the

student being evaluated. If most students in the classroom are achieving or are

progressing at rates different from the child being evaluated, and the child being

evaluated has been in school within the same school district, lack of instruction is not

a likely factor and can be ruled out as a contributing factor.

2. Gather and review progress monitoring data from supplemental instruction on

similarly performing students. If many students in the group receiving supplemental

instruction are progressing at a faster rate than the child being evaluated, then lack

of instruction is not likely a contributing factor.

3. Implement an intervention either prior to or as part of the evaluation. The best

"test" of whether or not lack of instruction is a causative factor is to implement

instruction systematically and evaluate its effect. If, during supplemental

intervention (either prior to or as part of the Full and Individual Initial Evaluation),

the child's performance improves to the point that short-term intervention will

result in performance consistent with grade level expectations, then instruction is

likely a causal factor. The child cannot be determined to be a child with a disability.

It is appropriate for supplemental instruction to continue in the general education

setting

Limited English

Proficiency

The context in which evaluation and eligibility decisions are made includes the

consideration of linguistic variables unique to the individual. For example, if an

individual’s performance does not fall below the expectations of peers with similar

linguistic backgrounds, the individual's needs are not likely due to a disability

requiring special education.

When the family's primary language is not English, a member of the school team who

is proficient in the family's language or a trained interpreter should conduct

interviews with the family. For students whose primary language is not English,

communication deficits only constitute a disability if the communication problem is

present in both English and the individual's primary language. During the eligibility

decision-making process, the evaluation team must rule out language and

acculturation as the primary reason for performance deficits. An assessment of the

individual's English language proficiency may be needed in order to develop

appropriate interventions or evaluate the individual's response to interventions and

to make eligibility decisions. It is important to have someone on the team who is

knowledgeable about the student's linguistic diversity and who has the skills to help

differentiate between language acquisition and disability characteristics. The team

may find it helpful to review and discuss the following questions:



How is the student's performance when compared to others of like linguistic

backgrounds?



Are the materials and methods used in the evaluation to measure progress, discrepancy

and need non-discriminatory?



Have assessments been administered in the language and form most likely to yield

accurate information on the student's performance?

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

Did the interventions from which progress data is gathered adequately address linguistic

variables impeding the student's performance?



What is the student's performance on measures of linguistic aptitude (e.g. Basic

Interpersonal Communication Skills, Cognitive Academic Language Proficiency)? Does

the student speak and understand the language of instruction?



Based on the information gathered and analyzed with respect to this student, does the

team feel that the individual's educational performance is primarily the result of

linguistic variables?

If it is determined that the child's performance is primarily a function of limited

English proficiency, the team will document this conclusion on the

Educational/Evaluation Report.

At the Eligibility Determination meeting the

exclusionary factors will be discussed and the student will be determined "not

eligible" for special education services. Documentation of the eligibility

determination must be provided to parents on the

Prior Written Notice

Ecological

Variables of

Socio-

economic

Status

The context in which suspected disability and eligibility decisions are made includes

the consideration of the socio-economic factors unique to the individual. To ensure

that socio-economic status is not a primary reason for underachievement in a child

suspected of having a disability, Haysville staff must be aware of the impact of socio-

economic variables on learning and take proactive steps to ensure that students

from low SES backgrounds are provided the necessary supports, instruction and

enrichment activities to ensure academic success.

During the eligibility decision-making process, the evaluation team must rule out

economic factors as the primary reason for performance deficits. it is important to

have someone on the team who is knowledgeable about the effects of socio-

economic variables on educational performance. The team may find it helpful to

review and discuss the following questions:



Are the child's needs a result of, or in pan related to, a lack of having similar

opportunities to learn as peers?



What social contexts (e.g. health, nutrition, safety, and mobility) may be impacting

educational performance?



What strategies have been employed to assist learning (e.g. modeling, scaffolding,

strength based instruction, school based opportunities for drill/practice) have been

provided? Describe the impact.



What behavioral strategies have been used to foster resilience, positive responses,

motivation and engagement? Describe the impact.



Is the child s pattern of learning similar to other students with similar socio-economic

status?

Teams are encouraged to gather and analyze educational history, ecological,

contextual, instructional and behavioral information during the full and individual

initial evaluation to ensure that students from low SES are not over-identified for

special education and related services. Considering the elements of lack of

appropriate instruction may provide teams with additional guidance.

Ethnic, Racial,

Cultural, and

Familial

Variables

The context in which eligibility decisions are made includes the consideration of

ethnic, racial, cultural, and/or familial variables unique to the individual. If the team

determines that such factors might explain the individual's lack of academic

achievement or functional performance, further inquiry needs to occur to determine

their impact. It is important to have someone on the evaluation team {or who has

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consulted with the team) who is knowledgeable about the student's ethnic, racial,

cultural or familial diversity and who has the skills to help differentiate between

cultural differences and learning problems. To ensure that ethnic, racial, cultural or

familial factors are not the primary reason for underachievement in a child suspected

of having a disability, the team might find it helpful to review and discuss the

following questions:



How is the individual's performance compared to others of similar backgrounds?



Are the materials or techniques used to measure the child s performance non-

discriminatory?



Did interventions address cultural, racial, ethnic or familial variables impacting student

performance?



Are the school curriculum, instruction and climate respectful of the values, beliefs,

customs and traditions of the child and his/her family?



Is the child's pattern of learning similar to other students with similar cultural, racial,

ethnic or familial ecological variables?

Based on the information gathered, analyzed, and documented, the team must

determine if the individual's educational performance is primarily the result of

cultural, racial, ethnic, or familial variables or the result of a disability. if it is

determined that the educational performance is primarily a result of any of these

factors, the team will document this conclusion on the

Educational Evaluation

Report.

At the Eligibility Determination meeting the exclusionary factors will be

discussed and the student will be determined "not eligible" for special education

services. Documentation of the eligibility determination must be provided to parents

on the

Prior Written Notice.

Factors Not a

Primary

Reason for

Educational

Performance

After reviewing available information and determining that the student's lack of

educational performance is not caused by one or more of the exclusionary factors

the team documents the information gathered in the

Educational Evaluation Report

and continues with the evaluation to address progress, need and discrepancy.

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Disability Suspected Form:

Disability Suspected Form

Student:

Birthday:

Legal Last Name

Legal First Name (no nicknames) MI

Gender:

Male

Female

Grade:

Teacher/Service Provider:

Resident District:

Building:

Attending District:

Building:

Are there data to suggest:

(Check all that apply)

the child is affected by a health or physical condition or a functional limitation that adversely

affects educational performance (e.g., a progressive condition, a condition strongly associated with

adverse effects on developmental progress or educational performance)

there has been a significant status change due to a health or medical condition, injury, etc. (e.g.,

traumatic brain injury)

there is an obvious and immediate need for service that may exceed the capacity of general

education to provide (e.g., progressive loss of sight requiring Braille and orientation and mobility

instruction)

the child’s performance is below standards or expectations, is unique compared to others, and not

explained by more plausible factors (i.e., attendance or cultural factors)

Summarize:



the status of the child’s hearing and vision:



the information which

suggests the child’s educational performance falls persistently below state

approved standards or typical developmental or behavioral expectations for age and grade level:



how the child’s performance is unique when compared to others in the same setting:

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

other plausible explanations that may account for the child’s lack of educational performance, (i.e.,

lack of appropriate instruction, language other than English, lack of prior knowledge, cultural

expectations, attendance or mobility):

Documentation of Decision:

Participants involved in decision:

Name

Position

Name

Position

Is disability suspected?

Yes

Date:

NOTE:



Written parent consent for a full and individual initial evaluation must be sough when disability is

suspected.



Prior Written Notice

of a refusal to conduct an evaluation must be provided when parents have

requested an evaluation and disability is not suspected.



This form must be retained as a part of the student’s record.

Notes:

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Field Trips:



All field trips funded by the special education budget must have prior authorization through the

Special Education Department.



There must be documentation that the trip is curriculum based and part of

the student’s IEP.

Field Trip/Community Outing Procedures

ALL FIELD TRIP/COMMUNITY OUTINGS MUST START AT THE SCHOOL SITE WITH PRIOR APPROVAL

(SIGNATURE/DATE) FROM THE SITE ADMINISTRATOR

1. Teacher completes Request for Transportation online (Approval from Site Administrator).

2. The Site Administrator forwards this request to the Director of Special Education.

Notes:

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General Education Interventions (GEI)

Component

Characteristics

Child Find:

Procedures ensuring the early

identification of students enrolled in public school

including screening and intervention for students

ages five through 21.



Intervene early for each student who is

presenting academic or behavioral concerns.



utilizes observations, instruments, measures

and techniques that may disclose any potential

exceptionality.

General Education Interventions:

Except in rare

cases, interventions and strategies are

implemented to support each student’s presenting

academic or behavioral concerns, and only when

the student’s progress indicates a potential

exceptionality should the student be moved into

initial evaluation for special education.



School personnel have data-based

documentation which indicate an evaluation is

appropriate, or



School personnel have data-based

documentation that general education

interventions and strategies would be

inadequate to address the areas of concern for

the child.

Data-based Documentation of General Education

Interventions:

Includes specific data as evidence

the student’s needs are beyond what general

education can provide and an evaluation is

appropriate.

Specific Documentation:



that appropriate instruction was provided to the

student,



what educational interventions and strategies

have been implemented,



the results of repeated assessments of

achievement which reflect the formal

assessment

of the student’s progress during

instruction,



that parents have been provided the results



the results indicate an evaluation is appropriate

Documentation when using School-Wide (RtI)

approach to General Education Interventions:

Kansas, schools may use either a school-wide multi-

tiered model of support or an individual student

problem-solving approach to carry out GEI. Schools

utilizing the school-wide approach need to ensure

that additional parent notification occurred.

Documents that parents were notified about:



the State’s policies regarding the amount and

nature of student performance data that would

be collected and the general education services

that would be provided,



the strategies for increasing the student’s rate

of learning, and



the

parents’ right to request an evaluation.



It is recommended to schools that utilize a

school-wide approach that they publish

information about their system. Some ways to

accomplish this additional requirement might

include providing information to parents

through methods such as:



Brochures that describe the school’s system of

supports



School or student handbooks



Annual child find notifications

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Kansas Policy Statement on Multi‐Tiered System of Supports

As a district implementing Multi‐Tier System of Supports (MTSS), we monitor each student’s response

to scientific, research‐based instruction and intervention through assessments of academic

achievement and behavior, repeated at reasonable intervals to gauge individual student progress.

Instruction and interventions provided to students are child‐centered, delivered by qualified personnel,

and research‐based to the extent feasible. At any time, if you believe your child may have an

exceptionality you have the right to request an evaluation for special education.

What is required in regulation?

CFR 34 § 300.311 (a)

(7) If

the child has participated in a process that assesses the child’s response to scientific, research-

based intervention—

(i) The instructional strategies used and the student-centered data collected; and

(ii) The documentation that the child’s parents were notified about—

(A) The State’s policies regarding the amount and nature of student performance data

that would be collected and the general education services that would be provided;

(B) Strategies for increasing the child’s rate of learning; and

K.A.R. 91-40-7(c)

following conditions is met:

(1) School personnel have data-based documentation which indicates that general education

interventions and strategies would be inadequate to address the areas of concern for the child.

(2). School personnel have data-based documentation that indicates that prior to, or as a part of the

referral, the following were met;

A. The child was provided appropriate instruction in regular education settings that was delivered

by qualified personnel;

B. The child’s

academic achievement was repeatedly assessed at reasonable intervals which

reflected formal assessment of the child’s progress during instruction;

C. The assessment results were provided to the child’s parents; and

D. The assessment results indicate an evaluation is appropriate.

Notes:

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General Education Teachers at IEP meetings:



According to the federal and state law, general education teachers must be in attendance at every

IEP meeting.



A parent has the right to stop the meeting if the general education teacher fails to attend the

meeting.



If the IEP meeting is part of a pre-expulsion hearing at the District Office, the meeting will be

stopped if the general education teacher is absent.



The general education teacher acts as a representative of all general education teachers when

appropriate student placement is being discussed.

Parents may excuse the general education teachers from attending the IEP meeting. An Excusal From

IEP Meeting form must be signed by the parent.

Notes:

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Grading Policies:

Elementary Grading Policy

Please refer to the Elementary Report Card Grade Policy

Secondary Grading Policy

Please refer to the Secondary Grading Policy

Notes:

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Health Screening:

For Triennials, Modified Triennials, Parent Requests for Assessment, Reevaluation of Placements



School Psychologist received the Consent to Evaluate signed by the parent.



No psycho-educational assessment should begin until the psychologist received the completed

Health Screening from the Nurse.



The Nurse will complete the Health Screening immediately.

If a student fails either the vision or hearing exam and doesn’t

have a documented vision or hearing

impairment, Parents should be encouraged to take their child to an optometrist, family doctor or

audiologist before any evaluation begins.

Notes:

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Procedural Handbook for Administrators

Home Based Special Education Instruction:

In order that we stay in compliance with students that have been placed on Home Instruction, below is

a process that has been outlined. Please read it carefully. If you have any questions, please contact

Becky Cezar.

Initial Placements:

a) The psychologist must attend the meeting, as it is considered a change of placement. (If a

request for Home Instruction is made for medical reasons, follow up with a doctor is required

by the nurse prior to the IEP meeting.

b) The reason/rationale for the change to Home Instruction must be clearly stated in the IEP.

c) The duration of Home Instruction must be clearly delineated in the IEP, i.e. 9/20/10

–

1/13/11.

It may not be vague, i.e. for the duration of the illness.

The goals and objectives must be reviewed and the team must determine they are still appropriate. If

no changes need to be made to the IEP, it needs to be documented that they were reviewed and

continue to be appropriate.

The goals and objectives from the previous IEP are reviewed and are marked as to whether they are

achieved or not. New goals and objectives are developed and agreed to. They must be written for the

duration of the placement on Home Instruction or one year.

d) If the student receives any related services, those providers must be at the IEP meeting to

discuss how the goals and objectives can incorporated into Home Instruction plan. i.e.

incorporated into the objectives provided by the home teacher with or without consultations

by the related service provider to the home teacher or, in some cases, provided at the home

site.

e) Please indicate the next review date as the annual date.

f) IEP (including copies of continued goals and objectives, if new ones were not written), are given

to the Special Education Coordinator and Special Education Director for signatures At this time

a home teacher will be assigned. Accompanying the IEP and Consent for Placement will be a

Staffing Summary indicating which Coordinator the teacher can contact regarding specialized

materials or information.

g) The Special Education Department assigns a home teacher and enrolls the student in the home

based instruction as soon as possible. The home teacher is given the IEP as well as the form

indicating names of staff from Special Services who can assist them.

Reviews/Reinstatements:

Each Case Manager will track the data run for reviews.

Annual Reviews:

The Case manager will schedule the IEP and notify parent, home teacher, and any related service

provider. If it is suspected that the student will be returning to a school site, then special and general

education teachers, psychologist and other staff, as appropriate, are included.

If the student continues on Home Instruction, the Case manager rewrites the IEP. In addition, s/he

sends a copy of the IEP to Special Education Office with a notice indicating that Home Instruction is to

continue.

If the student returns to a school site, the Case manager processes the IEP. In addition, s/he notifies

the Special Education Department that the student was moved from Home Instruction back to a school

site.

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NOTE:

If the home teacher is not a credentialed special education teacher, then the assigned Case

manager does an updated assessment/prepares suggested goals and objectives and attends the IEP

meeting.

Triennial Reviews:

The Case

manager notifies the psychologist assigned to the student’s home school.

The assigned psychologist prepares the Consent to Evaluate with input from and related service staff,

and obtains the signature from the parent. The psychologist notifies staff that the Consent to Evaluate

has been received, and conducts the assessment.

NOTE:

Case managers will do the academic assessment.

The assigned psychologist schedules the IEP meeting and notifies the appropriate staff, including the

Case manager. See above statements regarding the process after the IEP meeting.

Reinstatements Suspensions/Expulsions:

a) If the student is eligible for reinstatement and has applied to return to school, the case

manager will set up a meeting with the IEP Team and send the parent a 10 Day Notice.

The case manager will then notify the home teacher and related service providers, general

education teacher, and psychologist. The IEP meeting will be conducted at the reinstatement

meeting. Goals and objectives will be reviewed and/or rewritten per guidelines stated above.

The IEP and staffing summary will be sent to the Special Education Department and will be

processed by the case manager.

b) If the student is eligible for reinstatement, but has not applied, the case manager will contact

the parent (by phone, registered letter, via home teacher, etc.) regarding no request to discuss

any issues. This contact is to be documented in the student’s special education file.

An IEP is

conducted per guidelines, as appropriate.

NOTE:

ANY TIME A STUDENT IS PLACED ON HOME INSTRUCTION OR GOES FROM HOME

INSTRUCTION TO A PROGRAM AT A SCHOOL SITE, AN IEP MUST BE HELD PER DISTRICT

REQUIREMENTS AND GUIDELINES. A PARENT MUST BE INVOLVED AND SIGN THE IEP, AS IT IS A

CHANGE OF PLACEMENT.

Notes:

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IEP

IEP Meeting Requirements:

IEP Meeting for Annual

Review

IEP Meeting for any other

purpose

Amend an IEP without

Meeting

Notice of Meeting (10-Days Prior to Meeting)

Yes

Required Member Attendance

Yes

IEP Team Considerations Must be Addressed

Yes

As Needed

Update Present Levels

Yes

As Needed

Update/Change Annual Goals

Yes

As Needed

Update/Change Assessment Participation

Yes

As Needed

Update/Change Postsecondary Goals

As Needed

Update/Change Statement of Special Education

and Related Services including Transition

Services

As Needed

Educational Placement

Yes

As Needed

Consideration of Least Restrictive Placement

Yes

As Needed

IEP Amendment Form

Yes

Notice of Proposed Action (of any/all changes

in IEP)

Yes

Resets Annual Review Date of IEP

Yes

Parent Receive a Copy of the IEP

Yes

Upon Request

Consent

Only on * items above and meet one of the criteria below.

Consent is required when a change in Special Education and Related Services or Placement meets any of these criteria:

Substantial change in placement (more than 25% of the child's school day)

Material change in services (25% or more of any one service)

Add a new service, or delete a service completely (100%)

Notes:

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IEP Team Considerations Form:

Student Name:

IEP Meeting Date:

IEP Team Considerations

(The child’s IEP must reflect these considerations.)

What are the strengths of the child?

How have the child’s strengths been utilized to address the child’s needs on the IEP?

What are the parents’ concerns, if any, for

enhancing the education of their child?

How are the parents’ concerns for the education of their child addressed on the IEP?

Are there any potential harmful effects of the recommended placement on the student and/or the quality of

services for the student? (Do the positive effects of the placement outweigh the potential harmful effects?)

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Will the child participate in regular physical education or does the child require specially designed adapted

physical education? (Children with disabilities only.)

Are extended school year services necessary since the benefits accrued to the child during the regular school

term will be significantly jeopardized as a result of a break in educational programming? (Children with

disabilities only.)

IEP Team Consideration of Evaluation Results

and Special Factors

If yes, where is this

need addressed in

the IEP?

Have the needs of the child which were identified in the most

recent evaluation of the child, including observed needs and the

child’s performance on general State and district-wide

assessments,

been considered in the development of the child’s IEP?

Yes

Does the child’s behavior impede his or her learning or that of

others?

Yes

If the child is blind or visually impaired, does evaluation of the

child’s reading and writing skills, needs,

and appropriate reading

and writing media (including an evaluation of the child’s future

needs for instruction in Braille or the use of Braille), indicate that

instruction in Braille or the use of Braille is appropriate for the

child? (Children with disabilities only.)

Yes

Does the child have limited English proficiency?

Yes

Does the child have any special communication needs?

Yes

If the child is deaf or hard of hearing, does the child have any

special communication needs relating to opportunities for direct

communications with peers and professional personnel in the

child’s language and communication mode,

academic level, or

opportunities for direct instruction in the child’s language and

communication mode? (Children with disabilities only.)

Yes

Does the child require any assistive technology devices or services

in order to be involved, and to progress in the general curriculum or

to be educated in a less restrictive environment? (Children with

disabilities only.)

Yes

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IEP Changes Matrix

Reevaluation

Review

Amendment

When is it Required?



Every three years



Exit from all special

education services (other

than graduation)



When requested by

parent or teacher



IEP team determines

reevaluation is needed



At least annually



When requested by

parent or teacher



Not required, but can be

used to make changes in

students’ program

Type of Changes

Permitted



Change of placement



LRE



Goal areas



Services to be provided



Virtually any other

change is permitted



Change of placement

(other than exit)



LRE



Goal areas



Services to be provided



Virtually any other

change is permitted



Change of placement

(other than exit)



LRE



Goal areas



Services to be provided



Virtually all other change is

permitted

Documentation

Requirements



Consent for Notice of

Reevaluation. Parent

signature is required if

additional assessment

information is to be

collected



Meeting Notice



New IEP (Reevaluation)



Six reevaluation

questions in IEP

–

documentation of data

used to make decisions

and justify changes



Prior Written Notice of

Proposed/Refused action



Meeting Notice



New IEP (Review)



Prior Written Notice of

Proposed/Refused action

–

documentation of data

used to make decisions

and justify changes



Meeting Notice (if meeting

is held)



“Amendment” IEP



Prior Written Notice of

Proposed/Refused action

–

documentation of data

used to make decisions

and justify changes

Is a meeting required?



YES



YES



Not required by a meeting

must be held if either

parent or agency requests

it or if the amendment

changes FAPE for the

student

New IEP Written?



YES



YES



No (web-IEP

“Amendment

IEP” is created). Selected

portions of existing IEP are

unlocked and edited

Duration of IEP



No more than one year



Reevaluation date (web

IEP) “rolls ahead” three

years



No more than one year



Reevaluation date

remains three years from

last evaluation



Reevaluation date remains

three years from last

evaluation



“Duration from” date

changes



“Duration to” date remains

the same as existing IEP

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Least Restrictive Environment:

After a student is determined eligible for special education services, placement in a special education

program should be considered only if reasonable modifications/accommodations to the regular

education classroom/curriculum cannot meet the needs of the student.

The SIT

team has the responsibility of determining placement in the “least

restrictive

environment”

needed to meet the needs of the student. The continuum from least to most restrictive is:



General Education Classroom with Accommodations



General Education classroom with Inclusion Supports (Paraprofessionals, Teacher, Related Service

Providers: SLP, APE, OT, etc.)



General Education Classroom with Resource Room



Self Contained Classroom



Special Day Class (may include Related Services)



Special Schools and Residential School

DETERMINING THE LEAST RESTRICTIVE ENVIRONMENT FOR STUDENTS

The Least Restrictive Environment is defined as

“each

public agency shall ensure that: to the maximum

extent appropriate, a pupil with an educationally disability shall be educated with children who are not

educationally disabled; special classes, separate schooling or other removal of a pupil with an

educational disability from the pupil's regular class occurs only when the nature or severity of the

educational disability is such that education in the pupil's regular class with the use of appropriate

supplementary aids and services cannot be achieved satisfactorily."

Least Restrictive Placement in the Continuum of Educational Services

Move this way

only as far as

necessary

General Education with Special Education Support Services

Return this

way as rapidly

as feasible

In-Class Resource Center Support and other Related Services

Pull-Out Resource Center Support and other Related Services

Special Classes with Mainstreaming Opportunities in Academic and Non -

Academic Classes as Specified in the IEP

The law mandates non-academic mainstreaming (lunch, gym, etc,) for all

students unless it is clearly inappropriate for an individual student for specific

reasons.

Day Schools and Special Class Clusters

Residential Programs

Hospital Schools

Home Instruction

The following questions will assist you in considering the appropriate environment for your child.

1. Where would your child attend school if he or she were not disabled? (Does neighborhood or

family isolation occur because your child does not attend the neighborhood school?)

2. What changes would have to be made at the school for your child to attend? (Physically

accessible? Interpreter? Transportation?)

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3. What do you want for your child's future? Difficult question but you must have a vision to direct

education.

4. What skills will your child need to have for the future you envision for him or her? (Think in

clear and simple terms: not gross motor skills, but ability to walk up stairs.)

5. What school programs and activities might help your child develop these skills? (Example,

cafeteria, tolerance of noise while eating.)

6. What supports and services are needed for your child to be involved in these school programs

or activities?

7. What additional programs and activities should be developed for your child? (Example, needs

for physical therapy, speech therapy, community vocational training.)

WHAT IS "SUPPORTED INCLUSIVE EDUCATION"?

Supported inclusive education refers to the opportunity for all students

regardless of their disability,

to be educated in

age-appropriate

general education classes in their

neighborhood school in natural

proportions*.

All necessary

supports

are provided to students and educators to ensure meaningful

participation in the total school community.

Definitions of Terms

Regardless Of Their Disability:

Inclusion looks different for every student, based upon the individual

needs, strategies and resources required, and can accommodate students with the full range of

disabilities.

Age-Appropriate:

Placement should be in a class with students within one to two years of the

chronological age of the student being included.

Neighborhood School:

This refers to the school the child would attend if s/he did not have an

educational disability.

Supports:

Supports can include, but are not limited to:



curricular or instructional strategies



peer supports



team teaching strategies



assistive technology



environmental adaptations



specialized instructional strategies



integrated and consultative related services

Supports will be different for each student dependent upon the unique needs of each student, class

and district. Inclusive education requires creative thinking in providing these supports and a

redefinition of roles. Inclusive education also involves supports for teachers:



planning time



training and technical assistance



collaborative teaming



parental involvement



administrative support



Natural proportions means that children with disabilities aren't lumped together in one general

education class but distributed throughout all general education classes.

HOW DOES INCLUSION DIFFER FROM MAINSTREAMING?

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Procedural Handbook for Administrators

Mainstreaming

The mainstreamed student's primary placement is in a self-.contained class for students with

disabilities. These students are taken out of separate classrooms for specific portions of the school day

and placed in classrooms with their non-disabled peers, often with no supports or accommodations,

and with performance expectations similar to those of the typical students.

Inclusion

The primary placement is in the general education classroom, although instruction may also be

provided in other settings based on the student's needs. Supports and performance expectations vary

based upon the student's needs and goals as stated in the Individualized Education Program (IEP).

Students may be engaged in the same activity with or without modifications, or may be engaged in

parallel activities (i.e., same content area but different activity). Inclusion has come to be preferred

primarily because it connotes that students with disabilities are considered part of the general

education classroom.

WHY IS INCLUSIVE EDUCATION IMPORTANT?

Preparation for Adult Living:

The goal of education is to prepare individuals to be contributing

members of society. Segregated settings often cannot prepare individuals to function in integrated

community and work environments because they do not afford those with or without disabilities

opportunities to develop the attitudes, values, and skills required to get along with one another as

interdependent members of society. By attending their local schools, students with disabilities can

practice skills in the actual community settings where they're needed and they can then develop a

sense of belonging.

Improved Learning through Peers and Greater Exposure:

Students with disabilities who are placed in

general education classes have opportunities to grow socially and academically through peer models

and exposure to a greater variety of experiences.

Growth for Peers:

Through having students with disabilities in their schools and classes peers without

disabilities learn to develop skills in dealing with others who are different from them. This experience

often leads to growth in their self-esteem and interpersonal behaviors, paving the way for the

formation of rewarding adult relationships with a variety of people in community, home, and

workplace settings.

Effective Use of Resources:

When students with disabilities are educated in general education classes,

special educators provide support in that setting. This affords students the opportunity to learn from

special educators general education classroom teachers and classmates. The entire class benefits from

the collaboration of general education and special educators; some general education educators feel

they have learned from special educators more effective ways to assist all students in the class.

Friendship Development:

Inclusion affords students with and without disabilities opportunities to

become friends with one another. Some of the friends that students with disabilities make in school

today will be their co-workers and fellow community members as they reach adulthood.

Acceptance of Differences:

As students with and without disabilities interact as classmates and friends,

opportunities arise to break down barriers and help people to understand each other better. Inclusion

can help us to create a society that accepts and values persons with and without disabilities as

contributing members in all aspects of community life.

Team Building:

Successful inclusion of students with disabilities requires greater collaboration

between general education and special education personnel. This teamwork can result in improved

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instruction for students and improved staff morale. The parents of the students with disabilities also

become valued members of this collaborative team, sharing their dreams and aspirations for their

children's futures.

Focus on Strengths:

Inclusive education programs are characterized by a focus on the student's

strengths, rather than the student's deficits. This emphasis enables the educators to look closely at

areas where the student is functioning most like his typical peers, and these strengths are then used to

facilitate positive interactions with classmates.

Support of Civil Rights:

The Individuals with Disabilities Education Act (IDEA) entitles all children with

disabilities to free appropriate public education in the least restrictive environment. In addition,

Section 504 of the Rehabilitation Act of 1973 guarantees that people with disabilities cannot be

excluded from any program or activity receiving federal financial assistance.

Notes:

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MANDT Training:

The Mandt philosophy is that all people should

be seen as people first

and treated with

dignity and

respect.

The core of Mandt is building healthy relationships, effective communication, and conflict

resolution. By using the strategies and skills acquired through Mandt training, the staff will be able to

effectively respond to a variety of student situations in a positive manner. This portion of Mandt can

also be incorporated into the working environment to create a safe and healthy working atmosphere

among staff.

When interacting with an escalated person, Mandt highly recommends engaging in verbal de-

escalation. The staff is trained to use a graded and gradual set of alternatives. Mandt believes in being

proactive when dealing with a person who has the potential to become verbally and/or physically

aggressive. By building healthy relationships, effectively communicating, and using conflict resolution

strategies, most situations can be handled in a way that leaves everyone feeling emotionally, socially,

and physically safe in their environment.

While Mandt does teach physical restraint, it is highly emphasized that restraint only be used for the

purpose of safety. Mandt believes that it is better to teach the safest possible physical techniques

rather than to have staff improvise and engage by reacting and using techniques that may increase the

potential for injury to staff or students.

To arrange MANDT Training for your building staff, please contact Karon Waters 554-2324

kwaters@usd261.com

or Lisa McKeown 554-2350

lmckeown@usd261.com

for next class dates.

Notes:

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Manifestation Determination:



On the 10th day of suspension a student cannot be suspended any further without a Manifestation

Determination completed by the school psychologist.



If the student is inadvertently sent home after the 10th day of suspension without a Manifestation

Determination, the student must be allowed to return to school immediately.



An IEP meeting will need to be held with information regarding Discipline, Suspension/Expulsions,

Behavior Support Plans, Interventions, Behavioral Goals, referral to, site counseling.



All documentation will need to be in place prior to an Expulsion. If the documentation is not

evident, the expulsion may be stopped and the student sent back to school.

Notes:

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Mediation/Due Process/Formal Complaint:



This process was created to mediate IEP disputes at the local level.



Develop partnerships between the parent and district.



Is intensive support for the site and district.



Is a collaborative process to resolve concerns.



Blends resources and expertise.



Is district administrator directed



Is special education facilitated.



If at the IEP meeting, the parent is not in agreement with the team decision, please contact the

Special Education Director. (316) 554-2222



An administrator trained in mediation, due process, and formal complaints will be contacted.



The parent will be called to discuss the issues and mediation, due process, or formal complaint may

be an option to resolve the dispute.

Notes:

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Procedural Handbook for Administrators

Paraprofessional Duties:

If the teacher is…

The

para can be…

Lecturing the class

Modeling note taking on the board or overhead

Completing a graphic organizer for students to use

Completing a study tool to support student learning

Indentifying and record important vocabulary

Keep a notebook of activities, assignments, etc. as a model for students

Taking roll

Collecting homework

Introducing the bellwork

Assisting students in getting organized

Reviewing & modeling directions, modeling first problem

Passing out papers

Giving instructions orally

Writing instruction on board or on a form so students will have a visual

Create a sequential to do list for the students

Checking for understanding with large group

Checking for understanding with a small/table groups

Providing direct instruction to whole class

Circulating, providing one-on-one support as needed

Facilitating a silent activity

Circulating, checking for comprehension and participation

Providing large group instruction

Circulating, using proximity control for behavior management

Reteaching or preteaching with a small group

Monitoring large group as they work on practice materials

Facilitating sustained silent reading

Listening to students read aloud quietly either individual students or small group of

students

Facilitating stations or groups

Also facilitating stations or groups

Explaining a new concept

Monitor students’ work, organization, understanding

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Procedural Handbook for Administrators

Types of Assistance Paraprofessionals Should Provide In the Classroom

Station Assistance:

Teacher and Paraprofessional plan and organize work center activities tied to state

standards with attention given to differentiation of center activities. Teacher and paraprofessional assess

student’s mastery of center activities.

Parallel Assistance:

Teacher plans lessons for both groups of students. Para works with one of the

groups while teacher works with other group.

Remediation or Extension:

Paraprofessional works with students that didn’t master material in group

instruction and re-teaches the concept or paraprofessional works with students that have mastered

concept before the rest of the class and offers enrichment activities.

Roving:

Paraprofessional is moving around the classroom ensuring that students are on task and

understanding materials.

Notes:

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Procedural Handbook for Administrators

Parent Participation



According to the federal and state law, each public agency shall take steps to ensure that one or both

of the parents of a child with a disability are present at each IEP meeting or afforded the opportunity

to participate.



Notify the parents early enough, at least 10 days, to ensure that they will have an opportunity to

attend. If the parent waives their right to advance notice, this must be indicated on the IEP.



Schedule the meeting at a mutually agreeable time.



A 10 Day Notice

and the Procedural Safeguards (Parent’s rights) must be sent home to the parent.



Three attempts must be made to insure that the parent will attend. Document this on the contact

sheet in the student’s special education file.



If a parent requests an IEP meeting, the team has 30 days to schedule this meeting.

Notes:

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Procedural Handbook for Administrators

Parents Refuse Consent to Later Placements:

You can’t override the parents’ refusal

to an initial placement (parents have the final say

regarding initial placements) but a recent ruling by

the U.S. Department of Education’s Office of

Special Education Programs (OSEP) suggests otherwise for “subsequent special education and

related services.” OSEP says that if the parents refuse consent for the initial placement, the

district is no longer obligated to give the child special education services.

If a special education student’s parents refuse consent to further special education and related

services and the IEP team continues to recommend special education support, consider using due

process procedures to override their refusal.

3. If the parent consents

to the initial placement, the district has “an ongoing mandate to provide

FAPE *a free appropriate public education+ to that child.” If the parents refuse consent to further

special education and related services, the district may find it appropriate to attempt an override

through a due process hearing.

Notes:

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Procedural Handbook for Administrators

Parent Requests for Special Education Testing:



According to the federal and state laws, classroom interventions must be documented prior to

assessment.



If a parent is requesting special education testing, the general education teacher must provide

documentation of interventions attempted and the outcome of the interventions.

Notes:

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Procedural Handbook for Administrators

Protocol for IEP meetings:

At times, some staff members may be involved in an IEP meeting that may become somewhat chaotic.

This may occur for a number of reasons. In the end, statements may be misinterpreted, emotions may

run hot, and mistrust may fester. These are some guidelines for conducting IEP meetings that would

facilitate the discussion and keep the focus on student needs and program. It might be helpful to discuss

them at a pre-team meeting.



All members of the team arrive on time to the meeting. At the beginning of the meeting, the purpose

of the meeting and roles of the participants are defined. In meetings where conflict is anticipated,

ground rules for interactions are established by the administrator/facilitator. If needed, time limits

are established and a timekeeper can keep track.



It is the expectation that all team members keep calm and speak softly, quietly and respectfully.

Should any participant in the meeting make unbecoming or inappropriate statements to another

participant, and then it is important that the administrator/facilitator calmly intervene by stating that

the remark is inappropriate and refocus the team to the purpose of the meeting.



If an interpreter is needed for the meeting, s/he should not be a staff member or an administrator

who has another role in the meeting. At the beginning of the meeting, the process for using the

interpreter should be reviewed. For example, the staff speaking addresses the parent; the

presentation is in chunks that can be translated by the interpreter; the interpreter addresses any

questions that the parent has to the team.



The administrator/facilitator moderates the meeting to keep the meeting on focus, and addressed

the issues and concerns as defined in the purpose as well as additional questions as they arise. The

administrator/facilitator asks questions to clarify information as needed and confirms that there is

understanding by all throughout the process of the meeting.



It is helpful that when staffs present their assessment data, they use a graphic presentation for the

team. The visual information will supplement the professional jargon for other professionals and

parents who may not be comfortable with only the specialized vocabulary.



At the time of scheduling an IEP meeting, when any site staff member or administrator feels the

tenor or content of the meeting is such that they need additional support, they may feel free to

request a coordinator or the director from the Special Education Department to be present.

Notes:

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Procedural Handbook for Administrators

Psychoeducational Reports:



The reports of any and all assessments completed as part of the psychoeducational assessment,

must

be given to the school psychologist at least 3 days prior to the IEP meeting

so that this information

can be included as part of the psychoeducational report.



According to state law, the final report must be ready at the time of the IEP meeting. The parent

should receive a copy at the time of the IEP meeting. If the final report does not have the necessary

components available, a draft report is acceptable at the time of the IEP meeting. The draft report

must have the word “DRAFT” indicated on all pages. If draft copies are distributed at the IEP

meeting, they must be collected at the end of the IEP meeting.



The completed folder will be turned into the Special Education Office within 10 days from the IEP

meeting date.



If the final copy of the psychoeducational report is not ready at the time of the IEP meeting, it is the

responsibility of the school psychologist to insure that the parent receive a copy of the report when it

is completed.

Notes:

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Procedural Handbook for Administrators

Reevaluation:

Determining Continued Eligibility

Upon completion of the reevaluation, the team should compile all data (that which previously existed

and/or was collected as part of the reevaluation) into a format that will be useful when the team

convenes to make the continued eligibility determination. It is important that all the information be in an

understandable format that allows the team, including the parent, to understand the child’s strengths

and weaknesses and how the child is progressing in the general curriculum in addition to information

about

the child’s exceptionality and needs for special education.

At the time the reevaluation is completed, the team should schedule a time to convene in order to make

the determination of continued eligibility. Parents are to be provided an opportunity to participate in the

eligibility meeting, which can be conducted at the same time as the IEP team meeting. The school must

provide a notice of the meeting at least 10 calendar days prior to the meeting date that includes the

requirements in K.A.R. 91-40- 17(b)(1).

When the meeting is convened, the reevaluation team, including the parents, review the results of the

reevaluation to determine:



if the child continues to be a child with an exceptionality;



the educational needs of the child;



the present levels of academic achievement and the functional performance (related developmental

needs) of the child;



whether the child continues to need special education and related services; and



whether any additions of modifications to the special education and related services are needed to

enable the child to meet the measurable annual goals set out in the IEP of the child and to

participate, as appropriate in the general education curriculum.

As is the case in all reevaluations, when making the determination of whether the child continues to be a

child with an exceptionality and whether the child continues to need special education and related

services, teams must take into account that the child has made progress since the time he/she was

initially evaluated and determined

to be eligible for services. The fact that the child’s performance gap

may be less than at the time of the initial evaluation would not necessarily mean that the child is no

longer a child with an exceptionality and no longer in need of special education services.

The data collected at the time of the reevaluation should assist the team in decision making. Teams

should thoroughly discuss the child’s present levels of educational performance and consider the child’s

rate of progress. Teams should also consider what level of support is needed in order for the child to

access and progress in the general curriculum and whether that level of support would continue to

require specially designed instruction. If at the time of reevaluation, a student needs only general

accommodations, then the student is no longer eligible for special education, but should be referred for

consideration of eligibility for a 504 plan. These careful considerations should drive the determination of

continued eligibility.

Documenting Continued Eligibility

After completion of appropriate reevaluation procedures, the team of qualified professionals and the

parent of the child shall prepare a written reevaluation report. A copy of the reevaluation report and

documentation of whether or not the child continues to be a child with an exceptionality must be given

to the parents.

Notes:

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Procedural Handbook for Administrators

School Psychologist Interns:



The interns will be overseen by the Special Education Director. Prior to the intern beginning, the

intern and supervising school psychologist will meet with the Director. A plan will be developed as to

how the interns will meet their fieldwork hours. The director will sign off on the plan.



Prior to the intern completing their fieldwork hours, the intern and supervising school psychologist

will meet with the director to review the experience, review what was accomplished and, if all

documentation is in place, the Director of Special Education will sign off that the fieldwork has been

completed.



In association with the surrounding Universities, a program that has been developed to assist

graduates complete their fieldwork hours.



The interns will work alongside the certified school psychologists until the interns are able to work on

their own.



Assessments and scoring are reviewed by the certified school psychologists.



Psychoeducational Reports are reviewed by the certified school psychologists. Both the intern and

certified school psychologist sign the reports.



The intern and the certified school psychologist attend the IEP meeting.



Interns

are invited to attend school psychologists’ staff meetings.

Notes:

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Procedural Handbook for Administrators

Sign Language Interpreter Services:



A request for a Sign Language Interpreter must be made 3 days prior to the date of services. District

interpreters may provide services after their regular workday for general education purposes if they

wish.



If a district interpreter is used after their normal working hours, your department will be charged for

their services. If the district interpreter arrives for a meeting that has been cancelled without notice

to the Special Education Department or the parent is a “NO SHOW”,

the requesting department will

be responsible for 1 hour of the interpreter’s time.



If a district interpreter is not available, the Special Education Department will schedule this

appointment with an outside agency. Charges are $43.00 per hour (2 hour minimum) for the

services. Services for Deaf and Hard of Hearing students with a current IEP will be covered by the

Special Education Department.

Notes:

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Procedural Handbook for Administrators

Special Education Students and Promotion/Retention Standards:

Districts receiving special education funding are required to comply with both the Individuals with

Disabilities Education Act and Section 504 of the Rehabilitation Act.

It is possible that special education students can be retained, but only under certain circumstances.

It is inappropriate to retain special education students who have failed to meet academic standards in

areas in which they qualified as special education students, unless the below standard is met.

It would not be unreasonable, on the other hand, to consider special education students to be at-risk of

retention based on the challenges they face while learning in the classroom.

The following information should be used as guidelines when considering the decision about promotion

and retention for a student in special education:

1. The Individualized Education Plan (IEP) includes:



The present levels of the student’s education performance.



The measurable annual goals, including benchmarks or short term objectives related to:

Meeting the student’s needs that result from the student’s disability to

enable the

student to be involved in and progress in the general curriculum.

Meeting each of the student’s other educational needs that result from the student’s

disability.



The specific special education instruction and related services and supplementary aids and

services to be provided to the student or on behalf of the student, and a statement of the

program modifications or supports for school personnel that will be provided for the student

to do the following:

a) to advance appropriate toward attaining the annual goals

b) to be involved and progress in the general curriculum

2. Also included in the IEP are appropriate objective criteria, evaluation procedures and schedules

for determining, on at least an annual basis, whether the annual goals are being achieved.

3. IEP decision to retain a special education student would be based on lack of meeting or making

progress toward student achievement within the appropriate goals and objectives and/or

significant absences that caused an impact on meeting and progress toward appropriate goals

and objectives.

An IEP meeting must be held if a special education student is going to be retained.

Notes:

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Procedural Handbook for Administrators

State Assessments & Testing:

State Accommodations, Assessments, and Test Selection

Eligibility

The use of accommodations is for students who have an IEP or Section 504 Plan and for whom the IEP or

Sections 504 Plan team has determined that accommodations are needed to provide equal access to the

assessments and the opportunity to demonstrate their knowledge of the content.

Who is responsible for making decisions regarding accommodations?

IEP

The decisions regarding accommodations for instruction and assessment can occur during the IEP

meeting at the following times:

Section 1. Consideration of Special Factors

–

Special considerations need to be addressed in developing

the IEP. It is during this time that the IEP team discusses the appropriateness of communication and

assistive technology supports.

Section 2

Supplementary Aids, Accommodations, and Modifications

–

This is the time when the IEP

team discusses the services, activities and supports that will be provided in general education classes and

other education-related settings, which allow the student to be educated with non-disabled peers to the

maximum extent appropriate.

Section 3. District-Wide Assessments

–

The IEP team documents the participation of the student in

district-wide assessments.

Section 4. State Academic Assessments

–

The IEP team documents the participation of the student in

state academic assessments. Non-participation is not an option.

Section 5. Assessment Accommodations

–

During this part of the IEP meeting the team will document

the accommodations that are needed to facilitate the participation of the student in district-wide and

state

assessments. As stated in the IPE document “The accommodations should e appropriate for that

particular assessment and reflective of those already identified for the student in the Supplementary

Aids. Accommodations and Modifications” (i.e., assessment

accommodations used in day-to-day

classroom instruction and testing).

The process of making decisions about accommodations requires that the teams make good instructional

decisions, which align the student's learning to the state's learning standards and to standards-based

instruction. This involves reviewing the student's present levels of performance in relation to the

district's general education curriculum. The teams must be cognizant that accommodations are to allow

the student to access the general education curriculum but do not change what is being measured by the

NOTE: IEP teams and Section 504 Plan teams are advised that there may be accommodations

required for the teaching and learning for students with disabilities that do not apply to state

assessments and are not listed within this document. The use of accommodations for instructional

purposes is in no way restricted to only the ones indicated in this document. IEP teams and Section

504 Plan teams are encouraged to provide all accommodations necessary to the individual student

for instruction through the IEP meeting and Section 504 Planning processes.

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Procedural Handbook for Administrators

assessment. The accommodations should remove "barriers" irrelevant to the content actually being

assessed.

Use of Accommodations

Testing accommodations are intended to minimize, to the extent possible, the unintended impact of a

student's disability on the measure of each content area performance on the state assessment. Other

additional accommodations are allowed which will minimize stress and increase comfort and confidence.

What is an accommodation?

Accommodations are practices and procedures that fall into four major areas:

1. Timing/Scheduling

2. Setting

3. Presentation

4. Response



Accommodations are intended to increase access to grade level content for students who are

potentially most impacted by conditions which interfere with them demonstrating their knowledge.



Accommodations provided to a student during state assessments should be similar to those provided

during classroom instruction and classroom assessments. However, some instructional

accommodations are not appropriate for use on state assessments. It's important for educators to

become familiar with state recommendations regarding the appropriate use of accommodations

during assessments to ensure they are administered appropriately.



Accommodations for students with disabilities are intended to help students demonstrate their

knowledge of test content without altering the test construct, what the test is truly intended to

measure.



Accommodations for students with disabilities involve changes to testing materials, testing

procedures, and/or the testing situation to allow the student to participate meaningfully in an

assessment.



Accommodations for students with disabilities provide results that are comparable to standard (i.e.,

non-accommodated) assessments.

What do good accommodations do?

Accommodations:



Reduce construct-irrelevant variance [e.g., large print (LP) helps the visually impaired student by

removing the accessibility obstacle of print which is too small]



Do not alter the construct measured (e.g., print size does not change the tested material)



Produce outcomes with differential effects (e g., large print text helps the visually impaired but is

neutral for normally-sighted test-takers)

What should be considered when identifying accommodations?



Accommodations should be selected with care on an

individual student basis,

considering student's

mode of communication, level of instruction, learning style, etc.



More accommodations are not necessarily better. Providing students with accommodations that are

not truly needed may have a negative impact on performance.



Some accommodations may be acceptable for one content area, but threaten the validity of one or

more other content area assessments, particularly for reading.

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Procedural Handbook for Administrators



Effective decisions about accommodations begin with making sound instructional decisions. These

decisions are facilitated by gathering and reviewing information about the student's specific needs

and current levels of performance in relation to state academic standards. It is important to keep in

mind that the purpose of accommodations during instruction and assessment is to provide equitable

access to the general education curriculum.

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Procedural Handbook for Administrators

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Procedural Handbook for Administrators

KAMM Eligibility Criteria

Required components:

1. The student has a current IEP.

2. Student is not eligible for the alternate assessment in the content area being considered.

(Eligibility must be determined for each content area separately.)

The decision to determine a student’s eligibility to participate in the KAMM may NOT RESULT

PRIMARILY from: excessive or extended absence, any specific categorical label nor social, cultural,

or economic differences.

Criteria

All

criteria must be met to identify a

student as eligible for participation in the

KAMM.

Examples

Supporting evidence for meeting these criteria (Data)

Intensive Individualized Instruction

Does the student need

significant

changes in the complexity

and scope of the general standards to show progress in the curriculum?

Requires intensive specially designed

instruction

AND

Planning/implementing of differentiated instruction to meet the individual

needs of the student. For example: modifications, materials used, visual

supports

Requires intensive individualized

supports

AND

Learning supported by adult assistance, providing frequent and structured

prompting and cueing, or may use assistive technology

Requires extensive instruction

AND

Extended learning time including increased frequency and duration of

instruction and practice

Classroom Assessment

Does the student need supports to significantly reduce the complexity or breadth of assessment items?

Requires differentiated content for

classroom assessment

AND

Student receives modified classroom assessments on a routine basis

Needs to show what they know

differently

AND

Assistive technology, oral presentation instead of a written response,

performance assessment

Accommodations alone do not allow

the student to fully demonstrate

knowledge

AND

Documented accommodations have been insufficient

Student Performance

Is the student

multiple

years behind grade level expectations?

Consistently requires instruction in

pre-requisite skills to the grade level

indicators being assessed

AND

Evidence shows the student’s instructional level in the scope and sequence of

the content standards is at a pre-requisite level

Despite the provision of research

based interventions, the student is not

progressing at the rate expected for

grade level

AND

Evidence shows the use of research based interventions and data for

monitoring progress

Student classroom achievement and

performance is significantly below

grade level peers

The preponderance of the above evidence and data indicates that the

student is performing significantly below their peer group. (It was discussed

that this could be approx. 2 standards deviations below the mean).

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Procedural Handbook for Administrators

Eligibility Criteria for

Students with Significant Cognitive Disabilities

To participate in the

Kansas Alternate Assessment



The student has an active Individual Education Plan and the present levels of educational

performance data indicates that with regard to progress in the general curriculum area under

consideration, the student is significantly delayed.

AND



The student’s learning objectives and expected outcomes in the academic area under consideration

requires substantial adjustment to the general curriculum of that area. The student’s learning

objectives and expected outcomes in the area focus on application, as illustrated in the benchmarks,

indicators, and clarifying examples within the Extended Standards.

AND



The student primarily requires direct and extensive instruction in the academic area under

consideration to acquire, maintain, generalize, and transfer the skills done in the naturally occurring

settings of the student’s life (such as school, vocational/career, community, recreation/leisure and

home).

AND



The student is presented with unique and significant challenges in demonstrating his or her

knowledge and skills on any assessment available in the academic area under consideration.

The decision to determine a student’s eligibility to participate in the alternate assessment may NOT

RESULT PRIMARILY from:



Excessive or extended absence



Any specific categorical label



Social, cultural, or economic difference



Amount of time he/she receives special education services



Achievement significantly lower than his or her same age peers

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Procedural Handbook for Administrators

Is the student’s

instruction and IEP goals and

objectives based primarily on the Extended

Standards, benchmarks and indicators?

Yes

Is the student

multiple

years behind grade level

expectations?

Yes

Does the student routinely receive

accommodations that allow demonstration of

knowledge & skills during instruction, classwork,

and/or classroom assessments?

Does the student need

significant

changes in the

complexity and scope of the general standards to

show progress in the curriculum?

Yes

Does the student need supports to significantly

reduce the complexity or breadth of assessment

items?

Yes

Alternate Assessment

The IEP team should review

the detailed

eligibility criteria

for Alternate Assessment

finalize the decision before

documenting on the IEP.

KAMM

The IEP team should review

the detailed

eligibility

criteria for KAMM

finalize the decision before

documenting on the IEP.

General Assessment

The IEP team should

document the content

areas for which the student

will take the General

Assessment.

General Assessment

With Accommodations

The IEP team should

document the appropriate

accommodations for each

content area on the IEP.

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Procedural Handbook for Administrators

Student Improvement Teams (SIT):

The SIT team is made up of all special education staff. This meeting provides a time when teachers are

able to discuss student needs, collaborate on assessments and calendar monthly IEP meetings.

SIT Notebook



Have sections for agendas, minutes, log, calendar



May have sections for accommodations, teacher/specialist schedules



Keep in a central, accessible location

Agenda



Choose an “agenda maker” (can rotate responsibility)



May choose from a variety of formats



Have sections for attendance, initial referrals (parent and SIT),

upcoming IEP’s (30-days),

reevaluations, teacher/parent concerns, behavior concerns (suspensions, behavior interventions, and

manifestation determinations)

Minutes



Choose

“keeper of the minutes” (can rotate responsibilities)



Can be handwritten or computerized



Are information for, continuity (tracking cases), record keeping, compliance, and communication.

SIT Log



Choose “keeper of the log”



Update at meeting (may use hard copy and computerize later)

SIT Calendar



Begin at start of school year (check out the district internet calendar!)



List all IEP meetings (student, case carrier, place, type of meeting)



List SIT and staff meetings



Include psych/specialists’ scheduled days



Update regularly (at SIT meetings, when meetings are scheduled by case manager)

Referrals



Student Intervention Team (SIT) Referrals



Parent Referrals

Multidisciplinary Assessment



Assessment of initial referrals



Assessment for reevaluations of placement



Assessment for manifestation determinations



Team may include psychologist, administrator, nurse Adapted PE teacher, Speech Therapist,

Resource Specialist, Special Day Class teacher, counselor, parent, student other support staff.



Student Observation

Discussion of Current Special Education Students



Plan for triennial assessments (modified v. full assessment)

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Procedural Handbook for Administrators



Discuss and problem-solve-teacher/administrator/parent concerns



Discuss possible changes of placement



Discuss and problem-solve behavior issues (including tracking suspensions, planning behavior

interventions)



Communication between service providers



Compliance

The Roles of SIT:

The SIT has several roles at a school site. One role is that of reviewing records from the Student

Intervention Team. The second role is that of the Multidisciplinary Assessment Team. The third role is to

review the progress of currently placed students.

Reviewing Records from the Student Intervention Team

The SIT chairperson reviews the files and/or records of children referred for testing by the Student

Intervention Team. The SIT may determine that more or different interventions need to be tried before

testing. The case would then be sent back to the Student Intervention Team.

Forming a Multidisciplinary Assessment Team

The SIT becomes a Multidisciplinary Assessment Team when it determines that assessment is needed.

This team determines types of assessments, formal and information, to be given to that student. A “case

manager/carrier/tracking teacher” is assigned to handle meetings, paperwork,

etc. The SIT (now the

Multidisciplinary Assessment Team) decides who will give assessments, and who will manage the case.

The Multidisciplinary Assessment Team may include (but is not limited to) the following individuals:



Psychologist



Administrator



Adapted PE Teacher



Speech Pathologist



Special Education Teachers



Related Service Providers



Counselor



Parent



Student

Role

–

Review Progress of Currently Placed Students

In addition, the SIT addresses triennial assessments, change of handicapping conditions, and change of

placement, behavior issues and a review of progress for students already in special education programs.

Documenting Progress, Discrepancy & Need

Citation

Kansas Rules of Special Education 41.306(3);

Special Education Eligibility Standards, Kansas Department of Education, July 2011

Progress,

Discrepancy and

Need Evaluation

The full and individual initial evaluation documents the examination of an individual' s

performance over time (progress), performance as compared to grade level expectations

or developmental norms (discrepancy) at the point in time the evaluation is conducted,

and needs in the context of the individual's unique circumstances. The evaluation also

attempts to identify those circumstances under which the individual experiences the most

growth or success.

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Procedural Handbook for Administrators

Progress

Discussion

The full and individual initial evaluation uses a child's response-to-intervention or

instruction data to support the conclusion that a disability is present. Specifically, the

individual's rate of progress is compared to the expected rate of progress for typically

developing peers. Progress data provides objective evidence that an individual's

performance over time and during targeted instruction/intervention is substantially

different than the rate of progress for typical peers.

Analysis of the rate of progress data includes a comparison of the:



individual' s rate or slope of improvement during intervention;



amount of resources necessary to ensure a positive slope (growth, progress) that

differ from those provided within the general education context; and



targeted intervention rate of progress data, along with other convergent data

regarding the individual's rate of progress.

There may be times when targeted interventions conducted prior to consent, have

generated sufficient data to answer the progress questions. If so, further documentation

of the progress components may not be necessary. For purposes of the initial evaluation,

the team may simply be documenting progress monitoring data which answers the

progress components and summarizes the analysis of progress data for decision making.

Progress

Determination

for Health,

Sensory and/or

Physical

Impairments

In rare and unusual cases, educational teams may not have intervention data and it may

not be needed in order for the team to determine that the child has a disability. These

include, and are not limited to:



a significant status change due to a health or medical condition, injury, etc.



an obvious and immediate need for service that is only available through

special education; or



the child is affected by a health or physical condition or a functional limitation that

has a high probability of adversely affecting educational performance (e.g., a

progressive condition, a condition strongly associated with adverse effects on

developmental progress or educational performance).

In such cases the evaluation team should document by progress monitoring the reasons it

believes the health, sensory or physical limitation will have an impact on the progress of

the student’s

educational

progress .

Components of

Progress

Components of progress which must be provided as evidence for this indicator include:



a clearly defined area of concern which includes a measure or performance indicator,

baseline data and frequent and repeated data collection over time



a clearly articulated and targeted intervention which meets scientifically research or

evidence based practices and ensures that the individual's rate of progress is not

directly related to a lack of appropriate instruction, absenteeism or mobility issues



a description of the data collected and the decisions made based on that data

(conclusions). This description must include a summary of the individual's rate of

progress when compared with expected performance. It must also include a

convergence of data that substantiates defensible conclusions about progress and

response to instruction/intervention.

Additionally, whenever intervention results are used in eligibility determinations, the

intervention must meet the requirements of systematic problem solving [41.3131] See

Systematic Problem Solving, above.

If the components of progress are available at the time of the consent for evaluation,

then no additional progress data is required. If the components of progress are not

available at the time of consent, then a targeted intervention will need to be developed

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and implemented concurrently with the evaluation and which meets all of the above data

requirements.

If sufficient data are not available for the team to conclude that the individual's rate of

progress is substantially different than the rate of progress of typical peers, then the team

must determine the child to be "not eligible" for special education and related services.

Progress

Decision Making

In addressing progress for the full and individual initial evaluation, teams consider and

document objective evidence to answer the following questions.



What is the child's rate of skill acquisition?



What is the expected rate of skill acquisition (standard and/or peers)?



Based on the previous two questions what can the team predict about the amount of

time it will take for the child to reach the standards and "catch up” with his/her

peers?



Under what conditions did the child experience the most growth? For example:

o What curriculum level was used to ensure a positive acquisition rate?

o What frequency or immediacy of reinforcement was needed to provide for a

positive acquisition rate?

o What group size? Time? Frequency? Intensity of instruction was needed to ensure

progress?

o What does the sustained progress data gathered over 6 to 9 weeks suggest about

the student's rate of acquisition?

Progress

Documentation

The information gathered to document the intervention and progress components and

the team's decision-making documentation in the SIT Form

Discrepancy

Discussion

In addition to evaluating progress, the disability determination focuses on the magnitude

of discrepancy. The discrepancy decision is based on the selection of appropriate

standards of comparison and the individual's performance compared to that standard.

Once a standard of comparison is selected and the individual's performance is measured

and compared to this standard, a decision must be made as to the magnitude of the

discrepancy and if the discrepancy is large enough to warrant special education and

related services. The discrepancy needs to be made on reliable, valid, current and

relevant measures.

Discrepancy data provides objective evidence that an individual's performance is

significantly different than the majority of children or youth of similar age or grade

and discrepant from standards or the essential skills and concepts of Core Curriculum.

There may be times when sufficient existing data are available to respond to the

discrepancy components. For purposes of this initial evaluation, the team may simply be

documenting in the

SIT Request Form,

that data which answers the discrepancy

components and questions. If the components of discrepancy are not available at the

time of consent, then the team will need to assess the student's present levels of

performance on standards for comparison. Data gathered from these assessments will be

described in the

SIT Request Form.

Components of

Discrepancy

Components of discrepancy which must be provided as evidence for this indicator

include:



a clearly articulated standard of comparison,



a description of the child's current level of performance, and



a description of the discrepancy and the significance of this discrepancy

An appropriate expectation would likely be based on a minimal level of student

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performance relative to the comparison group. A standard of comparison is selected and

used to evaluate the individual's performance. The standard chosen must be relevant to

the targeted area of concern. Teams are encouraged to consider first, if the individual is

discrepant from:



Kansas Curriculum Standards



Kansas Early Learning Standards

Discrepancy in

Decision Making

In addressing discrepancy for the full and individual initial evaluation, teams consider and

document objective evidence to answer the following questions.



What are the multiple sources of data that demonstrate the individual’s performance

is significantly discrepant from that of peers expected standards?



How does the individual’s current level of performance compare to that of typical

peers or expected standards?



What is the magnitude of the discrepancy?



What are the functional implications of the discrepancy? (Meaningful in a practical

sense and reliable in a statistical sense.)

Note: Eligibility determination is made using the convergence of data from multiple

sources.

Magnitude of

Discrepancy

Although there are no specific "cutoff ' scores that eligibility determination teams must

utilize for decision making, there are guidelines based on data that teams need to follow

when determining magnitude of discrepancy.



When considering benchmarks and standards (Core Content, Early Learning, Core

Curriculum's essential skills and concepts) as the standard of comparison, the

student's performance should be below grade level.



In some cases, discrepancy can be measured in terms of years behind in the

curriculum. This needs to be a decision that is made relevant to the targeted area of

concern. For example, one would not want to wait until an individual was two years

behind before providing instruction in specific reading skills.



When a measure is utilized that provides the opportunity to identify a percentile rank,

a score near or below the 12th percentile may be considered.



For specific areas such as speech/language therapy, occupational therapy, physical

therapy, vision and hearing, the teams will need to refer to discrepancy guidelines set

for those disciplines/domains.

Teams should note that discrepancy decision making occurs following targeted

intervention to remediate the area of concern, not the point at which the area of concern

is first noted.

Discrepancy

Documentation

The information gathered to document the discrepancy component must include answers

regarding the following questions.



What is the student's current level of performance?



What is the expectation in this area (standard and/or peers)?



What is the magnitude of discrepancy?



Does a significant discrepancy exist?

Answers to these questions should be summarized

under “educational discrepancy”

the

SIT Referral Form

for each area of concern and all performance domains listed on the

Consent for Notice of Full and Individual Initial Evaluation.

Although the discrepancy

decision is based on a child's performance at a given time, teams are encouraged to look

at multiple sources of data such as the child's performance on the less preferred

standards or additional assessments (e.g., interviews with teachers, classroom products,

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district wide assessments) which provides convergent data for the discrepancy decision

making.

Need Discussion

Instructional need is the third required component of eligibility determination, and is

reflected in the team's judgment that an individual requires special education and related

services in order to receive a free and appropriate education. Specifically, teams assess

through multiple methods (review, interview, observe, test), the needs of the individual in

each of four areas:



Instruction



Curriculum



Environment



Learning Supports

Teams must consider the individual's learning characteristics, ecological variables, and

any other relevant information collected as part of the evaluation to determine what

accommodations, modifications, services and supports the individual needs in each of the

above areas. To meet the need component of eligibility, however, identification of only

one area is required.

Need

Components

Based on the convergence of all data collected as part of the evaluation process,

instructional need is a data-based description of the resources necessary to improve and

maintain the student's rate of learning at an acceptable level and requires teams to

operationally define the conditions under which learning is enabled or enhanced. The

discussion of need summarize the unique constellation of services and supports that an

individual requires that go beyond the capability of general education to provide without

special education resources.

The educational services, activities, supports, accommodations and modifications

required by the individual to be successful and which cannot be sustained without

special education services must be determined through careful analysis of all evaluation

data - represented in the following graphic:

The team's conclusion regarding the individual' s needs for specialized services or

resources should be described a special education report and if the student is determined

eligible for special education should guide the Individualized Education Program.

Need Decision

Making

Need is the IEP team' s judgment that an individual requires special education and related

services in order to receive a free and appropriate education. In addressing need, teams

consider the following questions:

1. What are the individual's needs in the areas of instruction, curriculum, and

environment? For example:

In instruction, does the individual require instruction from someone with

specialized preparation or training? Does the individual require instruction that

includes frequent repetitions of key concepts?

In curriculum, does the individual require alternative textbooks (digital media,

Review all

relevant data



Interview



Observations



Tests/Tasks

Statement of

Individual’s

Instructional

Needs

Review all

relevant data



Interview



Observations



Tests/Tasks

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alternative accessible media) or instructional materials? Does the individual

require curriculum at a different or extended grade level?

With respect to the environment, does the individual need a distraction free

environment or a ratio with fewer students to teacher? Does the child need visual

supports?

In the area of learning supports does the child need an individualized

reinforcement system, assistive technology, additional passing time, etc?

2. What are the instructional strategies, accommodations, and modifications that

will enable the individual's learning performance to improve?

3. What accommodations and modifications were provided which enhanced the

individual's performance and allowed opportunity to acquire educationally

relevant skills?

4. What, if any, ecological variables are related to the individual's needs and

potentially contribute to the interventions, accommodations or modifications not

enhancing the individual's performance?

5. What is the pervasiveness of the area of concern across settings and time?

6. What ongoing, substantial, additional services are needed that exceed the

capacity of general education resources alone?

Need

Documentation

The information gathered to document the need areas and to determine the

answers to need decision is summarized in the special education evaluation report. If the

individual's instructional needs require services and supports that extend beyond what

typical general education resources alone can provide then the individual has met the

criteria for instructional need, which is indicated on the form.

Summarizing

the Evaluation

Information in

the Education

Evaluation

Report

The

Special Education Evaluation Report

is where teams summarize the information

gathered through the full and individual initial evaluation. It provides the evidence

(objective data and supportive information) that the individual is eligible and in need of

special education and related services or is not eligible. The report's information will

address the following questions:

1. Does the individual have a disability? (A disability is a significant skills deficit, a

health or physical condition, a functional limitation, or a pattern of behavior that

adversely affects the individual's rate of progress and current level of

performance.)

2. Are special education resources required to meet the individual's educational

needs?

Note: When the answer to both 1 and 2 is "yes”

then the individual is eligible for special

education and related services.

Notes:

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Student Intervention Team Referrals:



According to NCLB and IDEA Reauthorization, there must be documented

“scientifically based”

interventions provided to the student prior to moving

forward with special education assessment. “A

pupil shall be referred for special educational instruction and services only after the resources of the

regular education program have been considered and, where appropriate, utilized.



Please be sure that the intervention documentation is part of the SIT packet.



If the interventions are incomplete, the SIT packet will be returned to the SIT team.



There is not a predetermined number of students who can be taken through the SIT process.



There is not

a “cut off” date for the SIT

referrals which are academic and require SIT monitoring.



Students will be calendared in as usual throughout the year. This calendar needs to be monitored

carefully.

Notes:

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Students Not Eligible for Special Education Programs

Transition to Least Restrictive Environment:



If, at the three year review, the student does not qualify for special education under the state

guidelines, the team may write a transition IEP.



The school psychologist must be part of the IEP meeting.



While the student is transitioning, the school psychologist will indicate the Primary Disability as

though the student continues to qualify for special education.



In the comments and summary, a statement must be made that “The

student does not qualify, under

state guidelines, for special education services but the IEP team has decided to transition the student

for the next 6 months. At that time, another IEP meeting will be held to discuss the progress.



An exit IEP must be held at the time of the exit. The IEP team cannot project an exit date on the IEP.

Notes:

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Suspension/Expulsion:

An identified procedure must be followed when addressing the issue of suspension as it relates to a

special education student.

Specific methods must be employed when implementing discipline procedures for special education

students. The intent of these procedures is to ensure that individuals with exceptional needs and their

parents have access to required procedural safeguards.

Suspension Limited for Five Days

Discipline, which is not intended to change the placement or substantially interfere with the

implementation of a pupil’s IEP, is permissible for special

education students.

Permissible forms of discipline include detention, teacher suspension and principal suspension up to five

consecutive school days.

Suspension Limited to Ten Days

A special education pupil’s suspension may be extended for up to ten

consecutive school days in

situations where a pupil poses an immediate threat to the safety to self and others.

Exclusion by Injunctive Relief

A special education pupil may be excluded beyond ten days only when a pupil poses an immediate threat

to the safety of self or others and;

1. Parent(s) agree to a change of placement, or

2. The District seeks injunctive relief by court order.

In the event injunctive relief is granted, it is the court which decides the length and other terms of the

exclusion, which could include an interim placement.

Expulsion

Expulsion remains an option for a special education pupil when an IEP team has determined that:

1. The misconduct was not caused by or a direct manifestation of the identified handicap

2. The misconduct was not the result of an inappropriate program;

3. The misconduct warrants expulsion.

However, pending expulsion and placement, IEP team must meet and determine the provision of service.

Manifestation Determination

When a student is suspended for up to 10 days, by the 10th day a manifestation determination must be

completed.

The team answers the following questions:

Did the student’s disability impair the

ability of the student to understand the impact and

consequences of the behavior subject to disciplinary action?

Did the student’s disability impair the ability of the student to control the

behavior subject to

disciplinary action?

Was this student’s IEP/placement

appropriate at the time of the alleged misconduct?

Were supplementary aids and services in the student’s IEP provided at

the time of his/her

misconduct?

5. Were behavioral interventions provided to the student consistent with his/her IEP and

placement?

Notes:

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Transportation:

Concerns:

In order to facilitate needed change for specific transportation issues, all concerned special education

teachers should maintain a daily log of delivery and pick-up times for a minimum of two weeks. Your

tallies need to be returned to you coordinator in Special Services.

Notes:

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Appendix 1

–

Educational Flow Charts

EDUCATIONAL FLOW CHART

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INITIAL EVALUATION PROCESS

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GIFTED INDENTIFICATION FLOW CHART

Student with at least two achievement scores at the 97% may be referred to GEI or SIT team.

Parents and teachers may also refer a student to GEI or SIT team for evaluation

Student referred to GEI or SIT

Interventions are implemented by general education teacher or gifted teacher to determine if

student needs can or cannot be met in general education. These interventions should be

implemented for more than two (2) weeks and data should be collected to document

effectiveness of interventions.

If students needs can be

met in the general

education classroom with

accommodations, process

stops.

If student’s needs cannot be

met with accommodations in

the general education

classroom, student is

referred for an evaluation.

Complete comprehensive evaluation that must include

multiple information sources such as; student work

samples or projects, teacher, parent and/or student

check lists, behavior profile analysis and tack

commitment checklist. If evaluation team determines

that there is a preponderance of data, student would

qualify for gifted placement. Next the team must

determine if there is a need for placement. If student

qualifies and has a need for placement, student is

placed in gifted program.

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Appendix 2

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Special Education Mediation Process

Public awareness and training are provided. If family or school wants information, contact

Kansas State Department of Education (KSDE), Families Together, Kansas Association of

School Boards, or Kansas Advocacy and Protective Services.

Family and school agree to mediation.

Family and/or school contact KSDE to request mediator.

Mediation Consultant randomly appoints Mediator.

Mediator sets up meeting.

Mediation is successful,

agreement is written

Mediator sends

agreement to both

parties, IEP Team, and

Mediation Consultant

IEP Team revises IEP to

implement agreement, if

appropriate

Mediation at an impasse,

Mediator identifies other

options.

Due

Process

Other

Methods

Formal

Complaint

Mediator notifies

Mediation Consultant of

impasse

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Reference Number

Date of Request

REQUEST FOR MEDIATION

Parent(s) Name:

Address City/State/Zip:

Phone Number(s):

USD/Coop/Interlocal

No. & Name:

Address/City/State/Zip:

Contact Name:

Phone Number(s):

Student for whom mediation is requested:

Name:

Disability

Birthdate:

Has a due process hearing been requested?

yes

Has a hearing been scheduled?

yes

If yes, please state the date:

Please indicate preferred dates and times you are available for a mediation session. Unless there is an

emergency situation requiring immediate resolution, please allow approximately two weeks time for the

selection of a mediator and for the mediator to setup a mediation session.

Preferred Dates:

Please FAX & mail to:

Mediation Consultant

Special Education Services

KS State Dept. of Education

120 SE Tenth Avenue

Topeka, KS 66612-1182

Phone: (800) 203-9462 or (785) 296-5478

FAX: (785) 296-6715

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Reference Number

AGREEMENT TO MEDIATE

We, the undersigned, have been fully informed of the mediation process and agree to abide by the

procedures and guidelines governing the process, and that:

The mediator is a specially trained impartial third party whose role is to assist us in making mutually

determined decisions regarding the appropriate special education services or placement for:

(Name of Student)

2. The mediator is not serving as a legal representative, counselor, or advocate and will not make decisions

regarding the special education services or placement to be provided to the student.

3. The mediator cannot be called upon as a witness or consultant in any other administrative, judicial, or

educational process. Mediation discussions are confidential. Any recording (electronic or otherwise) of a

mediation session is not permitted. The only written record will be the agreement that we jointly

develop and agree upon in the mediation process; and

4. Participation in a mediation session is voluntary, and mediation may not be used to delay or waive the

parties' right to proceed with a due process hearing.

5. Kansas Law, at K.S.A. 72-996, requires that any agreement reached by the parties to this mediation must

be in writing and signed by the parent and an authorized representative of the school district. The law

also requires that, at a minimum, every mediation agreement must include the following statements:

1) the resolution of each issue presented in the complaint;

2) all discussions that occurred during the mediation process are confidential and may not be used as

evidence in any subsequent due process hearing or civil proceeding; and

3) each party understands that the agreement is legally binding upon them; and

4) the agreement may be enforced in state or federal court.

6. If this mediation includes complaint issues currently under investigation by the Kansas State Department

of Education, we agree that the timelines for completion of that investigation shall be extended to

provide us with an opportunity to complete the mediation process.

Parent:

Signature

Date:

Type or Print Name

Education Agency

Representative:

Signature

Date:

Type or Print Name

Please FAX and mail to:

Mediation Consultant, Special Education Services

KS State Dept. of Education

120 SE Tenth Avenue; Topeka, KS 66612-1182

Phone: (800) 203-9462 or (785) 296-5478

FAX: (785) 296-6715

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Reference Number

CONFIDENTIALITY PLEDGE

We understand that discussions held in mediation are to be kept confidential. Nothing that is said may be used

as evidence in any later due process hearing or other legal action. Specifically, we agree to the following:

•

We are not allowed to tell anyone about discussions during the mediation process. This includes statements

made, settlement proposals made or rejected, and the reasons an agreement was not reached, if that

happens. We may not discuss information regarding mediation discussions with a judge, administrative

hearing officer, complaint investigator or arbitrator

However, the parties may discuss information, on a need

to know basis, with appropriate staff and professional advisors. Also, a parent may disclose mediation

discussions to his/her spouse.

•

We agree that we will not at any time, before, during, or after mediation, call the mediator or anyone

associated with the mediator as a witness. This includes any judicial, administrative, or arbitration proceeding

concerning this dispute.

•

We agree not to subpoena or demand the production of any recordings, records, notes, work product, or

other written information of the mediator in any judicial, administrative, or arbitration proceeding concerning

this dispute.

•

If at a later date, either party decides to subpoena the mediator, or the mediator's records, the mediator will

contest the subpoena. The party making the demand agrees to reimburse the mediator for all expenses

related to contesting the subpoena. This includes attorney fees, plus the mediator's hourly rate during the

mediation process.

•

The exception to the above is that this agreement to mediate and any written agreement made and signed by

the parties as a result of mediation may be used in any relevant proceeding, unless the parties agree in writing

not to do so.

Adapted from: Senate Report 105-17, Committee on Labor and Human Resources, S.717, Individuals with

Disabilities Education Act Amendment of 1997.

Family member:

Signature

Date:

Type or Print Name

Family member:

Signature

Date:

Type or Print Name

Education Agency

Representative:

Signature

Date:

Type or Print Name

NOTE:

Mediation cannot and will not begin until the Mediation Consultant or mediator has received the

signed Confidentiality Pledge.

Please FAX & mail to:

Mediation Consultant

Special Education Services

KS State Dept. of Education

120 SE Tenth Avenue

Topeka, KS 66612-1182

Phone: (800) 203-9462 or (785) 296-5478

FAX: (785) 296-6715

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Rules of Mediation

The following is a summary of pertinent rules of mediation.

The mediator is an impartial third party.

The mediator has no authority to compel any

action by either party.

Mediation participants for both parties must

include persons who have the authority to act

on behalf of the student and local district or

agency.

Mediation requires the full participation and

commitment of both parties and can only begin

or continue when parties agree.

The mediation conference is not recorded by

any means. The only record that is kept of the

mediation conference is the mediation

agreement (either hand written or generated

by a laptop computer) which includes a listing

of participants and the date(s) and location(s)

of the mediation session(s) and a summary of

the outcome. A record of the mediation

discussions will not be maintained,

and no

recording (electronic or otherwise) is

permitted.

Efforts to mediate will not be admissible as

evidence at a due process hearing except for

the purpose of noting that the mediation

occurred and the terms of any agreement(s)

that were reached as a result of the mediation.

The mediator shall terminate the mediation

at any point that, in the opinion of the

mediator or either party to the mediation, no

resolution of the disagreement(s) is

forthcoming.

. The number of participants for each party

shall generally be limited to two or three

persons.

A reasonable time should be set from the

time of initiation to completion of mediation

(generally within ten calendar days). If needed,

the timeline could be extended by mutual

agreement of all parties.

10.

The mediator will chair all mediation

conferences and assure that they are convened

in a timely fashion, according to an orderly

process, and with due regard to the rights and

responsibilities of all parties to the mediation.

11.

The content of the mediation conference is

confidential and shall not be shared with

outside parties.

12.

The mediation will be present and future

oriented; past problems will not be the focus of

the mediation conference.

13.

The mediation will be conducted with

respect (e.g., name calling or interrupting will

not occur).

14.

A copy of the final agreement will become a

part of the student’s school records.

15.

Both parties will show good faith and

commitment to implementing the final

agreement.

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Appendix 3

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Formal Complaint Procedure

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Formal Complaint Timeline:

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KANSAS STATE DEPARTMENT OF EDUCATION

Special Education Services

Formal Complaint Request Form

Any parent of a child with an exceptionality, another individual, or agency or organization that believes

a school district is not following state or federal laws or regulations related to the Individuals with

Disabilities Education Act may file a formal complaint with the state department of education. A copy

of the complaint must also be sent to the school district. The complaint must allege a violation of

special education laws and regulations that occurred not more than one year before the date the

complaint is filed. The complaint must be in writing, signed, and sent to Special Education Services.

Any document submitted by either the school district or parents will be available to the other party,

upon request. Your request for a formal complaint investigation must include the following

information:

1. The name, address, and telephone number of the person filing the formal complaint.

Name___________________________________________________________________

Address_________________________________________________________________

City/State/Zip____________________________________________________________

Telephone_______________________________________________________________

2. The name, address, and telephone number of the educational agency against whom the formal

complaint is made.

Name of School__________________________________________ USD No.________

School Address___________________________________________________________

City/State/Zip____________________________________________________________

Telephone_______________________________________________________________

3. The name, category of disability and home address of the child involved.

Name of Child_______________________________ Disability ____________________

Home Address____________________________________________________________

City/State/Zip____________________________________________________________

4. State each of your concerns. You must include the facts that provide the basis of each concern.

Such facts must include when the concern arose and who, or what circumstances, caused the

concern. Also state what you believe the school district should do to resolve each of your

concerns. (Attach additional pages if needed.)

What is Concern #1?:

What are the facts?:

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What do you believe should be done to resolve this concern?

If you have additional concerns, please state: (a) each concern; (b) the facts that support each concern

and (c) what you believe should be done to resolve the concern.

Signature

Date

NOTE: Federal regulations provide that the school district has the discretion of offering a proposal to

resolve the concerns presented in a complaint or offering to participate in voluntary mediation with

the complainant. If the parties agree to (a) mediate any of the concerns presented and (b) to extend

the 60 day time line for completion of a complaint investigation, a mediator will be provided by the

Kansas State Department of Education, at no expense to the parties.

Upon receipt of a written, signed complaint, the Formal Complaint Investigator will conduct an

investigation and provide a written report of findings to the person or agency making the complaint

and to the school district. If a violation is confirmed, the report will contain corrective actions and

timelines to be followed by the school. The formal complaint report is final, unless one of the parties

appeals the report. Either party may appeal the report by filing a written notice of appeal with the

Kansas Commissioner of Education.

The formal complaint must be signed and mailed or personally delivered to:

Formal Complaint Investigator

Special Education Services

Kansas State Department of Education

120 SE Tenth Avenue

Topeka, KS 66612-1182

Haysville USD 261

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Procedural Handbook for Administrators

Appendix 4

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Due Process:

Due Process Time-Line SEC. 615

(Pre-hearing procedures)

LEA

Parent

Hearing Officer

Due process

complaint notice

delivered to the other party and to the SEA which includes

sufficient

information (b)(7)(A)

10 days response and notice,

unless prior written notice

regarding the issues has already

been given to parents (c)(2)(B)

10 days to

respond

and

specifically address the issues

(c)(2)(B)(ii)

15 days to convene a

resolution

session

unless waived by both

parties (f)(1)(B)(i)(1)

15 days to send

Notice of Insufficiency

of notice of complaint (c)(2)(C)

5 days from receipt of Notice of

Insufficiency

determine

sufficiency

of complaint notice

and notify parties in writing

(c)(2)(D)

5 business days prior to hearing (not less than), each party must disclose to the other party all

evaluations and recommendations

based on the evaluations that they intend to use at the hearing

(f)(2)

Amendment

of complaint notice may be made any time prior to

hearing if the other party consents in writing and has an

opportunity for a resolution session or if the hearing officer grants

permission for the amendment

–

if complaint notice is amended,

all timelines recommence (C)(2)(E)

May grant request for

amendment

not later than 5

days prior to hearing

(c)(2)(E)(i)(9)(11)

Two year limit exceptions

30 days from receipt of Notice

of Complaint, if LEA has not

resolved issues, the

hearing

may begin

and applicable

timelines for hearing shall

commence (f)(1)(B)(ii)

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USD # 261 NOTICE TO PARENTS OF

SPECIAL EDUCATION DUE PROCESS HEARING

(Send a signed copy of this due process hearing notice to the student’s parents and to the

Kansas State Department of Education, Special Education Services Team,

120 S.E. 10

Ave. Topeka, Kansas 66612)

This notice is to inform you that USD 261 is initiating a special education due process hearing relating

to the identification, evaluation, or educational placement of your child or the provision of a free

appropriate public education to your child. Therefore, you are being provided with the following

required information (which will also be provided to the hearing officer):

1. Name, address, and telephone number of USD 261 contact person.

Name: _____________________________________________________

Address: ___________________________________________________

Telephone: _________________________________________________

2. The name of the student. _____________________ Disability ________________

The name, address, and telephone number of the student’s parents.

Name of father: _____________________________________________________

Address: __________________________________________________________

(or contact information if the child is homeless)

Telephone Number: __________________________________________

Name of mother: ____________________________________________________

Address (if different): __________________________________________________

Telephone Number (if different): __________________________________________

4. A description of each problem, including the facts related to each problem, and a proposed

resolution for correcting each problem.

5. Please note that you are required by law to send, within 10 days of receiving this notice, a

response to the school district that specifically addresses the issues raised in this complaint.

Please refer to the notice of parent rights for a full description of your due process rights. If this

is the first time a due process hearing has been requested regarding your child, a copy of the

parent rights document is enclosed with this notice. If a copy of the parent rights document is

not enclosed with this notice, please be advised that it is always available from the school district

upon request or from the Kansas State Department of Education, Special Education Services web

site at, www.kansped.org.

6. Attached to this notice is a list of qualified special education due process hearing officers, along

with a statement of the qualifications of each. We have already contacted each of the hearing

officers on the list to verify that they are currently available to serve as the hearing officer for this

hearing. You have the right to disqualify any or all of the hearing officers on the list. You have

five days from the date you receive this notice to advise us of any hearing officers on the list that

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Procedural Handbook for Administrators

you wish to disqualify. The school may appoint from this list any hearing officer who has not

been disqualified by you. If you disqualify all of the hearing officers on the list, the school will,

within 3 business days after receiving your notice of disqualification of all of the hearing officers

on the list, notify the Kansas State Department of Education of the following: (a) your name and

address; (b) the name and address of your attorney, if known; and (c) the names of the hearing

officers who were disqualified by you. At that time, the school will request that the Kansas State

Department of Education appoint a hearing officer for this case.

7. We are also required to inform you of free or low-cost legal and other relevant services. To fulfill

this requirement, we refer you to Kansas Legal Services 1-800-723-6953 and to the Disability

Rights Center of Kansas 1-877-776-1541. Families Together (1-800-264-6343) is the Parent

Information Center and can help parents understand their rights and due process procedures.

8. Please be advised that a mediation process is also available to help resolve special education

disputes. The costs of mediation are borne by the state. Thus, there are no costs for mediation

to either the parents or the local school district. The mediator is an impartial professional who is:

(a) knowledgeable in special education law; (b) not connected with the school district; and (c)

selected for the mediation by the state department of education.

(Please add additional pages, if necessary)

PROBLEM 1:

FACTS RELATED TO PROBLEM 1:

PROPOSED RESOLUTION OF PROBLEM 1:

Date

Signature of authorized school representative

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NOTICE OF PARENT’S REQUEST FOR DUE PROCESS HEARING

(Send a signed copy of this due process hearing notice to the School Superintendent or Special Education

Director at the business office of the school and a copy to the Kansas State Department of Education, Special

Education Services Team, 120 S.E. 10

Ave. Topeka, Kansas 66612. If you have questions regarding special

education or due process hearing rights or requirements, you may contact the Kansas State Department of

Education at 1-800-203-9462)

I have a complaint about the identification, evaluation, or educational placement of my child or the provision of

a free appropriate public education to my child. Therefore, I submit this request for an impartial special

education due process hearing and include the following required information.

1. My name, address, and telephone number.

Name: _____________________________________________________

Address: ___________________________________________________

Telephone: _________________________________________________

2. The name, category of disability and address of my child.

Name: _______________________________ Disability _____________________

Address: ___________________________________________________

(or contact information if the child is homeless)

The name, address, and telephone number of my child’s school.

Name of School: _____________________________________ USD # ________

Address: ____________________________________________________

Telephone Number: ___________________________________________

4. A description of each problem, including the facts related to each problem, and a description of what I

think needs to be done to correct each problem.

5. I have been informed that (a) I have a right to initiate a due process hearing relating to concerns I have

about the identification, evaluation, or placement of my child or the provision of a free appropriate public

education to my child; (b) I must make my request for a due process hearing within 2 years of the date I

knew or should have known of the action that forms the basis of this complaint; and (c) the 2 year time

limit may be extended if the school district prevented me from requesting the hearing through specific

misrepresentations that it had resolved the problem or if the school district withheld information that it

was required by law to give me. I also understand that a mediation process is available, at no cost, to help

resolve disputes, and that organizations providing low cost legal and other relevant services are listed in

the school’s notice of parent rights. In addition, I understand that the school must meet with me prior to

a due process hearing to attempt to resolve the problems stated in this due process notice. However, a

meeting is not required if the school and I agree, in writing, to waive such meeting or agree to use the

mediation process. I also understand that I may obtain a copy of the notice of parent rights explaining my

due process rights from the school upon request.

(Please add additional pages, if necessary)

PROBLEM 1:

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FACTS RELATED TO PROBLEM 1:

PROPOSED RESOLUTION OF PROBLEM 1:

PROBLEM 2:

FACTS RELATED TO PROBLEM 2:

PROPOSED RESOLUTION OF PROBLEM 2:

Date

Signature of Parent or Attorney

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Due Process Time-Lines:

K.A.R. 91-40-28 (d) & (e)

LEA

Parent

Hearing Officer

Due process complaint notice delivered to the other party AND to

the SEA which includes sufficient information

Five business days to furnish

parents with the following:

(a) list of qualified due process

hearing officers;

(b) written notice of

(1) parent’s right (within five

days) to disqualify any or all of

the hearing officers on the list;

(2) school may select any

hearing officers left on the list;

(3) if no hearing officers are left

on the list, the school will

request that the KSDE select a

hearing officer;

(4) availability of mediation.

Also give written notice of the

filing of a due process hearing

to the KSDE.

Five days to respond with notice

of disqualification of hearing

officer(s).

Three business days after a

parent gives notice that all

hearing officers have been

disqualified, contact KSDE and

request appointment of hearing

officer. (KSDE has three

business days to appoint a

hearing officer.)

Hearing must be held within 35

days of date of request. KSA 72-

973(c)

At request of either party, the

hearing officer may grant

specific extensions of time. KSA

72-975(c)

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USD # 261 NOTICE TO PARENTS OF EXPEDITED

SPECIAL EDUCATION DUE PROCESS HEARING

(Send a signed copy of this due process hearing notice to the student’s parents and to the Kansas State

Department of Education, Special Education Services Team, 120 S.E. 10

Ave. Topeka, Kansas 66612)

This notice is to inform you that USD 261 is initiating an expedited special education due process hearing

relating to behavior of your child that we believe is substantially likely to result in injury to your child or to other

persons, and that we will be requesting an order approving an interim alternative educational setting for up to

45 school days. Therefore, you are being provided with the following required information:

1. Name, address, and telephone number of USD 261 contact person.

Name: _____________________________________________________

Address: ___________________________________________________

Telephone: _________________________________________________

2. Student name: _________________________ Disability ____________________

3. The name, address, and telephone number

of the student’s parents.

Name of father: _____________________________________________________

Address: __________________________________________________________

(or contact information if the child is homeless)

Telephone Number: __________________________________________

Name of mother: ____________________________________________________

Address (if different): ____________________________________________________

Telephone Number (if different): ___________________________________________

4. A description of each problem, including the facts related to each problem, and a proposed

resolution for correcting each problem.

5. Please note that you are required by law to send, within 10 days of receiving this notice, a

response to the school district that specifically addresses the issues raised in this complaint.

Please refer to the notice of parent rights for a full description of your due process rights. If this

is the first time a due process hearing has been requested regarding your child, a copy of the

parent rights document is enclosed with this notice. If this is not the first due process request, a

copy of the parent rights document is always available from the director of special education for

the school district or educational cooperative, upon request. The notice of parent rights is also

available on the Kansas State Department of Education, Special Education Services web site at

www.kansped.org.

6. The school is sending a copy of this notice to the Kansas State Department of Education, and we

are requesting that it appoint a hearing officer for this case.

7. We are also required to inform you of free or low-cost legal and other relevant services. To fulfill

this requirement, we refer you to Kansas Legal Services 1-800-723-6953 and to the Disability

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Rights Center of Kansas 1-877-776-1541. Families Together (1-800-264-6343) is the Parent

Information Center and can help parents understand their rights and due process procedures.

(Please add additional pages, if necessary)

PROBLEM 1

FACTS RELATED TO PROBLEM 1

PROPOSED RESOLUTION OF PROBLEM 1:

Date

Signature of Authorized School Representative

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NOTICE OF PARENT’S REQUEST FOR EXPEDITED DUE PROCESS HEARING

(Send a signed copy of this due process hearing notice to the School Superintendent or Special Education

Director at the business office of the school and a copy to the Kansas State Department of Education, Special

Education Services Team, 120 S.E. 10

Ave. Topeka, Kansas 66612. If you have questions regarding special

education or due process hearing rights or requirements, you may contact the Kansas State Department of

Education at 1-800-203-9462)

I have a complaint about the manifestation determination regarding my child and/or the disciplinary placement

of my child. Therefore, I submit this request for an expedited special education due process hearing, and

include the following required information.

1. My name, address, and telephone number.

Name: _____________________________________________________

Address: ___________________________________________________

Telephone: _________________________________________________

2. The name, category of disability, and address of my child.

Name: ________________________________ Disability _______________________

Address: _____________________________________________

(or contact information if the child is homeless)

The name, address, and telephone number of my child’s school.

Name of School: ____________________________________

USD # 261

Address: ____________________________________________________

Telephone Number: ___________________________________________

4. A description of each problem, including the facts related to each problem, and a description of

what I think needs to be done to correct each problem.

5. I have been informed that I have a right to initiate an expedited due process hearing relating to a

manifestation determination and/or a disciplinary change of placement regarding my child. I also

understand that organizations providing low cost legal and other relevant services are listed in

the school’s notice of parent rights. In addition, I understand that the school must meet with me

prior to a due process hearing to attempt to resolve the problems stated in this due process

notice unless the school and I agree, in writing, to waive such meeting or agree to use the

mediation process. I also understand that I may obtain a copy of the notice of parent rights

explaining my due process rights from the school upon request.

(Please add additional pages, if necessary)

PROBLEM 1:

FACTS RELATED TO PROBLEM 1:

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PROPOSED RESOLUTION OF PROBLEM 1:

PROBLEM 2:

FACTS RELATED TO PROBLEM 2

PROPOSED RESOLUTION OF PROBLEM 2

Date

Signature of Parent or Attorney

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Appendix 5

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Eligibility Indicators:

Eligibility Indicators

for

Haysville USD 261

Spring, 2011

Version 5.0 (a revision to the Fall, 2007 version)

A copy of this document may be downloaded by accessing the KSDE Special Education

Services web page: www.ksde.org

This guidance document will continue to be a working document and will be periodically

updated based on input from its use in the field.

Special Education Services

Kansas State Department of Education

An Equal Employment/Educational Opportunity Agency

The Kansas State Department of Education does not discriminate on the basis of race, color, national

origin, sex, disability, or age in its programs and activities. The following person has been designated to

handle inquiries regarding the non-discrimination policies: KSDE General Counsel, 120 SE 10th Ave.,

Topeka, KS 66612; 785-296-3201

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This document contains information about initial evaluation, including appropriate sources of data, eligibility

determination, and includes Federal and State definitions of each exceptionality area. It also provides information

regarding exclusionary factors that must be considered and examples of indicators of eligibility to assist school

personnel as they make decisions. The purpose of the document is to provide guidance to evaluation teams as they

seek to address the two-prong test of eligibility when determining if a student is eligible for special education. For

further guidance and a more complete discussion of the initial evaluation process, see Chapter 3 in the Special

Education Process Handbook. This important resource may be viewed and downloaded by accessing the following

web page: www.ksde.org

Eligibility Determination

The initial evaluation must include a variety of assessment tools and strategies to gather relevant functional,

developmental, and academic information. This includes information provided by the parent that may assist in

determining whether the child is an exceptional child, the educational needs of the child, and the content of the

child’s IEP, including information related to enabling the child to be involved, and progress in the general education

curriculum or, for preschool children, to participate in appropriate activities (K.S.A. 72-986(b)(1)). The Special

Education Process Handbook outlines two methods of evaluation, (i) “the child’s response to scientific research-

based intervention” and (ii) “a pattern of strengths and weaknesses”, which are outlined in federal regulations with

regard to the identification of students with specific learning disabilities. However, in Kansas, both are also

appropriate to be used to determine eligibility for any of the areas of exceptionality. Regardless of the method

chosen, evaluation teams will use existing and/or new data that comes from a variety of sources. The richest source

of this information comes from the data collected in the provision of interventions. Interventions typically occur as

a part of the General Education Intervention process, but may also be collected from interventions conducted

during the initial evaluation process.

When interpreting evaluation data from either of the two methods of evaluation for the purpose of making an

eligibility determination, the team must ensure that the child meets the definition of one of the categories of

exceptionality and, as a result of that exceptionality, needs special education and related services (KAR 91-40-

1(k)(w); 34 CFR 300.8). This is known as the two-prong test of eligibility. If a child meets the definition of an

exceptionality category but does not need special education and related services, s/he will not be determined to be

eligible. If the child has a need for special education and related services but does not meet the definition of an

exceptionality category, s/he will not be determined to be eligible. In the case of a child who is found to have a

disability, but does not need special education and related services, a referral for a Section 504 evaluation may be

considered.

1. Determining Whether the Child is a

Child with an Exceptionality

"Exceptional children" means children with disabilities and gifted children (KAR 91-40-1 (w)). "Child with a

disability" means the following: (1) a child evaluated as having intellectual disability, hearing impairments including

deafness, speech or language impairments, visual impairments including blindness, emotional disturbance,

orthopedic impairments, autism, traumatic brain injury, other health impairments, specific learning disabilities,

deaf-blindness, or multiple disabilities, and who, by reason thereof, needs special education and related services;

and (2) for children ages three through nine, a child who is experiencing developmental delays and, by reason

thereof, needs special education and related services ((KAR 91-40-1 (k); CFR 300).

When considering the first prong of the two-prong test of eligibility, the team reviews the initial evaluation and

other data to determine whether or not the child is a child with an exceptionality. To do this, team members

compare the data about the child to see if there is a match to one of the exceptionality categories defined in the

regulations. However, even when the data points to a particular area of exceptionality, there are exclusionary

factors that must be examined before determining the child is a child with an exceptionality.

Regulations are very clear with regard to the fact that a child must NOT be determined to be a child with an

exceptionality if:

(a) the determinant factor is:

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

Lack of appropriate instruction in reading, including the essential components of reading instruction

(defined in section 1208(3) of the ESEA (NCLB) as phonemic awareness, phonics, vocabulary development,

reading fluency including oral reading skills, and reading comprehension strategies); or



Lack of appropriate instruction in math; or



Limited English proficiency; and

(b) the child does not otherwise meet the eligibility criteria as a child with an exceptionality (KSA 72-986(f); KAR 91-

40-10(c); 34 CFR 300.306(b)).

In addition to these exclusionary factors which apply to all categories of exceptionality, there are exclusionary

factors specific to certain disabilities that must also be ruled out. Those factors are contained in this document and

guidance is provided to assist teams in their evaluation of these factors as they determine eligibility.

If the evaluation data indicates there is a match with a particular category of exceptionality and the team has ruled

out the presence of any exclusionary factors, the team may determine that the child meets one of the

requirements of eligibility as a child with an exceptionality (Prong 1 of the test of eligibility). If there is not a match

or exclusionary factors are present, the team must determine that the child does not meet the eligibility of a child

with an exceptionality. However, being gifted or having a disability does not necessarily qualify a child for special

education services. Thus teams must also consider the component of the definition which states: “and who, by

reason thereof,

needs special education and related services.”

2. Determining Whether the Child Needs Special Education and Related Services

The second prong of the test of eligibility is to determine whether or not the child needs special education and

related services as a result of the exceptionality. It is helpful for teams to remember that by definition special

education means specially designed instruction (KAR 91-40-1(kkk); 34 CFR 300.39(a)(1)), and, that specially

designed instruction means adapting the content, methodology, or delivery of instruction to address the unique

needs of a child that result from the child’s exceptionality to ensure access of the child to the general education

curriculum in order to meet the educational standards that apply to all children (KAR 91-40-1 (lll); 34 CFR

300.39(b)(3)(i-(ii)). This implies that in order to have a need for special education, the child has specific needs which

are so unique as to require specially designed instruction in order to access and progress in the general education

curriculum.

Kansas regulations at KAR 91-40-7(c)(1-2), require that prior to referral for an initial evaluation the school must

have data-based documentation of the following: (1) having provided appropriate instruction to the child in regular

education settings that was delivered by qualified personnel (2) repeatedly assessing the child’s academic

achievement at reasonable intervals which reflect formal assessment of the child’s progress during instruction; (3)

having provided the assessment

results to the child’s parents; and, (4) that the assessment results indicate an

evaluation is appropriate. Gone are the days where school teams can simply indicate the interventions tried with

anecdotal remarks to indicate the need for evaluation. The data collected prior to referral must now be

documented as indicated above and, if the child goes on for evaluation, that data becomes an integral part of the

eligibility determination of need. Whether the school is implementing a system of school-wide multi-tiered model

of intervention (MTSS) or uses an individual problem solving approach (SIT, SAT, CARE, etc.) to carry out

interventions and document the child’s progress, the school will have data regarding the child’s needs related to

the intensity of instruction and supports required for the child to be successful.

The team must review the evaluation data in such a way as to understand the extent of the child’s needs with

regard to specially designed instruction. Teams should be able to use the data to describe the intensity of the

support needed to assist the child in accessing and progressing in the general education curriculum. It is only

through this discussion that the team can determine whether or not the child’s need for having adapted content,

methodology, or delivery of instruction is so great that it cannot be provided without the support of special

education.

If the team determines that the child’s need for having adapted content, methodology, or delivery of instruction is

so great that it cannot be provided in regular education without the support of special education, the team may

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determine that the child needs special education and related services (Prong 2 of the eligibility test). If the data

suggests the child’s needs for instruction can be

provided within regular education without the support of special

education and related services, the team must determine that the child is not in need of special education and

related services.

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Examples of Sources of Data

1. General Education Interventions or Results of Screening/General Education Curriculum Progress

Data that the child was provided appropriate instruction in general education settings, including repeated

assessments of achievement at reasonable intervals,

reflecting formal assessment of the child’s progress during

instruction. This includes records of interventions attempted, data collected during monitoring, evaluation of

interventions, and data collected through screening measures.

2. Record Review

Information provided by the parents, current classroom-based assessments, information from previous services

providers, prior screenings, previous evaluations, reports from other agencies, portfolios, discipline records,

cumulative file, health records, performance in relationship to curricular standards, and other records.

3. Interview (Parent and other caregivers, Student, Teacher)

Parents, teachers, and the child can all typically provide insight into areas of strengths and needs. Interviews can

also provide

information about significant historical events in the child’s life as well as about his performance in the

classroom and other settings. This may include instructional history, social history, medical information, and/or

developmental history.

4. Observation

Structured observations, rating scales, ecological instruments, behavioral observations, functional analysis of

behavior and instruction, anecdotal notes, and other observations (conducted by parents, teachers, related

services personnel, and others). The purpose of the observation is to help the evaluation team understand the

extent to which the child’s skills are impacting his/her ability to participate and progress in a variety of settings.

5. Tests

Standardized norm-referenced tests are helpful if the information being sought is to determine how a child

compares to a national group of children of the same age or grade. Criterion-reference tests are helpful in

determining if the child has mastered skills expected of a certain age or grade level. Tests may include individual

measures of ability or aptitude, curriculum-based assessments (e.g., CBA, CBM, or CBE), performance-based

assessments (i.e., rubric scoring), or other skill measures such as individual reading inventories. Diagnostic testing

which might include measures of reading, math, written language, other academic skills, tests of motor functioning,

speech/language skills, adaptive behavior, self-concept, or appropriate tests of any domain of concern.

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Autism

KAR 91-40-1

‘

(f) "Autism" means a developmental disability significantly affecting verbal and nonverbal communication and

social interaction, generally evident before age three but not necessarily so, that adversely affects a child's

educational performance. Other characteristics often 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. The term shall not apply if a child's educational performance is adversely

affected primarily because the child has an emotional disturbance.

Exclusionary Criteria:

A child

must NOT be determined to be a child with an exceptionality

if the determinant factor is:

Exclusionary Factor

How to Evaluate



Lack of appropriate instruction in reading,

including the essential components of reading

instruction (defined in section 1208(3) of the

ESEA (NCLB);

Evidence shows that the student’s previous reading instruction

and curriculum addressed phonemic awareness, phonics,

vocabulary development, reading (fluency including oral

reading skills), and reading comprehension strategies. This

evidence may come from (a) an evaluation of the school’s basal

curriculum and supplemental materials, and (b) that the

student actually received instruction provided by highly

qualified teachers using appropriate basal curriculum and

supplemental materials.



Lack of appropriate instruction in math; or

Evidence shows that the student’s previous math instruction

and curriculum addressed math calculation, problem solving,

and conceptual understanding. This evidence may come from

(a) an evaluation of the school’s basal curriculum and

supplemental materials, and (b) that the student actually

received instruction provided by highly qualified teachers using

appropriate basal curriculum and supplemental materials.



Limited English proficiency;

If the student being evaluated is an English Language Learner,

provide evidence that the student was provided with

appropriate accommodations and interventions to address it.

Consider things such as: proficiency in English and in the

student’s native language, amount of time in the country, level

of education in the student’s

native country, etc. Also consider

whether the student’s rate of learning is different from those of

similar language background and educational experience. If, in

spite of appropriate accommodations and interventions, the

student’s learning difficulties

persist, this factor is ruled out.



and the child does not otherwise meet the

eligibility criteria as a child with an

exceptionality

Evidence shows that the student’s learning difficulties are not

due to factors other than those associated with the criteria for

disabilities as defined in IDEA. For example, frequent moves,

incarceration, substance abuse, etc.



The term shall not apply if a child's educational

performance is adversely affected primarily

because the child has an emotional

disturbance.

The team should rule out the presence of an emotional

disturbance. If the data the team collects matches the

indicators for emotional disturbance, the student should be

identified as a child with an emotional disturbance rather than

a child with autism.

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Prong 1: Does the child exhibit an exceptionality?

Indicators

For meeting this prong of eligibility, the team must consider information and have data to support at least 1 indicator from

each of the following categories:

1. Evidence



Records contain medical information which provides evidence of autism



Record review, interview, and/or observations indicate student’s skills in verbal and nonverbal communication and

social interaction are significantly different from peers



Record review, interview, and/or observations provide information which substantiates student characteristics

such as: engagement in repetitive activities and stereotyped movements; resistance to environmental change or

change in daily routines; and unusual responses to sensory experiences which are significantly different than

peers.



Measures

of the student’s communication and social skills indicate skill level is markedly below that of peers



Record review, interview and/or observations indicate concerns regarding the student’s communication and social

interaction skills were evident before age 3

2. Adverse effect



Record review, interview and/or observation indicate that the student’s condition adversely impacts his/her

educational performance



Progress monitoring data displayed on charts or graphs shows slow rate of growth in educational performance

despite provision of intense, explicit instructional interventions



Student progress monitoring data shows student’s educational performance is markedly below that of peers

Prong 2: Does the child need special education?

Indicators



Student progress monitoring data indicate intense or sustained resources needed in order for student to

demonstrate adequate progress



Despite modifications of instruction, curriculum, and environment, the student does not make sufficient progress

to meet age or state-approved grade-level standards in one or more areas



Student progress monitoring data show that the student’s behavior of concern is resistant to targeted

supplemental and intensive interventions to address communication, social interaction, and/or academic skills.



Student Progress monitoring data of increasingly customized and individually tailored instruction and intervention

indicate that the student needs specially designed instruction to access the general curriculum.



Despite implementation of intensive interventions, which include purposeful instructional design and delivery,

prioritized content, protected time and grouping, and performance monitoring, the student does not make

sufficient progress to meet age or state-approved grade-level standards in one or more areas.

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Developmental Delay (age 9 and younger)

KAR 91-40-1

(q) “Developmental delay” means such a deviation from average development in one or more of the following

developmental areas that special education and related services are required:

(A) Physical;

(B) cognitive;

(D) communication; or,

(E) social or emotional development

The deviation from average development shall be documented and measured by appropriate diagnostic instruments and

procedures.

Exclusionary Criteria:

A child must

NOT be determined to be a child with an exceptionality

if the determinant factor is:

Exclusionary Factor

How to Evaluate



Lack of appropriate instruction in reading,

including the essential components of reading

instruction (defined in section 1208(3) of the

ESEA(NCLB);

Evidence shows that the student’s previous reading instruction

and curriculum addressed phonemic awareness, phonics,

vocabulary development, reading fluency (including oral

reading skills), and reading comprehension strategies. This

evidence may come from

(a) an evaluation of the school’s basal

curriculum and supplemental materials, and (b) that the

student actually received instruction provided by highly

qualified teachers using appropriate basal curriculum and

supplemental materials.



Lack of appropriate instruction in math; or

Evidence shows that the student’s previous math instruction

and curriculum addressed math calculation, problem solving,

and conceptual understanding. This evidence may come from

(a) an evaluation of the school’s

basal curriculum and

supplemental materials, and (b) that the student actually

received instruction provided by highly qualified teachers using

appropriate basal curriculum and supplemental materials.



Limited English proficiency;

If the student being evaluated is an English Language Learner,

provide evidence that the student was provided with

appropriate accommodations and interventions to address it.

Consider things such as: proficiency in English and in the

student’s native language, amount of time in

the country, level

of education in the student’s native country, etc. Also consider

whether the student’s rate of learning is different from those of

similar language background and educational experience. If, in

spite of appropriate accommodations and interventions, the

student’s learning difficulties persist, this factor is ruled out.



and the child does not otherwise meet the

eligibility criteria as a child with an

exceptionality

Evidence shows that the student’s learning difficulties are not

due to factors other than those associated with the criteria for

disabilities as defined in IDEA. For example, frequent moves,

etc.

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Prong 1: Does the child exhibit an exceptionality?

Indicators

For meeting this prong of eligibility, the team must consider information and have data to support at least 1 indicator from

each of the three following categories:

1. Records indicate student is age 9 or under

2. Rate of skill acquisition as measured by progress monitoring is markedly different from peers



Progress monitoring data displayed on charts or graphs shows slow rate of growth in educational performance

despite provision of intense, explicit instructional interventions



Progress monitoring data displayed on charts or graphs shows student is a non-responder to increasingly intense

instructional interventions

3. Performance is significantly below developmental expectations in one or more developmental areas as measured by

appropriate diagnostic instruments and procedures.



Performance is significantly below developmental expectations on a criterion referenced instrument in one or

more developmental areas



Performance is significantly below normative sample on a standardized assessment in one or more developmental

areas



Record review, interview, and/or observations demonstrate significant deviation from average development in

one or more developmental areas



Student performance is significantly lower than peers on one or more benchmark assessments, curricular

objectives, or state assessments.

Prong 2: Does the child need special education?

Indicators



Student progress monitoring data indicates intense or sustained resources needed in order for student to:

physically negotiate and manipulate the environment, or

understand age appropriate information, reason, and solve problems, or

exhibit developmentally appropriate adaptive skills such as: self-care, home living, community use, self-

direction, health and safety, and functional academics, or

convey and comprehend communication and social intent, or

positively impact relationships with peers and adults, or

initiate, respond to, and maintain positive social relationships, or

meet behavioral expectations (e.g., following directions, rules, and routines)



Despite modifications of instruction, curriculum, and environment, the student does not make sufficient progress

to meet age or state-approved grade-level standards in one or more developmental areas.



Student progress monitoring data show that the student’s behavior of concern is resistant to targeted

supplemental and intensive interventions to address communication, social interaction, and/or academic skills.



Student progress monitoring data of increasingly customized and individually tailored instruction and intervention

indicate that the student needs specially designed instruction to access the general curriculum.



Despite implementation of intensive interventions, which include purposeful instructional design and delivery,

prioritized content, protected time and grouping, and performance monitoring, the student does not make

sufficient progress to meet age or state-approved grade-level standards in one or more areas.

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Emotional Disturbance

KAR 91-40-1

(v) “Emotional disturbance" means 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:

(1) An inability to learn that cannot be explained by intellectual, sensory, or health factors;

(2) an inability to build or maintain satisfactory interpersonal relationships with peers and teachers;

(3) inappropriate types of behavior or feelings under normal circumstances;

(4) a general pervasive mood of unhappiness or depression; or

(5) a tendency to develop physical symptoms or fears associated with personal or school problems.

The term includes schizophrenia, but shall not apply to children who are socially maladjusted, unless it is determined that they

have an emotional disturbance.

Exclusionary Criteria:

A child

must NOT be determined to be a child with an exceptionality

if the determinant factor is:

Exclusionary Factor

How to Evaluate



Lack of appropriate instruction in reading,

including the essential components of reading

instruction (defined in section 1208(3) of the

ESEA(NCLB);

Evidence shows that the student’s previous reading instruction

and curriculum addressed phonemic awareness, phonics,

vocabulary development, reading fluency (including oral

reading skills), and reading comprehension strategies. This

evidence may come from (a) an evaluation of the school’s basal

curriculum and supplemental materials, and (b) that the

student actually received instruction provided by highly

qualified teachers using appropriate basal curriculum and

supplemental materials.



Lack of appropriate instruction in math; or

Evidence shows that the student’s previous math instruction

and curriculum addressed math calculation, problem solving,

and conceptual understanding. This evidence may come from

(a) an evaluation of the school’s basal curriculum and

supplemental materials, and (b) that the student actually

received instruction provided by highly qualified teachers using

appropriate basal curriculum and supplemental materials.



Limited English proficiency;

If the student being evaluated is an English Language Learner,

provide evidence that the student was provided with

appropriate accommodations and interventions to address it.

Consider things such as: proficiency in English and in the

student’s native language, amount of time in the country, level

of education in the student’s native country, etc. Also consider

whether the student’s rate of learning is

different from those of

similar language background and educational experience. If, in

spite of appropriate accommodations and interventions, the

student’s learning difficulties persist, this factor is ruled out.



and the child does not otherwise meet the

eligibility criteria as a child with an

exceptionality

Evidence shows that the student’s learning difficulties are due

to factors other than those associated with the criteria for

disabilities as defined in IDEA. For example, frequent moves,

incarceration, substance abuse, etc.



The student may not be socially maladjusted,

unless it is determined that they also have an

emotional disturbance

Courts have interpreted social maladjustment to mean a

conduct disorder. Teams should review records to rule out that

the student has been identified as a student having a conduct

disorder, unless other evidence that the student also has an

emotional disturbance exists.

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Prong 1: Does the child exhibit an exceptionality?

Indicators

For meeting this prong of eligibility the team must consider information and have data to support at least 1 indicator from

each of the four following categories:

1. Characteristics of Emotional Disturbance



Record reviews, interviews, and/or observations indicate levels of physical symptoms or fears which are different

from peers and are correlated with school problems



Record reviews, interviews, and/or observations indicate student exhibits inappropriate behaviors or feelings

under normal circumstances



Record reviews, interviews, and/or observations indicate an inability to build or maintain satisfactory interpersonal

relationships with peers and teachers



Record reviews, interviews, and/or observations indicate a pervasive mood of unhappiness or depression

2. Evidence that characteristics have been exhibited over a long period of time

Record reviews, interviews, and/or observations indicate that emotional difficulties have been exhibited over a long period

of time

3. Evidence that characteristics are exhibited to marked degree

Assessments indicate behavioral and emotional characteristics are exhibited to a marked degree when compared to peers

4. Evidence that behavior adversely affects educational performance



Record reviews, interviews, and/or observations indicate that emotional characteristics are adversely affecting the

student’s educational performance



Record reviews, interviews, and/or observations indicate an inability to learn that cannot be explained by

intellectual, sensory, or health factors



Progress monitoring data displayed on charts or graphs shows slow rate of growth in educational performance

despite provision of intense, explicit instructional interventions



Progress monitoring data displayed on charts or graphs shows student is a non-responder to increasingly intense

instructional interventions

Other Supporting Information

Records document a DSM-IV diagnosis that substantiates one or more of the following: 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 and includes schizophrenia

Prong 2: Does the child need special education?

Indicators



Student progress monitoring data indicates intense or sustained resources needed in order for student to

demonstrate adequate progress



Despite modifications of instruction, curriculum, and environment, the student does not make sufficient progress

to meet age or state-approved grade-level standards in one or more areas



Modifications of instruction, curriculum, and the environment have not adequately addressed the behaviors,

feelings, relationships, moods, fears, or physical symptoms that adversely affect

the student’s educational

performance



Student progress monitoring data show that the student’s behavior of concern is resistant to targeted

supplemental and intensive interventions



Student progress monitoring data of increasingly customized and individually tailored instruction and intervention

indicate that the student needs specially designed instruction to access the general curriculum

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Gifted

KAR 91-40-1

(cc) "Gifted" means performing or demonstrating the potential for performing at significantly higher levels of

accomplishment in one or more academic fields due to intellectual ability, when compared to others of similar age,

experience and environment.

Prong 1: Does the child exhibit an exceptionality?

Indicators

For meeting this prong of eligibility the team must consider information and have data to support at least 1 indicator from

each of the three following categories:

1. Evidence of performing or demonstrating the potential for performing at significantly higher levels of accomplishment

in one or more academic fields



Record reviews, interviews, and/or observations indicate student demonstrates superior reasoning and problem

solving ability



Student progress monitoring indicates student’s skill level in one or more academic areas is much above that of

peers



GPA, classroom, portfolio, or rubrics indicate a significantly high level of intellectual ability and excellence in

academics



District, state, and national assessments indicate a significantly high level of intellectual ability and excellence in

academics



A rank of not less than the 95th percentile on national norms on a standardized, norm-referenced achievement

test in one or more of the academic fields (mathematics, language arts (including reading), science, and social

science), or evidence that such test scores do not adequately reflect the child's excellence in academics



College entrance exams indicate a significantly high level of intellectual ability and excellence in academics



Pre-tests consistently indicate student has already mastered end of unit/curricular objectives prior to instruction

2. Evidence of being due to intellectual ability



Record reviews, interviews, and/or observations indicate student shows persistent intellectual curiosity and asks

searching questions



Record reviews, interviews, and/or observations indicate student shows initiative and originality in intellectual

work



Ease of task completion indicates a significantly high level of intellectual ability and excellence in academics



Rate of acquisition and retention indicate a significantly high level of intellectual ability and excellence in

academics



Products from home or school indicate a significantly high level of intellectual ability and excellence in academics



A composite rank of not less than the 97th percentile on an individually administered, standardized, norm-

referenced test of intellectual ability, or evidence that the child's standardized, intelligence test score does not

adequately reflect the child's high intellectual potential

3. Evidenced that when compared to others of similar age, experience and environment



Multiple characteristics of giftedness exhibited when interventions provide adaptations, enrichment, or

acceleration



Persistence to task and generalization of knowledge gained indicate a remarkably high level of accomplishment



Coursework analysis indicates a significantly high level of intellectual ability and excellence in academics when

provided with interventions



Performance significantly higher than peers on one or more areas on benchmark assessments, curricular

objectives, or state assessments

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Prong 2: Does the child need special education?

Indicators



Student progress monitoring data indicates intense or sustained resources needed in order for student to

demonstrate appropriate progress:



Evidence of student’s mastery of successive levels of instructional objectives or course requirements indicates the

need for intensive adaptations or acceleration



Student progress monitoring data show that targeted supplemental interventions are insufficient for student to

demonstrate appropriate progress



Student progress monitoring data of increasingly customized and individually tailored instruction and intervention

indicate that the student needs specially designed instruction to access the general curriculum at appropriate levels of

instruction



Intensive changes or modifications needed in instruction, curriculum, grouping, assignments, etc. for student to

demonstrate appropriate progress



Evidence of student's frustration with enriched instructional environments indicates the need for intensive

adaptations or acceleration



General education interventions such as alternative course selections or cross-age grouping are insufficient to support

student progress

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Intellectual Disability

KAR 91-40-1

"Intellectual Disability" means significantly sub-average general intellectual functioning, existing concurrently with

deficits in adaptive behavior and manifested during the developmental period, which adversely affects a child’s

educational performance.

Exclusionary Criteria:

A child must NOT be determined to be a child with an exceptionality if the determinant factor is:

Exclusionary Factor

How to Evaluate



Lack of appropriate instruction in reading,

including the essential components of reading

instruction (defined in section 1208(3) of the

ESEA(NCLB);

Evidence shows that the student’s previous reading instruction

and curriculum addressed phonemic awareness, phonics,

vocabulary development, reading fluency (including oral reading

skills), and reading comprehension strategies. This evidence

may come from (a) an evaluation of the school’s basal

curriculum and supplemental materials, and (b) that the student

actually received instruction provided by highly qualified

teachers using appropriate basal curriculum and supplemental

materials.



Lack of appropriate instruction in math; or

Evidence shows that the student’s previous math instruction

and curriculum addressed math calculation, problem solving,

and conceptual understanding. This evidence may come from

(a) an evaluation of the school’s basal curriculum and

supplemental materials, and (b) that the student actually

received instruction provided by highly qualified teachers using

appropriate basal curriculum and supplemental materials.



Limited English proficiency; and

If the student being evaluated is an English Language Learner,

provide evidence that the student was provided with

appropriate accommodations and interventions to address it.

Consider things such as: proficiency in English and in the

student’s native language,

amount of time in the country, level

of education in the student’s native country, etc. Also consider

whether the student’s rate of learning is different from those of

similar language background and educational experience. If, in

spite of appropriate accommodations and interventions, the

student’s learning difficulties persist, this factor is ruled out.



the child does not otherwise meet the eligibility

criteria as a child with an exceptionality

Evidence shows that the student’s learning difficulties

are due

to factors other than those associated with the criteria for

disabilities as defined in IDEA. For example, frequent moves,

incarceration, substance abuse, etc.

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Prong 1: Does the student exhibit an exceptionality?

Indicators

For meeting this prong of eligibility, the team must consider information and have data to support at least 1 indicator from

each of the four following categories:

1. Information relating to sub-average general intellectual functioning



Student’s rate of learning, as measured by progress monitoring, is markedly different from peers



Student’s score is two or more standard deviations below the mean on an individually administered, standardized,

norm-referenced test of intellectual ability

2. Information related to deficits in adaptive behavior



Records, interviews, and/or observations indicate student exhibits deficits in adaptive skill areas



Measures of adaptive behavior skills indicate significant deficits in two or more areas

3. Information related to initial occurrence during the developmental period



Records and/or interviews indicate deficits in adaptive behavior and low intellectual functioning were manifested

during the developmental period



Records, interviews, and/or observations indicate adaptive behavior deficits have occurred over an extended

period of time

4. Evidence of Adverse Effects on Educational Performance



Records, interviews, and/or observations indicate child’s level of educational performance has been significantly

below age or state-approved grade level standards.



Student’s performance is significantly below age or state-approved

grade level standards when measured on

benchmark assessments, curricular objectives, or state assessments



Measures of academic achievement indicate significant delays across subject areas

Other Supporting Information

Records indicate a medical diagnosis of mental retardation

Prong 2: Does the child need special education?

Indicators



Despite modifications

in instruction, curriculum and environment, student’s rate of learning is significantly less

than peers



Despite modifications in instruction, curriculum and environment, student’s educational performance in various

age appropriate environments is significantly below age or state-approved grade level standards.



Despite modifications in instruction, curriculum and environment, student’s adaptive behavior skills in various age

appropriate environments is significantly delayed from peers



Despite modifications of instruction, curriculum, and environment, the student does not make sufficient progress

to meet age or state-approved grade-level standards across curricular areas



Student progress monitoring data show that the student’s behavior

of concern is resistant to targeted

supplemental and intensive interventions



Student progress monitoring data of increasingly customized and individually tailored instruction and intervention

indicate that the student needs specially designed instruction to access the general curriculum.



Despite implementation of intensive interventions, which include purposeful instructional design and delivery,

prioritized content, protected time and grouping, and performance monitoring, the student does not make

sufficient progress to meet age or state-approved grade-level standards in one or more areas.

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Learning Disability

KAR 91-40-1

(mmm) “Specific learning disability” means a disorder in one of more of the basic psychological processes involved

in understanding or using language, spoken or written, that may manifest itself in an imperfect ability to listen,

think, speak, read, write, spell, or to do mathematical calculations, including perceptual disabilities, brain injury,

minimal brain dysfunction, dyslexia, and developmental aphasia. The term shall not include learning problems that

are primarily the result of any of the following: (1) Visual, hearing, or motor, disabilities; (2) Intellectual Disability;

(3) emotional disturbance; or (4) environmental, cultural, or economic disadvantage.

KAR 91-40-11

(b)(1) A group evaluating a child for a specific learning disability may determine that the child has such a disability

only if the following conditions are met:

(A) The child does not achieve adequately for the child's age or meet state-approved grade-level standards, if any,

in one or more of the following areas, when the child is provided with learning experiences and instruction

appropriate for the child's age and grade level: (i) Oral expression; (ii) listening comprehension; (iii) written

expression; (iv) basic reading skill; (v) reading fluency skills; (vi) reading comprehension; (vii) mathematics

calculation; and (viii) mathematics problem solving; and

(B)(i) The child does not make sufficient progress to meet age or state-approved grade level standards in one of

more of the areas identified in paragraph (b)(1)(A) when using a process based on the child’s response to scientific,

research-based intervention; or (ii) the child exhibits a pattern of strengths and weaknesses in performance,

achievement, or both, relative to age, grade level standards, or intellectual development that is determined by the

group conducting the evaluation to be relevant to the identification of a specific learning disability, using

appropriate assessments.

Exclusionary Criteria:

A child

must NOT be determined to be a child with an exceptionality

if the determinant factor is:

Exclusionary Factor

How to Evaluate



Lack of appropriate instruction in reading,

including the essential components of reading

instruction (defined in section 1208(3) of the

ESEA(NCLB);

Evidence shows that the student’s previous reading instruction

and curriculum addressed phonemic awareness, phonics,

vocabulary development, reading fluency (including oral reading

skills), and reading comprehension strategies. This evidence

may come from (a) an evaluation of the school’s basal

curriculum and supplemental materials, and (b) that the student

actually received instruction provided by highly qualified

teachers using appropriate basal curriculum and supplemental

materials.



Lack of appropriate instruction in math; or

Evidence shows that the student’s previous math instruction

and curriculum addressed math calculation, problem solving,

and conceptual understanding. This evidence may come from

(a) an evaluation of the school’s basal curriculum and

supplemental materials, and (b) that the student actually

received instruction provided by highly qualified teachers using

appropriate basal curriculum and supplemental materials.



Limited English proficiency;

If the student being evaluated is an English Language Learner,

provide evidence that the student was provided with

appropriate accommodations and interventions to address it.

Consider things such as: proficiency in English and in the

student’s native language, amount of time in the country, level

of education in the student’s

native country, etc. Also consider

whether the student’s rate of learning is different from those of

similar language background and educational experience. If, in

spite of appropriate accommodations and interventions, the

student’s learning difficulties

persist, this factor is ruled out.



and the child does not otherwise meet the

eligibility criteria as a child with an

Evidence shows that the student’s learning difficulties are due

to factors other than those associated with the criteria for

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exceptionality

disabilities as defined in IDEA. For example, frequent moves,

incarceration, substance abuse, etc.

The determinant factor for why the child does not

achieve adequately for the child’s age or does not

make sufficient progress to meet age or State-

approved grade level standards, or exhibits a

pattern of strengths and weaknesses, is not

primarily the result of:



A visual, hearing or motor disability;



emotional disturbance;



cultural factors;



environmental or economic disadvantage;



limited English proficiency; or



intellectual disability

Evidence shows that student information does not match

indicators for visual, hearing, or motor disability, intellectual

disability, or emotional disturbance indicating the presence of

another disability is not the primary cause of learning problems.

However, it should be recognized that learning disabilities can

co-exist with other types of disabilities (i.e., co-morbidity).

If any other factors (cultural, environmental or economic

disadvantage, or limited English proficiency) are an issue for the

student being evaluated, provide evidence that the student was

provided with appropriate accommodations and interventions

to address them. If, in spite of appropriate accommodations

and interventions, the student’s learning difficulties persist,

these factors are ruled out as the primary cause.

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Prong 1: Does the student exhibit an exceptionality?

Indicators

For meeting this prong of eligibility, the team must consider information and have data to support at least 1 indicator from

each of the three following categories:

1. Observational Data

Observation in the student’s learning environment (which must include the general education classroom) provides

evidence of the student’s performance and behavior in the area of difficulty. *Note:

This is required for all evaluations of

students suspected of having a learning disability]

2. The child does not achieve adequately for the child's age or meet state-approved grade-level standards.



Measures of achievement in basic reading skills, reading fluency skills, and/or reading comprehension is

significantly below age or state-approved grade level standards



Measures of achievement in math calculation or math problem-solving are significantly below age or state-

approved grade level standards



Measures of achievement in written expression are significantly below age or state-approved grade level

standards



Measures of oral expression and/or listening comprehension indicate student performance is significantly below

age or state-approved grade level standards



Interviews indicate student demonstrates a high level of understanding during oral discussions but lacks mastery

of basic skills



Student performance is significantly below age or state-approved grade level standards on one or more

benchmark assessments, curricular objectives, or state assessments

3. Evidence of provision of learning experiences and instruction appropriate for the child's age and grade level.



Records of intervention indicate appropriate instructional decisions based on student data



Progress monitoring data displayed on charts or graphs show slow rate of growth in at least one achievement

domain despite provision of intense, explicit instructional interventions



Progress monitoring data displayed on charts or graphs show student is a non-responder to increasingly intense

instructional interventions.

Other Supporting Data

Record reviews shows DSM-IV diagnosis ( by clinical psychologist or other appropriately trained and qualified diagnostician)

of learning disability or previous identification as having a learning disability or other diagnosis of perceptual disabilities,

brain injury, minimal brain dysfunction, dyslexia, or developmental aphasia.

Prong 2: Does the child need special education?

Indicators



Student progress monitoring data indicates intense or sustained resources needed in order for student to

demonstrate adequate progress



Despite modifications of instruction, curriculum, and environment, the student does not make sufficient progress

to meet age or state-approved grade-level standards in one or more areas.



Despite modifications of instruction, curriculum, and environment, the student progress monitoring data shows

variability across academic performance areas



Student progress monitoring data

shows that the student’s behavior of concern is resistant to targeted

supplemental and intensive interventions



Student Progress monitoring data of increasingly customized and individually tailored instruction and intervention

indicate that the student needs specially designed instruction to access the general curriculum.



Despite implementation of intensive interventions, which include purposeful instructional design and delivery,

prioritized content, protected time and grouping, and performance monitoring, the student does not make

sufficient progress to meet age or state-approved grade-level standards in one or more areas.

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Multiple Disabilities

KAR 91-40-1

(pp) ) "Multiple disabilities" means coexisting impairments, the combination of which causes such severe

educational needs that those needs cannot be accommodated in special education programs solely for one of the

impairments. The term shall not include deaf-blindness.

Exclusionary Criteria:

A child must NOT be determined to be a child with an exceptionality if: the determinant factor is:

Exclusionary Factor

How to Evaluate



Lack of appropriate instruction in reading,

including the essential components of reading

instruction (defined in section 1208(3) of the

ESEA(NCLB);

Evidence shows that the student’s previous reading instruction

and curriculum addressed phonemic awareness, phonics,

vocabulary development, reading fluency (including oral

reading skills), and reading comprehension strategies. This

evidence may come from

(a) an evaluation of the school’s

basal curriculum and supplemental materials, and (b) that the

student actually received instruction provided by highly

qualified teachers using appropriate basal curriculum and

supplemental materials.



Lack of appropriate instruction in math; or

Evidence shows that the student’s previous math instruction

and curriculum addressed math calculation, problem solving,

and conceptual understanding. This evidence may come from

(a) an evaluation of the school’s basal curriculum and

supplemental materials, and (b) that the student actually

received instruction provided by highly qualified teachers

using appropriate basal curriculum and supplemental

materials.



Limited English proficiency;

If the student being evaluated is an English Language Learner,

provide evidence that the student was provided with

appropriate accommodations and interventions to address it.

Consider things such as: proficiency in English and in the

student’s native language,

amount of time in the country, level

of education in the student’s native country, etc. Also consider

whether the student’s rate of learning is different from those

of similar language background and educational experience. If,

in spite of appropriate accommodations and interventions, the

student’s learning difficulties persist, this factor is ruled out.



and the child does not otherwise meet the

eligibility criteria as a child with an

exceptionality

Evidence shows that the student’s learning difficulties are due

to factors other than those associated with the criteria for

disabilities as defined in IDEA. For example, frequent moves,

incarceration, substance abuse, etc.

The term shall not apply if a child's educational

performance is adversely affected primarily because the

child is a child with deaf-blindness

The team should rule out the presence of deaf-blindness. If

the data the team collects matches the indicators for deaf-

blindness, the student should be identified as a child with

deaf-blindness rather than a child with multiple disabilities.

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Prong 1: Does the student exhibit an exceptionality?

Indicators



Record review and/or Interviews indicate the presence of co-existing impairments



Measures of educational performance indicate the following:

the coexisting impairments are such that the student cannot be provided services appropriately in

classrooms solely for students with one of the impairments; or

the coexisting impairments are such that the student cannot be provided services appropriately in general

education classrooms without specific assistance, modifications, adaptations, or supports necessary to

accommodate the multiple impairments

Other supporting information:

Records contain medical information which provides evidence of multiple disabilities

Prong 2: Does the child need special education?

Indicators

For meeting this prong of eligibility, the team must consider information and have data to support at least 1 indicator from

both of the following categories:

1. Despite modifications in instruction, curriculum and environment, student’s rate of learning is significantly less than

peers



Despite modifications in instruction, curriculum, and environment, student’s educational performance in various

age appropriate environments is significantly delayed from peers



Despite modifications in instruction, curriculum, and environment, student’s adaptive

behavior skills in various

age appropriate environments is significantly delayed from peers



Despite modifications of instruction, curriculum, and environment, the student does not make sufficient progress

to meet age or state-approved grade-level standards across curricular areas



Student progress monitoring data of increasingly customized and individually tailored instruction and

intervention indicate that the student needs specially designed instruction to access the general curriculum.



Despite implementation of intensive interventions, which include purposeful instructional design and delivery,

prioritized content, protected time and grouping, and performance monitoring, the student does not make

sufficient progress to meet age or state-approved grade-level standards in one or more areas.

2. Student progress monitoring data indicate intense or sustained resources are needed to support interventions (e.g.,

specific assistance, modifications, adaptations, or other supports) necessary to accommodate student needs resulting

from coexisting impairments



Record review, interviews, and observations show that coexisting impairments adversely affect the child’s

participation and progress in the general curriculum or participation in age-appropriate activities



Information from multiple sources of data indicate that the student exhibits a combination of impairments which

causes such severe educational needs that they cannot be accommodated in special education programs solely

for one of the impairments

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Orthopedic Impairment

KAR 91-40-1

(tt) "Orthopedic impairment" means a severe orthopedic impairment that adversely affects a child’s educational

performance and includes impairments caused by any of the following: (1) congenital anomaly, such as clubfoot or

absence of a limb; 2) disease, such as poliomyelitis or bone tuberculosis; and 3) other causes, such as cerebral

palsy, amputation, and fractures or burns that cause contractures.

Exclusionary Criteria:

A child must NOT be determined to be a child with an exceptionality if the determinant factor is:

Exclusionary Factor

How to Evaluate



Lack of appropriate instruction in reading,

including the essential components of reading

instruction (defined in section 1208(3) of the

ESEA(NCLB);

Evidence shows that the student’s previous reading instruction

and curriculum addressed phonemic awareness, phonics,

vocabulary development, reading fluency (including oral

reading skills), and reading comprehension strategies. This

evidence may come from

(a) an evaluation of the school’s

basal curriculum and supplemental materials, and (b) that the

student actually received instruction provided by highly

qualified teachers using appropriate basal curriculum and

supplemental materials.



Lack of appropriate instruction in math; or

Evidence shows that the student’s previous math instruction

and curriculum addressed math calculation, problem solving,

and conceptual understanding. This evidence may come from

(a) an evaluation of the school’s basal curriculum and

supplemental materials, and (b) that the student actually

received instruction provided by highly qualified teachers

using appropriate basal curriculum and supplemental

materials.



Limited English proficiency;

If the student being evaluated is an English Language Learner,

provide evidence that the student was provided with

appropriate accommodations and interventions to address it.

Consider things such as: proficiency in English and in the

student’s native language,

amount of time in the country, level

of education in the student’s native country, etc. Also consider

whether the student’s rate of learning is different from those

of similar language background and educational experience. If,

in spite of appropriate accommodations and interventions, the

student’s learning difficulties persist, this factor is ruled out.



and the child does not otherwise meet the

eligibility criteria as a child with an

exceptionality

Evidence shows that the student’s learning difficulties

are due

to factors other than those associated with the criteria for

disabilities as defined in IDEA. For example, frequent moves,

incarceration, substance abuse, etc.

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Prong 1: Does the student exhibit an exceptionality?

Indicators

For meeting this prong of eligibility, the team must consider information and have data to support at least 1 indicator from

each of the following categories:

1. Records contain medical information which provides evidence of orthopedic impairment



Records contain information substantiating an impairment caused by: congenital anomaly, such as clubfoot or

absence of a limb; disease, such as poliomyelitis or bone tuberculosis; and, other causes such as cerebral palsy,

amputation, and fractures or burns that cause contractures



Records and/or interviews indicate a history of orthopedic impairment

2. Records, interviews, observations, and/or tests show that the student’s educational performance is much below that of

peers



Records, interviews, observations,

and/or tests show that the student’s orthopedic condition adversely impacts

his/her educational performance



Measures of motor skills indicate the student’s skills are much below that of peers



Progress monitoring data displayed on charts or graphs shows slow rate of growth in educational performance

despite provision of intense, explicit instructional interventions



-responder to increasingly intense

instructional interventions.

Prong 2: Does the child need special education?

Indicators



Despite modifications in instruction, curriculum, and environment, student’s rate of learning is significantly less

than peers



Despite modifications in instruction, curriculum, and environment, student’s educational performance in various

age appropriate environments is significantly delayed from peers



Despite modifications in instruction, curriculum, and environment, student’s adaptive

behavior skills in various age

appropriate environments is significantly delayed from peers



Despite modifications of instruction, curriculum, and environment, the student does not make sufficient progress

to meet age or state-approved grade-level standards across curricular areas



Student progress monitoring data show that the student’s behavior of concern is resistant to targeted

supplemental and intensive interventions



Student progress monitoring data of increasingly customized and individually tailored instruction and intervention

indicate that the student needs specially designed instruction to access the general curriculum.



prioritized content, protected time and grouping, and performance monitoring, the student does not make

sufficient progress to meet age or state-approved grade-level standards in one or more areas.

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Other Health Impairment

KAR 91-40-1

(uu) "Other health impairment" means having limited strength, vitality, or alertness, including a heightened

alertness to environmental stimuli, that results in limited alertness with respect to the educational environment

and that meets the following criteria: (1) is due to chronic or acute health problems, including asthma, attention

deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead

poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette syndrome; and 2) adversely affects

a child’s educational performance.

Exclusionary Criteria:

A child

must NOT be determined to be a child with an exceptionality

if the determinant factor is

Exclusionary Factor

How to Evaluate



Lack of appropriate instruction in reading,

including the essential components of reading

instruction (defined in section 1208(3) of the

ESEA(NCLB);

Evidence shows that the student’s previous reading instruction

and curriculum addressed phonemic awareness, phonics,

vocabulary development, reading fluency (including oral

reading skills), and reading comprehension strategies. This

evidence may come from

(a) an evaluation of the school’s

basal curriculum and supplemental materials, and (b) that the

student actually received instruction provided by highly

qualified teachers using appropriate basal curriculum and

supplemental materials.



Lack of appropriate instruction in math; or

Evidence shows that the student’s previous math instruction

and curriculum addressed math calculation, problem solving,

and conceptual understanding. This evidence may come from

(a) an evaluation of the school’s basal curriculum and

supplemental materials, and (b) that the student actually

received instruction provided by highly qualified teachers

using appropriate basal curriculum and supplemental

materials.



Limited English proficiency;

If the student being evaluated is an English Language Learner,

provide evidence that the student was provided with

appropriate accommodations and interventions to address it.

Consider things such as: proficiency in English and in the

student’s native language, amount of time in the country, level

of education in the student’s native country, etc. Also consider

whether the student’s rate of learning is different from those

of similar language background and educational experience. If,

in spite of appropriate accommodations and interventions, the

student’s

learning difficulties persist, this factor is ruled out.



and the child does not otherwise meet the

eligibility criteria as a child with an

exceptionality

Evidence shows that the student’s learning difficulties are due

to factors other than those associated with the criteria for

disabilities as defined in IDEA. For example, frequent moves,

incarceration, substance abuse, etc.

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Prong 1: Does the student exhibit an exceptionality?

Indicators

For meeting this prong of eligibility, the team must consider information and have data to support at least 1 indicator from

each of the following categories:

1. Records contain medical information which document chronic or acute health problems including: asthma; attention

deficit disorder or attention deficit hyperactivity disorder; diabetes; epilepsy; heart condition; hemophilia; lead poisoning;

leukemia; nephritis; rheumatic fever; sickle cell anemia; or Tourette syndrome.



Record review, interviews, observations, and/or tests show the student’s strength, vitality, or alertness is/are

significantly different from peers



Record review, interviews, observations, and/or tests show the student demonstrates limited alertness with

respect to the educational environment

2. Record review, interviews, observations, and/or tests show that the student’s condition adversely impacts his/her

educational performance



Record

review, interviews, observations, and/or tests show that the student’s educational performance is much

below that of peers



Progress monitoring data displayed on charts or graphs shows slow rate of growth in educational performance

despite provision of intense, explicit instructional interventions



-responder to increasingly intense

instructional interventions.

Prong 2: Does the child need special education?

Indicators



Despite modifications in instruction, curriculum, and environment, student’s rate of learning is significantly less

than peers



Despite modifications in instruction, curriculum, and environment, student’s educational performance in various

age appropriate environments is significantly delayed from peers



Providing modifications in instruction, curriculum, and environment does not alleviate adverse effects on student’s

educational performance due to differences in strength, vitality, or alertness



Despite modifications of instruction, curriculum, and environment, the student does not make sufficient progress

to meet age or state-approved grade-level standards across curricular areas



Student progress monitoring data show that the student’s behavior of concern

is resistant to targeted

supplemental and intensive interventions



Student progress monitoring data of increasingly customized and individually tailored instruction and intervention

indicate that the student needs specially designed instruction to access the general curriculum.



prioritized content, protected time and grouping, and performance monitoring, the student does not make

sufficient progress to meet age or state-approved grade-level standards in one or more areas.

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Sensory Impairments

KAR 91-40-1

(dd) "Hearing impairment" means an impairment in hearing, whether permanent or fluctuating, that adversely

affects a child’s educational performance but that does not constitute deafness as defined in this regulation.

(p) “Deafness” means a hearing impairment that is so severe that it impairs a child’s ability to process linguistic

information through hearing, with or without amplification, and adversely affects the child’s educational

performance.

(uuu) “Visual impairment” means an impairment in vision that, even with corrections, adversely affects a child’s

educational performance. The term includes both partial sight and blindness.

(g) “Blindness” means a visual impairment that requires dependence on tactile and auditory media for learning

(o) "Deaf-blindness" means the combination of hearing and visual impairments that causes such severe

communication and other developmental and educational needs that they cannot be accommodated in special

education programs solely for the hearing impaired or the visually impaired.

Hearing impairment, Deafness, Visual Impairment, Blindness

THE FOLLOWING EXCLUSIONARY CRITERIA APPLY TO HEARING IMPAIRMENT, DEAFNESS, VISUAL

IMPAIRMENT, BLINDNESS, AND DEAF-BLINDNESS

Exclusionary Criteria:

A child

must NOT be determined to be a child with an exceptionality

if the determinant factor is:

Exclusionary Factor

How to Evaluate



Lack of appropriate instruction in reading,

including the essential components of reading

instruction (defined in section 1208(3) of the

ESEA(NCLB);

Evidence shows that the student’s previous reading instruction

and curriculum addressed phonemic awareness, phonics,

vocabulary development, reading fluency (including oral

reading skills), and reading comprehension strategies. This

evidence may come from (a) an evaluation of the school’s

basal curriculum and supplemental materials, and (b) that the

student actually received instruction provided by highly

qualified teachers using appropriate basal curriculum and

supplemental materials.



Lack of appropriate instruction in math; or

Evidence shows that the student’s previous math instruction

and curriculum addressed math calculation, problem solving,

and conceptual understanding. This evidence may come from

(a) an evaluation of the school’s basal curriculum and

supplemental materials, and (b) that the student actually

received instruction provided by highly qualified teachers

using appropriate basal curriculum and supplemental

materials.



Limited English proficiency;

If the student being evaluated is an English Language Learner,

provide evidence that the student was provided with

appropriate accommodations and interventions to address it.

Consider things such as: proficiency in English and in the

student’s native language, amount of time in the country, level

of education in the student’s

native country, etc. Also consider

whether the student’s rate of learning is different from those

of similar language background and educational experience. If,

in spite of appropriate accommodations and interventions, the

student’s learning difficulties

persist, this factor is ruled out.



and the child does not otherwise meet the

eligibility criteria as a child with an

exceptionality

Evidence shows that the student’s learning difficulties are due

to factors other than those associated with the criteria for

disabilities as defined in IDEA. For example, frequent moves,

incarceration, substance abuse, etc.

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THE FOLLOWING INDICATORS APPLY TO HEARING IMPAIRMENT, DEAFNESS, VISUAL IMPAIRMENT, AND

BLINDNESS

Prong 1: Does the student exhibit an exceptionality?

Indicators

For meeting this prong of eligibility, the team must consider information and have data to support at least 1 indicator from

each of the following categories:

1. Records contain information which provides evidence of hearing impairment, deafness, or visual impairment



Measures of hearing indicate the following:

a 30dB (or greater) sensorineural or mixed hearing loss across speech frequencies in the better ear with

amplification

a 30dB (or greater) conductive hearing loss across speech frequencies in the better ear with amplification (will

require annual audiological evaluations to maintain deaf-blind certification)

a previous chronic condition exists which interferes with the auditory learning mode

congenital malformations of the auricle (e.g., absence of a pina or ear canal opening)



Measures of vision indicate the following:

Measured or estimated corrected visual acuity of 20/20 or less in the better eye

A previous chronic condition exists which interferes with the visual learning mode

Ocular motor (e.g., Muscle imbalance)

Anophthalmus (absence of actual eyeball)

Visual field of 40 degrees or less in the better eye



Hearing or vision losses are such that the student cannot be provided services appropriately in the general

education classroom without specific assistance, modifications, adaptations, or supports necessary to

accommodate the sensory loss



Testing indicates student is “functionally deaf”, “cortically deaf”, or has “central processing loss”-

the hearing

structures are present and working; however, the student does not attend, respond, localize, or process hearing to

receive information from the environment or accurately interpret information about the environment



Testing indicates student is “functionally blind” or “cortically visually impaired”-

the visual structures are present

and working; however, the student does not track, localize, or process vision to receive information from the

environment or accurately interpret information about the environment

2. Record review, interviews,

observations, and/or tests show that the student’s impairment adversely impact his/her

educational performance



Information from multiple sources of data indicates that the student exhibits a hearing impairment, whether

permanent of fluctuating,

that adversely affects a child’s educational performance



Information from multiple sources of data indicates that the student exhibits a hearing impairment that is so

severe that it impairs a child’s ability to process linguistic information through hearing,

with or without

amplification, and adversely affects the child’s educational performance



Information from multiple sources of data indicates that the student exhibits a visual impairment that, even with

correction, adversely affects a child’s educational

performance



Record review, interviews, observations, and/or tests show that the student’s educational performance is much

below that of peers



Progress monitoring data displayed on charts or graphs shows slow rate of growth in educational performance

despite provision of intense, explicit instructional interventions



Progress monitoring data displayed on charts or graphs shows student is a non-responder to increasingly intense

instructional interventions.

Other supporting information:

Records contain medical information which provides evidence of hearing impairment, deafness, or visual impairment

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Prong 2: Does the child need special education?

Indicators



Despite modifications in instruction, curriculum and environment, student’s rate of learning is significantly less

than peers



Despite modifications in instruction, curriculum and environment, student’s educational performance in various

age appropriate environments is significantly delayed from peers



Student progress monitoring data indicates intense or sustained resources (e.g. specific assistance, modifications,

adaptations, or supports necessary to accommodate the sensory loss) are needed in order for student to

demonstrate adequate progress



Despite modifications of instruction, curriculum, and environment, the student does not make sufficient progress

to meet age or state-approved grade-level standards across curricular areas



Student progress monitoring

data shows that the student’s behavior of concern is resistant to targeted

supplemental and intensive interventions



Student progress monitoring data results of increasingly customized and individually tailored instruction and

intervention indicate that the student needs specially designed instruction to access the general curriculum.



Despite implementation of intensive interventions, which include purposeful instructional design and delivery,

prioritized content, protected time and grouping, and performance monitoring, the student does not make

sufficient progress to meet age or state-approved grade-level standards in one or more areas.

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Deaf-Blindess

THE FOLLOWING INDICATORS APPLY TO DEAF-BLINDNESS

Prong 1: Does the student exhibit an exceptionality?

Indicators

For meeting this prong of eligibility, the team must consider information and have data to support at

least 1 indicator from each of the following 3 categories:

1. Measures of hearing indicate the following:



a 30db (or greater) sensorineural or mixed hearing loss across speech frequencies in the better ear

with amplification



a 30db (or greater) conductive hearing loss across speech frequencies in the better ear with

amplification (will require annual audiological evaluations to maintain deaf-blind certification)



a previous chronic condition exists which interferes with the auditory learning mode



Congenital malformations of the auricle (e.g., Absence of a pina or ear canal opening)



“Functionally deaf”, “cortically deaf”, or “central processing loss”-

the hearing structures are

present and working; however, the student does not attend, respond, localize, or process hearing

to receive information from the environment or accurately interpret information about the

environment

2. Measures of vision indicate the following:



Measured or estimated corrected visual acuity of 20/20 or less in the better eye



A previous chronic condition exists which interferes with the visual learning mode



Ocular motor (e.g., Muscle imbalance)



Anophthalmus (absence of actual eyeball)



Visual field of 40 degrees or less in the better eye



“Functionally blind” or “cortically visually impaired”-

the visual structures are present and working;

however, the student does not track, localize, or process vision to receive information from the

environment or accurately interpret information about the environment

3. Measures of educational performance indicate the following:



The combined vision and hearing losses are such that the student cannot be provided services

appropriately in classrooms solely for students with visual or hearing impairments; or



The combined vision and hearing losses are such that the student cannot be provided services

appropriately in general education classrooms without specific assistance, modifications,

adaptations, or supports necessary to accommodate both sensory losses

Other Supporting Information:

Records contain medication information which provides evidence of deaf-blindness

Prong 2: Does the child need special education?

Indicators

For meeting this prong of eligibility, the team must consider information and have data to support at least 1 indicator from

each of the following categories

1. Despite modifications in instruction,

curriculum, and environment, student’s educational performance in various age

appropriate environments is significantly delayed from peers



Student progress monitoring data indicates intense or sustained resources (e.g., specific assistance, modifications,

adaptations, or supports necessary to accommodate the sensory loss) are needed in order for student to

demonstrate adequate progress

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

Despite modifications of instruction, curriculum, and environment, the student does not make sufficient progress

to meet age or state-approved grade-level standards across curricular areas



Student progress monitoring data show that the student’s behavior of concern

is resistant to targeted

supplemental and intensive interventions



Student progress monitoring data of increasingly customized and individually tailored instruction and intervention

indicate that the student needs specially designed instruction to access the general curriculum.



Despite implementation of intensive interventions, which include purposeful instructional design and delivery,

prioritized content, protected time and grouping, and performance monitoring, the student does not make

sufficient progress to meet age or state-approved grade-level standards in one or more areas.



Student progress monitoring data indicate intense or sustained resources (e.g., specific assistance, modifications,

adaptations, or supports necessary to accommodate both sensory losses) are needed in order for student to

demonstrate adequate progress

2. Information from multiple sources of data indicate that the student exhibits a combination of hearing and visual

impairments which causes such severe communication and other developmental and educational needs that they cannot

be accommodated in special education programs solely for the hearing or visually impaired

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Speech or Language Impairment

KAR 91-40-1

(lll) "Speech or language impairment" means a communication disorder, including stuttering, impaired articulation,

a language impairment, or a voice impairment, that adversely affects a child’s educational performance.

Exclusionary Criteria:

A child

must NOT be determined to be a child with an exceptionality

if the determinant factor is:

Exclusionary Factor

How to Evaluate



Lack of appropriate instruction in reading,

including the essential components of reading

instruction (defined in section 1208(3) of the

ESEA(NCLB);

Evidence shows that the student’s previous reading instruction

and curriculum addressed phonemic awareness, phonics,

vocabulary development, reading fluency (including oral

reading skills), and reading comprehension strategies. This

evidence may come from

(a) an evaluation of the school’s basal

curriculum and supplemental materials, and (b) that the

student actually received instruction provided by highly

qualified teachers using appropriate basal curriculum and

supplemental materials.



Lack of appropriate instruction in math; or

Evidence shows that the student’s previous math instruction

and curriculum addressed math calculation, problem solving,

and conceptual understanding. This evidence may come from

(a) an evaluation of the school’s

basal curriculum and

supplemental materials, and (b) that the student actually

received instruction provided by highly qualified teachers using

appropriate basal curriculum and supplemental materials.



Limited English proficiency;

If the student being evaluated is an English Language Learner,

provide evidence that the student was provided with

appropriate accommodations and interventions to address it.

Consider things such as: proficiency in English and in the

student’s native language, amount of time in

the country, level

of education in the student’s native country, etc. Also consider

whether the student’s rate of learning is different from those of

similar language background and educational experience. If, in

spite of appropriate accommodations and interventions, the

student’s learning difficulties persist, this factor is ruled out.



and the child does not otherwise meet the

eligibility criteria as a child with an

exceptionality

Evidence shows that the student’s learning difficulties are due

to factors other than those associated with the criteria for

disabilities as defined in IDEA. For example, frequent moves,

incarceration, substance abuse, etc.

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Prong 1: Does the student exhibit an exceptionality?

Indicators

For meeting this prong of eligibility, the team must consider information and have data to support at least 1 indicator from

each of the following categories:

1. Record review, interview, observations, and/or assessments indicate student’s voice, fluency, speech sounds, or

language skills are not commensurate with age appropriate expectations



Record review, interview, observations, and/or assessments indicate student’s

communication skill level is much

below that of peers



Record review, interview, observations, and/or assessments indicate student’s communication skills have

impacted development in other areas, e.g., social-emotional, cognitive



Student performance significantly lower than peers on measures of language which are related to curricular

performance

2. Information from multiple sources of data indicates that the student exhibits stuttering, impaired articulation, a

language impairment, or a voice impairment that adversely affects educational performance



Record review, interview, observations, and/or assessments indicate student’s voice, fluency, speech sounds, or

language skills have an adverse effect on the student’s educational performance



Records and interviews indicate a history of academic difficulty relative to communication skills



Progress monitoring data displayed on charts or graphs shows slow rate of growth in educational performance

despite provision of intense, explicit instructional interventions



Progress monitoring data displayed on charts or graphs shows student is a non-responder to increasingly intense

instructional interventions.

Prong 2: Does the child need special education?

Indicators



Despite modifications in instruction, curriculum, and environment, student’s rate of learning is significantly less

than peers



Despite modifications in instruction, curriculum, and environment, student’s educational performance in various

age appropriate environments is significantly delayed from peers



Despite modifications of instruction, curriculum, and environment, the student does not make sufficient progress

to meet age or state-approved grade-level standards across curricular areas



Student progress

monitoring data show that the student’s behavior of concern is resistant to targeted

supplemental and intensive interventions



Student progress monitoring data of increasingly customized and individually tailored instruction and

intervention indicate that the student needs specially designed instruction to access the general curriculum.



Despite implementation of intensive interventions, which include purposeful instructional design and delivery,

prioritized content, protected time and grouping, and performance monitoring, the student does not make

sufficient progress to meet age or state-approved grade-level standards in one or more areas.

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Traumatic Brain Injury

KAR 91-40-1

(sss) "Traumatic brain injury" means 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 educational

performance. The term shall apply to open or closed head injuries resulting in impairments in one or more areas,

including the following: (1) cognition; (2) language; (3) memory; (4) attention; (5) reasoning; (6) abstract thinking;

(7) judgment; (8) problem-solving; (9) sensory, perceptual and motor abilities; (10) psychosocial behavior; (11)

physical functions; (12) information processing; and (13) speech. The term shall not include brain injuries that are

congenital or degenerative or that are induced by birth trauma.

Exclusionary Criteria:

A child

must NOT be determined to be a child with an exceptionality

if: the determinant factor is:

Exclusionary Factor

How to Evaluate



Lack of appropriate instruction in reading,

including the essential components of reading

instruction (defined in section 1208(3) of the

ESEA(NCLB);

Evidence shows that the student’s previous reading instruction

and curriculum addressed phonemic awareness, phonics,

vocabulary development, reading fluency (including oral

reading skills), and reading comprehension strategies. This

evidence may come from

(a) an evaluation of the school’s

basal curriculum and supplemental materials, and (b) that the

student actually received instruction provided by highly

qualified teachers using appropriate basal curriculum and

supplemental materials.



Lack of appropriate instruction in math; or

Evidence shows that the student’s previous math instruction

and curriculum addressed math calculation, problem solving,

and conceptual understanding. This evidence may come from

(a) an evaluation of the school’s basal curriculum and

supplemental materials, and (b) that the student actually

received instruction provided by highly qualified teachers

using appropriate basal curriculum and supplemental

materials.



Limited English proficiency;

If the student being evaluated is an English Language Learner,

provide evidence that the student was provided with

appropriate accommodations and interventions to address it.

Consider things such as: proficiency in English and in the

student’s native language,

amount of time in the country, level

of education in the student’s native country, etc. Also consider

whether the student’s rate of learning is different from those

of similar language background and educational experience. If,

in spite of appropriate accommodations and interventions, the

student’s learning difficulties persist, this factor is ruled out.



and the child does not otherwise meet the

eligibility criteria as a child with an

exceptionality

Evidence shows that the student’s learning difficulties

are due

to factors other than those associated with the criteria for

disabilities as defined in IDEA. For example, frequent moves,

incarceration, substance abuse, etc.

The term shall not include brain injuries that are

congenital or degenerative or that are induced by birth

trauma.

The term TBI is not used for a person who is born with a brain

injury. It also is not used for brain injuries that happen during

birth. Evidence is provided that the brain injury was sustained

after some period of normal development.

The term shall not include brain injuries that are the

result of brain tumors, brain infections, cerebral vascular

accident (strokes), or poisonings.

The term TBI is not used for a person who sustained a brain

injury as a result of a brain tumor, brain infection, cerebral

vascular accident (stroke), or poisoning. Evidence is provided

that the brain injury sustained was not caused by these

conditions. (Note: Students with these conditions may meet

eligibility requirements under the category of “Other Health

Impaired”.)

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Prong 1: Does the student exhibit an exceptionality?

Indicators

For meeting this prong of eligibility, the team must consider information and have data to support at least 1 indicator from

each of the following categories:

1. Record review, interview, observation, and/or tests indicates that the student has an acquired injury to the brain (applies

to both open or closed head injuries, including near drowning) caused by an external physical force that has resulted in

total or partial functional disability or psychosocial impairment, or both, that adversely affects educational performance



Record review, interviews, observations, and/or tests in one or more areas (cognition; language; memory;

attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, and motor abilities;

psychosocial behavior; physical functions; information processing; and speech) indicate student’s skill level is much

below that of peers



Record review and/or interview indicates the brain injury is not congenital or degenerative or induced by birth

trauma



Record review and/or interview indicate the brain injury is not the result of brain tumors, brain infections, cerebral

vascular accident (strokes), or poisonings.

2. Record review,

interview, observation, and/or tests indicate the injury adversely affects the student’s educational

performance



Progress monitoring data displayed on charts or graphs shows slow rate of growth in educational performance

despite provision of intense, explicit instructional interventions



Progress monitoring data displayed on charts or graphs shows student is a non-responder to increasingly intense

instructional interventions.

Other Supporting Information:

Records contain medical information which provides evidence of traumatic brain injury

Prong 2: Does the child need special education?

Indicators



Despite modifications in instruction, curriculum, and environment, student’s rate of learning is significantly less

than peers



Despite modifications in instruction, curriculum, and environment, student’s educational performance in various

age appropriate environments is significantly delayed from peers



Student progress monitoring data indicates intense or sustained resources are needed to support interventions

(e.g. specific assistance, modifications, adaptations, or other supports) necessary to accommodate the needs

resulting from the injury



Despite modifications of instruction, curriculum, and environment, the student does not make sufficient progress

to meet age or state-approved grade-level standards across curricular areas



Student progress monitoring data show that student’s behavior of concern is resistant to targeted supplemental

and intensive interventions



Despite implementation of intensive interventions, which include purposeful instructional design and delivery,

prioritized content, protected time and grouping, and performance monitoring, the student does not make

sufficient progress to meet age or state-approved grade-level standards in one or more areas.

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Reporting Requirements

When the initial evaluation and eligibility determination are completed, the evaluation team must prepare a

written evaluation/eligibility report. The report must include not only the evaluation results, but also document the

eligibility determination.

The

evaluation report serves as the documentation of the child’s eligibility. The evaluation report and the

documentation of eligibility must be provided, at no cost, to the parent (KAR 91-40-10(b); 34 CFR 300.306(a)(2)).

There are specific requirements for reporting the eligibility determination (KAR 91-40-10(a), (e); 34 CFR 300.311).

The report must include a statement of:

a) whether the child is a child with an exceptionality;

b) the basis for making the determination;

c) the relevant behavior noted during the observation of the child (and for LD the relationship of that

behavior to the child’s academic functioning); and

d) the educationally relevant medical findings, if any;

e) and for a child determined to have a learning disability, the report must also include documentation of the

following:

(i) the child does not achieve adequately for the child’s age or to meet State-approved

grade- level

standards when provided with learning experiences and instruction appropriate for the child’s age or State-

approved grade-level standards,

(ii) AND



the child does not make sufficient progress to meet age or State-approved grade-level standards

when using a process based on the child’s response to scientific, research-based

intervention;



the child exhibits a pattern of strengths and weaknesses in performance, achievement, or both,

relative to age, State-approved grade-level standards, or intellectual development.

(iii) The determinate factor for why the child does not achieve adequately for the child’s age or does not

make sufficient progress to meet age or State-approved grade level standards, or exhibits a pattern of

strengths and weaknesses, is not primarily the result of:



a visual, hearing or motor disability;



intellectual disability;



emotional disturbance;



cultural factors;



environmental or economic disadvantage; or



limited English proficiency.

(iv) If the child has participated in a process that assesses the child’s response to scientific, research-based

intervention, the report must also document



the instructional strategies used; and



the student-centered data collected.

Documentation that the child’s parents were notified about the process, including the following

information:



the State’s policies regarding the amount and nature of student performance

data that would be

collected and the general education services that would be provided;



strategies for increasing the child’s rate of learning; and



the parent’s right to request an evaluation (K.A.R. 91-40-10(e),

(f); K.A.R. 91-40-9(a)(2)(3); 34 C.F.R.

300.309(a)(3); 34 C.F.R. 300.311(a)).

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Evaluation/Eligibility Report Checklist

The written evaluation report must contain:

The determination of whether the child has an exceptionality (KAR 91-40-10(a)(1)(A))

The basis for making the determination (KAR 91-40-10(a)(1)(B))

Relevant behavior noted during the observation of the child (KAR 91-40-10(a)(1)(C))

The Relationship of that behavior to the child’s academic functioning (KAR 91-40-10(a)(1)(D))

Educationally relevant medical findings, if any (KAR 91-40-10(a)(1)(E))

Signatures of each team member indicating whether the report reflects their conclusion (KAR

91-40-10(a)(2))

If not, the team member(s) must submit a separate statement presenting their conclusion (KAR

91-40-10(a)(2))

If the child was identified with a specific learning disability (SLD) in addition to the above it must

also contain:

An assurance that the determination was made in accordance with applicable laws and

regulations (KAR 91-40-10(e)(2))

Documentation of whether the child:

does not achieve adequately for the child’s age or to meet state-approved

grade-level

standards (KAR 91-40-10(e)(5)(A))

does not make sufficient progress to meet age or state-approved standards

exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative

to age, state-approved grade level standards or intellectual development (KAR 91-40-

10(e)(5)(B))

Determination of the team concerning the effect of the following factors on the child’s

achievement: visual, hearing, or motor skills disability; mental retardation; emotional

disturbance; cultural factors; environmental or economic disadvantaged; or limited English

proficiency (KAR 91-40-10(e)(6))

If the child participated in a response to intervention (RtI) process the following items must be

included in addition to those listed above:

The instructional strategies used (KAR 91-40-10(f)(1))

The student-centered data collected (KAR 91-40-10(f)(1))

Documentation that parents were notified about:

The state’s policies

regarding the amount and nature of student performance data that would

be collected and the general education services that would be provided (KAR 91-40-10(f)(2)(A))

Strategies for increasing the child’s rate of learning (KAR 91-40-10(f)(2)(B))

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The parents’

right to request an evaluation (KAR 91-40-10(f)(2)(C))