1. 1-Cover_2008.pdf
      1. KANSAS
      2. SPECIAL EDUCATION
        1. HANDBOOK
    2. 2-Commissioner_letter.pdf
    3. 3-Director_Ltr_From_Colleen.pdf
    4. 4-2008_Introduction.pdf
    5. 5-2008_Table_of_Contents.pdf
      1. 2008 SPECIAL EDUCATION PROCESS HANDBOOK
        1. TABLE OF CONTENTS
          1. Letter from the Commissioner i
      2. CHAPTER 2 SCREENING AND GENERAL EDUCATION INTERVENTION (CHILD FIND)
      3. CHAPTER 3 INITIAL EVALUATION AND ELIGIBILITY
      4. CHAPTER 6 EDUCATIONAL PLACEMENT AND LEAST RESTRICTIVE ENVIRONMENT
      5. CHAPTER 7 REEVALUATION
      6. CHAPTER 8 DISCONTINUING SPECIAL EDUCATION SERVICES
      7. CHAPTER 9 CONFIDENTIALITY
      8. CHAPTER 11 FORMAL COMPLAINT
      9. CHAPTER 12 DUE PROCESS HEARINGS
      10. CHAPTER 13 SUSPENSION AND EXPULSION FOR DISCIPLINARY VIOLATIONS
      11. (CODE OF STUDENT CONDUCT AND WEAPONS, DRUGS,
      12. OR SERIOUS BODILY INJURY OPTION)
      13. CHAPTER 14 CHILDREN IN PRIVATE AND PAROCHIAL SCHOOLS
    6. 6-2008_Appendices.pdf
    7. 7-Sped_Flow_Chart.pdf
    8. PH-ch1-Parent_Rights.pdf
    9. PH-ch2-Screening.pdf
      1. INTRODUCTION
    10. PH-ch3-Initial_Evaluation.pdf
    11. PH-ch4-IEP.pdf
    12. PH-ch5-Special_Education.pdf
      1. Paraeducators working under the supervision of licensed speech-language pathologists, occupational therapists, and physical therapists must meet additional requirements for training and supervision. Each professional's licensing body maintains strict standards for assistants, which if not followed result in the loss of the professional's license. The Kansas Department of Health and Environment, Health Occupations Credentialing Section, may be contacted for current State regulations for speech language pathologists (785-296-0061). State regulations for occupational therapists and physical therapists may be obtained from the Kansas State Board of Healing Arts (785-296-7413).
      2. 4. Interpreting Services
        1. K.A.R. 91-40-5 FAPE for detained or incarcerated children with disabilities.
        2. J. FACILITIES
    13. PH-ch6-Educational_Placement-LRE.pdf
    14. PH-ch7-Reevaluation.pdf
      1. GRIOT offers a framework in which to organize and structure data collection. It is not that any data source or assessment procedure is inherently good or bad. All procedures and tools are appropriate as long as they are selected thoughtfully and for the appropriate purposes. A team will not necessarily use all data sources every time an evaluation is conducted, but it does mean that thoughtful planning will need to be given for each child to ensure that the team is collecting the appropriate data using the appropriate tools to ensure the correct information to make the continued eligibility determination.
    15. PH-ch8-Discontinuing_Services.pdf
    16. PH-ch9-Confidentiality.pdf
      1. F. DESTRUCTION OF RECORDS
      2. I. DISCIPLINE RECORDS
    17. PH-ch10-Mediation.pdf
    18. PH-ch11-Formal_Complaint.pdf
    19. PH-ch12-Due_Process.pdf
    20. PH-ch13-Disciplinary_Violations.pdf
      1. K.S.A. 72-991a
      2. 1. Manifestation Determination
      3. 2. Determination Behavior WAS a Manifestation of the Disability
      4. 3. Determination Behavior WAS NOT a Manifestation of the Disability
        1. State Statute:
        2. K.S.A. 72-991(a) School personnel may order a change in the placement of a child with a disability:
      5. 2. Placement During Expedited Due Process Hearing
        1. 3. Expedited Due Process Hearings
    21. PH-ch14-Private-Parochial_Schools.pdf
      1. CHAPTER 14
      2. CHILDREN IN PRIVATE AND PAROCHIAL SCHOOLS
        1. INTRODUCTION
          1. A. CHILDREN PLACED IN PRIVATE SCHOOLS BY THE PUBLIC SCHOOL
    22. Apdx-A-1-1_Clarification_of_term_parent.pdf
    23. Apdx-A-1-3_Parents_Rights.pdf
    24. Apdx-A-1-4_Reasonable_time_memo_1-2002.pdf
    25. Apdx-A-1-5a_Prior_Written_Notice_Evaluation_form.pdf
      1. PRIOR WRITTEN NOTICE FOR EVALUATION OR REEVALUATION
      2. AND REQUEST FOR CONSENT
        1. CONSENT FOR SPECIAL EDUCATION ACTION
    26. Apdx-A-1-5b_Initial_Evaluation_Request_form.pdf
      1. PRIOR WRITTEN NOTICE FOR INITIAL EVALUATION
      2. AND REQUEST FOR CONSENT
        1. CONSENT FOR SPECIAL EDUCATION ACTION
    27. Apdx-A-1-5c_ReEvaluation_Request_form.pdf
      1. PRIOR WRITTEN NOTICE FOR REEVALUATION
      2. AND REQUEST FOR CONSENT
        1. CONSENT FOR SPECIAL EDUCATION ACTION
    28. Apdx-A-1-6_Prior_Written_Notice_Identification_form.pdf
      1. PRIOR WRITTEN NOTICE
      2. for
        1. CHANGE IN PLACEMENT, AND
        2. REQUEST FOR CONSENT
        3. PROCEDURAL SAFEGUARDS TO PROTECT PARENT’S RIGHTS
      3. REQUEST FOR CONSENT FOR SPECIAL EDUCATION ACTION
    29. Apdx-A-1-7_Notice_of_Meeting.pdf
      1. NOTICE OF MEETING
      2. 2007-2008
        1. Date:__________________________________
    30. Apdx-A-2-1_Sample_Public_Notice.pdf
      1. From: LEA
      2. Re: Special education child find
    31. Apdx-A-2-2_GEI_Development_Document.pdf
    32. Apdx-A-2-3_Kansas_Policy_Statement_on_MTSS.pdf
    33. Apdx-A-3-3_Notice_That_No_Additional_Data_Needed.pdf
    34. Apdx-A-3-4_Elig_Indicators_2007_Final_Draft.pdf
      1. Eligibility Indicators
    35. Apdx-A-3-5_Evaluation_Report_Checklist_06-21-07.pdf
    36. Apdx-A-4-1a_Regular_Education_Preschool_Teacher-Phoebe.pdf
    37. Apdx-A-4-1b_Chart_Reg_Ed_Preschool-Phoebe.pdf
    38. Apdx-A-4-2_Comparison_IFSP-IEP_and_Consent.pdf
    39. Apdx-A-4-3_Excusal_From_Attendance_IEP.pdf
    40. Apdx-A-4-4_IEP_Team_Considerations_6-5-07.pdf
    41. Apdx-A-4-5_Consent_for_Noneducational_Agency.pdf
    42. Apdx-A-4-6_IEP_Meeting_Requirements_6-4-07.pdf
    43. Apdx-A-4-7_IEP_Checklist_12-20-07.pdf
    44. Apdx-A-5-1_Assistive_Technology_Checklist.pdf
    45. Apdx-A-5-2_ESY_Determination_Documentation_Oct-04.pdf
    46. Apdx-A-6-1_LRE_Decision_Tree_6-4-07.pdf
    47. Apdx-A-6-2_LRE_Decision_Tree_Support_6-4-07.pdf
    48. Apdx-A-6-3_LRE_Memorandum_of_Clarification.pdf
    49. Apdx-A-6-4_KSD_KSB_Policy_11-07.pdf
    50. Apdx-A-7-1_No_Reevaluation.pdf
    51. Apdx-A-8-1_Letter_to_Runkel.pdf
    52. Apdx-A-8-2_Summary_of_Performance_Examples.pdf
    53. Apdx-A-9-2_Sample_Release_of_Records.pdf
    54. Apdx-A-9-3_Sample_Log_for_Accessing_Records.pdf
    55. Apdx-A-9-4_Sample_List_of_Employees_Who_Can_Access_Records.pdf
    56. Apdx-A-9-6_LEA_Provider_for_Medicaid.pdf
    57. Apdx-A-10-1_Special_Education_Mediation_Process.pdf
    58. Apdx-A-10-2_Request_For_Mediation.pdf
    59. Apdx-A-10-3_Agreement_to_Mediate.pdf
    60. Apdx-A-10-4_Confidentiality_Pledge.pdf
    61. Apdx-A-10-5_Suggested_Mediation_Process_Timeline.pdf
    62. Apdx-A-10-6_Rules_of_Mediation.pdf
    63. Apdx-A-11-1_Formal_Complaint_Procedure.pdf
    64. Apdx-A-11-2_Formal_Complaint_Timeline.pdf
    65. Apdx-A-11-3_Formal_Complaint_Request_Form.pdf
    66. Apdx-A-12-1_Due_Process_Timeline.pdf
    67. Apdx-A-12-2_Due_Process-District.pdf
    68. Apdx-A-12-3_Due_Process-Parent.pdf
    69. Apdx-A-12-4_Hearing_Officer_Timelines.pdf
    70. Apdx-A-13-2_Letter_to_Huefner_47IDELR228.pdf
    71. Apdx-A-13-3_Seclusion_Restraint_Regulations.pdf
      1. (b) Any child with a disability should be placed in a seclusion room only if this action is specified in the student's IEP or behavior intervention plan (BIP) or if the behavior of the student presents an imminent risk of harm.
    72. Apdx-A-13-4_Expedited_Due_Process-District.pdf
    73. Apdx-A-13-5_Expedited_Due_Process-Parent.pdf
    74. Apdx-A-13-6b_Functional_Behavior_Assessment_Flow_Chart.pdf
    75. Apdx-A-13-7_Manifestation_Determination_Review.pdf
    76. Apdx-C-idea04finreg.pdf
    77. Apdx-D-KsSpedStatutes06.pdf
    78. Apdx-H_Other_Resources.pdf
    79. Apdx-I_Index_Process Handbook.pdf
    80. Apdx-J_Index_Kansas_2008_Special_Ed_Statutes_Regulations.pdf

 
KANSAS
SPECIAL EDUCATION
PROCESS
HANDBOOK
Special Education Services
February 2008

This document was developed by the Kansas State Department of Education, Special Education Services, Topeka, Kansas.
The opinions expressed herein do not necessarily reflect the position of the United States Department of Education, and no
endorsement of the United States Department of Education should be inferred.
This document is provided as a guide for the provision of special education and related services. If any portion of this
document conflicts with law or regulation, the law or regulation takes precedence.
Please contact our department if you have questions about information contained within this handbook:
Phone:
800-203-9462, or 785-296-3869
Fax:
785-296-6715
Homepage:
http://www.kansped.org
If additional copies are needed, readers are encouraged to duplicate current copies of the handbook, as there is no copyright
on the information. Or, readers may download the handbook from the web by accessing the homepage listed above. The
format of the handbook may be slightly different on the version that is downloaded.
The (KSDE, or KSSB, or KSSD) 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
785-296-3204

 
Office
785-296-3202
of the Commissioner
785-291-3791 (fax)
120 SE 10th Avenue
Topeka, KS 66612-1182 785-296-6338 (TTY) www.ksde.org
January 2, 2008
Dear Partners in Education:
It has been a little over three decades since the initial federal legislation –P.L. 94-142—
was put in place to ensure that the exceptional educational needs of children and youth
with disabilities are identified and services are provided. In our continuing efforts to
assist you in meeting both federal and state requirements, the Kansas Department of
Education, and specifically the Special Education services team, is please to provide
you with this copy of the Special Education Process Handbook.
Each of you should be congratulated for your commitment and dedication of our
students. By working together, we have ensured the academic and behavioral success
of each and every child. As parents, you can feel confident that your children are being
provided the education they deserve and are entitled to.
Being in the 21
st
century, we will all face challenges as we prepare students for jobs that
may not yet exist and provide instruction in courses that have yet to be determined. I
hope this handbook is useful to you in meeting these challenges, and that it provides a
framework for developing and providing effective services.
Please call upon our staff in Special Education for any assistance you may need or in
answering any questions you may have by calling (785) 291-3097 or (800) 203-9462.
Once again, thank you for your part in making Kansas’ special educational programs a
model for the nation.
Sincerely,
Alexa Posny, Ph.D.
Commissioner of Education

 
Special
785-291-3097 or 1
Education
-800-203-9462
Services
785-296-6715 (fax)
120 SE 10th Avenue
Topeka, KS 66612-1182 785-296-6338 (TTY) www.ksde.org
February 1, 2008
Dear Colleagues:
It is my pleasure to present to you the Revised Kansas Special Education
Process Handbook based on the components of the 2004 Individuals
with Disabilities Education Improvement Act (IDEA 2004). The
purpose of this handbook is to provide clear, concise guidance in your
work as professional educators in order to ensure students with
exceptionalities receive appropriate special education supports and
services.
In addition to guidance regarding IDEA 2004 and Kansas Regulations,
sample forms and resources are included for your use.
The collaborative effort of those who worked diligently on the revision
of this handbook researching, debating and editing over many months is
greatly appreciated. I am fortunate to have the opportunity to work with
so many dedicated individuals and applaud their efforts to compile such
a thoughtful resource for all of us to use.
Thanks to all of you for what you do to support the education of all
students in Kansas Schools.
Sincerely,
Colleen Riley, Director

 
INTRODUCTION
“As special education administrators we are responsible for creating a vision that will impact all
students positively and produce excellent outcomes in achievement and behavior.”
Dr. Mary Kealy,
Legislation and Policy Chair, CASE
The reauthorization of the Individuals with Disabilities Education Act of 2004 (IDEA 2004) and the updating of
the Kansas State Regulations in 2008, continues the commitment of the nation to ensure that all students,
including those with disabilities, have access to a free appropriate public education (FAPE), will be included in
the general education curriculum and will demonstrate improved educational outcomes.
The Kansas Special Education for Exceptional Children Act expands federal law and regulations to include
children who are identified as gifted and provides an opportunity for children enrolled in private schools by
their parents to receive FAPE. The Kansas State Department of Education (KSDE) is required to provide
information regarding any rules, regulations and policies not required by IDEA 2004 or Federal Regulations.
The
2008 Kansas Special Education Process Handbook
was developed to provide guidance, resources and
supports necessary for those professionals who work to improve results for exceptional children. The
information provided in the
2008 Kansas Special Education Process Handbook
attempts to clarify and define
legal requirements of the law and regulations. Each chapter includes a brief overview specifying requirements
that are particular to Kansas. In addition, each chapter and the Appendices include valuable resources,
sample forms and references. Users of the
2008 Kansas Special Education Process Handbook
are
encouraged to update any future documents which provide clarification to the law and regulations by KSDE or
the Office of Special Education Programs (OSEP).
Additional information can be found at
idea.ed.gov
and
ksde.org
February 2008
iii
Kansas Special Education Process Handbook

State Imposed Rules, Regulations, and Policies in Kansas Not Required
By IDEA 2004 or Federal Regulations
9
The categories of exceptionalities include the category of “gifted.” K.S.A. 72-962(g)
9
Exceptional children attending private schools are entitled to a Free Appropriate Public Education
through an IEP, upon request. K.S.A. 72-5393 and K.A.R. 91-40-45(c).
9
A school district must obtain written parental consent before making a change of 25% or more of a
special education service or before making a change to a more restrictive or less restrictive
educational environment for more than 25% of the school day. K.S.A. 72-988(b)(6).
9
Each IEP must include, beginning at age 14, appropriate measurable postsecondary goals and a
statement of the transition services needed to assist the student in reaching the postsecondary goals.
K.S.A. 72-987(c)(8).
9
The state complaint procedures include the right of a parent to appeal the written decision of the state
complaint investigator. K.A.R. 91-40-51(c).
9
A due process hearing officer must be a licensed attorney. K.A.R. 91-40-29(b)(1)(a)
9
General education interventions must be implemented prior to referring a child for a special education
evaluation, unless school personnel can demonstrate such interventions are inadequate to address
the areas of concern for the child or a parent has consented to an evaluation and the school district
agrees that an evaluation is appropriate. K.A.R. 91-40-7(c)(2).
9
A written evaluation report is required after completion of an evaluation with regard to all categories of
exceptionality (not just required for learning disabilities). K.A.R. 91-40-10(a).
9
Facilities for exceptional children must be comparable to facilities for general education children and
such facilities must provide an age appropriate environment for the exceptional children. K.A.R. 91-
40-52(d).
February 2008
iv
Kansas Special Education Process Handbook

ACKNOWLEDGEMENTS
Special Education Services wishes to thank the KASEA Organization and the Regional Representatives that
participated in the review and revisions of the 2008 Kansas Special Education Process Handbook.
Additionally, representatives from Families Together, Inc., the Kansas Technical Assistance and Resource
System (KSTARS) and KSDE participated in the review and revisions.
Special Education Services is grateful to the following people who spent valuable time reviewing and providing
input into the Special Education Process Handbook:
Lynn Ahrens, Liberal, KASEA Region 7
Evelyn Alden, KSDE, SES
Brenda Asher, Salina, KASEA Region 8
Lori Burnshire, Families Together, Inc.
Kevin Cherveny, KSDE, SES
Crystal Davis, SPOT Grant, KSTARS
Kevin Davis, SPOT Grant, KSTARS
Lesli Girard, Families Together, Inc.
Kyle Goodwin, Shawnee Heights, KASEA Region 2
Misty Goosen, Kansas Inservice Training System, KSTARS
Patty Gray, KSDE, SES
Linda Grote, Hutchinson, KASEA Region 6
Kerry Haag, KSDE, SES
Victoria Hart, KSDE, SES
Mark Hartke, Wichita, KASEA Region 6
Jodi Henderson, Spring Hill, School Psychologist
Pauline Hintz, Paola, KASEA Region 4
Sharon Jeffery, McPherson, KASEA Region 6
Joan Johnson, Shawnee Mission, KASEA Region 1
Ed Koehler, Clay Center, KASEA Region 8
Deb McVey, SPOT Grant, KSTARS
Steve Mead, Pratt, KASEA Region 6
David Myers, Leavenworth, KASEA Region 3
Erica Nance, Goddard, KASEA Region 6
Chelie Nelson, Newton, KASEA Region 6
Donna Patton-Bryant, Lawrence, KASEA Region 1
Pennie Province, Ft. Scott, KASEA Region 5
Colleen Riley, KSDE, SES
Joan Robbins, Spring Hill, KASEA Region 1
Nancy Sapp, Ensign, KASEA Region 7
Sheila Smith, Oskaloosa, KASEA Region 3
Carol Stewart, IDMSS Grant, KSTARS
Mark Ward, KSDE, SES
Robert Wittman, Topeka, KASEA Region 2
February 2008
v
Kansas Special Education Process Handbook

 
2008 SPECIAL EDUCATION PROCESS HANDBOOK
TABLE OF CONTENTS
Letter from the Commissioner............................................................................................................ i
Letter from the Director, Special Education Services........................................................................ ii
Introduction.......................................................................................................................................iii
Table of Contents ............................................................................................................................ vi
Appendices....................................................................................................................................... x
Special Education Process Flow Chart...........................................................................................xiii
CHAPTER 1. PARENT RIGHTS IN SPECIAL EDUCATION (PROCEDURAL SAFEGUARDS)
A. Parent Participation............................................................................................................ 1 - 2
B. Definition of Parent............................................................................................................. 1 - 4
C. Parent Rights in Special Education Notice ......................................................................... 1 - 6
D. Prior Written Notice ............................................................................................................ 1 - 7
E. Parent Consent .................................................................................................................. 1 - 9
F. Parent Consent Requested but Not Provided .................................................................... 1 - 13
G. Notice of IEP Meeting......................................................................................................... 1 - 14
H. Rights for Parents of Gifted Students................................................................................. 1 - 15
I. Education Advocates ......................................................................................................... 1 - 16
J. Student Rights at Age 18 ................................................................................................... 1 - 18
CHAPTER 2
SCREENING AND GENERAL EDUCATION INTERVENTION (CHILD FIND)
A. Public Notice For Child Find................................................................................................2 - 2
B. Screening for Children from Birth to Age 5..........................................................................2 - 2
C. General Education Intervention for Children from Kindergarten through Age 21.................2 - 3
D. Data Collection and Documentation for General Education Intervention.............................2 - 7
E. Referral For Initial Evaluation ..............................................................................................2 - 8
F. Early Intervening Services...................................................................................................2 - 9
CHAPTER 3
INITIAL EVALUATION AND ELIGIBILITY
A. Referral for Initial Evaluation ............................................................................................. 3 - 3
B. Prior Written Notice and Request for Consent .................................................................. 3 - 3
C. The Evaluation Team ......................................................................................................... 3 - 9
D. Timeline for Conducting the Initial Evaluation ................................................................... 3 - 10
E. Conducting the Evaluation ..................................................................................................3 - 12
F. Eligibility Determination and Documentation ...................................................................... 3 - 18
G. Prior Written Notice for Identification.................................................................................. 3 - 23
H. Independent Educational Evaluation.................................................................................. 3 - 23
February 2008
vi
Kansas Special Education Process Handbook

 
CHAPTER 4
THE INDIVIDUALIZED EDUCATION PROGRAM (IEP)
A IEP Team ........................................................................................................................... 4 - 1
B. Notice of IEP Team Meeting .............................................................................................. 4 - 7
C. Using An IEP Instead of An IEP………………………………………………………………… 4 - 9
C. When the IEP/IFSP Must Be in Effect ................................................................................ 4 - 10
D. Development of the IEP ..................................................................................................... 4 - 12
E. Meeting to Review, Revise or Amend the IEP.................................................................... 4 - 29
F. Transfer Within The State or From Out-Of-State................................................................ 4 - 31
G. Implementing the IEP......................................................................................................... 4 - 32
CHAPTER 5
SPECIAL EDUCATION AND RELATED SERVICES
A. Special Education Services................................................................................................ 5 - 1
B. Related Services ................................................................................................................ 5 - 5
C. Supplementary Aids and Services ..................................................................................... 5 - 9
D. Program Modifications and Supports for School Personnel ............................................... 5 - 11
E. Incidental Benefit................................................................................................................ 5 - 12
F. Extended School Year/Day Services.................................................................................. 5 - 12
G. Frequency, Location and Duration of Services................................................................... 5 - 13
H. Home Schooling................................................................................................................. 5 - 14
I.
Services in Local Detention Facilities, Juvenile Justice Authority and Department of
Correction Facilities……………………………………………………………………………… 5 - 15
J. Facilities ............................................................................................................................. 5 - 16
K. Qualified Special Education Personnel .............................................................................. 5 - 16
CHAPTER 6
EDUCATIONAL PLACEMENT AND LEAST RESTRICTIVE ENVIRONMENT
A. Parent Participation............................................................................................................ 6 - 1
B. Determining Educational Placement .................................................................................. 6 - 3
C. Least Restrictive Environment............................................................................................ 6 - 5
D. Early Childhood Least Restrictive Environment ................................................................. 6 - 9
E. Recent Case Law............................................................................................................... 6 - 10
CHAPTER 7
REEVALUATION
A. Purpose of the Reevaluation .............................................................................................. 7 - 1
B. Need for the Reevaluation.................................................................................................. 7 - 2
C. Prior Written Notice and Request for Consent ................................................................... 7 - 3
D. Members of the Reevaluation Team .................................................................................. 7 - 7
E. Conducting the Reevaluation ............................................................................................. 7 - 7
F. Determining Continued Eligibility........................................................................................ 7 - 12
G. Reevaluation for A Child Identified as Developmentally Delayed....................................... 7 - 13
February 2008
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Kansas Special Education Process Handbook

 
CHAPTER 8
DISCONTINUING SPECIAL EDUCATION SERVICES
A. No Longer Eligible for Services .......................................................................................... 8 - 1
B. Graduation ......................................................................................................................... 8 - 1
C. Services to Age 21 ............................................................................................................. 8 - 2
D. Summary of Performance .................................................................................................. 8 - 3
E. Revocation of Consent for Special Education Services...................................................... 8 - 4
F. Student Drops Out of School.............................................................................................. 8 - 5
G. Prior Written Notice and Request for Consent ................................................................... 8 - 5
CHAPTER 9
CONFIDENTIALITY
A. Federal and State Requirements ....................................................................................... 9 - 1
B. Access to Records ............................................................................................................. 9 - 3
C. Transfer of Records ........................................................................................................... 9 - 5
D. Release of Information ....................................................................................................... 9 - 6
E. Amendment of Records...................................................................................................... 9 - 8
F. Destruction of Records....................................................................................................... 9 - 8
G. Age of Majority ................................................................................................................... 9 - 9
H. Test Protocols .................................................................................................................... 9 - 9
I. Discipline Records ............................................................................................................. 9 - 10
J. Child in Need of Care......................................................................................................... 9 - 11
CHAPTER 10 MEDIATION
A. Mediation Process.............................................................................................................10 - 1
B. Mediation Requests ..........................................................................................................10 - 2
C. Mediation Participants.......................................................................................................10 - 3
D. Special Education Mediators.............................................................................................10 - 3
E. Mediation Results..............................................................................................................10 - 4
CHAPTER 11 FORMAL COMPLAINT
A. Filing a Formal Complaint..................................................................................................11 - 1
B. Investigating the Complaint ...............................................................................................11 - 2
C. Follow-Up on the Complaint ..............................................................................................11 - 3
D. Appealing the Decision......................................................................................................11 - 3
E. Sanctions by the State Board of Education .......................................................................11 - 3
February 2008
viii
Kansas Special Education Process Handbook

 
CHAPTER 12 DUE PROCESS HEARINGS
A. Filing for Due Process .......................................................................................................12 - 2
B. Assigning a Special Education Due Process Hearing Officer............................................12 - 2
C. Resolution Meeting ...........................................................................................................12 - 3
D. Pre-Hearing Requirements................................................................................................12 - 4
E. Conducting the Due Process Hearing ...............................................................................12 - 4
F. Reaching A Decision.........................................................................................................12 - 5
G. Appealing the Due Process Decision ................................................................................12 - 5
H. Stay Put.............................................................................................................................12 - 6
I. Civil Actions.......................................................................................................................12 - 6
J. Attorney Fees....................................................................................................................12 - 6
CHAPTER 13 SUSPENSION AND EXPULSION FOR DISCIPLINARY VIOLATIONS
(CODE OF STUDENT CONDUCT AND WEAPONS, DRUGS,
OR SERIOUS BODILY INJURY OPTION)
A. Local School District Responsibilities................................................................................13 - 2
B. Code of Conduct Violations...............................................................................................13 - 3
C. Short-Term Removals (Not A Change of Placement)........................................................13 - 5
D. Long-Term Removals (A Change of Placement)...............................................................13 - 7
E. 45 School Day Interim Alternative Educational Setting
(Weapons, Drugs, or Serious Bodily Injury) ......................................................................13 - 10
F. Appeals .............................................................................................................................13 - 11
G. Children Not Determined Eligible for Special Education....................................................13 - 14
H. Reporting A Crime.............................................................................................................13 - 15
I. Seclusion Rooms and Restraint……………………………………………………………….. 13 - 17
CHAPTER 14 CHILDREN IN PRIVATE AND PAROCHIAL SCHOOLS
A. Children Placed in Private Schools by the Public School ..................................................14 - 2
B. Children Enrolled by Their Parents in Private Schools Where
Free Appropriate Public Education (FAPE) is at Issue......................................................14 - 3
C. Child Find for Children Voluntarily Enrolled in Private Schools by their Parents ...............14 - 4
D. State Law Requirements for Children Voluntarily Enrolled in Private Schools
by their Parents.................................................................................................................14 - 6
E. Federal Requirements for Children Voluntarily Enrolled in Private Schools
by their Parents.................................................................................................................14 - 7
F. Mediation and Due Process Rights of Private School Children .................................. …. 14 - 14
February 2008
ix
Kansas Special Education Process Handbook

 
Special Education Process Handbook
Appendices
Appendix A
Figure 1-1
KSDE Memo: Clarification of the term "parent" after IDEA 2004
Figure 1-2
Parent Rights in Special Education (Procedural Safeguards)
Figure 1-3
Who can sign as a parent? (Chart in Chapter)
Figure 1-4
KSDE Memo: "Reasonable Time to Respond to Parent Request...
Figure 1-5a
Prior Written Notice for Evaluation or Reevaluation and Request for Consent (Revised)
Figure 1-5b
Prior Written Notice for Evaluation and Request for Consent (New)
Figure 1-5c
Prior Written Notice for Reevaluation and Request for Consent (New)
Figure 1-6
Prior Written Notice for Identification, Special Education and Related Services,
Education Placement, Change in services, Change in Placement, and Request for
Consent
Figure 1-7
Notice of Meeting
Figure 1-8
SRS Memo "Foster Care Database..."
Figure 1-9
Letter to Smith (OSEP, Jan 2007)
Figure 2-1
Sample Public Notice for Child Find
Figure 2-2
General Education Interventions (GEI)
Figure 2-3
State Policy on MTSS (RtI) for Parents
Figure 3-1
Initial Evaluation Flow Chart (in Handbook)
Figure 3-2
Initial Evaluation Timeline (in Handbook)
Figure 3-3
Notice that No Additional Data are Needed
Figure 3-4
Eligibility Indicators, Fall 2007
Figure 3-5
Evaluation/Eligibility Report Checklist
Figure 4-1a
Regular Education Preschool Teacher at IEP Meeting
Figure 4-1b
Chart-Regular Education Preschool Teach at IEP Meeting
Figure 4-2
Comparison of IFSP and IEP Content and Consent (Revised)
Figure 4-3
Excusal from IEP Meeting (New Form)
Figure 4-4
IEP Team Considerations
Figure 4-5
Parent Consent to Invite Representative of Non-Educational Agency to IEP
Figure 4-6
IEP Meeting Requirements
Figure 4-7
IEP Content Checklist
Figure 4-8
Agreement To Amend the IEP
Figure 5-1
Assistive Technology Checklist
Figure 5-2
ESY Determination
Figure 6-1
LRE Decision Tree
Figure 6-2
LRE Decision Tree Support
Figure 6-3
Kansas State Board of Education Policy on Least Restrictive Environment, Memo of
Clarification 94-A
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Figure 6-4
Kansas State Board of Education Policies Regarding State School for the Deaf and
State School for the Blind
Figure 7-1
Reevaluation Not Needed (New Form)
Figure 8-1
OSEP Letter to Runkel (Grading/Diplomas)
Figure 8-2
Summary of Performance
Figure 9-1
Model Notification of Rights under FERPA
Figure 9-2
Sample Release of Records
Figure 9-3
Sample Log for Accessing Records
Figure 9-4
Sample List of Employees Who Can Access Records
Figure 9-5
Parent Consent for Medicaid (Revised)
Figure 9-6
Kansas Medicaid Assistance Program Provider Manual (LEA)
Figure 10-1
Special Education Mediation Process Flow Chart
Figure 10-2
Request for Mediation
Figure 10-3
Agreement to Mediate
Figure 10-4
Confidentiality Pledge
Figure 10-5
Mediation Process Timeline
Figure 10-6
Rules of Mediation
Figure 11-1
Formal Complaint Procedure Flow Chart
Figure 11-2
Formal Complaint System Timeline
Figure 11-3
Request Form for Formal Complaint
Figure 12-1
Due Process Flow Chart (Revised)
Figure 12-2
Request for Due Process Hearing For District
Figure 12-3
Request for Due Process Hearing For Parent
Figure 12-4
Appointment of Due Process Hearing Officer by LEA (Revised)
Figure 13-1
Procedures For Disciplinary Violations For Code of Student Conduct Including
Weapons, Drugs, or Serious Bodily Injury (In Chapter)
Figure 13-2
Letter to Huefner, OSEP, October 3, 2006
Figure 13-3
Guidelines for the Use of Seclusion Rooms and Restraint on Children with Disabilities
Figure 13-4
Request for Expedited Due Process Hearing for District
Figure 13-5
Request for Expedited Due Process Hearings for Parent
Figure 13-6a
Functional Behavioral Assessment
Figure 13-6b
Functional Behavior Assessment Flow Chart
Figure 13-7
Manifestation Determination Report (New)
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Appendix B
: Federal Law, Individuals With Disabilities Education Act, December 2004
Appendix C
: Federal Regulations for IDEA, August 14. 2006
Appendix D
: State Statutes: Kansas Special Education for Exceptional Children Act, KSA 72-661 through
72-996, and other applicable State Statutes.
Appendix E
: State Special Education Regulations, KAR 91-40-1 through 91-40-53, effective 2008
Appendix F
: Family Educational Rights and Privacy Act (FERPA), July 1, 2006
Appendix G
: Section 504 of The Rehabilitation Act
Appendix H
: Other Resources
Appendix I
: Index to the Process Handbook
Appendix J
: Index to State Special Education Law and Regulations
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SPECIAL EDUCATION FLOW CHART
General Education
Parent Involvement
(Chapter 1)
General Education Interventions
(Chapter 2)
Parent Rights
(Chapter 1)
Referral for Evaluation
(Chapter 2)
Evaluation for Possible Exceptionality
(Chapter 3)
Eligibility Meeting
(Chapter 3)
Section 504
Eligible
(Appendix G)
Not Eligible,
No Services
Eligible &
Need for Services
(Chapter 3)
IEP Team Meeting
(Chapter 4)
Placement
IEP Goals
(Chapter 6)
(Chapter 4)
Special Education
& Related Services
(Chapter 5)
Private Schools
(Chapter 14)
Discontinuing Services
(Chapter 8)
Reevaluation
(Chapter 7)
Continuing Services
Annual IEP/Review Revise IEP
Special Considerations:
Confidentiality
Chapter 9
Suspension/Expulsion
Chapter 13
Mediation
Chapter 10
Code of Student Conduct and
Due Process
Chapter 11
weapons, drugs, or dangerous behavior
Formal Complaint
Chapter 12

 
CHAPTER 1
PARENT RIGHTS IN SPECIAL EDUCATION
(PROCEDURAL SAFEGUARDS)
INTRODUCTION
The reauthorization of the Individuals with Disabilities Education Improvement Act (IDEA), in 2004, retained important
procedures which schools must use when evaluating eligibility for special education services, when developing or
changing a child’s Individualized Education Program (IEP) or when attempting to resolve serious disputes regarding
special education issues. These procedures are sometimes referred to as “procedural safeguards” or “parent rights.”
This chapter will focus on the procedural safeguards related to evaluations and to the development and revision of
the IEP. Later chapters will address procedures regarding dispute resolution processes, such as due process
hearings, mediation and formal complaints to the state department of education.
The procedural safeguards specified in the IDEA were primarily designed to help schools and parents work together to
develop effective educational programs for children with disabilities. In
Henry Hudson Central School District v. Rowley,
102 S.Ct. 3034 (1982), the United States Supreme Court said:
“…we think that the importance Congress attached to these procedural safeguards cannot be
gainsaid. It seems to us no exaggeration to say that Congress placed every bit as much emphasis
upon compliance with procedures giving parents and guardians a large measure of participation at
every stage of the administrative process … as it did upon the measurement of the resulting IEP
against a substantive standard. We think that the congressional emphasis upon full participation of
concerned parties throughout the development of the IEP, as well as the requirements that state
and local plans be submitted to the Commissioner for approval, demonstrate the legislative
conviction that adequate compliance with the procedures prescribed would in most cases assure
much if not all of what Congress wished in the way of substantive content in an IEP.”
This chapter provides information to assist schools in ensuring that parents and students receive their rights as
established in IDEA-2004. The following topics will be discussed:
A. Parent Participation
B. Definition of Parent
C. Parent Rights In Special Education Notice
D. Prior Written Notice
E. Parent Consent
F. Parent Consent Requested but Not Provided
G. Notice of IEP Meeting
H. Rights for Parents of Gifted Students
I.
Education Advocates
J. Student Rights at Age 18
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A. PARENT PARTICIPATION
To address the requirement to strengthen the role of parents in the special education process, Congress mandated
that schools afford parents the opportunity to be members of any decision making team for their child, including
eligibility, initial evaluation and reevaluation, and development of an individualized education program (IEP) for the
provision of a free appropriate public education (FAPE). Schools are to ensure that parents have the opportunity to
be members of the IEP team that makes decisions on the educational placement of their child. Although logistically
this increased involvement of parents may present challenges in arranging convenient meeting times, it should result
in decisions that are individualized to meet the unique needs of students and in the development of a closer, more
collaborative relationship with parents. Additionally, parents have a responsibility to participate and provide their
input into their child’s education. School teams recognize the contributions that parents can make to the process and
how they can help ensure their child’s educational progress (K.A.R. 91-40-25(a); K.A.R. 91-40-17(a); 34 C.F.R.
300.501(b)(c)).
Every child with an exceptionality is entitled to receive a free appropriate public education (FAPE). Parent rights are
intended to ensure that children receive FAPE. FAPE is defined as special education and related services that meet
the following criteria:
1. are provided at public expense, under public supervision and direction, and without charge;
2. meet the standards of the state board;
3. include an appropriate preschool, elementary, or secondary school education; and
4. are provided in conformity with an individualized education program. (K.A.R. 91-40-1(z))
Parents are to be provided notice of meetings related to eligibility, evaluation, reevaluation, IEP development,
provision of a free appropriate public education (FAPE) for their child and educational placement decisions, to ensure
that they have the opportunity to participate in the meetings (See Section G of this chapter.). The notice
requirements are the same as for notice of an IEP meeting (K.A.R. 91-40-17(a)(b)(1); K.A.R. 91-40-21(c)(1)(d);
K.A.R. 91-40-24(b)(c); 34 C.F.R. 300.501(b)(2); 34 C.F.R. 300.322(a)(b)(1)).
The school must make reasonable efforts to ensure that the parents understand, and have the opportunity to
participate in these meetings, including arranging for an interpreter for parents with deafness, or for parents whose
native language is other than English. The parent and the school may agree to use alternative means of meeting
participation, such as video conferences or conference calls (K.A.R. 91-40-17(c); K.A.R. 91-40-25(d); 34 C.F.R.
300.322(e)). These meeting requirements do not apply to informal or unscheduled conversation of school personnel
on issues such as teaching methodology, lesson plans, or coordination of service provision. A meeting also does
not include preparatory activities that public agency personnel engage in to develop a proposal or response to a
parent proposal that will be discussed at a later meeting (K.A.R. 91-40-25(e); 34 C.F.R. 300.501(b)(3)).
In addition to involving parents in making decisions about their children, schools should involve parents of children
with exceptionalities in their school improvement planning process. Parents should be involved in designing,
evaluating, and where appropriate, implementing school improvement plans. In Kansas, school improvement plans
are implemented under Quality Performance Accreditation (QPA), which is built upon standards for student
educational performance and includes Special Education Focused Assistance and Monitoring (FAM). Each school
should include parents of students with exceptionalities on each School Site Council.
The Kansas special education law (K.S.A. 72-961-997), known as the Special Education for Exceptional Children
Act, revised in 2006, (referred to here as the "State statute") also sets forth parental responsibilities. This law
requires parents to see that their child with a disability (not giftedness) attends school so that their child can receive
the special education and related services on the child’s IEP, or to provide such services privately. This means that
for a child with a disability who has an IEP (or IFSP ages 3-5) compulsory attendance may begin as early as age 3
(K.S.A. 72-977).
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State Statute:
K.S.A. 72-977
(a)
Except as otherwise provided in this section, it shall be the duty of the parent of each exceptional child to require such child to attend
school to receive the special education and related services which are indicated on the child's IEP or to provide for such services privately.
(b)
The provisions of subsection (a) do not apply to gifted children or to parents of gifted children.
State Regulation:
K.A.R. 91-40-17. IEP team meetings and participants.
(a) Each agency shall take steps to ensure that one or both of the parents of an exceptional child are present at each IEP meeting or are afforded
the opportunity to participate. These steps shall include the following:
(1) Scheduling each meeting at a mutually agreed-upon time and place and informing the parents of the information specified in subsection
(b) of this regulation;
(2) except as otherwise provided in K.A.R. 91-40-37, providing written notice, in conformance with subsection (b) of this regulation, to the
parents of any IEP team meeting at least 10 days in advance of the meeting.
(b) The notice required in subsection (a) of this regulation shall meet the following requirements:
(1) The notice shall indicate the purpose, time, and location of the IEP team meeting and the titles or positions of the persons who will
attend on behalf of the agency, including, if appropriate, any other agency invited to send a representative to discuss needed transition
services.
(2) If the meeting is for a child who has been receiving special education services under the infant and toddler provisions of the federal law
but is now transitioning to the provisions for older children, the notice shall inform the parents that they may require that a
representative of the infant and toddler program be invited to attend the initial IEP team meeting to assist with the smooth transition of
services.
(3) The notice shall indicate the following information, if a purpose is to consider postsecondary goals and transition services for the child:
(A) The agency will invite the parents’ child to attend.
(B) One of the purposes of the meeting will be to consider the postsecondary goals and needed transition services for the student.
(3) The parents have the right to invite to the IEP
team meeting individuals whom the parents believe to have knowledge or special expertise about their child.
(c) If neither parent of an exceptional child can be physically present for an IEP team meeting for the child, the agency shall attempt other
measures to ensure parental participation, including individual or conference telephone calls.
K.A.R. 91-40-21(c)(2)
In determining the educational placement of a gifted child, each agency shall ensure that the placement decision is made by a group of persons,
including the child’s parent and other persons who are knowledgeable about the child, the meaning of the evaluation data and appropriate
placement options for gifted children.
K.A.R. 91-40-25. Opportunity to examine records and participate in meetings.
(a)
Each agency shall allow the parents of an exceptional child an opportunity to inspect and review all education records and participate in
any meeting concerning their child with respect to the following:
(1) The identification, evaluation, or education placement of the child; and
(2) the provision of FAPE to the child.
(b)
Each agency shall take steps to ensure that one or both of the parents of an exceptional child are present at each meeting concerning their
child or are afforded the opportunity to participate. These steps shall include the following:
(1) Scheduling the meeting at a mutually agreed-upon time and place and informing the parents of the information specified in subsection
(c) of this regulation; and
(2) providing prior written notice of any meeting, in accordance with subsection (c) of this regulation, to the parents of the child.
(c)
The notice required in subsection (b) of this regulation shall indicate the purpose, time, and location of the meeting and the titles or positions of the
persons who will attend on behalf of the agency or at the agency’s request.
(d)
If neither parent of an exceptional child can be physically present for a meeting concerning the child, the agency shall attempt other measures
to ensure parental participation, including individual or conference telephone calls.
(e)
As used in this regulation, a meeting shall not include the following:
(1) Informal or unscheduled conversations involving agency personnel and conversations on issues including teaching methodology,
lesson plans, or coordination of service provision if those issues are not addressed in the child’s IEP; and
(2) preparatory activities that agency personnel engage in to develop a proposal or response to a parent's proposal that will be discussed
at a later meeting.
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B.
DEFINITION OF PARENT
School personnel must determine the appropriate person(s) to make educational decisions on behalf of the child.
Those individuals have a right to receive notice, give or revoke consent, file formal complaints, request mediation, file
for a due process hearing, give or deny permission for release of records, etc. (See Appendix A, Figure 1-1, KSDE
Memo: “Definition of a Parent”)
In Kansas “parent” is defined as:
A natural (biological) parent;
An adoptive parent;
A person acting as a parent;
A legal guardian;
An education advocate; or
A foster parent, if the foster parent has been appointed the education advocate of an exceptional child.
(K.S.A. 72-962(m); 34 C.F.R. 300.30)
“Person acting as a parent” means a person such as a grandparent, stepparent or other relative with whom a child
lives, or a person other than a parent or relative who is legally responsible for the welfare of a child.
If there is more than one party qualified to act as a parent, and the biological or adoptive parents attempt to act as the
parent, the biological or adoptive parents must be presumed to be the parents and legal decision makers, unless they
do not have legal authority to make educational decisions for the child. A judge may decree or order a person acting
as a parent or a legal guardian or persons to act as the “parent” to make educational decisions for the child. The
school shall recognize this person(s) as the legal decision maker for the child (K.A.R. 91-40-27(c); 34 C.F.R.
300.30(b)(1)(2)).
If parents are divorced, regardless of which parent has primary custody, the school must provide Prior Written Notice
of any special education action to both parents, even if only one parent has the right to consent, unless a court order
precludes this from happening. This applies to all special education notice requirements including notice of an IEP
meeting. If the school is only aware of one parent's address, the school must make reasonable efforts to locate the
other parent in order to provide notice. However, consent from one parent is sufficient. In the event that the school
receives consent forms from both parents, with one parent providing consent for the action and the other denying
consent, the school is deemed to have received consent and must fulfill its obligation to provide FAPE to the student.
The parent who denies consent has the right to request mediation or file for due process.
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The following checklist in Figure 1-3 is provided as a guide to school personnel to help determine the legal
educational decision maker:
FIGURE 1-3
WHO CAN GIVE CONSENT FOR EDUCATIONAL DECISIONS?
1. Are Parents available?
A
.___
Natural (biological) parent(s):
If parents are divorced, notify both parents unless a court order
precludes this from happening. Consent from one parent is sufficient even if the other parent refuses to
consent.
B
.___
Adoptive parent(s):
If adoption is not final, an education advocate is needed; documentation is the
‘Decree of Adoption’.
C
.___
Guardian:
Guardianship has been completed and is documented with “Letters of Guardianship”
issued by a court.
2. Parent is unknown or unavailable (Person acting as a parent)
A
. ___
Person Acting as a Parent:
A person, such as a grandparent, stepparent or other relative with whom
a child lives, or a person other than a parent who is legally responsible for the welfare of a child.
B
. ___
Education Advocate:
Appointment as an education advocate has been completed and is
documented with a Letter of Appointment from Families Together.
C.
___
Foster parent:
Only if appointment as an education advocate has been completed and is
documented with a Letter of Appointment from Families Together.
3
.
The student at age 18:
At age 18 the student becomes his/her own educational decision-maker unless
determined by a court to be incompetent.
State Statute:
K.S.A. 72-961
(m) ‘‘Parent’’ means: (1) A natural parent; (2) an adoptive parent; (3) a person acting as parent; (4) a legal guardian; (5) an education
advocate; or (6) a foster parent, if the foster parent has been appointed the education advocate of an exceptional child.
(n) ‘‘Person acting as parent’’ means a person such as a grandparent, stepparent or other relative with whom a child lives or a person other
than a parent who is legally responsible for the welfare of a child.
(o) ‘‘Education advocate’’ means a person appointed by the state board in accordance with the provisions of section 13, and amendments
thereto. A person appointed as an education advocate for a child shall not be: (1) An employee of the agency which is required by law to
provide special education or related services for the child; (2) an employee of the state board, the department, or any agency which
is directly involved in providing educational services for the child; or (3) any person having a professional or personal interest which
would conflict with the interests of the child.
State Regulations:
K.A.R. 91-40-27 Parent Consent
(c) Unless a judicial order specifies to the contrary, an agency shall recognize the biological or adoptive parent of an exceptional child who is
a minor as the educational decision maker for the child if the parent exerts his or her rights on behalf of the child, even if other persons meet
the definition of parent for the particular child.
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C. PARENT RIGHTS IN SPECIAL EDUCATION NOTICE
To ensure that parents have knowledge about their rights under the special education law, schools are required to
provide a copy of the Parent Rights in Special Education Notice to the parents:
At least one time in a school year; and
Upon a referral or parent request for initial evaluation;
First formal complaint or due process complaint filed in a school year;
Upon a disciplinary removal from school that constitutes a change in placement; and
Upon parent request.
These are the
only times when the Parent Rights Notice is required to be provided. IDEA-04 eliminated the
requirement to provide the Parent Rights Notice with the notification of each IEP meeting.
The notice is to be written in language understandable to the general public and provided in the native language of
the parent or other mode of communication used by the parent unless it is clearly not feasible to do so. If the
language or mode of communication is not a written language, the school must translate the notice orally or use
another mode of communication so that the parent understands the content of the notice. Parents may elect to
receive the Parent Rights Notice by electronic mail communication, if the school makes that option available (34
C.F.R. 300.504(a)(b); 34 C.F.R. 300.505). If the Parent Rights Notice is provided electronically the school should
have a copy of the email sent to the parent and documentation that the notice was received. The school may place a
current copy of the Parent Rights Notice on its Internet Web site if one exists (34 C.F.R. 300.504(b)). However,
simply putting the notice on the school’s website does not fulfill a schools obligation to provide notice to the parents.
The Parent Rights in Special Education Notice is referred to in this document as Parent Rights Notice, and is referred
to as Notice of Procedural Safeguards in federal law (34 C.F.R. 300.504
).
Special Education Services has
developed a model Parent Rights Notice that schools may use or substitute another version if it includes the required
content. If a district is not using the State version, the local version must be submitted to the KSDE Special
Education Services Team for review and approval. Check with Special Education Services for available translations
of the Parent Rights Notice. (See Appendix A, Figure 1-2, Parent Rights Notice. The notice is also available by
calling 1-800-203-9462, or on the Special Education Services Homepage at
http://www.kansped.org
.)
The Parent Rights Notice must include a full explanation of all of the procedural safeguards available as identified in
K.S.A. 72-988 and 34 C.F.R. 300.504(c):
State Statute:
K.S.A. 72-988. Parental rights
. (a) The rights of parents of exceptional children shall include, but not be limited to, the rights specified in this
section.
(b) The parents of exceptional children shall have the right to:
(1) Examine all records relating to such child and to participate in meetings with respect to the identification, evaluation, and educational
placement of the child, and the provision of a free appropriate public education to such child, and to obtain an independent educational evaluation of
the child;
(2) written prior notice in accordance with K.S.A. 72-990, and amendments thereto, whenever an agency: (A) Proposes to initiate or change; or (B)
refuses to initiate or change, the identification, evaluation, or educational placement of the child or the provision of a free appropriate public
education to the child;
(3) receive the notice required by provision (2) in their native language, unless it clearly is not feasible to do so;
(4) present complaints with respect to any matter relating to the identification, evaluation, or educational placement of the child, or the provision of a
free appropriate public education to the child, subject to the requirements in section 8, and amendments thereto;
(5) request mediation in accordance with this act;
(6) consent, or refuse to consent, to the evaluation, reevaluation or the initial placement of their child and to any substantial change in placement of,
or a material change in services for, their child, unless a change in placement of their child is ordered pursuant to the provisions of section 17, and
amendments thereto, or the agency can demonstrate that it has taken reasonable measures to obtain parental consent to a change in placement or
services, and the child’s parent has failed to respond. If the parent fails to respond to the request for parental consent to a substantial change in
placement or a material change in services, the agency must maintain detailed records of written and verbal contacts with the parent and the response, if
any, received from the parent;
(7) be members of any group that makes decisions on the educational placement of their child;
(8) demand that their child remain in the child’s current educational placement pending the outcome of a due process hearing, except as otherwise
provided by federal law and this act;
(9) subject to the requirements of this act, request a due process hearing in regard to any complaint filed in accordance with provision (4) of this
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subsection, or as authorized in section 18, and amendments thereto;
(10) appeal to the state board any adverse decision rendered by a hearing officer in a local due process hearing;
(11) appeal to state or federal court any adverse decision rendered by a review officer in a state-level due process appeal; and
(12) recover attorney fees, as provided in the federal law, if they are the prevailing parties in a due process hearing or court action; however, only a
court shall have the authority to award attorney fees, and such fees may be reduced or denied in accordance with federal law.
(c) The state board shall develop a model form to assist parents in filing a complaint and due process complaint notice.
(d) The state board shall develop, and thereafter amend as necessary, and distribute for use by agencies, a notice of the rights available to the parents
of exceptional children under the federal law and this act. The notice shall include a full explanation of the rights and be made available in various
languages and be written so as to be easily understandable by parents.
(e) A list of the rights available to the parents of exceptional children shall be given to the parents only one time each school year, except a copy also
shall be given to the parents: (A) Upon initial referral or parental request for evaluation; (B) upon request of a parent; and (C) upon the initial filing
of a complaint under subsection (b)(4). History. L. 1999, ch. 116, § 9; L. 2005, ch. 171, § 15; July 1.
Federal Regulation:
§ 300.504 Procedural safeguards notice.
(a)
General
. A copy of the procedural safeguards available to the parents of a child with a disability must be given to the parents only one time a
school year, except that a copy also must be given to the parents—
(1) Upon initial referral or parent request for evaluation;
(2) Upon receipt of the first State complaint under §§ 300.151 through 300.153 and upon receipt of the first due process complaint under §
300.507 in a school year;
(3) In accordance with the discipline procedures in § 300.530(h); and
(4) Upon request by a parent.
(b)
Internet Web site.
A public agency may place a current copy of the procedural safeguards notice on its Internet Web site if a Web site exists.
(c)
Contents.
The procedural safeguards notice must include a full explanation of all of the procedural safeguards available under § 300.148, §§
300.151 through 300.153, § 300.300, §§ 300.502 through 300.503, §§ 300.505 through 300.518, § 300.520, §§ 300.530 through 300.536 and §§
300.610 through 300.625 relating to—
(1) Independent educational evaluations;
(2) Prior written notice;
(3) Parental consent;
(4) Access to education records;
(5) Opportunity to present and resolve complaints through the due process complaint and State complaint procedures, including—
(i) The time period in which to file a complaint
(ii) The opportunity for the agency to resolve the complaint; and
(iii) The difference between the due process complaint and the State complaint procedures, including the
jurisdiction of each procedure, what issues may be raised, filing and decisional timelines, and relevant procedures;
(6) The availability of mediation;
(7) The child’s placement during the pendency of any due process complaint;
(8) Procedures for students who are subject to placement in an interim alternative educational setting;
(9) Requirements for unilateral placement by parents of children in private schools at public expense;
(10) Hearings on due process complaints, including requirements for disclosure of evaluation results and recommendations;
(11) State-level appeals (if applicable in the State);
(12) Civil actions, including the time period in which to file those actions; and
(13) Attorneys’ fees.
(d)
Notice in understandable language.
The notice required under paragraph (a) of this section must meet the requirements of § 300.503(c).
300.505 Electronic mail.
A parent of a child with a disability may elect to receive notices required by §§300.503, 300.504, and 300.508 by an electronic mail communication,
if the public agency makes that option available.
D. PRIOR WRITTEN NOTICE
One of the procedural safeguards afforded to parents is the required Prior Written Notice of certain proposed special
education actions. This notice must be provided to parents within a reasonable amount of time before the date the
school proposes to
initiate or change the
identification,
evaluation,
educational placement of their child, or
the provision of special education and related services (FAPE) to their child.
Prior Written Notice is also provided when the school refuses a parent's request to initiate or change the
identification, evaluation, or educational placement of the child, or to make a change to the provision of special
education and related services to the child (K.S.A. 72-988(b)(2); 34 C.F.R. 300.503(a)). When parents make a
request for an evaluation (whether oral or written), KSDE has determined that 15 school days is a reasonable time for
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providing parents with a Prior Written Notice of the district’s proposal to conduct the evaluation or the district’s refusal
to conduct the evaluation (See Appendix A, Figure 1-4, KSDE Memo, “Reasonable Time” to respond to parent
request for evaluation, January 8, 2002).
Additionally, Prior Written Notice is provided to the parent when the school proposes to make a change in services or
placement that is not substantial or material. However, parent consent is not required for either of these changes.
The Prior Written Notice provided to parents for each proposed special education action must contain specific
information:
a description of the action proposed or refused;
an explanation of why the school proposes or refuses to take the action;
a description of each evaluation procedure, assessment, record, or report the school used as basis for
proposed or refused action;
a description of the other options the IEP team considered and reasons why they were rejected;
a description of any other factors relevant to the proposal or refusal;
a statement that the parents have parental rights under the law; and
sources for parents to contact to assist in understanding their rights
.
(K.S.A. 72-990)
Additionally, if the notice is to propose to conduct an initial evaluation or a reevaluation, the notice must describe any
evaluation
procedures that the school proposes to conduct (K.S.A. 72-986(b); 34 C.F.R. 300.304(a)(1)).
The notice is to be provided in language understandable to the general public, and in the native language of the
parent unless it is clearly not feasible to do so. Additionally, if the native language or other mode of communication
of the parent is not a written language, the school must take steps to ensure that (a) the notice is translated orally, or
by other means, to the parent in his or her native language or other mode of communication (such as sign language);
(b) the parent understands the content of the notice; and (c) there is written documentation that these requirements
are met. (K.A.R. 91-40-26(b)(c); 34 C.F.R. 300:503(b)(c))
Figure 1-5a and 1-5b, Prior Written Notice for Evaluation or Reevaluation and Figure 1-6, Prior Written Notice for
Identification, Eligibility and Placement can be found in Appendix A. Copies of these forms may be accessed at
www.kansped.org . If a district is not using these State forms, the local versions must be submitted to KSDE Special
Education Services Team for review and approval.
State statute and regulations (K.S.A. 72-990; K.A.R. 91-40-26) reflect Federal requirements for the content and
provision of the Prior Written Notice (34 C.F.R. 300.503):
State Statute:
K.S.A. 72-986
(b) An agency shall provide notice to the parents of a child that describes any evaluation procedures such agency proposes to conduct.
K.S.A. 72-988. Parental rights.
(2) written prior notice in accordance with K.S.A. 72-990, and amendments thereto, whenever an agency:
(A) Proposes to initiate or change; or
(B) refuses to initiate or change, the identification, evaluation, or educational placement of the child or the provision of a free appropriate
public education to the child;
(3) receive the notice required by provision (2) in their native language, unless it clearly is not feasible to do so;
K.S.A. 72-990. Notice of parental rights; contents.
The notice required by subsection (b)(2) of K.S.A. 72-988, and amendments thereto,
shall include:
(a) A description of the action proposed or refused by the agency;
(b) an explanation of why the agency proposes or refuses to take the action;
(c) a description of other options that the agency or IEP team considered and the reasons those options were rejected;
(d) a description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action;
(e) a description of any other factors that are relevant to the agency’s proposal or refusal;
(f) a statement that the parents have protection under the procedural safeguards of this act and, if the notice is not an initial referral for
evaluation, the means by which a copy of the procedural safeguards can be obtained; and
(g) sources for parents to contact to obtain assistance in understanding the provisions of the federal law and this act.
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State Regulation:
K.A.R. 91-40-26. Notice requirements.
(a) In providing any notice to the parents of an exceptional child in accordance with K.S.A. 72-990 and amendments thereto,
regarding
action proposed or refused by an agency, an the agency shall ensure that the notice includes the following descriptions:
(1) a description of other options the agency considered and the reasons why those options were rejected; and
(2) a description of other factors that are relevant to the agency's proposal or refusal.
(b) The notice shall be is written in a language understandable to the general public and is provided in the native language of the parent or
other mode of communication used by the parent, unless it is clearly not feasible to do so.
(c) If the native language or other mode of communication of a parent is not a written language, the agency shall take steps to ensure all
of the following:
(1) The notice is translated orally or by other means to the parent in the parent’s native language or other mode of communication.
(2) The parent understands the content of the notice.
(3) There is written evidence that the requirements of paragraphs (1) and (2) of this subsection have been met.
Sources for Parents to Contact to Obtain Assistance in Understanding Parent Rights
In addition to school staff, there are other resources parents can contact for more information to understand their
parent rights. IDEA provides funding for a Parent Training and Information (PTI) Center in each state. In Kansas,
Families Together, Inc., is the PTI and provides training, information and resources for parents. Schools are
encouraged to include any additional resources, including local resources that are knowledgeable and available to
parents, including any of the following:
Kansas State Department of Education, 800-203-9462 (in-State only)
Families Together, 800-264-6343
Disability Rights Center of Kansas (DRC), 877-776-1541
Keys for Networking, 785-233-8732
E. PARENT CONSENT
Federal and State laws and regulations have specific requirements for requesting parent consent. Consent is always
to be “informed consent.” The Prior Written Notice must accompany the request for consent for each proposed
special education action. The parent must agree in writing to the action for which his or her consent is sought (K.A.R.
91-40-27(a); 34 C.F.R. 300.300). In determining that informed consent is obtained, the following must be insured:
a. The parent has been fully informed of all information relevant to the activity for which consent is being
sought, in his or her native language, or other mode of communication.
b. The parent understands and agrees in writing to the carrying out of the activity for which his or her consent
is sought, and the consent describes that activity and lists the records (if any) that will be released and to
whom.
c. The parent understands that the granting of consent is voluntary on the part of the parent and may be
revoked at any time.
d. 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). (K.A.R. 91-40-1(l); 34 C.F.R.
300.9)
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Parent consent is required for the following actions:
1.
Consent to conduct an initial evaluation:
If the child is enrolled in a public school or seeks to be enrolled
in a public school and the parent does not provide consent (refuses) for initial evaluation, or the parent fails
to respond to a request to provide consent, the school may, but is not required to, pursue the initial
evaluation of the child by utilizing the procedural safeguards available under special education laws and
regulations, including mediation. If the parent refuses or does not respond, the school does not violate its
obligation for the provision of FAPE to the child if it declines to pursue the evaluation (K.A.R. 91-40-27(a),
(f)(3); 34 C.F.R. 300.300(a)).
2.
Consent to conduct a reevaluation:
If the parent refuses to consent to a reevaluation, the school may,
but is not required to, pursue the reevaluation by using mediation or due process procedures. Additionally,
informed parental consent is not required to conduct a reevaluation if the school can demonstrate that: (a) it
made reasonable efforts to obtain such consent; and (b) the child’s parent has failed to respond (K.A.R. 91-
40-27(a), (f)(3),(g); 34 C.F.R. 300.300(c)).
3.
Consent for the initial provision of services on the IEP
: If the parent fails to respond or refuses to
consent to initial services the school
can not use mediation or due process procedures in order to obtain
agreement or a ruling that the services may be provided to the child. Under these circumstances, the
school does not violate its obligation for the provision of FAPE to the child for failure to provide the child with
the special education and related services for which the public agency requested consent. In addition, the
school is not required to convene an IEP meeting or develop an IEP for the child (K.A.R. 91-40-
27(a)(f)(3)(g); 34 C.F.R. 300.300(b)).
4.
Consent to make a substantial change in placement (more than 25% of the child's school day):
If the
parent refuses to consent to a substantial change in placement, the school may, but is not required to,
pursue the proposed substantial change in placement by using mediation or due process procedures.
Additionally, informed parental consent is not required to make a substantial change in placement if the
school can demonstrate that: (a) it made reasonable efforts to obtain such consent; and (b) the child’s
parent has failed to respond; or (c) if the change is made under the discipline provisions in K.A.R. 91-40-33-
38 (K.A.R. 91-40-27(a)(f)(1)(g); K.A.R. 91-40-1(rrr)).
5.
Consent to make a material change in services (25% or more of any one service):
If the parent
refuses to consent to a material change in services, the school may, but is not required to, pursue the
material change in services by using mediation or due process procedures. Additionally, informed parental
consent is not required to make a material change in services if the school can demonstrate that: (a) it
made reasonable efforts to obtain such consent; and (b) the child’s parent has failed to respond; or (c) if the
change is made under the discipline provisions in K.A.R. 91-40-33-38 (K.A.R. 91-40-27(a),(f)(1)(g); K.A.R.
91-40-1(mm)).
6.
Consent to add a new service, or to delete a service completely (100%):
If the parent refuses to
consent to add or delete a service, the school may, but is not required to, pursue the action by using
mediation or due process procedures. Additionally, informed parental consent is
not required to add or
delete a service if the school can demonstrate that: (a) it made reasonable efforts to obtain such consent;
and (b) the child’s parent has failed to respond; or (c) if the change is made under the discipline provisions
in K.A.R. 91-40-33-91-40-38. Consent is
not required when the change in placement is due to graduation or
exceeding the age of eligibility for special education services. (K.A.R. 91-40-27(a),(f)(1)(g))
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7.
Consent for evaluation or services in private school:
If the parent of a child who is home schooled or
placed in a private school by the parents at their own expense does not provide consent (refuses) for an
initial evaluation or reevaluation, or the parent fails to respond to a request to provide consent, the school
may
not use mediation or due process procedures to obtain consent. (K.A.R. 91-40-27(f)(2); 34 C.F.R.
300.300(d)(4)). When the school requests consent for an initial evaluation, a reevaluation or initial services
and the parents of a private school or home-schooled child fails to respond or refuses to give consent, the
school has met it’s obligation for child find.
The following requests for parent consent do not require that the parent be provided the Prior Written Notice as
described in Section D above, however, parents must be fully informed about what they are being asked to provide
consent.
8.
Consent to excuse an IEP team member from IEP team meeting:
A required member of the IEP Team,
may be excused from attending an IEP Team meeting, in whole or in part, when the meeting involves a
modification to or discussion of the member’s area of the curriculum or related services, if, (a) the parent, in
writing, and the school consent to the excusal; and (b) the IEP Team member submits, in writing to the
parent and the IEP Team, input into the development of the IEP prior to the meeting (34 C.F.R. 300.321(e);
K.S.A. 72-987(b)(2)(3)). (See Appendix A, Figure 4-3, Excusal From IEP Meeting form or
www.kansped.org
and See Chapter 4, Individualized Educational Program.)
9.
Consent to invite outside agency:
When the IEP team is considering a child’s post-secondary goals and
transition services needed to assist the child in reaching those goals, the school is required to invite a
representative of any agency that is likely to provide or pay for transition services. The school must obtain
parental consent to invite the representative from that agency because confidential information about the
child would be shared at the meeting (K.A.R. 91-40-17(g)). (See Appendix A, Figure 4-5, Consent to Invite
Representative of Non-educational Agency to IEP Meeting or
www.kansped.org . ) (See Chapter 4,
Individualized Educational Program.)
10.
Consent for Use of Private Insurance and Medicaid:
When an IEP team has identified special education
and related services for a child who is Medicaid eligible or is covered by private insurance the school must
request parent consent at the time the services are determined, but at least annually, in order to access
Medicaid or private insurance (See Appendix A, Figure 1-9, Memo to Smith, January 23, 2007).
Parental consent is not required for the following actions:
Review existing data as part of an initial evaluation or a reevaluation,
Administer a test or other evaluation that is administered to all children unless consent is required of parents
of all children (K.A.R. 91-40-27(e); 34 C.F.R. 300.300(d)); or
Any other proposed special education action where parental consent is not specifically require by special
education statutes and regulations. In these situations, only Prior Written Notice to the parent of the action
proposed and the parent’s acknowledgement of the notice is required (e.g., less than a material or
substantial change in placement, or the school refuses to conduct an initial evaluation or reevaluation).
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Requirements for Parental Notice and Consent
(34 C.F.R. 300.503)
Proposed Action by the School
Prior Written Notice
(PWN)(300.503)
or Notification
Requires
Parental
Consent
Due Process
If Parent
Refuses to Give
Consent
Initiate evaluation
PWN
Yes
May/not required
Refuse to initiate initial evaluation or reevaluation
PWN
No
N/A
Identification and Eligibility Determinations
PWN
No
N/A
Initial provision of IEP services (placement)
PWN
Yes
No
Reevaluation of a student
PWN
Yes
May/not required
Substantial change in placement (25% or more of student’s
day)
PWN
Yes
May/not required
Change in placement that is less than 25% of the student’s
day
PWN
No
N/A
Material change in services (25% or more of any one
service),
includes accommodations listed on the IEP
PWN
Yes
May/not required
Change in service that is less than 25% of the service being
changed
PWN
No
N/A
Add a new service or delete one completely
PWN
Yes
May/not required
Evaluation, reevaluation or initiate services for children
parentally placed in private schools
PWN
Yes
No
Notification of the IEP meeting
Notification
No
N/A
Invite an outside agency to the IEP for secondary transition
Notification
Yes
N/A
Use of private insurance or Medicaid
Notification
Yes
N/A
Kansas Statute
K.S.A. 72-988
(b)(6) consent, or refuse to consent, to the evaluation, reevaluation or the initial placement of their child and to any substantial change in
placement of, or a material change in services for, their child, unless a change in placement of their child is ordered pursuant to the provisions of
section 17, and amendments thereto, or the agency can demonstrate that it has taken reasonable measures to obtain parental consent to a change in
placement or services, and the child’s parent has failed to respond. If the parent fails to respond to the request for parental consent to a substantial
change in placement or a material change in services, the agency must maintain detailed records of written and verbal contacts with the parent
and the response, if any, received from the parent;
State Regulations:
K.A.R. 91-40-1(l)
(l) "Consent" means all of the following:
(1) A parent has been fully informed of all information relevant to the activity for which consent is sought, in the parent's native language or
other mode of communication.
(2) A parent understands and agrees in writing to the carrying out of the activity for which consent is sought, and the consent describes that
activity and lists the records, if any, that will be released and to whom.
(3) A parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time, but if the parent
revokes consent, that the revocation is not retroactive and does not negate an action that has occurred after the consent was given and before the
consent was revoked.
K.A.R. 91-40-27. Parental consent.
(a) Except as otherwise provided in this regulation, an agency shall obtain written parental consent before taking any of the following actions:
(1) Conducting an initial evaluation or any reevaluation of an exceptional child;
(2) initially providing special education and related services to an exceptional child; or
(3) making a material change in services to, or a substantial change in the placement of, an exceptional child, unless the change is made
under the provisions of K.A.R. 91-40-33 through 91-40-38, or is based upon the child's graduation from high school or exceeding the age of
eligibility for special education services.
(d) An agency shall not construe parental consent for initial evaluation as parental consent for the initial provision of special education and related
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services to an exceptional child.
(e) An agency shall not be required to obtain parental consent before taking either of the following actions:
(1) Reviewing existing data as part of an evaluation, reevaluation, or functional behavioral assessment; or
(2) administering a test or other evaluation that is administered to all children, unless before administration of that test or evaluation,
consent is required of the parents of all children.
(f) (1) If the parent of an exceptional child who is enrolled or is seeking to enroll in a public school does not provide consent for an initial
evaluation or any reevaluation, or for a proposed material change in services or a substantial change in the placement of the parent's child,
an agency may, but is not required to, pursue the evaluation or proposed change by initiating due process or mediation procedures.
(2) If the parent of an exceptional child who is being home schooled or has been placed in a private school by the parent does not provide
consent for an initial evaluation or a reevaluation, or fails to respond to a request to provide consent, an agency may not pursue the
evaluation or reevaluation by initiating mediation or due process procedures.
(3) An agency shall not be in violation of its obligations for identification, evaluation or reevalutation if the agency declines to pursue an
evaluation or reevaluation, because a parent has failed to provide consent for the proposed action.
(4) Each agency shall document its attempts to obtain parental consent for action proposed under this regulation.
(g) An agency shall not be required to obtain parental consent for a reevaluation or a proposed change in services or placement of the child if the
agency has made attempts, as described in K.A.R. 91-40-17(e)(2), to obtain consent but the parents have failed to respond.
(h) An agency shall not use a parent's refusal to consent to an activity or service to deny the parent or child other activities or services offered by
the agency.
F. PARENTAL CONSENT REQUESTED BUT NOT PROVIDED
1.
Parents Do Not Respond
The school must make reasonable attempts to obtain consent from the parents for each special education action as
required. Reasonable attempts are defined as at least 2 contacts by 2 different methods and documentation of such
attempts should be kept including detailed records of telephone calls made or attempted and the results, copies of
written correspondence sent to the parents and their response if any, and visits made to the parents home or place of
employment, and the response, if any, from the parents (K.A.R. 91-40-27(g); K.A.R. 91-40-17(e)(2); 34 C.F.R.
300.322(d)(1)).
As indicated previously, parent consent is required to conduct a reevaluation, or to make a material change in services
or a substantial change in placement. However, parent consent is not required for these actions if the parent does not
respond to the schools requests for consent and the school can document its attempts to obtain parental consent as
outlined above (K.S.A. 72-988(b)(6)). Additionally, under the disciplinary protections, the school would not be deemed to
have knowledge of the child’s disability if the parent has not allowed an evaluation or refused services; or the child has
been evaluated and determined not to have a disability (K.S.A. 72-994(c)).
2.
Parents Revoke Consent
Parent consent is voluntary, and may be revoked by the parents at any time. If a parent revokes consent for existing
services, the LEA should meet with the parent to attempt to resolve the difficulty, seek mediation, or possibly initiate a
due process proceeding to override the parent's objection. If the parent cannot be convinced to continue the services,
the LEA may honor the parent's objection and cease provision of the services. The LEA should send written notice to
the parent that it stands ready, willing, and able to provide appropriate services to the child, if the parent reconsiders his
or her objection to those services.
In this case, a due process hearing is not required. However, if a due process hearing is not initiated by the school
district, it is possible the student, at a future time, could ask for compensatory education.
If a due process hearing is
initiated, the “stay put” provision in the law requires that the services and placement specified in the child’s IEP continue
during the pendency of the proceedings.
When parents revoke their consent for a specific special education action the revocation is not retroactive but becomes
effective on the date that it was revoked (K.A.R. 91-40-1(l)(3); 34 C.F.R. 300.9). Therefore, the revoking of consent does
not negate any action that has occurred after the previous consent was given and before the consent was revoked.
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If the parent refuses or revokes consent for one service or activity the school cannot deny the parent or child any other
service, benefit or activity on the child’s IEP (K.A.R. 91-40-27(h)). In addition, because consent for services must be in
writing, revocation of consent must also be in writing.
State Statute:
K.S.A. 72-961
(rrr) "Substantial change in placement" means the movement of an exceptional child, for more than 25% of the child's school day, from a less
restrictive environment to a more restrictive environment or from a more restrictive environment to a less restrictive environment.
(mm) "Material change in services" means an increase or decrease of 25% or more of the duration or frequency of a special education service, a
related service or a supplementary aid or a service specified on the IEP of an exceptional child.
G. NOTICE OF IEP TEAM MEETING
The school must take steps to ensure that one or both parents are present at each IEP meeting or are otherwise
afforded the opportunity to participate in the IEP meeting. The meeting is to be scheduled at a mutually agreed upon
time and place. The school must provide notice of an IEP meeting to the parents for the initial IEP meeting and any
subsequent IEP meetings. The notice must be provided in writing at least 10 days prior to the meeting (K.A.R. 91-
40-17(a)(2)) and inform the parents that their child is invited to attend the meeting. The written notice must indicate:
1. the purpose;
2. date;
3. time;
4. location of the meeting;
5. the titles or positions of the persons who will attend on behalf of the school (The school is to notify the parents
about who will be in attendance at an IEP team meeting, however, individuals may be indicated by position
only. The school may elect to identify participants by name, but they have no obligation to do so.); and
6. inform the parents of their right to invite to the IEP meeting individuals whom the parents believe to have
knowledge or special expertise about their child;
7. inform the parents that if their child was previously served in Part C they may request that the local Part C
coordinator or other representative be invited to participate in the initial IEP meeting to ensure a smooth
transition of services.
In addition, beginning not later than the first IEP to be in effect when the child turns 14, or younger if determined
appropriate by the IEP team, the notice must:
8. indicate that a purpose of the meeting is the consideration of the postsecondary goals and transition
services;
9. indicate that the school will invite the student; and
10. identify any other agency that will be invited, with parent consent (or student consent if age 18), to send a
representative. (K.A.R. 91-40-17(b); 34 CRF 300.322(b))
Figure 1-7 in Appendix A of is a sample Notice of Meeting form, see
www.kansped.org . Also see Chapter 4,
Individualized Education Program.
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Kansas Regulations:
K.A.R. 91-40-17. IEP team meetings and participants.
(a) Each agency shall take steps to ensure that one or both of the parents of an exceptional child are present at each IEP meeting or are afforded
the opportunity to participate. These steps shall include the following:
(1) Scheduling each meeting at a mutually agreed-upon time and place and informing the parents of the information specified in subsection (b)
of this regulation;
(2) except as otherwise provided in K.A.R. 91-40-37, providing written notice, in conformance with subsection (b) of this regulation, to the
parents of any IEP team meeting at least 10 days in advance of the meeting.
(b) The notice required in subsection (a) of this regulation shall meet the following requirements:
(1) The notice shall indicate the purpose, time, and location of the IEP team meeting and the titles or positions of the persons who will attend
on behalf of the agency, including, if appropriate, any other agency invited to send a representative to discuss needed transition services.
(2) If the meeting is for a child who has been receiving special education services under the infant and toddler provisions of the federal law but
is now transitioning to the provisions for older children, the notice shall inform the parents that they may require that a representative of the
infant and toddler program be invited to attend the initial IEP team meeting to assist with the smooth transition of services.
(3) The notice shall indicate the following information, if a purpose is to consider postsecondary goals and transition services for the child:
(A) The agency will invite the parents’ child to attend.
(B) One of the purposes of the meeting will be to consider the postsecondary goals and needed transition services for the student.
(4) The parents have the right to invite to the IEP team meeting individuals whom the parents believe to have knowledge or special expertise
about their child.
(e)(1) An agency may conduct an IEP team meeting without parental participation if the agency, despite repeated attempts, has been unable to
contact the parent or to convince the parent to participate.
(2) If an agency conducts an IEP team meeting without parental participation, the agency shall have a record of the attempts that the agency
made to contact the parent to provide notice of the meeting and to secure the parent's participation. The record shall include at least two of
the following:
(A) Detailed records of telephone calls made or attempted, including the date, time, and person making the calls and the results of the calls;
(B) detailed records of visits made to the parent's home or homes, including the date, time, and person making the visit and the results of
the visit;
(C) copies of correspondence sent to the parent and any responses received; and
(D) detailed records of any other method attempted to contact the parent and the results of that attempt.
H. RIGHTS FOR PARENTS OF GIFTED STUDENTS
The State statute also includes the category of giftedness. In the State statute and regulations, the term "exceptional
children" includes children who are gifted and children with disabilities. Special education services are not
compulsory for children who are gifted. Therefore, parents of gifted children may choose to accept whatever special
education services are proposed by the IEP team. However, schools are required to provide the services specified in
an IEP once the parent gives consent. Accordingly, parents of, and children with giftedness (who do not also have a
disability) have the same rights as parents of, and children with disabilities, with the following exceptions:
There are no special education protections for students who are gifted under the discipline provisions
(K.A.R. 91-40-34(c));
Preschool children under the age of 5 are not eligible for gifted services (K.A.R. 91-40-1(ddd));
Students who are gifted do not have the same considerations for least restrictive environment (LRE) as
students with disabilities (K.A.R. 91-4-1(ll)), but the IEP Team must make placement decisions based on
their individual needs (K.A.R. 91-40-21(c)(2));
Students who are gifted are not eligible for
all of the related services (See Management Information System
Data Dictionary,
www.kansped.org
)
The Kansas Alternate Assessment (KAA) and Kansas Assessment of Multiple Measures (KAMM) are not
available to students who are gifted;
Extended school year services are not provided to students who are gifted (K.A.R. 91-40-1(y));
Students in JJA or DOC facilities do not receive gifted services (K.A.R. 91-40-5); and
Requirements for secondary transition (K.A.R. 91-40-1(uuu)); and summary of performance (K.S.A. 72-
986(m)) are
not applicable to gifted students.
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I. EDUCATION ADVOCATES
An education advocate (referred to as "surrogate parents" in Federal law) is appointed to act on behalf of the child
when parents are unknown, unavailable, or parental rights have been severed. The State Special Education for
Exceptional Children Act gives the Kansas State Board of Education (KSBE) the authority to appoint education
advocates to act on behalf of the child, if parents are unknown, unavailable, or parental rights have been severed.
The State statute defines education advocate as “a person appointed by the state board [of education] in accordance
with the provisions of section 13 [K.S.A. 38-1513a], and amendments thereto. A person appointed as an education
advocate for a child shall not be: (1) An employee of the agency which is required by law to provide special education
or related services for the child; (2) an employee of the state board, the department, or any agency which is
directly involved in providing educational services for the child; or (3) any person having a professional or
personal interest which would conflict with the interests of the child” (K.S.A. 72-962(o)).
In Kansas, a foster parent must receive the required training and be appointed by the State Board of Education as an
education advocate to act as a parent in making educational decisions for a child. In other circumstances when a
judge orders someone to serve as the child's legal education decision maker the district must follow the judge's
orders. Documentation from the court should be retained in the student's file.
State Law:
K.S.A. 38-1513a
When the court has granted legal custody of a child in a hearing under the Kansas code for care of children to an agency, association or
individual, the custodian or an agent designated by the custodian shall have authority to make educational decisions for the child if the parents of
the child are unknown or unavailable. When the custodian of the child is the secretary, and the parents of the child are unknown or unavailable,
and the child appears to be an exceptional child who requires special education, the secretary shall immediately notify the state board of
education, or a designee of the state board, and the school district in which the child is residing that the child is in need of an education advocate.
As soon as possible after notification by the secretary of the need by a child for an education advocate, the state board of education, or its
designee, shall appoint an education advocate for the child.
K.S.A. 72-962
(o) ‘‘Education advocate’’ means a person appointed by the state board in accordance with the provisions of section 13, and amendments thereto.
A person appointed as an education advocate for a child shall not be: (1) An employee of the agency which is required by law to provide special
education or related services for the child; (2) an employee of the state board, the department, or any agency which is directly involved in
providing educational services for the child; or (3) any person having a professional or personal interest which would conflict with the interests of
the child.
1.
Assigning Education Advocates
KSDE and the Kansas Department of Social and Rehabilitation Services (SRS) have developed a system for
assigning education advocates when necessary. Details of the education advocate system are given in K.A.R. 91-40-24.
KSDE contracts with Families Together (the State's Parent Information and Training Center) to:
provide training for potential education advocates,
receive referrals for students who need an education advocate,
match an education advocate to the student,
notify KSDE to appoint the education advocate, and
provide support for education advocates.
The appointment of an education advocate is to be made within 3 business days of receiving a request for an
appointment. The school or agency making the request will be notified by KSDE of the name, address, and the
telephone number of the person appointed to serve as the child’s educational advocate. KSDE sends the formal
letter of appointment to the education advocate, with a copy to the special education director, the building principal at
the student’s school, and the student’s primary SRS, DOC, or JJA caseworker. KSDE and Families Together retain
copies of the appointment letter.
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Education advocates are appointed for students ages 3 to 18 who are in the custody of SRS, the Department of
Corrections (DOC), or the Juvenile Justice Authority (JJA); are receiving special education services or need an
evaluation to determine eligibility for services; and whose parents are unknown or unavailable, whose parent rights
have been severed, or whose parents have a court order of “no contact” against them. Like all other students with
disabilities students in SRS, JJA or DOC custody at age 18 become their own educational decision makers, unless a
judge has determined that they are not capable of doing so and has appointed a guardian.
For a 2-year-old who is transitioning from Infant-Toddler Services, if parents are unknown or unavailable, an
education advocate may be appointed to provide consent to conduct a Part B evaluation, attend an IEP meeting, and be
involved in other special education actions required.
For more information about obtaining an education advocate, contact Families Together, 800-264-6343 or
785-233-4777, or the Kansas State Department of Education, 800-203-9462.
2. School District Responsibilities
Sometimes it is difficult to determine the situation with parents. There is a difference between “unavailable” and
“unwilling.” An uncooperative parent is not unavailable. A parent who can be located by mail, personal visits, or
phone is not unavailable, even though s/he does not respond to the school’s attempts to involve him or her in the
student’s education. If a parent has not responded to a request for consent to conduct a reevaluation, or to
make a substantial or material change in the IEP; under Federal and State regulations, the district may conduct
the reevaluation without parent consent as long as they have documentation of required attempts made and the
parent did not respond. (See Chapter 7, Reevaluation.)
If a parent is in jail, s/he is technically not "unknown or unavailable". The parent’s participation may be obtained by
telephone and consent may be obtained through contact by mail, unless not feasible to do so. If, as a result of a
court order, the parent cannot have any contact with the child, the school should request an education advocate.
The special education director may access the Foster Care Database to determine whether the child is in the custody of SRS
or JJA. Each time a child in SRS or JJA custody experiences a change in out of home placement, data is entered into the
database to assist in tracking the child’s records. When a child receiving special education services is in the Foster Care
Database, the school should enter information into the education section of the database. The school must obtain written
consent from the parent before entering such information because other State agencies, such as SRS, JJA, KSDE and
Kansas Medical Agency (KMA) also have access to this data base (See Appendix A, Figure 1- 8, SRS Memo)
3. Social and Rehabilitation Services Responsibilities
The Kansas Statute at K.S.A. 38-1513a of the SRS Children and Family Services Commission states that when SRS
staff determine that a child in SRS custody appears to be a student with an exceptionality who may require special
education services and the parents are unknown, unavailable, or have their rights terminated, SRS must:
a. Document in the case record that the parents are unknown, unavailable, or their rights have been
terminated; and
b. Contact Families Together (800-264-6343 or 785-233-4777) within three business days to request that an
education advocate be appointed.
“Unavailable” means SRS has documented that at least two pieces of certified mail were sent to the parent’s last
known address, and were sent back unclaimed.
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4. Juvenile Justice Authority and Department of Corrections Responsibilities
If a student is in a juvenile correctional facility or an adult correctional facility, the Juvenile Justice Authority (JJA) or
the Department of Corrections (DOC) is obligated to follow the same procedures for appointment of an education
advocate as SRS, as stated above.
A student age 18 or over, who is incarcerated in an adult correctional institution or facility and was not identified as a
child with a disability and did not have an IEP in their educational placement prior to incarceration, is not entitled to
FAPE (K.A.R. 91-40-5(c)(3)). A student previously identified as gifted only is not entitled to receive special education
services while incarcerated.
State Regulation:
K.A.R. 91-40-24. Educational advocates.
(a)
(1)
Before taking any special education action in regard to any child, an agency shall attempt to identify the parents of the child
and the parents' current whereabouts.
(2)
If the parental rights of the parents of an exceptional child have been severed, the secretary of social and rehabilitation
services or the secretary’s designee shall notify the state board or its designee of this fact and request the appointment of an
educational advocate for the child.
(3)
If the identity of the parent or the parent’s current whereabouts cannot be determined, the agency shall take the following
action:
(A)
Request that proceedings be initiated, pursuant to the Kansas code for the care of children, to determine whether the
child is a child in need of care; and
(B)
notify the state board or its designee, within three business days, of the agency’s determination and request the
appointment of an educational advocate for the child.
(b)
Within three business days of receiving a request for the appointment of an educational advocate, the agency making the request shall
be notified by the state board or its designee of the name, address, and telephone number of the person appointed to serve as the
child’s educational advocate.
(c)
Each person appointed as an educational advocate shall meet the following requirements:
(1)
Be at least 18 years of age;
(2)
have completed a training program offered or approved by the state board concerning the powers, duties, and functions of an
educational advocate;
(3)
not be an employee of the state board or any agency that is involved in the education or care of the child; and
(4)
have no interest that conflicts with the interest of any child whom the person represents.
(d)
(1)
A person who is an employee of a nonpublic agency that provides only noneducational care for the child and who meets the
requirements of subsection (c) of this regulation may be appointed as an educational advocate.
(2)
A person who otherwise qualifies to be an educational advocate shall not be considered an employee of an agency solely
because that person is paid by the agency to serve as an educational advocate.
(e)
Any person appointed as an educational advocate shall perform the following duties:
(1)
Assert the child’s rights in the education and decision-making process, including the identification, evaluation, and placement
of the child;
(2)
comply with applicable confidentiality requirements imposed by state and federal law;
(3)
participate in the development of the child’s individualized education program; and
(4)
exercise all the rights given to parents under the special education for exceptional children act.
K.A.R. 91-40-5(c)(3)
(c) State adult correctional facilities.
(3) Provision of FAPE to any person incarcerated in a state correctional institution or facility shall not be required by the secretary of
corrections if the person meets both of the following criteria:
(A) The incarcerated person is at least 18 years of age.
(B) The incarcerated person, in the person’s last educational placement before incarceration, was not identified as a child with a
disability.
J. STUDENT RIGHTS AT AGE 18
On or before the student’s 17
th
birthday, the IEP of the student must contain a statement that the student has been
informed that at age 18, students have attained the age of majority in Kansas and all parent rights transfer to the
student (K.S.A. 72-987(c)(9)). Thus, at age 18, students become their own educational decision makers. (This
Handbook will refer to the student who is age 18 or over as an adult student.)
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When a student reaches the age of majority, school personnel must provide all required special education notices to
both the student and to the parents and obtain informed consent for specified special education actions from the
student (same requirements as for parents). Parents are not entitled to attend the IEP meeting, however, either the
school or the student may, but are not required to, invite the parents to attend IEP meetings as persons who are
knowledgeable about the student. When a court has judged a student to be unable to fulfill these responsibilities,
schools must provide Prior Written Notice and obtain informed consent from the person whom the court has
appointed as the legal guardian. Schools may provide parents information about other options and resources about
this topic.
Federal regulations and Kansas law (K.S.A. 72-989; 34 C.F.R. 300.520 and 34 C.F.R. 300.625) provide specific
requirements for school personnel regarding this issue.
State Statute:
K.S.A. 72-987(c)(9).
(c) The IEP for each exceptional child shall include:
(9) beginning at least one year before the child reaches the age of majority under state law, a statement that the child has been informed of the
child’s rights, if any, that will transfer to the child on reaching the age of majority as provided in K.S.A. 72-989, and amendments thereto.
72-989. Rights of child with disability upon reaching 18 years of age.
When a person who has been determined to be a child with a disability
reaches the age of 18, except for such a person who has been determined to be incompetent under state law:
(a) An agency shall provide to both the person and to the person's parents any notice required by this act;
(b) all other rights accorded to parents under this act transfer to the person;
(c) the agency shall notify the person and the parents of the transfer of rights; and
(d) all rights accorded to parents under this act transfer to the person if incarcerated in an adult or juvenile federal, state or local correctional
institution.
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QUESTIONS AND ANSWERS ABOUT PARENT RIGHTS
1. Who can give consent for a student’s educational program?
Regarding parents and/or legal educational decision makers must be given Prior Written Notice and request for
consent whenever a school proposes to initiate or change (or refuses to initiate or change) the identification,
evaluation, placement or educational services of a child with an exceptionality. Parents may then provide or
withhold consent for decisions regarding these matters. Consent from one parent is sufficient, even if the other
parent refuses to consent. If an Education advocate is officially appointed, that is the person who will work with
the school in planning and monitoring the student’s school program, and who may grant or withhold consent just
as parents may. See the chart on page 1-5 within this chapter for further information about determining who
may grant consent for educational decisions.
Unless a judicial order specifies to the contrary, a school shall recognize the biological or adoptive parent of an
exceptional child who is a minor as the educational decision maker for the child, even if other persons meet the
definition of a parent for the child.
2. What if there is disagreement about an action that requires consent?
Parents and other legal educational decision makers should clarify the issues about which there is no
disagreement. Those actions, or portions of the IEP, should be implemented without delay.
For the area of disagreement requiring consent, there are two options: (1) Mediation as an impartial proceeding
whereby a mediator works with the parents and the school representative to reach consensus and develop a
written agreement, and (2) a due process hearing in which a hearing officer makes the decision. In mediation,
both parties must first agree that they want to mediate. There is no cost to the parents or to the school for
mediation. In due process, either the parents or the school may request a hearing. Also see Chapter 10,
Mediation and Chapter 12, Due Process Hearings.
3. What are the school's responsibilities for notice and consent with divorced parents?
If parents are divorced, regardless of which parent has primary custody, the school must provide notice to both
parents, even if only one parent has the right to consent, unless a court order precludes this from happening.
This applies to all special education notice requirements including notice of an IEP meeting. If the school is only
aware of one parent's address, the school must make reasonable efforts to locate the other parent in order to
provide notice.
Consent from one parent is sufficient. In the event that the school receives responses from both parents, with
one providing consent and the other denying consent, the school is deemed to have received consent and must
fulfill its obligation to provide FAPE to the student. The parent who denies consent has the right to request
mediation or file for due process.
4. What are the qualifications of an education advocate?
Requirements for education advocates are established in K.A.R. 91-40-24(c). Education advocates must:
be 18 years or older,
attend the Families Together training for education advocates so they have knowledge and skills to be sure
the student is adequately represented, and
provide three references for appointment as an education advocate.
Education advocates cannot be:
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employees of the agency required by law to provide special education services,
employees of KSDE or any agency directly involved in providing care or educational services for the
student, or
people with a professional or personal interest that would conflict with the student’s best interests.
Professionals not providing care or educational services to the student, retired professionals such as teachers,
school administrators, school psychologists, counselors, and social workers, and local community volunteers may
be education advocates, if they receive the training from Families Together.
5. May an education advocate be assigned to represent a student over the age of 18?
In Kansas, students from age 18 through 21 years have attained the age of majority, and so they become their
own advocates. If the student is a ward of the State and determined to be a Child in Need of Care by SRS, s/he
would have an education advocate appointed at age 18, or before if necessary. If the student has been judged
to be unable to represent himself/herself, a guardian may be appointed by the court.
6. Are education advocates appointed for a student who is gifted?
Yes. In Kansas, services for students who are gifted are provided through the special education system in public
schools. An Education advocate would be appointed in the same way for students ages 5 to 18 who are gifted.
7. May parents revoke consent to a special education service, but not the goals for that
service; or in reverse, consent to goals, but not the service necessary to implement
the goals?
Parents provide consent only for placement and services, including supplemental aids and services, in the IEP.
They do not have the option of consenting to the individual annual goals in the IEP. Parents should consider
which individual services they wish to consent to; the annual goals are the method for measuring the progress
made by the provision of the service. Parents may revoke consent for some services and not others, but need to
realize that when they revoke consent for a service, they have also eliminated the goal(s) that would have
measured progress for that service.
8. What is the difference between "Prior Written Notice" and "10-Day IEP Notice?"
"Prior Written Notice" is provided to the parents before the school proposes or refuses to initiate or change the
identification, evaluation, or educational placement of the child or the provision of special education and related
services (FAPE) to the child. Each Prior Written Notice must contain the information required in 34 C.F.R.
300.503(b). This Notice is to ensure that parents are fully informed about any action that the school is proposing
and is provided with each request for consent for a special education action. If a change in identification,
educational placement, educational services, or the need for more evaluation information is determined to be
needed by the IEP team, then the Prior Written Notice and, if required, request for consent for the specific
action(s) would be given to parents before that action could take place.
"The 10-Day IEP Notice" is given to parents at least 10 calendar days before the IEP meeting to develop, review
and/or revise the IEP. The 10-day IEP notice is to ensure that the parent has an opportunity to participate in the
IEP meeting as well as any meeting with respect to the identification, evaluation, placement and special
education and related services for the child. The notice must indicate the purpose, time, and location of the
meeting and who will be in attendance; and inform the parents that may invite others who have knowledge or
special expertise about the child.
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9. If a student who is identified as gifted, and does not also have a disability, is
incarcerated in a juvenile or adult correctional facility, will they be eligible to receive
special education services?
No. Students who are incarcerated in a juvenile or adult correctional facility are not eligible to receive gifted
services even if they were identified prior to incarceration.
10. What if the biological parent and another individual meet the definition of parent?
Must the school seek consent from the biological parent or can they accept consent
from the other qualified individual?
If there is more than one party qualified to act as a parent, and the biological or adoptive parents attempt to act
as the parent, the biological or adoptive parents must be presumed to be the parents and legal decision makers,
unless they do not have legal authority
to make educational decisions for the child.
11. What obligation does a school have to allow parents or other non-school personnel to
observe or video tape a child in the educational setting?
Neither federal or state laws or regulations give parents the right to observe their children in class. A district
may, however, give a parent permission to observe a child in class if doing so would not disrupt school activities
and would help the district and the parent work together to develop an appropriate IEP. Many districts have
policies that define the conditions under which parents and others may observe children in school and for
videotaping children in the classroom.
12. If a parent calls the school and verbally revokes their consent for special education
and related services and tells the school they want services stopped immediately,
what should the school do?
The parent must revoke consent for special education and related services in writing. The school should inform
the parent that it must continue providing services until they receive written notice that consent is being revoked.
This could be in the form of a letter or a signature on the document where the parent provided informed consent
for the child’s current services.
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CHAPTER 2
SCREENING AND GENERAL EDUCATION INTERVENTION
(CHILD FIND)
INTRODUCTION
Schools must have policies and procedures in effect to ensure that all children with exceptionalities (those who have
disabilities and those who are gifted) and who are in need of special education and related services are identified,
located, and evaluated. This included children who attend public
or private schools, which are home schooled; are
highly mobile including migrant and homeless, or are wards of the State. The child find requirement for schools
applies to children ages birth through 21. Child find in Kansas involves a screening process for children from birth to
age 5, and a general education intervention process for children from kindergarten through age 21. Schools in
conjunction with parents use these processes to locate, evaluate, and identify children who may need special
education and related services. Children in need of special education services should be identified as young as
possible, and also as soon as possible after the concern is noted. This includes children who are suspected of
having a disability even though they are advancing from grade to grade (K.A.R. 91-40-7(a); 34 C.F.R. 300.111(a)(c)).
The earliest possible identification of educational or behavioral concerns will diminish the impact of the concerns on
the child’s education.
As an agency, the Kansas State Department of Education (KSDE) encourages the use of a multi-tiered system of
support for all children, encompassing school-wide support for both academic and behavioral competency. This is
further emphasized in Kansas special education regulations which require the use of general education interventions
(GEI), prior to referring any child in kindergarten through grade 12 for an initial evaluation. GEI requires schools to
have data-based documentation of the general education interventions and strategies implemented for each child.
Some schools conduct GEI through a school-wide approach of providing multi-tiered levels of intervention to support
children to achieve more successfully. In recent years, this kind of a systemic approach has been referred to as
Response to Intervention or RtI. The practices utilized in RtI are based on providing high-quality instruction and
intervention matched to child need; monitoring progress frequently to make decisions about change in instruction or
goals; and applying child response data to important educational decisions (Response to Intervention: Policy
Considerations and implementation. National Association of State Directors of Special Education, 2005). In Kansas,
the set of principles and practices found in the literature with regard to RtI is encompassed within Kansas’ Multi-tiered
System of Support (MTSS).
Other schools accomplish conducting GEI through an individual child problem solving approach, often referred to as
student improvement teams (SIT, SAT, TAT, Care Team, etc.). The individual problem solving approach to GEI is
consistent with past guidance provided by the state.
Either approach (school-wide or individual problem-solving) may be used as schools seek to provide early
intervention for children in need of additional supports to be successful.
This chapter includes information on the following topics:
A. Public Notice for Child Find
B. Screening for Children from Birth to Age 5
C. General Education Intervention for Children from Kindergarten through Age 21
D. Data Collection and Documentation for General Education Intervention
E. Referral for Initial Evaluation
F. Early Intervening Services
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A. PUBLIC NOTICE FOR CHILD FIND
The first step in the child find process is to provide information to the public concerning the availability of special
education services for exceptional children, including procedures for accessing these services. This public notice is
usually provided at the beginning of the school year and must be repeated annually. Copies of the information from
child find activities are kept on file as documentation for implementing policies and procedures K.A.R. 91-40-7(d)).
The public notice may be provided through a variety of methods. Informational materials could be distributed to all
schools in the area, including private schools, other agencies and to professionals who would likely encounter
children with a possible need for special education. Schools may publish yearly notices in local newspapers, provide
pamphlets, furnish information on the Internet, broadcast announcements on radio or television and provide
information at parent-teacher conferences. Suggested methods to accomplish public notice include:
Newspaper articles or ads,
Radio, TV, or cable announcements,
Community newspaper notices
School handbook and calendar
Letters to all patrons in the district
Post in child care programs
Post in health departments or doctors offices
Post in grocery stores, department stores and
other public places
Additional information about public notice as it relates to confidentiality requirements is included in Chapter 9. An
example of a public notice about child find is included in Appendix A, Figure 2-1.
B. SCREENING FOR CHILDREN FROM BIRTH TO AGE 5
Kansas regulations (K.A.R. 91-40-7(b)) require each school district to implement screening procedures that meet the
following requirements:
For children younger than five years of age, observations, instruments, measures, and techniques that
disclose any potential disabilities or developmental delays that indicate a need for evaluation, including
hearing and vision screening
Implement procedures ensuring the early identification and assessment of disabilities in children.
Screening must include observations, instruments, measures, and techniques that address potential developmental
delays or disabilities in the areas of communication, cognitive development, social-emotional development, self-
help/adaptive behavior, and/or physical development. This requirement also extends to hearing and vision
screenings, which must be available on an equal basis to all children in public and all private schools within the
district's boundaries (K.S.A. 72-1204 and 72-5204 et seq.).
If the results of the screening indicate a potential
developmental delay or disability, the screening team makes the referral for initial evaluation.
Mass screening of all children is not required, but screening is to be available for any child for whom there is a
concern about an area of development including communication, cognitive development, social-emotional
development, self-help/adaptive behavior, and/or physical development; and hearing and vision. It is recommended
that a child should not have to wait more than 30 calendar days for a screening. Young children's needs must be
identified as soon as possible, so that early intervention may be provided. Screening is considered to be a quick look
at the developmental areas to assist in determining whether a child should be referred for an initial evaluation. There
are screening procedures that require minimal staff and time to complete. Screening should be equally available to
all children in public and private schools within the school district's boundaries. For preschool age children, the
district of residence of each preschool child is responsible for child find (locate, evaluate and identify) even though
the child may be attending a preschool or other child care program outside the district of residence
.
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The Part B child find requirements begin at birth, therefore they overlap with the Part C child find requirements.
Schools should work with their local Part C Infant-Toddler Network for child find activities for children from birth
through 2 years to ensure that all children have access to screening in a timely manner. Each local Infant-Toddler
Network is to have a local interagency coordinating council and this is a way for the local school district and the local
Infant-Toddler Network to develop collaborative efforts for child find in their community.
Children who are transitioning from the Part C Infant and Toddler program are not required to participate in a Part B
screening process at age 3. For children receiving Part C services who may need an initial evaluation to determine
eligibility for Part B special education services, the Part C Infant-Toddler Program may make a referral to the school
district. The referral is to be made at least 90 calendar days prior to the child’s third birthday and according to the
school’s policy for making a referral for an initial evaluation.
Schools must maintain documentation on results of screening and must ensure that the collection and use of data
under the child find requirements are subject to confidentiality requirements under FERPA (K.A.R. 91-40-7(e); K.A.R.
91-40-50).
State Regulations:
K.A.R. 91-40-7. Child find.
(a) Each board shall adopt and implement policies and procedures to identify, locate, and evaluate all children with exceptionalities
residing in its jurisdiction, including children with exceptionalities who meet any of the following criteria:
(1) Attend private schools;
(2) are highly mobile, including migrant and homeless children; or
(3) are suspected of being children with disabilities even though they are advancing from grade to grade.
(b) Each board’s policies and procedures under this regulation shall include age-appropriate screening procedures that meet the
following requirements:
(1) For children younger than five years of age, observations, instruments, measures, and techniques that disclose any potential
disabilities or developmental delays that indicate a need for evaluation, including hearing and vision screening;
(2) for children from ages five through 21, observations, instruments, measures, and techniques that disclose any potential
exceptionality and indicate a need for evaluation, including hearing and vision screening as required by state law; and
(3) implementation of procedures ensuring the early identification and assessment of disabilities in children.
(d) Each board, at least annually, shall provide information to the public concerning the availability of special education services for
exceptional children, including child find activities conducted by the board.
(e) Each agency shall ensure that the collection and use of data under this regulation are subject to the confidentiality requirements of
K.A.R. 91-40-50
and amendments thereto.
C. GENERAL EDUCATION INTERVENTION (GEI) FOR CHILDREN FROM KINDERGARTEN
THROUGH AGE 21
For children in kindergarten through age 21, Kansas screening laws require that schools utilize observations,
instruments, measures, and techniques that disclose any potential exceptionality and indicate a need for evaluation,
including hearing and vision screening, and age-appropriate assessments for school-aged children designed to
identify possible physical, intellectual, social or emotional, language, or perceptual differences. Screening must be
available for children in public schools, private schools, or for children who are homeschooled. For children of school
age attending a private elementary or secondary school, the district in which the private school is located is
responsible for child find for children who are residents and non-residents of the district who may be attending the
private school (K.S.A. 72-966(a)(1); 34 C.F.R. 300.131(a)).
In Kansas, this screening is conducted, in part, through the required implementation of general education intervention
(GEI). The purpose of GEI is to intervene early for any child who is presenting academic or behavioral concerns.
This early intervention leads to a better understanding of the supports children need in order to be successful in the
general education curriculum and school setting. Additionally, the data collected during GEI assists school personnel
in determining which children may be children with potential exceptionalities who need to move into initial evaluation
for special education. Collaboration between special education and general education staff is an important part of
the general education intervention process. Both special education and general education personnel must be
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involved in this building-level, school-wide activity (K.A.R. 91-40-7(c), however, some services provided by special
education staff may not be fully reimbursable.
State Regulation:
K.A.R. 91-40-7(c)
(c) Any board may refer a child who is enrolled in public school for an evaluation if one of the 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.
1.
Conducting GEI
The No Child Left Behind Act (NCLB) and IDEA place a strong emphasis on using scientifically research-based
interventions, as appropriate, for children in general education. NCLB defines scientifically research-based as
“research that involves the application of rigorous, systemic, and objective procedures to obtain reliable and valid
knowledge relevant to education activities and programs” (Federal Register, August 14, 2006, p. 46683). These
practices and programs apply to all schools and all children in general education. Kansas’ requirement to implement
GEI supports this emphasis on providing the intensity of instructional support in proportion to the presenting needs of
children through methods of analyzing child data, implementing scientifically research-based interventions, and
monitoring child progress. (See Appendix A, Figure 2-2, General Education Interventions (GEI))
The GEI process should continue until a successful intervention is determined, when it is evident that the successful
intervention requires resources beyond those available in general education, and/or when the team suspects the
child is a child with an exceptionality (disability or giftedness). At any time during GEI, the team responsible for
planning and implementing the interventions has three decisions that may be made:
a) Continue the intervention and monitor child progress
b) Change or modify the intervention and monitor child progress
c) Change or modify the intervention, monitor child progress, and carry the child into initial evaluation.
It should be made clear here that the process of continually designing and re-designing supports for children is one
that does not end until the child is successful. Even when the decision has been made to move from GEI into an
initial evaluation, the intervention process should not stop. Rather, it becomes part of the evaluation process.
Kansas regulations provide additional information which describes when a school may refer a child for an initial
evaluation:
a) 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.
b) School personnel have data-based documentation that indicates that prior to, or as a part of the referral, the
following were met:
i.
the child was provided appropriate instruction in regular education settings that was delivered by
qualified personnel;
ii. the child’s academic achievement was repeatedly assessed at reasonable intervals which reflected
formal assessment of the child’s progress during instruction;
iii. the assessment results were provided to the child’s parents; and
iv. the assessment results indicate an evaluation is appropriate. (K.A.R. 91-40-7(c))
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As indicated previously, GEI may be carried out through a school-wide approach of providing a multi-tiered system of
scientifically, research-based
interventions for all children (e.g. MTSS) or through an individual child problem solving
approach. Regardless of the approach used, the focus should be on designing supports for children who need
additional assistance in order to be successful in the general education curriculum and environment.
The following provides a brief comparison of the two approaches (i.e. school-wide multi-tiered system of supports or
individual child problem-solving) that may be used to conduct GEI, and ultimately, yield the data that may be used to
make the decisions as to whether or not a child should be moved on to an initial evaluation.
2.
School-Wide Multi-Tiered System of Supports Approach to GEI
The law allows schools to use a process that assesses a child’s response to scientific, research-based intervention to
determine whether the child is making sufficient progress to meet age or State-approved grade-level standards.
Kansas encourages schools to use a school-wide, multi-tiered model of support for all children including both
academic and behavioral concerns. In Kansas, this is supported through the Multi-tiered System of Support (MTSS)
which includes both School-Wide Academic Supports (SWAS) and School-Wide Positive Behavior Supports
(SWPBS). The following briefly explains the multi-tiered aspect of the school-wide approach.
Tier 1:
All children receive a core instructional program that uses a scientifically validated curriculum that is provided
for all students. Schools choose curricula that have evidence of producing adequate levels of achievement (i.e.,
research-based) and instruction is differentiated within the core to meet a broad range of student needs. Therefore,
interventions are provided via the general curriculum. Universal screening of all children to monitor progress and to
identify children who may need additional support is conducted. Approximately eighty percent of children in the
school will be successful in the general curriculum.
Tier 2:
Those children who do not respond to the core instructional procedures will receive targeted group
interventions in addition to core instruction. More frequent measures of progress monitoring are used to collect child
progress data. Approximately fifteen percent of children in the school will need targeted (supplemental) support.
Tier 3:
A few children receive intensive, individualized interventions. These may be in addition to, or instead of the
supports provided in Tier 1 and Tier 2 depending on the needs of the child. Interventions will be more intensive and
delivered in more substantial blocks of time. Approximately five percent of children in the school will need this kind
of intensive support.
The graphic below depicts a school-wide approach of providing a multi-tiered system of intervention.
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Within a school-wide multi-tiered system such as that depicted above, children will receive GEI as a part of the
system in place for all students. Data collected at each tier should guide school personnel as to the next steps to
take based on the child’s response to interventions tried. At least by the time a child is ready to access the more
intensive supports of Tier 3, the school should employ the use of individualized problem solving to design the
intensive individualized support the child will receive as well as a plan to monitor the child’s progress and document
the child’s response to the scientifically research-based interventions. The approach of individual child problem-
solving is therefore a component of the larger school-wide system, or it may stand alone as a method to conduct GEI
as outlined below.
3.
Individual Problem-solving Approach to GEI
This process is typically carried out through building level problem-solving teams. These teams function with the
intent to provide support to any child who may be experiencing difficulty (academic or behavior) and to work to
improve the overall achievement of all children in the school. Typically, these teams facilitate the problem-solving
process which results in the development of an intervention plan which documents the child’s area of concern, the
interventions implemented, the data reflecting the child’s response to the intervention, and the recommendations as a
result of the child’s response to the intervention.
The problem-solving conducted by these teams may vary, however, there should be at least four basic steps
common to the process used by schools. All steps should include parent involvement – not just informing parents,
but including them in decision-making whenever possible. Additionally, parents are to be provided with copies of the
child data collected as interventions are tried and monitored for children.
The following outlines the four basic steps of problem solving and indicates briefly what happens at each step.
STEP 1. Problem Identification
a. Precisely define the problem
b. Measure the skill or behavior in the natural setting to establish baseline performance.
c. Estimate the severity of the problem (use age norms or compare to peers)
d. Establish expectations for the child
STEP 2. Problem Analysis
a. Analyze antecedent, situational, and consequent conditions
b. Use ICEL components (instruction, curriculum, environment, learner) to analyze the problem
c. Collect additional data as needed to understand the cause of the problem.
STEP 3. Develop and Implement an Intervention Plan
a. Formulate a plan that uses scientific research based interventions designed to target the cause of the
presenting problem.
b. Establish intervention goals
c. Develop a plan for monitoring progress which specifies the child data to be collected and the schedule
for collecting it. Decide how the data will be displayed (e.g. chart/graph) to facilitate evaluation.
d. Implement the plan with treatment integrity and frequent monitoring of progress
STEP 4. Evaluate and Revise Plan
a. Review progress monitoring data to determine if enough progress has been made by repeating Step 1.
b. If expectations have not been met, repeat Step 2 to further analyze the problem.
c. Revise current intervention or select a new intervention including components of Step 3
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D. DATA COLLECTION AND DOCUMENTATION FOR GENERAL EDUCATION INTERVENTIONS
GEI has been a requirement in Kansas since 2000, however, with the most recent reauthorization of IDEA and the
subsequent Kansas regulations, the requirements for GEI have been strengthened. Before a child may be referred
for a special education evaluation, school personnel are now required to have
data-based documentation that:
(1) general education interventions and strategies would be inadequate to address the areas of concern for the
child,
or
(2) the child was provided appropriate instruction in regular education settings that was delivered by qualified
personnel;
and
(3) the child’s academic achievement was repeatedly assessed at reasonable intervals which reflected formal
assessment of the child’s progress during instruction. (K.A.R. 91-40-7(c))
In either case, there must be data-based documentation that provides a basis for determining that a special
education evaluation is warranted.
It should rare that documentation would indicate that GEI and strategies would be inadequate to address the areas of
concern for the child. This would most likely occur in an instance where a child with an obvious disability has for whatever
reason not been identified previously. Another example might be for a child who has recently sustained a Traumatic Brain
Injury. Of course in situations such as these it would be inappropriate to delay further evaluation to determine the child’s
need for special education. In these cases, the data used for documentation that GEI would be inadequate to address
the needs of the child might come from medical records, previous school records, observations, parent and teacher
reports, etc. However, in cases such as this, even though it is appropriate to move directly to evaluation, it is
recommended that GEI and strategies occur as part of the child’s special education evaluation so that the team may
collect data to determine what the best instructional approach for the child might be.
In most cases, school personnel will be documenting data from the GEI and strategies that have been tried. Schools
must have data-based documentation that: (1) appropriate instruction was provided to the child, (2) the child was
provided appropriate instruction was delivered by qualified personnel in regular education settings; (3) the child’s
academic achievement was repeatedly assessed at reasonable intervals which reflected formal assessment of the
child’s progress during instruction; and (4) the instructional strategies used and the student-centered data collected.
The data to document that appropriate instruction was provided to the child may include evidence that the school’s
curriculum has a solid research base and that it contains, for example in reading, the essential components of
reading instruction as defined in the No Child Left Behind Act.
Additionally, data could include the extent to which instruction has been delivered by qualified teachers. Other data
may include evidence that the child has regularly attended school in order to access instruction. The data to
document the educational interventions and strategies that have been implemented may include records such as
intervention plans that indicate the interventions and strategies selected and implemented for a given child. The
requirement to provide data-based documentation of the repeated assessments of child progress during instruction
(i.e. progress monitoring) is perhaps the most important of all. Progress monitoring data is used to evaluate the
effectiveness of the intervention; to determine the intensity of interventions and resources needed to support child
learning; and, provides a basis for school personnel to make decisions during intervention. Documentation of
progress monitoring may include charts/graphs or records of other systematic data collection. This documentation
must also include evidence parents were provided with the results of the assessment of child progress and that those
results indicate that an evaluation is appropriate.
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Additional documentation is required for schools that utilize a school-wide multi-tiered system of support approach to
providing GEI. In addition to the data described above, the school must document that the child’s parents were
notified about:
The State’s policies regarding the amount and nature of child 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 parents’ right to request an evaluation (K.A.R. 91-40-10(f)(2); 34 CFE 300.311(a)(7)(ii)).
(See Appendix A, Figure 2-3, State Policy on MTSS for Parents)
Although this documentation is required only if the child goes on for an initial evaluation and the child is subsequently
placed as having a learning disability, schools should be aware of this so that it may be attended to. It is
recommended to any school that utilizes a school-wide approach that they publish information about their system.
This not only provides a way for the school to discuss its multi-tiered system of support for all children, but also
insures that documentation requirements may be met should some children go on for evaluation and placement as
having a learning disability. Some ways to accomplish this additional requirement might include providing information
to parents through methods such as:
School or student handbooks
Annual child find notifications
Brochures about the school’s RtI system
In addition to the broad dissemination required for all schools using an school-wide multi-tiered system of supports
approach, schools may also choose to establish guidelines in their school system regarding how and when
information will be shared more specifically with parents of children receiving supplemental support (i.e., Tier 2, Tier
3, etc.). It is important that parents be invited to fully participate in the intervention process for their child. This
practice of involving parents from the beginning when additional interventions are necessary provides a way for the
school and the parent to establish a foundation upon which to face future decisions that may arise.
State Regulations:
K.A.R. 91-40-10
(f) if the child has participated in a process that assesses the child's response to scientific, research-based intervention, the evaluation report
shall also address the following matters:
(1) The instructional strategies used and the student-centered data collected; and
(2) the documentation that the child's parents were notified about the following:
(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
(C) the parents’ right to request an evaluation.
E. REFERRAL FOR INITIAL EVALUATION
Screening and GEI are child find activities, and either process may result in the determination that an initial
evaluation for special education is needed. Most decisions to move forward into initial evaluation will come as a
result of these processes. However, there are instances when requests for evaluation may be made by parents or by
adult students. The following describes the procedures to be used when such requests occur:
1.
Referral from Parents: Parents have requested an evaluation. The request may be oral or written. The
school may set a policy as to how a referral is to be made. The school must respond to the request within a
reasonable period of time, which has been interpreted by the KSDE as being no more than 15 school days.
The building principal or person designated to respond to parent requests for evaluations, should explain to
the parents the following:
(a) They have the right to go directly to an evaluation; and
(b) A GEI process that precedes an initial evaluation is available to assist in determining the specific
concerns and needs of their child. This includes the right of the parents to participate in the GEI
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process. Parents may elect to have their child participate in GEI prior to the evaluation, or, if the
parents request the initial evaluation be conducted without waiting for general education interventions to
conclude, the general education intervention process may be conducted as part of the initial evaluation.
(c) The school may refuse to conduct the evaluation. The Prior Written Notice would explain why the
school refuses to conduct the evaluation.
2.
Self-referral from an adult student: A student 18 years of age or older has requested an evaluation. The
school must respond to the request within a reasonable period of time which has been interpreted by the
KSDE as being no more than 15 school days. The building principal, or person designated to respond to
student requests for evaluations, should explain the following to the student:
(a) S/He has the right to go directly to an evaluation; and
(b) A GEI process that precedes an initial evaluation is available to assist in determining the specific
concerns and needs of the student. This includes the right of the student to participate in the GEI
process. The student may elect to participate in GEI and not pursue the evaluation, or, if the student
request the initial evaluation be conducted without waiting for general education interventions to
conclude, the general education intervention process may be conducted as part of the initial evaluation.
(c) The school may refuse to conduct the evaluation. The Prior Written Notice would explain why the
school refuses to conduct the evaluation.
Regardless of how the decision to move forward with an initial evaluation is made, it is crucial that the school have a
process which will insure that all data collected prior to the evaluation (i.e., data collected as part of screening, or
GEI) is provided to the evaluation team. This insures the evaluation team has a basis for understanding what
additional data may be need to be collected as the initial evaluation process goes forward. Chapter 3 details all of
the procedures and requirements that must be met at the time the child moves into the initial evaluation.
F. EARLY INTERVENING SERVICES
The federal office of education states that the use of some Part B funds for early intervening services has the
potential to benefit special education, as well as the education of other children, by reducing academic and
behavioral problems in the regular education environment and reducing the number of referrals to special education
that could have been avoided by relatively simple regular education interventions (Federal Register, August 14, 2006,
pp. 46626-46627). These early intervening services are not the same as “early intervention” services under the Part
C, Infant-Toddler program, or child find activities, and are not available for preschool children ages 3 and 4, or 5 year
olds not in kindergarten.
The district may carry out a variety of activities including:
1. Professional development (which may be provided by entities other than the district) for teachers and other
school staff to enable such personnel to deliver scientifically-based academic and behavioral interventions,
including scientifically-based literacy instruction, and, where appropriate, instruction on the use of adaptive
and instructional software; and
2. Providing educational and behavioral evaluations, services and supports, including scientifically based
literacy instruction.
For additional information on utilizing Part B funds for early intervening services in Kansas Statute 72-965 and
Appendix D to Federal Regulations, August 14, 2006.
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State Statute:
K.S.A. 72-965
(c) (1) Each board may use up to 15% of the amount it receives each year under the federal law to develop and implement
coordinated, early intervening services for students in kindergarten through grade 12, with a particular emphasis on
students in kindergarten through grade 3, who have not been identified as needing special education or related services but
who appear to need additional academic and behavioral support to succeed in a general education environment.
(2) In implementing coordinated, early intervening services under this subsection, a board may carry out activities that include:
(A) Providing professional development for teachers and other school staff to enable such personnel to deliver
scientifically based academic instruction and behavioral interventions, including scientifically based literacy
instruction and, where appropriate, instruction on the use of adaptive and instructional software; and
(B) providing educational and behavioral evaluations, services and supports, including scientifically based literacy
instruction.
(3) Each board that develops and maintains coordinated, early intervening services under this subsection shall annually report to
the department:
(A) The number of students served under this subsection; and
(B) the number of students served under this subsection who subsequently receive special education and related services
under this title during the 2-year period preceding each report.
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QUESTIONS AND ANSWERS ABOUT SCREENING
AND GENERAL EDUCATION INTERVENTION (CHILD FIND)
1. Who is responsible for child find
?
KSDE has policies and procedures in place to ensure that all children with exceptionalities residing in the State,
including children with exceptionalities attending public or private schools, are home schooled; are highly mobile,
including migrant and homeless; or are wards of the State, and who are in need of special education and related
services are identified, located, and evaluated. Local school districts are required to conduct ongoing public
notice, screening, general education interventions, and evaluation to ensure that Kansas children from birth to
age 5 with disabilities, and children from kindergarten through age 21 with exceptionalities are identified
appropriately. For children of school age attending a private elementary or secondary school, the district in
which the private school is located is responsible for child find for children who are residents and non-residents
of the district who may be attending the private school. For preschoolers, the school district where the child
resides is responsible for child find, even if the child attends preschool or child care in another district. This
responsibility to conduct child find efforts for children from birth through age 2 is shared with the Part C Infant-
Toddler program.
2. May special education staff participate in the general education intervention process,
without jeopardizing their special education funding?
Questions often arise about who can work with a student to provide what type of support at what point in the GEI
process and how that fits with funding restrictions. It is the responsibility of both general and special educators
to carry out GEI. Further, because child find is required by special education law and GEI is Kansas’ method of
conducting child find for school age children, it is expected that special educators will, in part, support carrying
out GEI. This may include special educators providing such things as assisting in collecting student data,
participating in the analyses of data to determine next steps, and the provision of interventions, however, there
are parameters with regard to funding to be attended to. Those parameters are outlined in the Special
Education Reimbursement Guide for State Categorical Aid (See
www.kansped.org ).
3. How does an intervention plan developed during general education interventions
differ from other plans?
The general education intervention plan contains information that documents a student’s area(s) of concern, the
scientific, research-based intervention(s) to be tried, the data to be collected to monitor the effectiveness of the
intervention(s), and the impact of the intervention(s). It should include data that demonstrate that the child was
provided appropriate instruction in general education settings, delivered by qualified personnel; and data-based
documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment of
student progress during instruction. (See additional details about specific documentation in Section D of this
chapter.) Additionally, it also provides documentation of the student’s progress in the general education
curriculum and documents the extent of the involvement of special education resources in developing,
implementing, and monitoring the intervention(s). This information becomes part of the data used to determine
eligibility for special education if the student is referred for an initial evaluation. The general education
intervention plan is to be provided to the child’s parents but parental consent is not required.
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4. What is the timeline for the general education intervention process?
There is no rule of thumb for a timeline. The area(s) of concern and the nature of the interventions attempted
will be the determining factors. The team will develop a plan that includes a timeline appropriate for each
student. If it appears that the interventions involve intense or sustained resources, or if the team suspects the
child may have an exceptionality, the team must make a referral for an initial evaluation.
5. Are there situations when the general education intervention process for children K-
12 would not be used?
Usually, the general education intervention process occurs prior to a student being referred for an initial
evaluation. However, under some circumstances, it would not be necessary to begin with the general education
intervention process before referring the student for an initial evaluation. This would most likely occur in an
instance where a student with an obvious disability has not been identified previously. Another example might
be for a student who has recently sustained a Traumatic Brain Injury. Of course in situations such as these it
would be inappropriate to delay further evaluation to determine the student’s need for special education. In
these kinds of cases, the data used for documentation that GEI would be inadequate to address the needs of the
student might come from medical records, previous school records, observations, parent and teacher reports,
etc. However, in cases such as this, even though it is appropriate to move directly to evaluation, it is
recommended that GEI and strategies occur as part of the student’s special education evaluation so that the
team may collect data to determine what the best instructional approach for the student might be.
6. What happens to the information gathered about the child after the child find
activities have been conducted?
If either the screening or general education intervention process is used to make a referral for an initial
evaluation, the information may become part of the data used to determine eligibility during the initial evaluation
process. However, screening information may not be the only
information used to determine eligibility. Thus, it
becomes part of the student’s record, regardless of whether the student is eligible or not. Likewise, even if the
screening or general education intervention process did not result in a referral for an initial evaluation, the
information would be retained for documentation in the event that future issues arise. For example, if a student
is later suspended or expelled and the parents assert that the student should have been receiving special
education services because s/he has a disability, this information would be very helpful for the school to have.
What decisions were made in the past, and upon what basis? These records might avert potential lawsuits.
Because the screening information contains personally identifiable information about the child, it is confidential
and must be kept in a secure location, according to FERPA requirements. See Chapter 9 for additional details.
7. At what point does the screening of a school age child through GEI become an
evaluation for special education which signals the protections of procedural
safeguards and due process?
Federal requirements indicate that the screening of a student to determine appropriate instructional strategies for
curriculum implementation shall not be considered to be an evaluation for eligibility for special education and
related services (34 C.F.R. 300.302). Further explanation in comments to the federal regulations indicates that
screening refers to a process that a teacher or specialist uses to determine appropriate instructional strategies.
The comments go on to describe screening as typically being a relatively simple and quick process that is used
to determine strategies to more effectively teach children. This would include examples of such things as
universal screening and progress monitoring tools (e.g. DIBELS, etc.) that yield information teachers may use to
more appropriately select interventions tailored to a student’s area of academic need, observations of children in
various environments from which analyses of behavior patterns may occur in order to direct staff to appropriate
intervention selection, and diagnostic tools which assist school personnel in a deeper understanding of the
student’s presenting concern so that more effective interventions may be selected. It should be made very clear
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here that the latitude given by this regulation is NOT to be interpreted as a way to circumvent other regulations
pertaining to evaluation. The difference between screening and evaluation is the intent
of the activities. If the
intent of the activities is to determine instructional strategies, that constitutes screening. It is clear in the
regulation and subsequent comments that the ONLY activities that may be considered screening are those
activities which result directly in information to be used solely for the purpose of designing instructional
strategies. At any point that the intent changes to seek to determine if the student is a child with an
exceptionality or if the student is in need of special education, that is
evaluation and all due process protections
come into play. At that point, parents must be contacted to seek consent for initial evaluation.
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CHAPTER 3
INITIAL EVALUATION AND ELIGIBILITY
INTRODUCTION
As discussed in Chapter 2, the Kansas child find process is intended to identify children who may be in need of
special education services. Child find includes early childhood screening for young children from birth to age 5, and
general education interventions (GEI) for children enrolled in kindergarten through 12
th
grade. Information obtained
from screening and general education interventions will assist teams in making decisions about referrals for initial
evaluation. An appraisal of the extent of the presenting concern, the effectiveness of interventions tried, and the
degree to which the interventions require substantial resources are important to consider when deciding whether a
child should be referred for possible special education services, and are essential in planning and conducting the
initial evaluation after a referral has been made. When teams conducting general education interventions begin to
question whether the child might be a child with an exceptionality, or when the team begins to question whether the
child might need special education and related services, then a referral for an initial evaluation needs to be
considered.
An initial evaluation involves the use of a variety of assessment tools and strategies to gather relevant functional,
developmental and academic information to assist in determining if the child is eligible for special education. A two-
pronged test for eligibility: (1) whether the child is a child with an exceptionality (disability or giftedness); and (2) by
reason thereof, has a need for special education and related services, has driven eligibility decisions for many years.
However, it is clear more than ever in the law that evaluations must also determine the present levels of academic
achievement and functional performance (related developmental needs) of the child (K.S.A. 72-986(b)(1); K.A.R. 91-
40-8(a)(c)(2); 34 C.F.R. 300.305(a)(2)(i)(ii)(iii)). This shifts the focus of the initial evaluation from access to services
to what the child needs to enable him or her to learn effectively and to participate and progress in the general
education curriculum.
This chapter includes information on the required elements of the process to conduct an initial evaluation and
determine eligibility, and also suggests ways to synthesize the team process at the building level. The initial
evaluation process begins when a referral for initial evaluation is made and applies to all children beginning at age 3.
The following topics related to initial evaluation are discussed within this chapter:
A. Referral for Initial Evaluation
B. Prior Written Notice and Request for Consent
C. The Evaluation Team
D. Timeline for Conducting the Initial Evaluation
E. Conducting the Evaluation
F. Eligibility Determination and Documentation
G. Prior Written Notice for Identification
H. Independent Educational Evaluation

Figure 3-1
INITIAL EVALUATION
REFERRAL Received from Screening,
General Education Intervention Process
or Parent Request
PRIOR WRITTEN NOTICE provided
and CONSENT Obtained
IEP DEVELOPED AND IMPLEMENTED
If the Child is Found Eligible
CHILD NOT ELIGIBLE
Other intervention plan developed
ELIGIBILITY REPORT
Provided to Parents
PARENT RIGHTS
Provided at time of referral
EVALUATION / REEVALUATION
Conducted
ELIGIBILITY
Determined by Team
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A. REFERRAL FOR INITIAL EVALUATION
Referrals for initial evaluation may come from a variety of sources. These include:
ƒ
Early Childhood Screening
ƒ
Part C Infant-Toddler Program
ƒ
General Education Intervention Team (individual problem-solving team)
ƒ
Parents
ƒ
Self-referral by adult student
A referral for an initial evaluation is made whenever it is suspected that a child may be a child with an exceptionality.
For a preschool child the referral may be a result of screening described in 91-40-7(b), or from a Part C Infant-
Toddler program. A school age child would participate in general education interventions (GEI) prior to the referral.
As a result of GEI, the school would have data-based documentation of repeated assessments of achievement at
reasonable intervals, that indicate the instruction and educational interventions and strategies presented to the child
in the general education setting were not adequate and indicated an evaluation for special education is appropriate
(K.A.R. 91-40-7(b)(c); 34 C.F.R. 300.309(c)(1)). A parent or adult student may request an evaluation at any time.
Upon referral for an initial evaluation, regardless of the source, the first action the school must take is to provide the
parents, or the adult student, a copy of the Parent Rights Notice (procedural safeguards) available to them (K.S.A.
72-988(e); 34 C.F.R. 300.503). (See Appendix A, Figure 1-2, Parent Rights Notice, or
www.kansped.org .)
State Statute:
K.S.A. 72-988(e)
(e) A list of the rights available to the parents of exceptional children shall be given to the parents only one time each school year, except a
copy also shall be given to the parents: (A) Upon initial referral or parental request for evaluation; (B) upon request of a parent; and (C)
upon the initial filing of a complaint under subsection (b)(4).
State Regulations:
K.A.R. 91-40-7
(b) Each board’s policies and procedures under this regulation shall include age-appropriate screening procedures that meet the following
requirements:
(1) For children younger than five years of age, observations, instruments, measures, and techniques that disclose any potential
disabilities or developmental delays that indicate a need for evaluation, including hearing and vision screening;
(2) for children from ages five through 21, observations, instruments, measures, and techniques that disclose any potential
exceptionality and indicate a need for evaluation, including hearing and vision screening as required by state law; and
(3) implementation of procedures ensuring the early identification and assessment of disabilities in children.
(c) Any board may refer a child who is enrolled in public school for an evaluation if one of the following conditions is met:
(A) (1) School personnel have data-based documentation indicating 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 indicating that before the referral or as a part of the referral, all of the following
conditions were met:
(A) The child was provided with appropriate instruction in regular education settings that was delivered by qualified personnel.
(B) The child's academic achievement was repeatedly assessed at reasonable intervals that reflected formal assessment of the student's
progress during instruction.
(C) The assessment results were provided to the child's parent.
B PRIOR WRITTEN NOTICE AND REQUEST FOR CONSENT
Whenever a child has been referred for an evaluation, the school must provide Prior Written Notice to the parents
that describe any evaluation procedures the school proposes to conduct (K.S.A. 72-988(b)(2); 34 C.F.R. 300.304(a)).
In addition, there are standard components of content the notice must also contain. The purpose of providing notice
to the parents is so they understand what action the public agency is proposing (in this case, to conduct an initial
evaluation) and the basis used for determining the action is necessary. The Prior Written Notice must include:
1) A description of the action proposed by the agency,
2) An explanation of why the agency proposes the action,
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3) A description of each evaluation procedure, assessment, record, or report the agency used as a basis for
the proposed action,
4) A statement that the parents have protection under the procedural safeguards and how a copy of the
procedural safeguards can be obtained,
5) Sources for parents to contact to obtain assistance in understanding their procedural safeguards, and
6) A description of other options considered and the reasons why those options were rejected; and,
7) A description of other factors that is relevant to the agency’s proposal. (K.S.A. 72-990; 34 C.F.R.
300.503(b))
Additionally, if the notice is to propose to conduct an initial evaluation, the notice must describe any evaluation
procedures that the school proposes to conduct (K.S.A. 72-986(b); K.A.R. 91-40-27(b); 34 C.F.R. 300.304(a)(1)).
(See Appendix A, Figure 1-5a, Prior Written Notice for Evaluation or Reevaluation form or
www.kansped.org
.)
The notice must be written in language understandable to the general public and provided in the native language of
the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so. If the native
language or other mode of communication of the parent is not a written language, the LEA must take steps to ensure
that the notice is translated orally or by other means to the parent in his or her native language or other mode of
communication, that the parent understands the content of the notice. The school must have written evidence that
this has been done (K.A.R. 91-40-26(b)(c); 34 C.F.R. 300.503(c)).
1.
Preparing the Prior Written Notice
After the school receives the referral for an initial evaluation the school staff may engage in preparatory activities to
determine the content of the proposal to conduct an initial evaluation. The school staff will consider information
provided in the referral or in the parent request for an evaluation and in the child’s file including information collected
during general education interventions. Based on this information the school staff will determine whether they will
propose to conduct an evaluation and what procedures the evaluation will include (such as existing or new
assessment tools and strategies). The staff will then prepare the Prior Written Notice of proposed action to provide to
the parent. In some cases, the school staff may determine that there is not enough evidence to support conducting
an initial evaluation and would, therefore, refuse to conduct the initial evaluation.
When preparing the prior written notice, the team must plan which assessments and other evaluation measures may
be needed to produce the data needed to meet the requirements of eligibility determination (K.A.R. 91-40-8(e)(1); 34
C.F.R. 300.305(c)). Every evaluation should be approached and designed individually based on the specific concerns
of the child to be evaluated. Thoughtful planning is required to insure that the team will use appropriate tools to
collect the data needed, while eliminating time spent collecting information that is either unnecessary or overly time-
consuming for no clear purpose. It would be inappropriate to use the same battery of assessments for all children or
to rely on any single tool to conduct an evaluation.
To insure that enough data will be collected as part of the evaluation, teams are reminded of the importance of using
a variety of assessment tools and strategies to collect relevant functional, developmental, and academic information
about the child. There are also requirements that each child be observed in the child’s learning environment which
will also need to be included on the Prior Written Notice. We must insure that each evaluation is sufficiently
comprehensive to identify all of the child’s special education and related services needs. All appropriate domains
should be considered via review of screening and/or GEI data. If potential educationally related deficits are
suggested by screening, then the evaluation team must provide in-depth assessment in the domain. If screening
suggests adequate functioning, then in-depth assessment may be wasteful and irrelevant. In addition to these
considerations, teams are reminded that they must provide information to rule out any exclusionary criteria when
making eligibility decisions, and therefore should plan to collect any needed information related to issues considered
in the exclusionary criteria.
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The first activity the evaluation team should conduct is a review of existing data. The evaluation team needs to
consider all data that is currently available including evaluations and information provided by the parents, current
classroom-based, local, or State assessments, and classroom-based observations, and observations by teachers
and related service providers; and the child’s response to scientifically, research-based interventions, if implemented.
The review of existing data, as part of the evaluation, may be conducted without a meeting and without consent from
the parents (K.A.R. 91-40-8(c)(d); K.A.R. 91-40-27(e); 34 C.F.R. 300.305(b); 34 C.F.R. 300.300(d)(1)).
The purpose of reviewing existing data is to identify what additional data, if any, are needed to determine:
a.
if the child is a child with an exceptionality;
b. whether the child needs special education and related services;
c. the educational needs of the child;
d. the present levels of academic achievement and functional performance (related developmental needs) of
the child; and
e. whether any additions or modifications to the special education and related services are needed to enable
the child to meet the measurable goals set out in the IEP and to participate, as appropriate, in the general
education curriculum. (K.A.R. 91-40-8(c); K.S.A. 72-986(i)(2); 34 C.F.R. 300.305(a)(2))
At the time of the review of existing data the team should also consider whether any additional data will need to be
collected to insure that when the evaluation team meets to determine eligibility, they will have a clear understanding
of any potential exclusionary factors. We must not determine a child to be a child with an exceptionality if the
determinant factor is lack of instruction in reading, including the essential components of reading instruction; lack of
appropriate instruction in math; or limited English proficiency (K.A.R. 91-40-10(c); 34 C.F.R. 300.306(b)), therefore it
is important to plan for each evaluation to yield information to allow these determinations to occur.
In addition to the exclusionary factors discussed above, there are additional requirements to consider when
evaluating a child suspected of having a specific learning disability. To ensure that underachievement in a child
suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or math, the
group must consider, as part of the evaluation:
(1) Data that demonstrate that prior to, or as a part of, the referral process, the child was provided appropriate
instruction in regular education settings, delivered by qualified personnel; and
(2) Data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting
formal assessment of child progress during instruction, which was provided to the child’s parents. (K.A.R.
91-40-7(c)(3); 34 C.F.R. 300.309(b))
Appropriate instruction in reading includes the essential components of reading instruction as defined in section
1208(3) of NCLB as phonemic awareness, phonics, vocabulary development, reading fluency including oral reading
skills, and reading comprehension strategies. Often this information will have been collected before a child is
referred for an initial evaluation; however, it is important that the team learns whether or not the data exists and plan
to collect it as part of the evaluation if it has not been collected prior to the evaluation.
After the team has reviewed the existing data, there must be a determination of what data, if any, will be collected
during the evaluation. The Prior Written Notice will be completed to reflect the data that will be collected as part of
the evaluation. (See Appendix A, Figure 1-5a or 1-5b, Prior Written Notice and Request for Consent for Evaluation)
a.
Requirements if No Additional Data are Needed
If the team has determined that no additional data are needed to determine whether the child is a child with an
exceptionality, and to determine the child’s educational needs, the school must notify the parents
(1) of that determination and the reasons for it; and
(2) the right of the parents to request an assessment to determine whether the child is a child with an
exceptionality, and to determine the educational needs of the child (K.A.R. 91-40-8(e)).
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The school district is not required to conduct the assessment described in (2) above unless requested to do so by the
child’s parents. In addition, if the parents request an assessment of their child, the school district may refuse to do
so, but it must provide the parents with Prior Written Notice of the refusal to conduct the assessment and the reasons
for the refusal. The parents may request mediation or due process if they want the assessment conducted. (See
Appendix A, Figure1-5a, 1-5b, Prior Written Notice and Consent for Initial Evaluation, and 3-3, No Additional Data
Needed form)
b.
Requirements if Additional Data are Needed
If the team has determined that additional data are needed, the team should plan who will collect it and plan to insure
all data will be collected within the evaluation timeline. The procedures to be used to collect the data should be
described on the Prior Written Notice for the initial evaluation and provided to the parents for their consent.
State Statute:
K.S.A. 72-986
(i) As part of an initial evaluation, if appropriate, and as part of any reevaluation under this section, the IEP team and other
qualified professionals, as appropriate, shall:
(1) Review existing evaluation data on the child, including evaluations and information provided by the parents of the child, current
classroom-based assessments and observations, and teacher and related services providers’
observations; and
(2) on the basis of that review, and input from the child’s parents, identify what additional data, if any, are needed to determine: (A)
Whether the child is an exceptional child and the educational needs of the child, or in the case of a reevaluation of a child, whether the
child continues to be an exceptional child and the current educational needs of the child; (B) the present levels of academic and related
needs of the child; (C) whether the child needs special education and related services; or in the case of a reevaluation of a child, whether
the child continues to need special education and related services; and (D) whether any additions or 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.
Kansas Regulations:
K.A.R. 91-40-8(c)(d)(e)
(c) As a part of an initial evaluation, if appropriate, and as a part of any reevaluation, each agency shall ensure that members of an appropriate
IEP team for the child and other qualified professionals, as appropriate, comply with the following requirements:
(1) The evaluation team shall review existing evaluation data on the child, including the following information:
(B) current classroom-based, local, and state assessments and classroom-based observations; and
(A) Evaluations and information provided by the parent of the child;
(C) observations by teachers and related services providers.
(2) On the basis of that review and input from the child’s parent, the evaluation team shall identify what additional data, if any, is
needed to determine the following matters:
(A) Whether the child has a particular category of exceptionality or, in the case of a reevaluation of a child, whether the child continues to
have such an exceptionality;
(B) what the present levels of academic achievement and educational and related developmental needs of the child are;
(C) whether the child needs special education and related services, or in the case of a reevaluation of a child, whether the child continues to
need special education and related services; and
(D) whether, in the case of a reevaluation of the child, any additions or modifications to the special education and related services currently
being provided to the child 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.
(d) The team described in subsection (c) may conduct its review without a meeting.
(e) (1) If the team described in subsection (c) determines that additional data is required to make any of the determinations specified in paragraph
(2) of subsection (c), the agency, after giving proper written notice to the parent and obtaining parental consent, shall administer those tests
and evaluations that are appropriate to produce the needed data.
K.A.R. 91-40-10(c)
(c) An evaluation team shall not determine a child to be an exceptional child if the determinant factor for that eligibility determination is the
child’s lack of appropriate instruction in reading or mathematics or limited English proficiency, and if the child does not otherwise qualify as a
child with an exceptionality.
K.A.R. 91-40-27(e)
(e) An agency shall not be required to obtain parental consent before taking either of the following actions:
(1) Reviewing existing data as part of an evaluation, reevaluation, or functional behavioral assessment; or
(2) administering a test or other evaluation that is administered to all children, unless before administration of that test or evaluation,
consent is required of the parents of all children.
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2. Request for Consent
The school must obtain informed consent from the parent of the child before conducting the evaluation (K.A.R. 91-40-
27(a)(1); 34 C.F.R. 300.300(a)). In determining that informed consent is obtained, the following must be insured
(K.A.R. 91-40-1(l); 34 C.F.R. 300.9):
a. The parent has been fully informed of all information relevant to the activity for which consent is being
sought, in his or her native language, or other mode of communication.
b. The parent understands and agrees in writing to the carrying out of the activity for which his or her consent
is sought, and the consent describes that activity and lists the records (if any) that will be released and to
whom.
c. The parent understands that the granting of consent is voluntary on the part of the parent and may be
revoked at any time.
d. 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).
Parental consent for initial evaluation must not be construed as consent for initial provision of special education and
related services.
3.
Failure to Respond or to Provide Consent
The school must make reasonable attempts to obtain consent from the parents to conduct the initial evaluation.
Reasonable attempts are defined as at least 2 contacts by 2 different methods (phone calls, letters, visits, email, etc.)
and documentation of such attempts should be kept including detailed records of telephone calls made or attempted
and the results, copies of written correspondence sent to the parents and their response if any, and visits made to the
parents home or place of employment, and the results, if any, from the parents (K.A.R. 91-40-27(g); K.A.R. 91-40-
17(e)(2); 34 C.F.R. 300.322(d)(1)).
If the parent does not provide (refuses) consent or fails to respond to a request to provide consent for an initial
evaluation, the school may, but is not required to, pursue the initial evaluation by utilizing mediation or by requesting
a due process hearing. The school does not violate its obligation for (provisions of FAPE) Child Find or for
conducting an initial evaluation if it declines to pursue the evaluation (K.A.R. 91-40-27(f)(1)(3); 34 C.F.R.
300.300(a)(3)). Additionally, under the disciplinary protections, the school would not be deemed to have knowledge
of the child’s disability if the parent has not allowed an evaluation or refused services; or the child has been evaluated
and determined not to have a disability (K.S.A. 72-994(c)).
The district is required to locate, identify, and evaluate children who are home schooled, but not required to provide
services unless the child is enrolled in the public school. If the parent of a child who is home schooled or voluntarily
placed in a private school by the parents does not provide consent for the initial evaluation, or the parent fails to
respond to a request to provide consent, the school can NOT use mediation or due process procedures to obtain
consent. In this case the school is not required to consider the child as eligible for services and does not violate the
FAPE requirement (K.A.R. 91-40-27(f)(2); 34 C.F.R. 300.300(d)(4)).
Kansas Statute:
K.S.A. 72-986
(b) An agency shall provide notice to the parents of a child that describes any evaluation procedures such agency proposes to conduct. In
conducting the evaluation, the agency shall:
(1) Use a variety of assessment tools and strategies to gather relevant functional, developmental and academic information, including
information provided by the parent, that may assist in determining whether the child is an exceptional child and the content of the
child’s individualized education program, 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;
(2) not use any single measure or assessment as the sole criterion for determining whether a child is an exceptional child or determining
an appropriate educational program for the child;
(3) use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical
or developmental factors; and
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(4) in determining whether a child has a specific learning disability, not be required to take into consideration whether the child has a
severe discrepancy between achievement and intellectual ability, and may use a process that determines if the child responds to
scientific, research-based intervention as part of the child’s evaluation.
K.S.A. 72-988
(b) The parents of exceptional children shall have the right to:
(2) written prior notice in accordance with K.S.A. 72-990, and amendments thereto, whenever an agency:
(A) Proposes to initiate or change; or
(B) refuses to initiate or change, the identification, evaluation, or educational placement of the child or the provision of a free
appropriate public education to the child;
(e) A list of the rights available to the parents of exceptional children shall be given to the parents only one time each school year, except a
copy also shall be given to the parents:
(A) Upon initial referral or parental request for evaluation;
(B) upon request of a parent; and
(C) upon the initial filing of a complaint under subsection (b)(4).
K.S.A. 72-990. Notice of parental rights; contents.
The notice required by subsection (b)(2) of K.S.A. 72-988, and amendments thereto, shall include:
(a) A description of the action proposed or refused by the agency;
(b) an explanation of why the agency proposes or refuses to take the action;
(c) a description of other options that the agency or IEP team considered and the reasons those options were rejected;
(d) a description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action;
(e) a description of any other factors that are relevant to the agency’s proposal or refusal;
(f) a statement that the parents have protection under the procedural safeguards of this act and, if the notice is not an initial referral for
evaluation, the means by which a copy of the procedural safeguards can be obtained; and
(g) sources for parents to contact to obtain assistance in understanding
the provisions of the federal law and this act.
K.S.A. 72-994
. School district knowledge that child is child with disability prior to determination, when deemed; subjection of child to
disciplinary action, when; evaluation and placement of child.
(a) A child who has not been determined to be eligible for special education and related services under this act and who has engaged in
behavior that violated any rule or code of conduct of the school district may assert any of the protections provided for in this act if the
school district had knowledge, as determined in accordance with this section, that the child was a child with a disability before the
behavior that precipitated the disciplinary action occurred.
Kansas Regulations:
K.A.R. 91-40-1(l)
(l) "Consent" means all of the following:
(1) A parent has been fully informed of all information relevant to the activity for which consent is sought, in the parent's native
language or other mode of communication.
(2) A parent understands and agrees in writing to the carrying out of the activity for which consent is sought, and the consent describes
that activity and lists the records, if any, that will be released and to whom.
(3) A parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time, but if the
parent revokes consent, that the revocation is not retroactive and does not negate an action that has occurred after the consent was given and
before the consent was revoked.
K.A.R. 91-40-17(e)
(e)(1) An agency may conduct an IEP team meeting without parental participation if the agency, despite repeated attempts, has been
unable
to contact the parent or to convince the parent to participate.
(2) If an agency conducts an IEP team meeting without parental participation, the agency shall have a record of the attempts that the
agency made to contact the parent to provide notice of the meeting and to secure the parent's participation. The record shall include at
least two of the following:
(A) Detailed records of telephone calls made or attempted, including the date, time, and person making the calls and the
results of the calls;
(B) detailed records of visits made to the parent's home or homes, including the date, time, and person making the visit and the results
of the visit;
(C) copies of correspondence sent to the parent and any responses receive
(D) detailed records of any other method attempted to contact the parent and the results of that attempt.
K.A.R. 91-40-26. Notice requirements.
(a) In providing any notice to the parents of an exceptional child in accordance with K.S.A. 72-990 and amendments thereto,
regarding action proposed or refused by an agency, the agency shall ensure that the notice includes the following descriptions:
(1) a description of other options the agency considered and the reasons why those options were rejected; and
(2) a description of other factors that are relevant to the agency's proposal or refusal.
(b) The notice shall be
is written in a language understandable to the general public and is provided in the native language of the parent or
other mode of communication used by the parent, unless it is clearly not feasible to do so.
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(c) If the native language or other mode of communication of a parent is not a written language, the agency shall take steps to ensure all of
the following:
(1) The notice is translated orally or by other means to the parent in the parent’s native language or other mode of communication.
(2) The parent understands the content of the notice.
(3) There is written evidence that the requirements of paragraphs (1) and (2) of this subsection have been met.
K.A.R. 91-40-27. Parental consent.
(a) Except as otherwise provided in this regulation, an agency shall obtain written parental consent before taking any of the following
actions:
(1) Conducting an initial evaluation or any reevaluation of an exceptional child;
(2) initially providing special education and related services to an exceptional child; or
(3) making a material change in services to, or a substantial change in the placement of, an exceptional child, unless the change is made
under the provisions of K.A.R. 91-40-33 through 91-40-38, or is based upon the child's graduation from high school or exceeding the age of
eligibility for special education services.
(d) An agency shall not construe parental consent for initial evaluation as parental consent for the initial provision of special education and
related services to an exceptional child.
(e) An agency shall not be required to obtain parental consent before taking either of the following actions:
(1) Reviewing existing data as part of an evaluation, reevaluation, or functional behavioral assessment; or
(2) administering a test or other evaluation that is administered to all children, unless before administration of that test or evaluation,
consent is required of the parents of all children.
(f) (1) If the parent of an exceptional child who is enrolled or is seeking to enroll in a public school does not provide consent for an initial
evaluation or any reevaluation, or for a proposed material change in services or a substantial change in the placement of the parent's child, an
agency may, but is not required to, pursue the evaluation or proposed change by initiating due process or mediation procedures.
(2) If the parent of an exceptional child who is being home schooled or has been placed in a private school by the parent does not
provide consent for an initial evaluation or a reevaluation, or fails to respond to a request to provide consent, an agency may not pursue the
evaluation or reevaluation by initiating mediation or due process procedures.
(3) An agency shall not be in violation of its obligations for identification, evaluation or reevalutation if the agency declines to pursue
an evaluation or reevaluation, because a parent has failed to provide consent for the proposed action.
(4) Each agency shall document its attempts to obtain parental consent for action proposed under this regulation.
(g) An agency shall not be required to obtain parental consent for a reevaluation or a proposed change in services or placement of the child if
the agency has made attempts, as described in K.A.R. 91-40-17(e)(2), to obtain consent but the parents have failed to respond.
(h) An agency shall not use a parent's refusal to consent to an activity or service to deny the parent or child other activities or services offered
by the agency.
C. THE EVALUATION TEAM
Once the consent has been obtained from the parent, a team is formed who will have the responsibility of carrying
out the evaluation process. The membership of the evaluation team are the same as those who would serve on the
child's IEP Team (should the child be found eligible), including the parents. If the child is suspected of having a
specific learning disability the team may include other qualified professionals, as appropriate.
Team members on each evaluation team may differ; however, there are specific members and skills that must be
represented on the team. The make up of this team would include:
The parents of the child;
Not less than one regular education teacher of the child (if the child is, or may be, participating in the regular
education environment); If the child does not have a regular teacher, a regular classroom teacher qualified
to teach a child of his or her age; or if the child is less than school age, an individual qualified to teach a
child of his or her age;
Not less than one special education teacher of the child, or where appropriate, not less than one special
education service provider of the child;
A representative of the local education agency who:
o
Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique
needs of children with exceptionalities,
o
Is knowledgeable about the general education curriculum, and
o
Is knowledgeable about the availability of resources of the public agency;
An individual who can interpret the instructional implications of evaluation results;
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At least one person qualified to conduct individual diagnostic examinations of children; and
At the discretion of the parent or agency, other individuals who have knowledge or special expertise
regarding the child, including related services personnel as appropriate. (K.S.A. 72-962(u); K.A.R. 91-40-
11(a); 34 C.F.R. 300.321; 34 C.F.R. 300.308)
State Statute
K.S.A. 72-962
(u) ‘‘Individualized education program team’’ or ‘‘IEP team’’ means a group of individuals composed of:
(1) The parents of a child;
(2) at least one regular education teacher of the child, if the child is, or may be, participating in the regular education
environment;
(3) at least one special education teacher or, where appropriate, at least one special education provider of the child; (4) a
representative of the agency directly involved in providing educational services for the child who:
(A) Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of
exceptional children;
(B) is knowledgeable about the general curriculum; and
(C) is knowledgeable about the availability of resources of the agency;
(5) an individual who can interpret the instructional implications of evaluation results;
(6) at the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child,
including related services personnel as appropriate; and
(7) whenever appropriate, the child.
91-40-11. Evaluation for specific learning disability; use of response to intervention process.
(a) If a child is suspected of having a specific learning disability and believed to need special education services because of that
disability, the agency shall ensure that the evaluation of the child is made by the child's parent and a group of qualified professionals,
including the following individuals:
(1)(A) The child's regular education teacher or, if the child does not have a regular education teacher, a regular classroom teacher
qualified to teach a child of the child's age; or
(B) for a child of less than school age, an individual who is qualified to teach a child of the child's age; and
(2) at least one person qualified to conduct individual diagnostic examinations of children, including a school psychologist,
speech-language pathologist, or remedial reading teacher.
D. TIMELINE FOR CONDUCTING THE INITIAL EVALUATION
Kansas has established a 60 school-day timeline consistent with federal regulations (K.A.R. 91-40-8(f); 34 C.F.R.
300.301(c)). The timeline for conducting the initial evaluation starts upon receipt of written parental consent to
conduct the evaluation, and ends with the implementation of an IEP if the child is found eligible for special education
services or completion of the evaluation report if the child is not found eligible for special education services.
For children who transfer from one public agency to another in the same school year, assessments are coordinated
with the child’s prior school, as necessary and as expeditiously as possible, to ensure prompt completion of an
evaluation begun by the prior school (K.S.A. 72-986(c)(4)).
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Figure 3-2
TIMELINE
The initial evaluation is to be completed within the 60-school-day timeline required in K.A.R. 91-40-8(f). There is no
specified timeline for the initial evaluation itself, but several requirements must all be completed within 60 school days
unless an agency can justify the need for a longer period of time or has obtained written parent consent for an
extension of time. (K.A.R. 91-40-16 addresses IEP requirements, and K.A.R. 91-40-17 specifies the IEP Team
participants.)
Preceding the initiation of this timeline, the school provides the parents with their Parent Rights Notice upon referral,
Prior Written Notice for initial evaluation, and Request for Consent.
1. The 60-school-day timeline begins when the agency receives written parent consent to conduct the initial
evaluation (K.A.R. 91-40-8(f)).
2. The initial evaluation is started within a reasonable time.
3. The initial evaluation is completed, and, on the basis of the evaluation data, the team determines eligibility for
special education and related services.
4. The evaluation/eligibility team provides the parents with the Evaluation/Eligibility Report within a reasonable
period of time (K.S.A. 72-986(e)(2); 34 C.F.R. 300.306(a)(2); and FERPA 34 C.F.R. 99.10(b)).
5. The school provides the parents with Prior Written Notice for proposed identification (can be combined with
notice for initial services).
6. The school provides the parents with the Notice of the IEP meeting at least 10 calendar days before the meeting
(K.A.R. 91-40-17(a)(2)). (NOTE: If the team believes that eligibility and IEP development may be discussed at
the same meeting, the IEP Meeting Notice must describe all proposed special education decisions to be
addressed at the meeting.)
7. The IEP Team meets and develops an IEP within 30 calendar days of determination of eligibility (34 C.F.R.
300.323(c)(1) and K.A.R. 91-40-8(h)).
8. The school provides the parents with Prior Written Notice and request for consent for the initial provision of
special education and related services to the child.
9. Services on the IEP are implemented not later than 10 school days after written parent consent for provision of
special education services is granted, unless reasonable justification for a delay can be shown (K.A.R. 91-40-
16(b)(2)).
10. The 60-school-day timeline ends when the IEP is implemented.
Exceptions to the Timeline
There are only three specific instances when an extension of the 60 school-day timeline may be justified:
a. The parent of the child repeatedly fails or refuses to produce the child for the evaluation; or,
b. If a child enrolls in a new district after the evaluation has begun and before the determination of eligibility,
however, the new district is required to make sufficient progress to ensure a prompt completion of the
evaluation, and the parent and the school district must agree to a specific timeline for completion.
c. If the parent and the school agree in writing to extend the timeline. (K.A.R. 91-40-8(f); 34 C.F.R. 300.301(d))
State Statute:
K.S.A. 72-986(c)(4)
(c) An agency shall ensure that:
(4) the assessments of any child who transfers from another agency during the school year are coordinated with the child’s prior
school, as necessary and as expeditiously as possible, to ensure prompt completion of an evaluation begun by the prior school.
State Regulations:
K.A.R. 91-40-8(f)(g)
(f) Unless an agency has obtained written parental consent to an extension of time and except as otherwise provided in subsection (g), the
agency shall complete the following activities within 60 school days of the date the agency receives written parental consent for
evaluation of a child:
(1) Conduct the evaluation of the child;
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(2) conduct a meeting to determine whether the child is an exceptional child and, if so, to develop an IEP for the child. The agency
shall give notice of this meeting to the parent as required by K.A.R. 91-40-17(a); and
(3) implement the child’s IEP in accordance with K.A.R. 91-40-16.
(g) An agency shall not be subject to the time frame prescribed in subsection (f) if either of the following conditions is met:
(1) The parent of the child who is to be evaluated repeatedly fails or refuses to produce the child for the evaluation.
(2) The child enrolls in a different school before the evaluation is completed, and the parent and new school agree to a specific date
by which the evaluation will be completed.
(h)
In complying with subsection (f), each agency shall ensure that an IEP is developed for each exceptional child within 30 days
from the date on which the child is determined to need special education and related services.
K.A.R. 91-40-16(b)
(b) Except as otherwise provided in subsection (c), each agency shall ensure that the following conditions are met:
(1) An IEP is in effect before special education and related services are provided to an exceptional child.
(2) Those services to which the parent has granted written consent as specified by law are implemented not later than 10
school days after parental consent is granted unless reasonable justification for a delay can be shown.
(3) An IEP is in effect for each exceptional child at the beginning of each school year.
(4) The child’s IEP is accessible to each regular education teacher, special education teacher, related service provider, and
other service provider who is responsible for its implementation.
(5) Each teacher and provider described in paragraph (4) of this subsection is informed of the following:
(A) That individual's specific responsibilities related to implementing the child’s IEP; and
(B) the specific accommodations, modifications, and supports that must be provided for the child in accordance with the IEP.
E. CONDUCTING THE EVALUATION
The initial evaluation must include a variety of assessment tools and strategies to gather relevant functional,
developmental and academic information, including 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)). In addition, the
procedures must also lead to the determination of the present levels of academic achievement and functional
performance of the child. The public agency must administer such assessments and other evaluation measures as
may be needed to produce the data to determine:
if the child is a child with an exceptionality;
whether the child needs special education and related services;
the educational needs of the child;
the present levels of academic achievement and functional performance (related developmental needs) of
the child; and
whether any additions or modifications to the special education and related services are needed to enable
the child to meet the measurable goals set out in the IEP and to participate, as appropriate, in the general
education curriculum. (K.S.A. 72-986(i)(2);K.A.R. 91-40-8(c); 34 C.F.R. 300.305(a)(2))
As stated previously, the data collected is critical not only for the purpose of determining whether a child is eligible for
special education, but also to assist in the development of present levels of academic achievement and functional
performance. Regulations clearly state that the evaluation must result in determining the content of the child’s IEP (if
found eligible) including information related to enabling the child to be involved in and progress in the general
curriculum (or for a preschool child, to participate in appropriate activities) (K.S.A. 72-986(b)(1); 34 C.F.R.
300.304(b)(ii)). However, the evaluation should assist in the development of an instructional plan for the child if the
child is not found to be eligible.
If the team has proposed to conduct the evaluation based only on existing data, the existing data must meet the
requirements of this section for an evaluation.
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1. Evaluation Procedures
During the evaluation process, the child is assessed in all areas related to the suspected exceptionality , including, if
appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance,
communicative status, and motor abilities (K.A.R. 91-40-9(b)(1), K.A.R. 91-40-11(b)(c); 34 C.F.R. 300.304(c)(4)). All
assessment tools and strategies must provide relevant information that directly assists in determining the educational
needs of the child (K.A.R. 91-40-9(a)(9); 34 C.F.R. 300.304(c)(7)).
When conducting an evaluation, no single measure or assessment shall be used as the sole criterion for determining
whether the child is a child with an exceptionality and for determining an appropriate educational program for the
child. When selecting assessment tools to assist in gathering the evaluation data across the five sources of data,
those conducting the evaluation must also ensure the following requirements are met (K.A.R. 91-40-9; 34 C.F.R.
300.304(b)(c)):
Use a variety of assessment tools and strategies.
Use technically sound instruments that may assess the relative contribution of cognitive and behavioral
factors, in addition to physical or developmental factors.
Materials and procedures used to assess a child with limited English proficiency shall be selected and
administered to ensure that they measure the extent to which the child has an exceptionality and needs
special education, rather than measuring the child’s English language skills.
Assessments and other evaluation materials are:
o
selected and administered so as not to be discriminatory on a racial or cultural basis;
o
provided and administered in the child’s native language or other mode of communication, and in the
form most likely to yield accurate information on what the child knows and can do academically,
developmentally, and functionally, unless it is clearly not feasible to do so;
o
used for the purposes for which the assessments or measures are valid and reliable;
o
administered by trained and knowledgeable personnel;
o
administered in accordance with instructions provided by the producer of the assessments (Note: if an
assessment is not conducted under standard conditions, a description of the extent to which it varied
from standard conditions (e.g., the qualifications of the person administering the test, or the method of
test administration) must be included in the evaluation report.)
o
tailored to assess specific areas of educational need and not merely those designed to provide a single
general intelligence quotient;
o
selected and administered so as best to ensure that if an assessment is administered to a child with
impaired sensory, manual, or speaking skills, the assessment results accurately reflect the child’s
aptitude or achievement level or whatever other factors the test purports to measure, rather than
reflecting the child’s impaired sensory, manual, or speaking skills (unless those skills are the factors
that the test purports to measure).
The evaluation must be sufficiently comprehensive to identify all of the child’s special education and related services
needs, whether or not commonly linked to the exceptionality category being considered for the child. If the child is
found eligible, this information translates into the present levels of academic achievement and functional performance
(PLAAFPs) and forms the basis for making all the decisions in the IEP. If the child is not found eligible, this
information assists the school in determining other appropriate supports for the child. Ultimately, at the close of an
evaluation, the team should have enough information to support the child whether or not the child is found eligible for
special education. The team should be able to describe where the child is currently performing within the general
education curriculum and standards as well as able to describe how (or if) the child’s unique learning characteristics
are impacting his/her ability to access and make progress in the general education curriculum (or for early childhood,
to participate in appropriate activities). Other issues that are impacting the child’s ability to function in the learning
environment should also be described so that the extent of the child’s needs may be realized.
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There are 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. Below is a brief description of each method of evaluation. (K.S.A. 72-
986(b)(4)
The process based on the child’s response to scientific, research-based intervention ((i) above) is referred to as
Response to Intervention (RtI), and is based on a school-wide multi-tier system of interventions for all students. In
Kansas, the child’s response to scientific, research-based intervention is referred to as a Multi-Tiered System of
Support (MTSS). The evaluation data collected during this process will include results of school-wide screening and
benchmark assessments, information collected during individual child problem-solving, and most importantly, the
results of the child’s response to various types of interventions. Most often, the child’s response to intervention data
will take the form of charts and graphs which reflect individual child growth under various intervention conditions.
Teams analyze and interpret this information to determine whether or not the child is a child with an exceptionality
and to determine and describe the educational needs of the child.
The process based on a child’s pattern of strengths and weaknesses ((ii) above) tends to rely more heavily on the
results of norm-referenced tests and other assessments. Both ability and achievement measures are analyzed to
identify patterns within academic skills and cognitive functions. These are interpreted in combination with other
relevant data to identify the child’s strengths and weaknesses, including the child’s approach to tasks, characteristic
patterns of learning, and difficulties in processing information. A discrepancy between ability and achievement is an
example of one type of information that might be collected to help establish a pattern of strengths and weaknesses.
Teams analyze and interpret this information to determine whether the pattern of strengths and weaknesses is
characteristic of a child with an exceptionality and to determine and describe the child’s educational needs.
State Statute:
K.S.A. 72-986
(b) An agency shall provide notice to the parents of a child that describes any evaluation procedures such agency proposes to
conduct. In conducting the evaluation, the agency shall:
(1) Use a variety of assessment tools and strategies to gather relevant functional
,
developmental and academic information, including
information provided by the parent, that may assist in determining whether the child is an exceptional child and the content of the
child’s individualized education program, 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;
(2) not use any single measure or assessment as the sole criterion for determining whether a child is an exceptional child or determining
an appropriate educational program for the child;
(3) use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical
or developmental factors; and
(4) in determining whether a child has a specific learning disability, not be required to take into consideration whether the child has a
severe discrepancy between achievement and intellectual ability, and may use a
process that determines if the child responds to scientific, research-based intervention as part of the child’s evaluation.
(c) An agency shall ensure that:
(1) Assessments and other evaluation materials used to assess a child under this section: (A) Are selected and administered so as not to
be discriminatory on a racial or cultural basis; (B) are provided and administered in the language and form most likely to yield accurate
information on what the child knows and is able to do academically, developmentally and functionally, unless it is not feasible to so
provide or administer; (C) are valid and reliable for the specific purpose for which they are used; (D) are administered by trained and
knowledgeable personnel; and (E) are administered in accordance with instructions provided by the producer of such tests;
(2) the child is assessed in all areas of suspected exceptionality;
(3) assessment tools and strategies that provide relevant information
that directly assists persons in determining the educational needs of the child are provided
;
and
(4) the assessments of any child who transfers from another agency during the school year are coordinated with the child’s prior school,
as necessary and as expeditiously as possible, to ensure prompt completion of an evaluation begun by the prior school.
Kansas Regulations:
K.A.R. 91-40-8(c)
(c)As a part of an initial evaluation, if appropriate, and as a part of any reevaluation, each agency shall ensure that members of an appropriate
IEP team for the child and other qualified professionals, as appropriate, comply with the following requirements:
(1) The evaluation team shall review existing evaluation data on the child, including the following information:
(A) Evaluations and information provided by the parent of the child;
(B) current classroom-based, local, and state assessments and classroom-based observations; and
(C) observations by teachers and related services providers.
(2) On the basis of that review and input from the child’s parent, the evaluation team shall identify what additional data, if any,
is needed to determine the following matters:
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(A) Whether the child has a particular category of exceptionality or, in the case of a reevaluation of a child, whether the child
continues to have such an exceptionality;
(B) what the present levels of academic achievement and educational and related developmental needs of the child are;
(C) whether the child needs special education and related services, or in the case of a reevaluation of a child, whether the child
continues to need special education and related services; and
(D) whether, in the case of a reevaluation of the child, any additions or modifications to the special education and related
services currently being provided to the child 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.
K.A.R. 91-40-9
. Evaluation procedures. (a) If assessment instruments are used as a part of the evaluation or reevaluation of an exceptional
child, the agency shall ensure that the following requirements are met:
(1) The assessment instruments or materials shall meet the following criteria:
(A) Be selected and administered so as not to be racially or culturally discriminatory; and
(B) be provided and administered in the child’s native language or other mode of communication and in the form most likely to yield
accurate information on what the child knows and can do academically, developmentally, and functionally, unless this is clearly not
feasible.
(2) Materials and procedures used to assess a child with limited English proficiency shall be selected and administered to ensure that they
measure the extent to which the child has an exceptionality and needs special education, rather than measuring the child’s English
language skills.
(3) A variety of assessment tools and strategies shall be used to gather relevant functional and developmental information about the child,
including information provided by the parent, and information related to enabling the child to be involved and progress in the general
curriculum or, for a preschool child, to participate in appropriate activities that could assist in determining whether the child is an
exceptional child and what the content of the child’s IEP should be.
(4) Any standardized tests that are given to a child shall meet the following criteria:
(A) Have been validated for the specific purpose for which they are used; and
(B) be administered by trained and knowledgeable personnel in accordance with any instructions provided by the producer of the
assessment.
(5) If an assessment is not conducted under standard conditions, a description of the extent to which the assessment varied from standard
conditions shall be included in the evaluation report.
(6) Assessments and other evaluation materials shall include those that are tailored to assess specific areas of educational need and not
merely those that are designed to provide a single general intelligence quotient.
(7) Assessments shall be selected and administered to ensure that if an assessment is administered to a child with impaired sensory,
manual, or speaking skills, the
test results accurately reflect the child’s aptitude or achievement level or whatever other factors the
assessment purports to measure, rather than reflecting the child’s impaired sensory, manual, or speaking skills, unless those skills are the
factors that the assessment purports to measure.
(8) A single procedure shall not be used as the sole criterion for determining whether a child is an exceptional child and for
determining an appropriate educational program for the child.
(9) Each agency shall use assessment tools and strategies that provide relevant information that directly assists persons in
determining the educational needs of the child.
(b) (1) Each child shall be assessed in all areas related to a suspected exceptionality, including, if appropriate, the following:
(A) Health;
(B) vision;
(C) hearing;
(D) social and emotional status;
(E) general intelligence;
(F) academic performance;
(G) communicative status; and
(H) motor abilities.
(2) Each evaluation shall be sufficiently comprehensive to identify all of the child’s special education and related services needs,
whether or not commonly linked to the disability category in which the child has been classified.
(c) If a child is suspected of having a specific learning disability, the agency also shall follow the procedures prescribed in K.A.R. 91-40-11 in
conducting the evaluation of the child.
K.A.R. 91-40-11(b)(c)
(b)(1) A group evaluating a child for a specific learning disability may determine that the child has that 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 or 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
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identification of a specific learning disability, using appropriate assessments.
(2) A child shall not be determined to be a child with a specific learning disability unless the group elevating the child
determines that its findings under paragraphs (b)(1))(A) and (B) are not primarily the result of any of the following:
(i) A visual, hearing, or motor disability;
(ii) mental retardation;
(iii) emotional disturbance;
(iv) cultural factors;
(v) environmental or economic disadvantage; or
(vi) limited English proficiency.
(c) (1) The group evaluating the child shall ensure that the child is observed in the child's learning environment, including
the regular classroom setting, to document the child's academic performance and behavior in the areas of difficulty.
(2) In conducting the observation, the group may employ either of the following procedures:
(A) Use information from an observation in routine classroom instruction and monitoring of the child's performance that
was done before the child was referred for an evaluation; or
(B) have at least one member of the group conduct an observation of the child's academic performance in the regular
classroom after the child has been referred for an evaluation and parental consent is obtained.
2. Collecting Evaluation Data
Collecting relevant functional, developmental and academic information related to enabling the child to be involved in,
and progress in, the general curriculum (or for a preschool child, to participate in appropriate activities) requires that
data be collected not only about the child, but about the child’s interactions in the curriculum, instruction, and
environment as well. Every evaluation should be approached and designed individually based on the specific
concerns and the selection of assessment tools based on the information needed to answer the eligibility questions.
It would be inappropriate to use the exact same battery of assessments for all children or to rely on any single tool to
conduct an evaluation.
Data must be collected from the five sources referred to in Kansas as G R I O T. GRIOT represents five sources of
data that teams need to be aware of and use as appropriate. The following is a discussion of each of the five
sources of data:
G
– General Education Interventions/Curriculum Progress: During the initial evaluation we must look at two different
“G”s:
(1)
General Education Interventions
: Whether you’re operating within a school system that uses individual
child problem solving (problem-solving teams, SIT, SAT, CARE, etc.) and/or a school-wide multi-tier model
of interventions, when a child is referred for an initial evaluation there will be data on what scientific,
research-based interventions have been used with the child and specific data about the effectiveness and
results of the implementation of the interventions. K.A.R. 91-40-7(c) requires that results of the
interventions provided to the child prior to a referral for an initial evaluation are documented and provided to
the parent. Documentation may be done through a written intervention plan developed by the problem-
solving team, which may include data that the child was provided appropriate instruction in general
education settings, including repeated assessments of achievement at reasonable intervals, reflecting
formal assessment of child progress during instruction. (See Chapter 2, Screening and General Education
Interventions.)
(2)
General Education Curriculum Progress
: An evaluation team needs to understand how the child is
progressing in general education curriculum across settings with the available supports. To do this they
must understand the outcomes of the general education curriculum and how the skills represented in those
outcomes relate to the needs of each child. Are the skills needed, for the child we are working with, different
from the skills that general education children need? Is the instruction required for the child to learn those
skills different? The general education curriculum outcomes and the supports available through general
education are unique to each school. Gaining an understanding of what support is available and the level of
support needed by the child is one of the most important parts of the evaluation.
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R
Record Review
: The evaluation team should also include as part of the evaluation a review of records. These
records would include such things as information provided by the parents, current classroom-based
assessments, information from previous services providers, screenings, previous evaluations, reports from other
agencies, portfolios, discipline records, cumulative files, and other records.
I
Interview
: It is important to understand the perceptions of significant adults in the child’s life and of the child
himself. 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.
O
Observation
: A district must ensure the child is observed in the child’s learning environment (including the
regular education classroom setting) to document the child’s academic performance and behavior in the areas of
difficulty (K.A.R. 91-40-11(c); 34 C.F.R. 300.310). In the case of a child of less than school age or out of school,
a group member must observe the child in an environment appropriate for a child of that age. If the child is
already in an educational setting the observation should be done in that setting, opposed to bringing them into a
different setting just for observation. These observations could include structured observations, rating scales,
ecological instruments (e.g., EBASS, TIES-II), behavioral interventions, functional analysis of behavior and
instruction, anecdotal, 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 their ability to participate and progress in a variety of settings. Observations allow you to see
first hand how a child is functioning in naturally occurring settings. Observation data can also allow you to
compare the child’s’ behavior to that of peers in the same setting. Observation data helps us to understand not
only the child’s current functional performance but also the level of independence demonstrated which can help
determine necessary supports.
T
Test
: A wide range of tests or assessments may be useful in determining an individual child’s skills, abilities,
interests, and aptitudes. Typically, a test is regarded as an individual measure of a specific skill or ability, while
assessment is regarded as broader way of collecting information that may include tests and other approaches to
data collection. 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 typically
provide specific information but are never adequate as a single source of data to determine eligibility for special
education. Because tests require a controlled testing environment, the result is that children are removed from
their learning environments to participate. This is a very intrusive way of gathering data and the value of the
data obtained should always be weighed carefully against the cost of missed class time. For this reason, tests
should be thoughtfully selected and be used for specific purposes when data cannot be obtained through other
sources. Some test information may already have been collected during the GEI process, especially if the child
attends a school that uses school-wide benchmark assessment. However, additional information may need to
be collected during the initial evaluation. This might include 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. The testing that needs to be done will vary depending on what information already has been
collected and the needs of the individual child. Diagnostic testing might include measures of reading, math,
written language, or other academic skills, or tests of motor functioning, speech/language skills, adaptive
behavior, self-concept, or any domain of concern. As with all types of data collection, the information from
testing needs to be useful for both diagnostic and programmatic decision-making.
GRIOT offers a framework in which to organize and structure data collection. It is not that any data source or
assessment procedure is inherently good or bad. All procedures and tools are appropriate as long as they are
selected thoughtfully and for the appropriate purposes. A team will not necessarily use all data sources every time
an evaluation is conducted. Thoughtful planning will need to be given for each child to ensure that the team is using
the appropriate tools to collect data useful for both making the eligibility determination and for program planning.
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F. ELIGIBILITY DETERMINATION AND DOCUMENTATION
At the time the evaluation is completed and the information is compiled, the team should schedule a time to convene
in order to make the determination of 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).
The team must ensure that information obtained from all sources used in the evaluation is documented and carefully
considered (K.A.R. 91-40-10(d)(2); 34 C.F.R. 300.306(c)(1)(ii)). The parents and other qualified professionals review
the results of the initial evaluation to determine:
(1) whether the child is a child with an exceptionality as defined in Federal and State laws and regulations
(K.A.R. 91-40-1(k)(w); and
(2) the educational needs of the child (K.A.R. 91-40-10(a)(1); 34 C.F.R. 300.306(a)).
When interpreting evaluation data for the purpose of making these determinations, the team must:
draw upon information from a variety of sources, including aptitude and achievement tests, parent input, and
teacher recommendations, as well as information about the child’s physical condition, social or cultural
background, and adaptive behavior; and
ensure that information obtained from all of these sources is documented and carefully considered (K.A.R.
91-40-10(d); 34 C.F.R. 300.306(c)(1)(i) and (ii)) .
Teams 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 (i.e., 2 pronged test) (K.A.R. 91-40-1(k)(w); 34
C.F.R. 300.8). 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 504 evaluation may be considered. Teams may utilize the “Eligibility Indicators, Fall 2007” document
(See Appendix A, Figure 3-4).
1. Determining Whether the Child is a Child with an Exceptionality
The team reviews the 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 point 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:
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
);
Lack of appropriate instruction in math; or
Limited English proficiency ; and
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(b) the child does not otherwise meet the eligibility criteria as a child with an exceptionality (K.S.A. 72-986(f);
K.A.R. 91-40-10(c); 34 C.F.R. 300.306(b)).
There are unique issues that must be examined before a child may be determined to have a specific learning
disability
. It is important that the team attend to collecting the data needed to examine these issues prior to and/or
as part of the initial evaluation. According to K.A.R. 91-40-11(b) (34 C.F.R. 300.309(a)), the group evaluating a child
for a specific learning disability collects the following:
(a) Data to determine that the child does not achieve adequately for the child’s age or to meet State-approved
grade-level standards in one or more of the following areas, when provided with learning experiences and
instruction appropriate for the child’s age or State-approved grade-level standards:
oral expression;
listening comprehension;
written expression;
basic reading skill;
reading fluency skills;
reading comprehension;
mathematics calculation;
mathematics problem solving.
Additionally, in order for a child to be eligible as a child with a specific learning disability, the evaluation and eligibility
report must document that the child meets the following conditions:
a. 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,
AND
(i) 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;
OR
(ii)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.
b. 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;
mental retardation;
emotional disturbance;
cultural factors;
environmental or economic disadvantage; or
limited English proficiency (K.A.R. 91-40-9(a)(2)(3), K.A.R. 91-40-11(b); 34 C.F.R. 300.309(a)(3)).
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.
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. It is helpful for teams to remember that by definition special education means specially designed instruction
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(K.A.R. 91-40-1(kkk); 34 C.F.R. 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 (34 C.F.R. 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 the
general education curriculum.
Kansas regulations at K.A.R. 91-40-7(c), require that prior to referral for an initial evaluation the school must have
data-based documentation of having provided appropriate instruction to the child and having implemented
educational interventions and strategies for the child, along with repeated assessments of achievement at reasonable
intervals, which reflect formal assessment of the child’s progress during instruction. The results of which indicate that
the child is suspected of having an exceptionality and may require special education and related services. If the
school is implementing a multi-tiered model of intervention, it 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 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.
3. Eligibility Report
The evaluation team shall ensure that the information obtained from all sources is documented and considered. After
carefully considering all data and making the eligibility determination, the team then must document the decision
made regarding the child’s eligibility for special education and related services. Once the evaluation report and
documentation of eligibility has been completed, each team member must certify in writing whether the report reflects
the member’s conclusion. If it does not reflect the member’s conclusion, the team member must submit a separate
statement presenting the member’s conclusions (K.A.R. 91-40-10(a)(2); 34 C.F.R. 300.311(b)). (See Appendix A,
Figure 3-5, Evaluation/Eligibility Report Content Checklist)
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 (K.A.R. 91-40-10(b); 34 C.F.R. 300.306(a)(2)).
Additionally, the school is not required to classify a child with an exceptionality according to his/her category of
exceptionality if such child is regarded as a child with an exceptionality and is provided FAPE (K.A.R. 91-40-10(g)).
There are specific requirements for reporting the eligibility determination (K.A.R. 91-40-10(a), (e); 34 C.F.R.
300.311).
The evaluation report must include the following statements:
a. whether the child is a child with an exceptionality;
b. the basis for making the determination, including an assurance that the determination was made in
accordance with applicable laws and regulations;
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;
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d. the educationally relevant medical findings, if any;
e. for a child determined to have a
learning disability
, the report must 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;
AND
o
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;
OR
o
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.
(ii) the team determines the reason the child does not achieve adequately for the child’s age, 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:
o
A visual, hearing or motor disability;
o
mental retardation;
o
emotional disturbance;
o
cultural factors;
o
environmental or economic disadvantage; or
o
limited English proficiency.
(iii)
if the child has participated in a process that assesses the child’s response to scientific,
research-based intervention (RtI/MTSS), the report must also document
o
the instructional strategies used; and
o
the student-centered data collected.
(iv)
Documentation that the child’s parents were notified about the process, including the following
information
:
o
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 (See Appendix A, Figure 2-3);
o
strategies for increasing the child’s rate of learning; and
o
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), K.A.R.
91-40-11; 34 C.F.R. 300.309(a)(3); 34 C.F.R. 300.311(a)); and
f.
Signatures of each team member indicating whether the report reflects their conclusion. If it does not reflect
the team member’s conclusion, the team member must submit a separate statement presenting his/her
conclusion.
State Statute:
K.S.A. 72-986(e)(f)
(e) Upon completion of the administration of assessments and other evaluation materials:
(1) The determination of whether the child is an exceptional child shall be made by a team of qualified professionals
and the parent of the child in accordance with this section; and
(2) a copy of the evaluation report and the documentation of determination
of eligibility shall be given to the parent.
(f) In making a determination of eligibility under this section, a child shall not be determined to be an exceptional child if the
determinant factor for such determination is lack of instruction in reading, including instruction using the essential components of
reading instruction, math or limited English proficiency.
(g) (1) If it is determined that a child is an exceptional child, the agency shall seek consent from the parent of the child to provide
special education and related services to the child. No such services shall be provided until consent is given by the parent.
(2) If the parent of a child refuses to consent to the provision of services, or fails to respond to a request for consent to services,
the agency:
(A) Shall not initiate any procedure or proceeding under this act to gain authority to provide services to the child;
(B) shall not be considered to be in violation of the requirement to provide a free appropriate public education to the child; and
(C) shall not be required to convene an IEP meeting or develop an IEP for the child.
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State Regulations:
K.A.R. 91-40-1(k)(w)(kkk)
(k) "Child with a disability" means the following:
(1) A child evaluated as having mental retardation, a hearing impairment including deafness, a speech or language impairment,
a visual impairment including blindness, emotional disturbance, an orthopedic impairment, autism, traumatic brain injury, any
other health impairment, a specific learning disability, 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.
(w) "Exceptional children" means children with disabilities and gifted children.
(kkk) “Special education” means the following:
(1) Specially designed instruction, at no cost to the parents, to meet the unique needs of an exceptional child, including the
following:
(A) Instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and
(B) instruction in physical education;
(2) paraeducator services, speech-language pathology services, and any other related service, if the service consists of specially
designed instruction to meet the unique needs of a child with a disability;
(3) occupational or physical therapy and interpreter services for deaf children if, without any of these services, a child would
have to be educated in a more restrictive environment;
(4) travel training; and
(5) vocational education.
K.A.R. 91-40-10. Eligibility determination.
(a) (1) After completion of appropriate evaluation procedures, a team of qualified
professionals and the parent of the child who has been evaluated shall prepare a written evaluation report that includes a statement
regarding each of the following matters:
(A) The determination of whether the child has an exceptionality;
(B) the basis for making the determination;
(C) the relevant behavior noted during the observation of the child;
(D) the relationship of that behavior to the child’s academic functioning;
(E) educationally relevant medical findings, if any; and
(F)
(i) if the child was evaluated for a specific learning disability, the additional information specified in subsection (e).
(2) Each team member shall certify in writing whether the report reflects the member's conclusion. If it the report does not
reflect that member's conclusion, the team member shall submit a separate statement presenting the member's conclusion.
(b) Each agency shall provide, at no cost, a copy of the evaluation report to the child’s parent.
(c) An evaluation team shall not determine a child to be an exceptional child if the determinant factor for that eligibility determination
is the child’s lack of appropriate instruction in reading or mathematics or limited English proficiency, and if the child does not
otherwise qualify as a child with an exceptionality.
(d) Each evaluation team, in determining whether a child is an exceptional child and what the educational needs of the child are, shall
meet the following requirements:
(1) The evaluation team shall draw upon information from a variety of sources, including the following:
(A) Aptitude and achievement tests;
(B) parent input;
(C) teacher recommendations;
(D) physical condition;
(E) social or cultural background; and
(F) adaptive behavior.
(2) The evaluation team shall ensure that the information obtained from all of the sources specified in paragraph (1) of this
subsection is documented and considered.
(e) If the evaluation team and the parent determine the parent's child to be a child with a specific learning disability, the
evaluation team and the parent shall prepare a written evaluation report that includes a statement regarding each of the following
matters:
(1) An indication of whether the child has a specific learning disability;
(2) the basis for making the determination, including an assurance that the determination has been made in accordance with
applicable laws and regulations;
(3) the relevant behavior, if any, noted during the observation of the child and the relationship of that behavior to the child's
academic functioning;
(4) educationally relevant medical findings, if any;
(5) an indication of whether the child meets the following criteria:
(A) Does not achieve adequately for the child's age or meet state-approved grade-level standards; and
(B)(i) Does not make sufficient progress to meet age standards or state-approved grade-level standards; or
(ii) exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, state-approved grade-
level standards, or intellectual development; and
(6) the determination of the team concerning the effect of the following factors on the child's achievement level:
(i) Visual, hearing, or motor skills disability;
(ii) mental retardation;
(iii) emotional disturbance;
(iv) cultural factors;
(v) environmental or economic disadvantage; and
(vi) limited English proficiency.
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(f) If the child has participated in a process that assessed the child's response to scientific, research-based intervention, the evaluation
report shall also address the following matters:
(1) The instructional strategies used and the student-centered data collected; and
(2) the documentation indicating that the child's parent was notified about the following:
(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
(C) the parent's right to request an evaluation.
(g) (1) Except as provided in paragraph (2) of this subsection, after a child has been determined to be a child with an exceptionality
and has been provided special education or related services, an agency shall conduct a reevaluation of the child before terminating
special education or related services to the child.
G. PRIOR WRITTEN NOTICE FOR IDENTIFICATION
After the eligibility determination is made, the school is required to provide Prior Written Notice to the parents that the
school proposes to initially identify the child as a child with an exceptionality and that the child requires special
education and related services. Likewise, school personnel must give Prior Written Notice to the parents if they
determine that a child is not eligible for special education or related services. The required content of the Prior
Written Notice is identical to the content described earlier in Section B of this chapter. However, parent consent is
not required for identification of a child with an exceptionality. (See Appendix A, Figure 1-6, Prior Written Notice and
Consent for Identification, or http://www.kansped.org)
H. INDEPENDENT EDUCATIONAL EVALUATION
After an initial evaluation is completed, if the parents disagree with the school's evaluation, they have the right to ask
for an independent educational evaluation at public expense. If the parent obtains an independent educational
evaluation at public expense or provides the agency with an evaluation obtained at private expense, the results of the
evaluation shall be considered by the school, if it meets the school’s criteria, in any decision made with respect to the
provision of FAPE to the child.
Independent educational evaluation means an evaluation conducted by a qualified examiner who is not employed by
the district responsible for the education of the child in question. Public expense means that the district either pays
for the full cost of the evaluation or ensures that the evaluation is otherwise provided at no cost to the parent.
If the parent requests an independent educational evaluation the school must either:
ƒ
Provide information to the parent about where an independent educational evaluation can be obtained, the
agency criteria (which may include qualifications of examiners and location to obtain the evaluation); and
ƒ
Ensure that the evaluation is provided at public expense, unless the special education due process hearing
officer determines that the independent educational evaluation did not meet agency criteria; or
ƒ
Initiate a due process hearing to show that the school's evaluation was appropriate.
If a parent requests an independent educational evaluation, the agency may ask the reason for the objection to the
public evaluation. However, the explanation by the parent shall not be required, and the agency shall not
unreasonably delay either providing the independent educational evaluation at public expense or initiating a due
process hearing to defend the public evaluation.
A due process hearing would determine whether the school must pay for the independent educational evaluation. If
the school’s evaluation is found to be appropriate and the parents still want an independent educational evaluation,
the expense is the responsibility of the parents. When an independent educational evaluation is conducted, the
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school or a special education due process hearing officer, or both must consider the results of the independent
educational evaluation in decisions made with respect to a free appropriate public education for the child.
If an independent educational evaluation is provided at public expense, the criteria under which the evaluation is
obtained must be the same as the criteria that the school uses when it initiates an evaluation. These criteria may
include the location of the evaluation and the qualifications of the examiner. The credentials of the independent
evaluator or evaluators must be comparable to the school’s evaluators. The school may set reasonable limitations
on the costs for which it will be responsible. The school may have to exceed those costs if necessary to ensure that
the independent educational evaluation meets the child’s unique needs.
If a special education due process hearing officer requests an independent educational evaluation, the evaluation is
provided at public expense. The school either pays the full cost of the evaluation, or ensures that the evaluation is
otherwise provided at no cost to the parents. A parent is entitled to only one independent education evaluation at
public expense each time the public agency conducts an evaluation with which the parent disagrees (34 C.F.R.
300.502(b)(5)).
State Regulations:
K.A.R. 91-40-12
91-40-12. Right to independent educational evaluation. (a) (1) Subject to the conditions specified in this regulation, the parent of an
exceptional child shall have the right to request an independent educational evaluation at public expense if the parent disagrees with
the evaluation obtained by the agency.
(2) The parent shall be eligible for only one independent educational evaluation at public expense in response to an evaluation
conducted by the agency.
(b) If a parent requests an independent educational evaluation of the child, the agency, without unnecessary delay, shall take one
of the following actions:
(1) Initiate a due process hearing to show that its evaluation is appropriate; or
(2) (A) Provide information to the parent about where an independent educational evaluation may be obtained and the agency
criteria prescribed under subsection (g)that apply to independent educational evaluations; and
(B) take either of the following actions:
(i) Pay the full cost of the independent educational evaluation or otherwise ensure that the evaluation is provided at no cost to
the parent; or
(ii) initiate a due process hearing to show that the evaluation obtained by the parent does not meet agency criteria.
(c) If the agency initiates a hearing and the final decision is that the agency’s evaluation is appropriate, the parent shall still have
the right to an independent educational evaluation, but the agency shall not be required to pay the cost of that evaluation.
(d) If a parent requests an independent educational evaluation, the agency may ask the reason for the objection to the public
evaluation. However, the explanation by the parent shall not be required, and the agency shall not unreasonably delay either
providing the independent educational evaluation at public expense or initiating a due process hearing to defend the public
evaluation.
(e) If the parent obtains an independent educational evaluation at public expense or provides the agency with an evaluation obtained at
private expense, the results of the evaluation shall be considered by the agency, if it meets agency criteria, in any decision
made with respect to the provision of FAPE to the child. The results of this evaluation may be presented as evidence at
a due process hearing regarding that child.
(f) If a hearing officer requests an independent educational evaluation as part of a hearing, the cost of the evaluation shall be paid by
the agency.
(g) (1) Subject to the provisions of paragraph (2) of this subsection, each agency shall adopt criteria for obtaining an independent
educational evaluation at public expense. The criteria may include the qualifications of the examiner and the location of the
evaluation, but shall not impose other conditions or timelines for obtaining the evaluation.
(2) The criteria adopted by an agency under paragraph (1) of this subsection shall be the same as the criteria that the agency uses
when it conducts an evaluation, to the extent that those criteria are consistent with the parents’ right to obtain an independent
educational evaluation.
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QUESTIONS AND ANSWERS ABOUT
INITIAL EVALUATION AND ELIGIBILITY
1. What happens when a child transfers to a different school district during the initial
evaluation?
Assessments for a child who transfers to a different school district in the same school year during the initial
evaluation are coordinated with the child’s prior and subsequent schools, as necessary and as expeditiously as
possible, to ensure prompt completion of the full evaluation. The 60 school day timeline for the initial evaluation
may be extended only if the new school is making sufficient progress to ensure a prompt completion of the
evaluation, and the parent and the new school agree to a specific time when the evaluation will be completed.
2. How can school staff ensure that evaluation materials and procedures used to assess
racially and culturally diverse children are appropriate?
It is important that professionals conducting evaluations be aware of the potential bias that exists in all areas of
assessment and seek to choose techniques and tools that reduce bias to the largest extent possible. This may
involve being more aware of the growing body of research literature on this topic, developing a deeper
understanding of the cultural and linguistic diversity represented in the school, purchasing evaluation materials
that have been developed to reduce bias, and utilizing trained bilingual examiners. Further, professionals
conducting the evaluation must document the extent that an assessment was not conducted under standard
conditions (e.g., giving a standardized test in a language other than the one it was originally developed for).
Teams should carefully consider the presence of bias and interpret the results of that evaluation accordingly.
3. What are the qualifications of the people doing the assessment?
Each assessment must be given and interpreted by a licensed or certified professional in the area being
assessed (e.g., speech and language, motor, behavior, or other area). Public school psychological evaluations
must be given and interpreted by school psychologists. Certain test developers/suppliers also have specific
requirements with regard to training and qualifications that must be considered. Assessments during initial
evaluations encompass much more than test administration, however. When planning to collect the data for an
evaluation, teams should determine which individuals have the most appropriate skills to obtain whatever data is
needed.
4. May an initial evaluation consist only of existing data?
Yes. Existing data should be reviewed as a part of any initial evaluation. This would include evaluations and
information provided by the parents, current classroom-based, local, or State assessments and classroom-based
observations, and observations from teachers and related service providers. For an initial evaluation, such data
would help the team to decide if more information is needed to determine eligibility--both the presence of an
exceptionality and the determination of the child's educational need. The existing data will also help identify the
present levels of academic achievement and related developmental needs of the child, and whether any additions or
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, or
for preschool age children, an age appropriate environment. If the team has enough information from all five
required sources of data (
G
eneral Education Interventions or Screening,
R
ecord Review,
I
nterviews,
O
bservations,
T
ests), the team may conclude that no additional data are needed and eligibility may be determined based upon
existing data. The Prior Written Notice would include: (1) a statement of this fact and the reasons for it; and (2) a
statement of the right of the parents to request additional assessment to determine whether the child is a child with
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an exceptionality. Parent consent to conduct the initial evaluation is required, whether or not additional data is
needed.
5. What is the parent’s role in the review of existing data?
As members of the IEP team, parents may review any existing data, as well as provide existing data to the evaluation
team. Parents may contribute relevant medical data or other records that the parent has concerning the child.
6. Does an evaluation report have to specify the particular category of exceptionality
under which a child has been identified?
Kansas regulations, at K.A.R. 91-40-10(a)(1)(A), require that the evaluation report include a statement as to
whether the child has an exceptionality. These regulations do not require that the evaluation report include the
particular category of exceptionality in which a child has been identified.
However, no information should be withheld from parents. It is important that parents be informed of the particular
category of exceptionality in which eligibility for special education was determined, and which is reported by the
school to the state through the Management Information System (MIS). In a court case where the school did not
inform the parents that the special education evaluation identified their child as having autism, the United States
Circuit Court of Appeals said:
“Procedural violations that interfere with parental participation in the IEP formulation process
undermine the very essence of the IDEA…These procedural violations, which prevented Amanda’s
parents from learning critical medical information about their child, rendered the accomplishment of
the IDEA’s goals and the achievement of a FAPE – impossible.” Amanda J. v. Nevada State
Department of Education, 260 F.3d 1106 (9
th
Cir. 2001).
In essence, this court said that the IEP team could not create a valid IEP that addressed the child’s unique needs if
required members of the team (the parents) were not fully informed of the evaluation results, which indicated their
child had autism. Although this court did not address it, when a parent is not fully informed of the results of an
evaluation, it is also likely that any consent given by the parent will be deficient. For these reasons, it is
recommended that the evaluation report include the specific category of exceptionality in which a child is identified
as an exceptional child. If the category of exceptionality is not identified in the evaluation report, it is important that
school personnel document in some other way that the parents have been informed of this important information.
7. If the eligibility determination team fails to reach consensus about a child’s eligibility
for special education, who makes the decision?
Teams should try to reach consensus about the eligibility decision. If a member of the school team does not
agree with the others, they are able to record their disagreement on the eligibility report. However, if the team
cannot reach agreement, the final decision rests with the person who serves as the LEA representative at the
eligibility determination meeting.
8. Can the evaluation team use severe discrepancy between ability and achievement to
determine eligibility for learning disability?
Remember the two-prong test for eligibility. The existence of a severe discrepancy between ability and
achievement is only a single indicator of whether a child might be a child with an exceptionality (prong 1). Other
supporting data would be needed to establish the presence of a learning disability. In addition, other types of
data would be needed to indicate that the child needs special education and related services (prong 2).
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9.
Once a child has been exited from special education services, must you complete
an initial evaluation upon a referral to determine need for special education?
Once the child has been identified as a child with an exceptionality, even though s/he may have been exited, any
subsequent evaluation would be a "reevaluation." The reevaluation must include all the same requirements for
an initial evaluation and a review of existing data. If there is enough current data available, there may not need
to be any further assessments.
11. If the parent presents written information from an outside agency (i.e., medical
doctor) stating the need for an evaluation and/or IEP is the school district obligated to
complete an evaluation to determine eligibility?
This should be considered a referral for an evaluation. The school has the right to determine the need for an
evaluation. They are to ensure that the child has been presented with general education interventions wither
before or during the evaluation and collect data to determine the child’s need for an evaluation. The school must
provide Prior Written Notice to the parent if they refuse to conduct an evaluation.
12. How should school staff respond if the parent and/or outside agency request a
specific assessment be completed as part of an evaluation?
The school evaluation team is to determine what assessments are to be conducted as part of the evaluation.
They should consider any request from the parent or outside agency, however, if the school proposes to conduct
the evaluation with no additional data, the parent may request the school to conduct an assessment to determine
if the child is a child with an exceptionality and to determine the educational needs of the child.
13. If a parent presents an outside evaluation report to the school, is the school district
obligated to implement the recommendations made by the outside evaluation team?
After an initial evaluation is completed, if the parents disagree with the school's evaluation, they have the right to
ask for an independent educational evaluation at public expense. If the parent obtains an independent
educational evaluation at public expense or provides the agency with an evaluation obtained at private expense,
the results of the evaluation shall be considered by the school, if it meets the school’s criteria, in any decision
made with respect to the provision of FAPE to the child. However, the school is not obligated to implement the
recommendations made by the outside evaluation team.
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CHAPTER 4
THE INDIVIDUALIZED EDUCATION PROGRAM
(IEP)
INTRODUCTION
The Individualized Education Program (IEP) is defined as a written statement for each student with an exceptionality
which describes that child’s educational program and is developed, reviewed, and revised in accordance with special
education laws and regulations. The team that develops the IEP includes parents, school professionals, the student
(when appropriate), and personnel from other agencies as appropriate (when addressing transition). Each IEP must
be developed with careful consideration of the individual child’s capabilities, strengths, needs, and interests. The IEP
should direct the child toward high expectations and toward becoming a member of his or her community and the
workforce. It should function as the tool that directs and guides the development of meaningful educational
experiences, thereby helping the child learn skills that will help them achieve his or her goals. In short, it should
assist the child in meeting the goals and challenging standards of our educational system as well as identified
postsecondary goals.
The IEP describes and guides services for each child on an individual basis. Such a guide also assists teachers and
other staff to have very specific, well-defined measurable annual goals for each eligible child. All persons involved
should have high expectations for children and work from a strengths perspective in developing educational
programs. The IDEA includes numerous IEP requirements. Kansas has State statutes and regulations regarding
IEPs, which also include children identified as gifted. Additionally, for children ages 3-5, an Individualized Family
Service Plan (IFSP) may be used, with parent consent.
This chapter addresses the following topics:
A. IEP Team
B. Notice of IEP Team Meeting
C. Using An IFSP Instead of An IEP
D. When IEP/IFSP Must Be in Effect
E. Development of the IEP
F. Meeting to Review and Revise the IEP
G. Transfer within State or from Out-Of-State
H. Implementing the IEP
A. IEP TEAM
The IEP team is a group of people, knowledgeable about the child, who come together at an IEP meeting in order to
develop or review and revise a child's IEP. Collaboration among IEP team members is essential to ensure that each
child’s educational experience is appropriate and meaningful. All members of the IEP team are equal partners in IEP
discussions. Because of their long-term perspective and unique relationship, parents bring a valuable understanding
of their child to the table. Children also can express their own needs, strengths, and interests. Educators, on the
other hand, bring an educational focus to the meeting; an understanding of the curriculum, the challenging
educational standards for the child, and the relationship to the general education environment. With this in mind,
parents and educators must continue to recognize their responsibility to maintain and enhance partnerships with each
other and the child throughout the school year in order to create a collaborative environment at each IEP team meeting.
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The IEP team should work toward consensus, however, if an IEP team is unable to come to consensus the school
has ultimate responsibility to ensure that the IEP includes the services that the child needs in order to receive a free
appropriate public education (FAPE). Following the IEP meeting, the school must provide the parents Prior Written
Notice of the school’s proposal for services as identified in the child’s IEP. If, after all options have been exhausted,
the parents and the school cannot come to agreement either party may ultimately utilize mediation or due process
proceedings to resolve the differences.
1.
IEP Team Membership
The members of the IEP team are specifically identified and described in State and federal laws and regulations. In
addition to the following listed members of the IEP team, if parents need a sign language or foreign language
interpreter, the school must provide that service (K.S.A. 72-962(u); K.A.R. 91-40-17(d); 34 C.F.R. 300.322(e); 34
CRF 300.321).
a.
The student
must be invited to attend his/her own IEP meeting beginning at age 14, or younger, if a
purpose of the meeting is consideration of the student’s postsecondary goals and the transition services
needed to assist the student in reaching those goals. If the student elects not to participate, the IEP team
must take other steps to ensure that the student's preferences and interests are considered in developing
the IEP (K.S.A. 72-987(c)(8); K.A.R. 91-40-17(f); (34 C.F.R. 300.321(b)(2)). The school may invite the
student to attend their own IEP team meeting at any age if appropriate.
The school is not required to give students younger than age 18 the same notice of meeting that is required
for parents, but should document that the student was invited to the meeting. Beginning at age 18, if rights
have transferred to the student, both the student and parents must receive 10-day written notice of the IEP
team meeting (K.S.A. 72-989; K.A.R. 91-40-17(a)(2)).
b.
The parents
must be members of the IEP team. The parents are equal partners and play an active role in
providing critical information about their child's abilities, interests, performance, and history. They are
involved in the decision-making process throughout the development of the IEP (K.A.R. 91-40-17(a)).
(See Chapter 1 of this Process Handbook for a discussion of who may act as a parent.)
c.
The special education teacher(s
) or provider(s); not less than one special education teacher of the child,
or where appropriate, not less than one special education special education provider of the child. The
school may determine the particular individual(s) to be members of the IEP team.
d.
The general education teacher(s)
not less than one general education teacher of the child, if the child is,
or may be, participating in the general education environment (K.S.A. 72-962(u)(2)). This must be a teacher
who is or may be working with the child to ensure success in the general curriculum and implement portions
of the IEP. The general education teacher is knowledgeable about the curriculum, appropriate activities of
typically developing peers, and how the child’s exceptionality affect the child’s participation (involvement and
progress) in the curriculum or those appropriate activities. General education teachers assist in the
development, review and revision of the IEP including determining appropriate positive behavioral
interventions and supports and other strategies for the child, as well as supplementary aids and services,
program modifications and supports to enable general education teachers to work with the child (K.A.R. 91-
40-17(h)).
If the child has several general education teachers, at least one must attend the IEP meeting. However, it
may be appropriate for more to attend. The school may designate which teacher or teachers will serve as
IEP team member(s), taking into account the best interests of the child. The general education teacher who
serves as a member of the child’s IEP team should be one who is, or may be, responsible for implementing
a portion of the IEP. The school is strongly encouraged to seek input from the teachers who will not be
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attending the IEP team meeting. All general education teachers of the child must be informed by the IEP
team of their specific responsibilities related to implementing the child’s IEP and the specific
accommodations, modifications, and supports that must be provided for the child in accordance with the
IEP. The child’s IEP must be accessible to each general education teacher who is responsible for its
implementation (K.A.R. 91-40-16(b)(4)(5)).
General Education Teacher for Early Childhood
If a school district provides 'regular education' preschool services to nondisabled children, or if a preschool
child with disabilities is enrolled in a preschool program for children without disabilities operated by the
school district, the preschool teacher has the same requirements to attend the IEP meeting as for school
age children. If the child is enrolled in a preschool program for children without disabilities that is not
operated by the school district, the school is required to invite the preschool teacher, but has no authority to
require his/her attendance. If the preschool teacher of the child does not attend the school shall designate a
teacher who, under State standards, is qualified to serve children without disabilities of the same age.
For a child 3-5 years of age, the representative may be a preschool teacher (e.g., regular preschool, Title I
preschool, Even Start, Head Start, Migrant, Bilingual, 4-year-old at-risk, Parents as Teachers, etc.). For a 4-
or 5-year old child, the general education teacher may be the kindergarten teacher, if the child is or will be
attending kindergarten within the term of the IEP. Early childhood providers working in various community
settings must meet the credentialing requirements of their hiring agencies. KSDE acknowledges those
requirements, and encourages those providers to take part in IEP meetings, as appropriate, for preschool-
aged children.
For a child 3-5 years of age that is in a setting that does not provide a preschool educational component
(e.g., home setting or child care) it is considered the child does not have a regular education teacher and is
not participating in a general education environment, therefore, a general education teacher is not required
to be part of the IEP team. However, a parent may invite a child care provider to attend the IEP team
meeting as a person with knowledge or expertise about the child.
See Figures 4-1a and 4-1b in Appendix A, for additional guidance on when a preschool general education
teacher must attend the IEP meeting and who meets the requirements of a general education teacher for
early childhood.
General Education Teacher for Children in Separate Settings
It is expected that the circumstances will be rare in which a general education teacher would not be required
to be a member of the child's IEP team. However, there may be situations where a child is placed in a
separate school and participates only in meals, recess periods, transportation, and extracurricular activities
with children without exceptionalities and is not otherwise participating in the general education
environment, and no change in that degree of participation is anticipated during the next twelve months. In
these instances, since there would be no current or anticipated general education teacher for a child during
the period of the IEP, it would not be necessary for a general education teacher to be a member of the
child's IEP team.
e.
The School Representative
or designee must be a member of the IEP team. There are three requirements
of the school representative or designee. The school representative or designee:
i. is qualified to provide or supervise provision of special education services;
ii. has knowledge of the general education curriculum; and
iii. is knowledgeable about the availability of the school’s resources. (K.S.A. 72-962(u)(4))
The primary responsibility of the school representative or designee must be to commit school resources and
ensure that services written in the IEP will be provided. The school representative must have the authority
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to commit school resources and be able to ensure that whatever services are described in an IEP will
actually be provided because the school will be bound by the IEP that is developed at an IEP meeting
(Federal Register, August 14, 2006, p. 46670).
f.
A person who can interpret instructional implications
of any new evaluation or assessment results must
also be a member of the IEP team. This may include individuals who participated on the evaluation team.
Certainly a school psychologist, a special education teacher, general education teacher, speech/language
pathologist, or other related service provider might have evaluation results that need to be interpreted and
provide instructional implications.
g.
Others,
include individuals who have knowledge or special expertise regarding the child, including related
services personnel, as appropriate, and those who are invited by the parents or the school to attend the IEP
meeting.
The determination of who has knowledge or special expertise regarding the child is made by the party
(parents or school) who invited the individual to be a member of the IEP team. Therefore, the other party
may not bring into question the expertise of an individual invited to be a member of the IEP team and may
not exclude another team member’s expert based on the amount or quality of their expertise (KSR 91-40-
17(j); 34 C.F.R. 300.321(c)). Although parents are not required to do so, the school may ask the parents to
inform them of the individuals they are bringing. The person who contacts the parents may wish to ask
them if they intend to bring other people to be sure that the room is adequate for the number of participants.
Other team members may also be added, based on the child’s individual needs. For example, for a child
who uses assistive technology or who may be in need of such services, an internal or outside expert may be
required at this meeting. In other circumstances, the school nurse or another health professional should
attend. Any child with a need for a Health Care Plan should have a health professional participate at the
annual review meeting for the IEP, and other meetings as appropriate. Other team members might be
speech-language pathologists, occupational or physical therapists, adapted physical education teachers, or
others as appropriate.
h.
Representatives of any other agencies.
For a child with a disability age 14 or older the IEP team will
consider the transition services of the child, and the IEP team must determine, to the extent appropriate, any
other public agency that must be invited to the IEP meeting because they are likely to be responsible for
providing or paying for transition services. The parents, or a student who is 18 year of age, must provide
consent for the school to invite any outside agency who may be providing secondary transition services to
the IEP meeting (K.A.R. 91-40-17(g); 34 C.F.R. 300.321(b)(3)).
Consent from the parent (or adult student) is required when inviting outside agencies to ensure the
protection of confidentiality of any personally identifiable data, information and records collected or
maintained by the school. Although the school has the responsibility to invite (after receiving parent or adult
student consent) individuals from other agencies, the school district does not have the authority to require
the other agency representative to attend the IEP meeting (Federal Register, August 14, 2006, p. 46672).
(See Figure 4-5 in Appendix A for Consent to Invite Representative of Noneducational Agency to IEP
Meeting.)
i.
Representative of Part C services
.
When conducting an initial IEP team meeting for a child who was
previously served under Part C of the federal law, a school, at the request of the parent, shall send an
invitation to attend the IEP meeting to the local Part C services coordinator or other representative of the
Part C system to assist with the smooth transition of services (K.S.A. 72-987(a)(2)(B).
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j.
Multiple roles
. The law allows for individuals to represent more than one of the membership roles on the
IEP team. If a person is representing more than one role, s/he must meet the individual qualifications for
each role at the IEP team meeting. Additionally, all of the requirements for one representative do not have
to be filled by one person; other members of the school team may meet one or any of these requirements.
Individuals assuming more than one role at an IEP team meeting should document their roles on the
signature page of the IEP. Although there is no legal minimum number of participants at IEP team meetings,
the number of participants should be reasonable and appropriate to address the needs of the child and to carry
out the intent of the law. It would probably not be responsible for only one member of the school staff to
adequately represent every required membership role at an IEP team meeting (K.A.R. 91-40-17(i)).
State laws and regulations and Federal regulations (34 C.F.R. 300.321) address required IEP team members:
Kansas Statute:
K.S.A. 72-962
(u) ‘‘Individualized education program team’’ or ‘‘IEP team’’ means a group of individuals composed of:
(1) The parents of a child;
(2) at least one regular education teacher of the child, if the child is, or may be, participating in the regular education environment;
(3) at least one special education teacher or, where appropriate, at least one special education provider of the child;
(4) a representative of the agency directly involved in providing educational services for the child who:
(A) Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of exceptional
children;
(B) is knowledgeable about the general curriculum; and
(C) is knowledgeable about the availability of resources of the agency;
(5) an individual who can interpret the instructional implications of evaluation results; (6) at the discretion of the parent or the agency, other
individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate
K.S.A. 72-987
(a)(2)(B) In conducting the initial IEP meeting for a child who was previously served under part C of the federal law, an agency, at the request of
the parent, shall send an invitation to attend the IEP meeting to the part C services coordinator or other representatives of the part C system
to assist with the smooth transition of services.
K.S.A. 72-989. Rights of child with disability upon reaching 18 years of age.
When a person who has been determined to be a child
with a disability reaches the age of 18, except for such a person who has been determined to be incompetent under state law:
(a) An agency shall provide to both the person and to the person's parents any notice required by this act;
(b) all other rights accorded to parents under this act transfer to the person;
(c) the agency shall notify the person and the parents of the transfer of rights; and
(d) all rights accorded to parents under this act transfer to the person if incarcerated in an adult or juvenile federal, state
or local correctional institution.
State Regulations:
K.A.R. 91-40-17
. IEP team meetings and participants.
(a) Each agency shall take steps to ensure that a parent of an exceptional child is present at each IEP team meeting or is afforded the opportunity
to participate. These steps shall include the following:
(1) Scheduling each meeting at a mutually agreed-upon time and place and informing the parent of the information specified in subsection
(b) of this regulation;
(2) except as otherwise provided in K.A.R. 91-40-37, providing written notice, in conformance with subsection (b) of this regulation, to the
parent of any IEP team meeting at least 10 days in advance of the meeting.
(b) The notice required in subsection (a) of this regulation shall meet the following requirements:
(1) The notice shall indicate the purpose, time, and location of the IEP team meeting and the titles or positions of the persons
who will attend on behalf of the agency, including, if appropriate, any other agency invited to send a representative to discuss
needed transition services.
(2) If the meeting is for a child who has been receiving special education services under the infant and toddler provisions of the federal law
but is now transitioning to the provisions for older children, the notice shall inform the parent that the parent may
require that a representative of the infant and toddler program be invited to attend the initial IEP team meeting to assist with the
smooth transition of services.
(3) The notice shall indicate the following information, if a purpose is to consider postsecondary goals and transition services
for the child:
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(A) The agency will invite the parent's child to attend.
(B) One of the purposes of the meeting will be to consider the postsecondary goals and needed transition services for the student.
(4) The notice shall inform the parent that the parent has the right to invite to the IEP team meeting individuals whom the
parent believes to have knowledge or special expertise about the child.
(c) If a parent of an exceptional child cannot be physically present for an IEP team meeting for the child, the agency shall attempt other measures
to ensure parental participation, including individual or conference telephone calls.
(d) An agency shall take action to ensure that parents understand the discussions that occur at IEP team meetings, including arranging for an
interpreter for parents who are deaf or whose native language is other than English.
(e)(1) An agency may conduct an IEP team meeting without parental participation if the agency, despite repeated attempts, has been unable to
contact the parent or to convince the parent to participate.
(2) If an agency conducts an IEP team meeting without parental participation, the agency shall have a record of the attempts that the agency
made to contact the parent to provide notice of the meeting and to secure the parent's participation. The record shall include at least two of
the following:
(A) Detailed records of telephone calls made or attempted, including the date, time, and person making the calls and the results of the calls;
(B) detailed records of visits made to the parent's home or homes, including the date, time, and person making the visit and the results
of the visit;
(C) copies of correspondence sent to the parent and any responses received; and
(D) detailed records of any other method attempted to contact the parent and the results of that attempt.
(f)(1) An agency shall invite a child with a disability, regardless of the child’s age, to attend any IEP team meeting for the child if a purpose of the
meeting is consideration of the child’s postsecondary goals and transition services needs.
(2) If the child with a disability does not attend the IEP team meeting, an agency shall take other steps to ensure that the child’s preferences
and interests are considered.
(g) If a purpose of any IEP team meeting for a child with a disability is consideration of the postsecondary goals of the child and the transition
services needed to assist the child to reach those goals, the agency, with the consent of the parent or the child if the child is at least 18 years old,
shall invite a representative of any other agency that is likely to be responsible for providing or paying for transition services.
(h) A regular education teacher of an exceptional child, as a member of an IEP team, shall participate to the extent appropriate in the
development, review, and revision of the child’s IEP. This participation shall include assisting in making the following determinations:
(1) The appropriate positive behavioral interventions and strategies for the child;
(2) the supplementary aids and services needed by the child; and
(3) the program modifications or supports for school personnel that will be provided to assist the child.
(i) If qualified to do so, an agency member of the IEP team may serve in the role of two or more required members of a child’s IEP team.
(j) In asking individuals with knowledge or special expertise about a child to be members of the child’s IEP team, the party asking the person to
participate shall have the sole discretion in determining whether the invited person has knowledge or special expertise regarding
the child.
2.
IEP Team Attendance and Excusals
A member of the IEP team, as described above, is not required to attend an IEP team meeting, in whole or in part, if
the parent of a child with an exceptionality and the school agree, in writing, that the attendance of the IEP team
member is not necessary because the member’s area of the curriculum or related services is not being modified or
discussed in the meeting.
A required member of the IEP team, may be excused from attending an IEP team meeting, in whole or in part, when
the meeting involves a modification to or discussion of the member’s area of the curriculum or related services, if:
The parent, in writing, and the school consent to the excusal; and
The IEP team member submits, in writing to the parent and the IEP team, input into the development of the
IEP prior to the meeting (K.S.A. 72-987(b)(2)(3); 34 C.F.R. 300.321(e)).
Informed parental consent means that the school must provide the parent with appropriate and sufficient information
to ensure that the parent fully understands that the parent is consenting to excuse a required IEP team member from
attending an IEP team meeting in which the member’s area of the curriculum or related services is being changed or
discussed and that if the parent does not consent the IEP team meeting must be held with that IEP team member in
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attendance (Federal Register, August 14, 2006, p 46674). To ensure that the parent is fully informed and written
agreement or consent is appropriately documented, it is highly recommended that the school use the KSDE sample
form for excusing a member of the IEP team. (See Figure 4-3 in Appendix A, for Excusal from IEP Team Meeting
form or http://www.kansped.org .)
Excusals through written agreement or consent apply only to the required IEP team members. Other members of the
team, who have been invited by the school district or the parent, may be excused from attending the meeting without
agreement or consent. If an individual that is not a required IEP team member, as described above, but is invited to
attend a meeting, and is included on the notice of meeting, it is not required for the parent and school to consent
and/or provide written agreement to excuse those individuals because they are not required members of an IEP team
(Federal Register, August 14, 2006, p. 46675).
Schools are encouraged to carefully consider, based on the individual needs of the child and the issues that need to
be addressed at the IEP team meeting, whether it makes sense to offer to hold the IEP team meeting without a
particular IEP team member in attendance or whether it would be better to reschedule the meeting so that person
could attend and participate in the discussion (Federal Register, August 14, 2006, p. 46674). Each school district
should consider developing a policy indicating who the local representative is that has authority to consent to the
excusal of a member of the IEP team.
Kansas Statute:
K.S.A. 72-987(b)(2)(3)
(2) A member of a child’s IEP team shall not be required to attend an IEP meeting, if the parent of the child and the agency agree that the
attendance of such IEP member is not necessary because the IEP member’s area of curriculum or related service is not to be discussed
or modified at the meeting. The parent’s agreement shall be in writing.
(3) A member of a child’s IEP team may be excused from attending an IEP meeting when the meeting is to involve a discussion of, and
possibly a modification to, the IEP member’s area of the curriculum or related service, if:
(A) The parent and the agency consent to the excusal;
(B) the IEP member submits, in writing to the parent and the IEP team, input into the development of the IEP prior to the meeting;
and
(C) the parent’s consent to the excusal is in writing.
B. NOTICE OF IEP MEETING
The school must take steps to ensure that one or both parents are present at each IEP meeting or are otherwise
afforded the opportunity to participate in the IEP meeting. The meeting is to be scheduled at a mutually agreed upon
time and place. The school must provide notice of an IEP meeting to the parents for the initial IEP meeting and any
subsequent IEP meetings. The notice must be provided in writing at least 10 calendar days prior to the meeting
(K.A.R. 91-40-17(a)(2)) and if the child is at least 14 years old, inform the parents that their child is invited to attend
the meeting. (See Appendix A, Figure 1-7, Meeting Notice and Figure 4-6 IEP Meeting Requirements)
If parents are divorced, regardless of which parent has primary custody, the school must notify both parents unless a
court order precludes this from happening. This applies to all special education notice requirements including notice
of an IEP meeting. If the school is only aware of one parent's address, the school must make reasonable efforts to
locate the other parent in order to provide notice. The school is not required to conduct duplicate IEP team meetings
for divorced parents that do not wish to attend the same meeting.
Beginning at age 14, or younger, if a purpose of the meeting is consideration of the student's postsecondary goals or
transition services, the student must be invited to attend and participate in the IEP team meetings. The school is not
required to give children who are younger than age 18 the same notice that is required for parents, but should
document that the student was invited to the meeting. The school is required to invite the student to the IEP meeting
even if the student’s parents do not want their child to attend the meeting. However, because parents have authority
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to make educational decisions for their child (under 18 years of age), the parents make the final determination of
whether their child will attend the meeting (Federal Register, August 14, 2006, p. 46671).
Beginning at age 18, if rights have transferred to the student, all notices are to go to both the adult student and the
parent, including the notice of the IEP meeting (K.S.A. 72-989(a)). When a student reaches 18 years of age, the
parents no longer have a right to attend or participate in an IEP meeting for their child. The school or the student
may invite the parents to attend the meeting as persons with knowledge or expertise about the student. The notice of
the IEP meeting could be used as an invitation for all team members who are invited to attend the IEP meeting. An
IEP meeting requirements checklist has been developed to ensure all requirements are met (see Figure 4-6 in
Appendix A).
1.
Content of Notice of IEP Meeting
The written notice must indicate (K.A.R. 91-40-17(b); 34 CRF 300.322(b)):
a. the purpose;
b. date;
c. time;
d. location of the meeting;
e. the titles or positions of the persons who will attend on behalf of the school (The school is to notify the
parents about who will be in attendance at an IEP team meeting, however, individuals may be indicated by
position only. The school may elect to identify participants by name, but they have no obligation to do so.);
f. inform the parents of their right to invite to the IEP meeting individuals whom the parents believe to have
knowledge or special expertise about their child; and
g. inform the parents that if their child was previously served in Part C they may request that the local Part C
coordinator or other representative be invited to participate in the initial IEP meeting to ensure a smooth
transition of services.
In addition, beginning not later than the first IEP to be in effect when the child turns 14, or younger if determined
appropriate by the IEP team;
h. indicate that a purpose of the meeting is the consideration of the postsecondary goals and transition
services;
i.
indicate that the school will invite the student; and
j.
identify any other agency that will be invited, with parent consent (or adult student consent), to send a
representative. (K.A.R. 91-40-17(g))
See Figure 1 - 7 in Appendix A for a sample Meeting Notice form.
2.
Methods to Ensure Parent Participation
IEP meetings are to be scheduled at a mutually agreed upon time and place. The school should work with the parent
to reach an amicable agreement about scheduling. If the parent/person acting as parent cannot be located the
school shall request an education advocate (See Chapter 1 for more information on identifying who may act as a
parent and appointing an educational advocate).
The school must take whatever action is necessary to ensure the parents understand the proceedings at the IEP
meeting, including arranging for an interpreter for parents who are deaf or whose native language is other than
English (K.A.R. 91-40-17(d); 34 C.F.R. 300.322(e)).
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If neither parent is able to physically attend the IEP meeting, the parent and the school may agree to use alternative
means of participation, such as video conferences and individual or conference telephone calls (K.S.A. 72-987(b)(1);
K.A.R. 91-40-17(c); 34 C.F.R. 300.322(c); 34 C.F.R. 300.328).
If the parents are unable to meet prior to the annual review date of the IEP and request that the current IEP be
extended for a short period of time until they can be involved in the meeting, the school may honor their request and
document why the IEP has not been reviewed and when the IEP will be reviewed and revised. This situation should
not be a common practice and to avoid this issue it is best to schedule IEP meetings far enough in advance of the
annual review date to allow for rescheduling if necessary.
Each parent must be provided a final copy of the IEP at no cost (K.A.R. 91-40-18(d); 34 C.F.R. 300.322(f)).
3.
Conducting the IEP Team Meeting Without a Parent
A school may conduct an IEP meeting without the parent(s) in attendance if the school, despite repeated attempts,
has been unable to contact the parents to arrange for a mutually agreed upon time or to convince the parents that
they should participate (K.A.R. 91-40-17(e)(1); 34 C.F.R. 300.322(d)). The school must keep a record of its attempts
to arrange a mutually agreed on time and place to secure the parents’ participation. The record shall include at least
two of the following:
Detailed records of telephone calls made or attempted, including the date, time, person making the calls,
and the results of those calls;
Detailed records of visits made to the parents’ home or place of employment, including the date, time,
person making the visit, and the results of the visits;
Copies of correspondence sent to the parents and any responses received; and
Detailed records of any other method attempted to contact the parents and the results of that attempt.
K.A.R. 91-40-17(e)(2)
Districts are encouraged to use their judgment about what constitutes a good-faith effort in making repeated attempts
to involve each family in the IEP process. At minimum, school districts must at least make two attempts, using at
least two methods, to involve the parents in the IEP team meeting.
C.
USING AN IFSP INSTEAD OF AN IEP
The IEP team must consider the use of an IFSP in place of an IEP for children with a disability ages 3-5. The IFSP would be
developed in accordance with all of the IEP procedures, but contain the content described in USC 1436, Part C. At the
discretion of the school, services may be provided for a 2-year-old child who is identified as eligible under Part B and who will
turn age 3 during the school year (K.S.A. 72-987(a)(2); K.A.R. 91-40-(c)(1)). (See Figure 4-2 in Appendix A for content of the
IFSP).
If the school and the parents agree to use an IFSP, the school must provide the child's parents a detailed explanation
of the differences between an IFSP and an IEP, and obtain written informed consent from the parents (K.A.R. 91-40-
16(c)(2)). (See Figure 4-2 in Appendix A for examples of comparison chart and consent form.)
If the school uses the IFSP, as stated above, the IFSP must include the natural environments statement required
under Part C (34 C.F.R. 303.18; 34 C.F.R. 303.344(d)((1)(ii)). The IFSP must also contain an educational
component that promotes school readiness and incorporates pre-literacy, language, and numeracy skills (34 C.F.R.
300.323(b)).
If the child has participated in the Part C Infant-Toddler Program prior to being determined eligible for early childhood
special education services, and already has an IFSP that is in effect, the IEP team may review the content of the
child’s current IFSP to see if it meets the needs of the child for one year, as identified through the Part B evaluation
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process. If it does, the IEP team may use the existing IFSP, but must ensure that all of the requirements for the
development of an IEP are met, including timelines for development and implementation, and designation of a new
current implementation date for the IFSP. If the current IFSP does not meet the needs of the child for one year, the
IEP team, including the parent, will develop a new IFSP, or IEP, for the child.
D. WHEN THE IEP/IFSP MUST BE IN EFFECT
1.
For Children Ages 3-21
An IEP must be developed within 30 calendar days of a determination that the child needs special education and
related services and must be implemented within 10 school days after written parent consent is granted for the
services in the IEP or Individualized Family Service Plan (IFSP) unless reasonable justification for a delay can be
shown. It is important to keep in mind the requirements of IEP development and implementation of the IEP are both
part of the 60 school day timeline of initial evaluation. In addition, the school is required to ensure that an IEP or
IFSP is in effect at the beginning of each school year for each child with an exceptionality (K.S.A. 72-987(a)(1);
K.A.R. 91-40-8(h)(i); K.A.R. 91-40-16(b)(1)(2)(3); 34 C.F.R. 300.323(a)(c)).
2.
For Children Ages 3-5
Each school district must make FAPE available to all eligible children by their third birthday, or age 2 during the
school year in which they turn age 3. An IEP or IFSP must be developed and implemented in accordance with
federal and state laws and regulations. If a child’s birthday occurs during the summer, the child’s IEP team must
determine the date when services under the IEP or IFSP will begin (K.S.A. 72-987(a)(2)(A)).
Many children who have participated in Part C Infant-Toddler services transition to early childhood special education
services by their 3
rd
birthday. Each child must be identified as eligible through a Part B initial evaluation prior to
receiving services at age 3.
For a child who is transitioning into the Part B early childhood special education services from the Part C early
intervention services, the school is required to ensure that:
the child is determined eligible under Part B requirements;
an IEP or IFSP is in effect by the child’s 3
rd
birthday;
if a child’s 3rd birthday occurs during the summer, the child’s IEP team must determine the date when
services will begin, but
not later than the beginning of the school year following the 3
rd
birthday; and
A representative of the district will participate in transition planning conferences arranged by the Part C
program. (K.A.R. 91-40-2(b))
Federal Regulation:
Sec. 300.323. When IEPs must be in effect.
(b) IEP or IFSP for children aged three through five.
(1) In the case of a child with a disability aged three through five (or, at the discretion of the SEA, a two-year-old child with a disability
who will turn age three during the school year), the IEP Team must consider an IFSP that contains the IFSP content (including the natural
environments statement) described in section 636(d) of the Act and its implementing regulations (including an educational component that
promotes school readiness and incorporates pre-literacy, language, and numeracy skills for children with IFSPs under this section who are
at least three years of age), and that is developed in accordance with the IEP procedures under this part. The IFSP may serve as the IEP of
the child, if using the IFSP as the IEP is--
(i) Consistent with State policy; and
(ii) Agreed to by the agency and the child’s parents.
(2) In implementing the requirements of paragraph (b)(1) of this section, the public agency must--
(i) Provide to the child’s parents a detailed explanation of the differences between an IFSP and an IEP; and
(ii) If the parents choose an IFSP, obtain written informed consent from the parents.
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Federal Part C Regulations:
Sec. 303.12
(b) Natural environments. To the maximum extent appropriate to the needs of the child, early intervention services must be provided in natural
environments, including the home and community settings in which children without disabilities participate.
Sec. 303.18 Natural environments.
As used in this part, natural environments means settings that are natural or normal for the child's age peers who have no disabilities.
Sec. 303.344. Content of an IFSP
d) Early intervention services. (1) The IFSP must include a statement of the specific early intervention services necessary to meet the unique
needs of the child and the family to achieve the outcomes identified in paragraph (c) of this section, including--
(i) The frequency, intensity, and method of delivering the services;
(ii) The natural environments, as described in Sec. 303.12(b), and Sec. 303.18 in which early intervention services will be provided, and a
justification of the extent, if any, to which the services will not be provided in a natural environment;
Kansas Statute:
K.S.A. 72-987
. Individualized education program or family service plan; contents; development; duties of IEP team.
(a) (1) Except as specified in provision (2), at the beginning of each school year, each agency shall have an individualized education program
in effect for each exceptional child.
(2) (A) In the case of a child with a disability aged three through five and for two year-old children with a disability who will turn age
three during the school year, an individualized family service plan that contains the material described in 20 U.S.C. 1436, and that is
developed in accordance with this section, may serve as the IEP of the child if using that plan as the IEP is agreed to by the agency
and the child’s parents.
(B) In conducting the initial IEP meeting for a child who was previously served under part C of the federal law, an agency, at the
request of the parent, shall send an invitation to attend the IEP meeting to the part C services coordinator or other representatives of
the part C system to assist with the smooth transition of services.
Kansas Regulations:
K.A.R. 91-40-2. Free appropriate public education (FAPE)
(b)(1) Each agency shall make FAPE available to each child with a disability residing in its jurisdiction beginning not later than the child’s
third birthday.
(2) An IEP or IFSP shall be in effect by the child’s third birthday, but, if that birthday occurs during the summer when school is not in
session, the child’s IEP team shall determine the date when services will begin.
(3) If a child is transitioning from early intervention services provided under part C of the federal law, the agency responsible for providing
FAPE to the child shall participate in transition planning conferences for the child.
K.A.R. 91-40-8. Evaluations
(h) Unless an agency can justify the need for a longer period of time or has obtained written parental consent to an extension of time, the
agency shall complete the following activities within 60 school days of the date the agency receives written parental consent for evaluation of
a child:
(1) Conduct an evaluation of the child;
(2) Conduct a meeting to determine whether the child is an exceptional child and, if so, to develop an IEP for the child. The agency
shall give notice of this meeting to the parents as required by K.A.R. 91-40-17(a); and
(3) Implement the child’s IEP in accordance with K.A.R. 91-40-16.
(i)
In complying with subsection (h) of this regulation, each agency shall ensure that an IEP is developed for each exceptional child within
30 days from the date on which the child is determined to need special education and related services.
K.A.R. 91-40-16. IEP Requirements; periodic IEP review.
(b) Except as otherwise provided in subsection (c), each agency shall ensure that the following conditions are met:
(1) An IEP is in effect before special education and related services are provided to an exceptional child.
(2) Those services to which the parent has granted written consent as specified by law are implemented not later than 10 school days after
parental consent is granted unless reasonable justification for a delay can be shown.
(3) An IEP is in effect for each exceptional child at the beginning of each school year.
(4) The child’s IEP is accessible to each regular education teacher, special education teacher, related service provider, and other service
provider who is responsible for its implementation.
(5) Each teacher and provider described in paragraph (4) of this subsection is informed of the following:
(A) That individual's specific responsibilities related to implementing the child’s IEP; and
(B) the specific accommodations, modifications, and supports that must be provided for the child in accordance with the IEP.
(c)(1) If an agency and a child’s parents agree, an IFSP that meets the requirements of the federal law and that is developed in accordance
with this article may serve as the IEP of a child with a disability who is two years old but will reach three years of age during the next
school year or who is three, four, or five years of age.
(2) Before using an IFSP as an IEP each agency shall meet the following requirements:
(A) The agency shall provide to the child’s parents a detailed explanation of the differences between an IFSP and an IEP.
(B) If the parent chooses an IFSP, the agency shall obtain written consent from the parents for use of the IFSP as the child’s IEP.
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E. DEVELOPMENT OF THE IEP
An IEP that promotes challenging expectations and ensures participation and progress in the general education
curriculum is one that focuses on local and state curricular content standards and related assessments. Thus,
statements of present levels of academic achievement and functional performance (PLAAFPs), measurable annual
goals, special education and related services, and the ongoing monitoring and evaluation of IEPs, should relate to
State and local standards. It is also important that the IEP address each of the child’s other educational needs
identified in the PLAAFP that result directly from the child’s exceptionality. For example, measurable annual goals for
instruction in Braille may be appropriate for children who are blind, even though Braille is not included in the general
education curriculum. Likewise, measurable annual goals for instruction in sign language may be appropriate for
children who are deaf, even though sign language may not be part of the general education curriculum. Annual goals
in academic content areas will be drawn from the general education curriculum. Other annual goals may be based
on standards that are appropriate to meet the child’s unique needs that result from the exceptionality and that allow
the child to participate and progress in the general curriculum. A checklist for IEP content has been developed to
assist in ensuring all necessary content has been included (See Appendix A, Figure 4-7, IEP Content Checklist).
1.
IEP Team Considerations
In order to assure that the IEP team addresses all of the special education and related service needs of the child
there are several special factors that the IEP team
must consider in the development of the IEP (K.S.A. 72-987(d)).
These considerations must be documented but there is no requirement on where they are documented. Some
districts may choose to include documentation of these considerations within the IEP while others may choose to
keep documentation separately and maintain it in the student’s file.
a.
Strengths of the Child
The IEP team should be aware of the strengths of the child, and utilize those strengths during the
development of the IEP to assist in addressing the child’s needs where possible. The strengths should be
included in the present levels of academic achievement and functional performance of the child, as
identified through the evaluation.
b.
Concerns of the Parents for enhancing the education of their child
Parents should have the opportunity to express their concerns for enhancing the education of their child
during the IEP meeting. This provides the parents an opportunity to share with the school what they see as
the most important in meeting the needs of their child. The concerns of the parents must be considered by
the IEP team but do not obligate the IEP team.
c.
Results of the Initial Evaluation or Most Recent Reevaluation
In developing each child’s IEP, the IEP team must consider the results of the initial or most recent
reevaluation of the child. This must include a review of valid evaluation data and the observed needs of the
child resulting from the evaluation process and, as appropriate, any existing data, including data from
current classroom-based, local and State assessments.
d.
The Academic, Developmental and Functional Needs of the Child
In developing each child’s IEP, the IEP team is required to consider the academic, developmental, and
functional needs of the child. A child’s performance on State or district assessments logically would be
included in the IEP team’s consideration of the child’s academic needs. In addition, as part of an initial
evaluation or reevaluation, the IEP team must review existing evaluation data, including data from current
classroom based, local, and State assessments. The consideration of State and district-wide assessment
programs is consistent with the emphasis on the importance of ensuring that children with disabilities
participate in the general curriculum and are expected to meet high achievement standards. Effective IEP
development is central to helping these children meet these high standards
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e.
Behavioral Concerns
In the case of a child whose behavior impedes the child’s learning or that of others, the IEP team must
consider the use of positive behavioral interventions and supports, and other strategies, to address the
behavior. The focus of behavioral interventions and supports in the IEP is prevention of the behavior, not
just provision for consequences subsequent to the behavior. This means that the team will need to attempt
to identify the function of the behavior, usually through a functional behavioral assessment, and develop
strategies to prevent the behavior from occurring again in the future.
The positive behavioral interventions and supports could be implemented through the IEP annual goals,
program modifications, or a behavioral intervention plan (BIP). If a behavioral intervention plan is developed
by the IEP team, it becomes part of the IEP and any changes to it would require a meeting of the IEP team
to consider the proposed changes to the plan. If the BIP is developed by a building based problem solving
team or other group of individuals other than the IEP team it does not have to be included in the IEP.
Special education laws and regulations place a strong emphasis on supports and interventions, including
positive behavior interventions and supports that are scientifically research-based. Scientifically based
research means that the interventions or supports must be accepted by a peer-reviewed journal or approved
by a panel of independent experts through a comparably rigorous, objective, and scientific review. (Federal
Register, August 14, 2006, p. 46683) These strategies are designed to foster increased participation of
children with exceptionalities in general education environments or other less restrictive environments, not
to serve as a basis for placing children with exceptionalities in more restrictive settings. No child should be
denied access to special education services and the opportunity to progress in the general education
curriculum. (See Appendix A, Figure 13-7, FBA)
f.
Limited English Proficiency
The IEP team must consider the language needs of the child who has limited English proficiency as those
needs relate to the IEP including the impact of how service provides communicate with the student and
progress is measured.
g.
Braille
(only for Children with Disabilities)
For a child who is blind or visually impaired, the IEP team must consider instruction in Braille. The use of
Braille should be provided unless the IEP team determines, after an 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), that instruction in Braille or the use of Braille is not
appropriate for the child. If Braille is to be taught as a method of accessing printed material, it is to be
indicated in the IEP.
h.
Communication Needs
The communication needs of all students with exceptionalities must be considered on each IEP. Depending
on whether the student is Deaf/Hard of Hearing or has other exceptionalities will impact which
considerations must be made.
(i)
For Children with Exceptionalities
It is required that the IEP team considers the communication needs of each child. This consideration
must include the unique communication needs of all children in order to help them achieve their
educational goals.
(ii)
For Children who are Deaf/Hard of Hearing
(only for Children with Disabilities)
For a child who is deaf or hard of hearing, the IEP team must consider the child’s language and
communication needs, including the opportunity for direct communication with peers and professional
personnel in the child’s language and communication mode, as well as academic level, and full range of
needs including opportunities for direct instruction in the child’s language and communication mode. It
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is important that the school recognize that this consideration is not an administrative decision for only
one particular type of sign language interpreting to be available, nor is it a parental decision based on
parental choice. Instead, it is an IEP team decision based on the unique communication needs of each
child. The school must provide the communication services that each child requires.
i.
Assistive Technology
(only for Children with Disabilities)
The IEP team must determine whether an individual child needs an assistive technology (AT) device or
service, and if so, the nature and extent to be provided. It is possible that an assistive technology evaluation
will be required to determine if the child would need an assistive technology service and/or assistive
technology device. Any needs identified should be reflected in the content of the IEP, including, as
appropriate, the instructional program and services provided to the child. According to current Medicaid
reimbursement rules, if an AT device is purchased with Medicaid-funds (or from private insurance), it
belongs to the family.
j.
Extended School Year Services
(only for Children with Disabilities)
For children with disabilities, the IEP team must consider each individual child’s need for extended school
year (ESY) services during time periods when other children, both disabled and nondisabled, normally
would not be served. If ESY is determined to be necessary to enable the child to benefit from his or her
education, then the type and amount of special education services to be provided, including frequency,
location and duration, are documented in the IEP. Schools must not limit the availability of ESY services to
children in particular categories of disabilities, or limit the type, amount, or duration of these necessary
services. Kansas law does not allow ESY services for children identified as gifted.
For an eligible child who will turn 3 during the summer, the IEP team must make the determination of the
need for ESY services during that summer. (See Chapter 5 for more information on ESY.)
k.
Notification to Kansas Rehabilitation Services
(only for Students with Disabilities)
When a student turns 16, the IEP team must determine if the needs of the student warrant the school’s
notifying the district office of Kansas Rehabilitation Services (KRS) (K.S.A. 75-53, 101). If the student may
have any need for vocational rehabilitation services regardless of whether the student is headed directly to
employment or into education/training, notification to KRS may be appropriate. This is only a notification
and not a referral for services. If notification is determined not to be necessary, the IEP team must
document reasons for that decision. When making this notification, it is important for the school to
remember that the notification contains personally identifiable information regarding the student, and
parental consent to disclose confidential information is required.
l.
Physical Education Needs
(only for Children with Disabilities)
The IEP team must consider the physical education needs of the child, which may need to be adapted
physical education services. If adapted physical education is required, it should be addressed in the IEP
(K.A.R. 91-40-3(c)).
m.
Potential Harmful Effects
(only for Children with Disabilities)
The IEP team must consider the potential harmful effects of the placement of a student with a disability no
matter where on the continuum the child is placed. This consideration must include both the child and the
quality of the services the student needs (K.A.R. 91-40-21(f)).
(For more information, see Chapter 5, Special Education and Related Services and See Appendix A, Figure 4-4, IEP
Team Considerations.)
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Kansas Statute:
K.S.A. 72-987. IEP team considerations
(d) In developing each child’s IEP, the IEP team shall consider:
(1) The strengths of the child and the concerns of the parents for enhancing the education of their child;
(2) the results of the initial evaluation or most recent evaluation of the child;
(3) the academic, developmental and functional needs of the child;
(4) in the case of a child whose behavior impedes the child’s learning or that of others, the use of positive behavioral interventions and
supports and other strategies to address that behavior;
(5) in the case of a child with limited English proficiency, the language needs of the child as such needs relate to the child’s IEP;
(6) in the case of a child who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless the IEP team
determines, after an 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, that instruction in Braille or the use of Braille is not appropriate
for the child;
(7) the communication needs of the child, and in the case of a child who is deaf or hard of hearing, consider the child’s language and
communication needs, opportunities for direct communications with peers and professional personnel in the child’s language and
communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child’s language and
communication mode; and
(8) whether the child requires assistive technology devices and services.
K.S.A. 75-53,101. Same; compilation of background information.
(a) If the secretary provides services under this act and staff is
available, an individual with disabilities who has been receiving special education under the provisions of K.S.A. 72-961
et seq.
, and
amendments thereto, and public law 101-476 (the individuals with disabilities education act) shall receive transition planning services
upon attaining the age of 16 years. The local education authority which is responsible for the education of a person, with the consent of
the person or the person's parent or guardian, shall notify the secretary of the name and address of such person, the record of the special
education services being provided to such person and the expected date of termination of such services.
(b) Within 30 days after such notification, the secretary shall begin to prepare a case file on such person consisting of all
available information relevant to the questions of whether such person has a disability and what services may be necessary or appropriate
upon termination or graduation. The local education authority, with the consent of such person or the person's parent or guardian, shall
provide the secretary with copies of relevant current portions of the record of such person, which shall be included in such person's case
file. The secretary also shall provide an opportunity for the submission by or on behalf of such person, of information relative to such
person's training needs and all information so provided shall be included in such person's case file.
History:
L. 1992, ch. 129, § 3; July
1.
Kansas Regulations:
K.A.R. 91-40-18. IEP development and content
(a) In developing or reviewing the IEP of any exceptional child, each agency shall comply with the requirements of K.S.A. 72-987 and
amendments thereto, and, as appropriate, shall consider the results of the child's performance on any general state or districtwide
assessment programs.
(b) If, as a result of its consideration of the special factors described in K.S.A. 72-987(c) and amendments thereto, an IEP team determines that
a child needs behavioral interventions and strategies, accommodations, assistive technology devices or services, or other program
modifications for the child to receive FAPE, the IEP team shall include those items in the child’s IEP.
(c) Each agency shall ensure that the IEP of each exceptional child includes the information required by K.S.A. 72-987(b) and
amendments thereto.
(d) Each agency shall give the parent a copy of the child's IEP at no cost to the parent.
(e) At least one year before an exceptional child reaches 18 years of age, the agency providing services to the child shall ensure that the child’s
IEP includes a statement the student has been informed of rights provided in the federal law, if any, that will transfer to the child on
reaching 18 years of age.
2.
Content of the IEP
Evaluation information for a child with an exceptionality must identify each of the child's specific needs that result
from the exceptionality, provide baseline information and describe how the exceptionality affects the child’s
participation and progress in the general education curriculum. Utilizing baseline data established in the present
levels of academic achievement and functional performance (PLAAFPs), the IEP team must develop
measurable annual goals, including academic and functional goals that meet the child’s needs and enable the
child to be involved in and make progress in the general education curriculum. The special education, related
services, supplementary aids and services, program modifications, and supports for school personnel described
in the IEP must reflect the child's needs in order to ensure he or she receives educational benefit.
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a.
Present Levels of Academic Achievement and Functional Performance
Present levels of academic achievement and functional performance (PLAAFPs) are not new to IDEA 2004,
in previous laws they have been called present levels of educational performance or PLEPs. The
requirements of a present level statement is not any different, however, the name was changed slightly to
emphasize the importance of issues beyond academics only.
The IEP for each exceptional child shall include a statement of the child’s present levels of academic
achievement and functional performance, including:
1. how the child’s disability or giftedness affects the child’s involvement and progress in the general
education curriculum;
2. for preschool children, as appropriate, how the disability affects the child’s participation in appropriate
activities; and
3. for those children with disabilities who take alternate assessments aligned with alternate achievement
standards, a description of benchmarks or short-term objections (K.S.A. 72-987(c)(1)).
The PLAAFPs summarize the child’s current performance and provide the foundation upon which all other
decisions in the child’s IEP will be made. The PLAAFPs identify and prioritize the specific needs of a child
and establish a baseline from which to develop meaningful and measurable goals. For a PLAAFP to be
complete it needs to include information about:
1.
Current Academic Achievement and Functional Performance
: This is the broadest type of
information that is included in the present level statement. It helps the team to begin to sort through
information and data to determine how well the child is performing and to make note of additional
issues outside of academic and functional behavior that have a direct impact upon how well the child
performs in school. This communicates a more global understanding of the child. This might include
information such as standardized assessments, learning rate, social issues, vocational interests,
independent living skills, and other interests, strengths, and weaknesses.
2.
Impact of Exceptionality
upon ability to access and progress in the general curriculum: In addition to
describing the child’s current performance (academics and functional areas), PLAAFPs must describe
how the exceptionality affects the child’s involvement and progress in the general curriculum. The
present level statement must also include more specific information that clearly describes how the
child’s exceptionality impacts (or manifests itself) within the general education curriculum that prevents
them from appropriately accessing or progressing. By completing this statement it will make it clear to
the team what the child’s needs are and which ones are of highest priority to be addressed.
3.
Baseline:
Baseline data provides the starting point for each measurable annual goal, so there must be
one baseline data point for every measurable annual goal on the child’s IEP. Baseline data in the
PLAAFPs are derived from locally developed or adopted assessments that align with the general
education curriculum
.
Examples of baseline data include percent of correct responses, words read
correctly, number of times behavior occurs, and mean length of utterances. Other issues important in
collecting baseline data are the understanding that any goal written will have the same measurement
method as was used in collecting its baseline data. Also, when selecting baseline data it needs to be
(a) specific – to the skill/behavior that is being measured, (b) objective – so that others will be able to
measure it and get the same results, (c) measurable – it must be something that can be observed,
counted, or somehow measured, and (d) able to be collected frequently – when progress reports are
sent out the progress of the student toward the goal will have to be reported using the same
measurement method as used to collect the baseline data. Non-examples of this would be self-esteem
or social awareness without a more specific description of what it means.
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Local school districts have a variety of places to document these components. In the IEP there is no single
place these components must be documented and the law explicitly states that information included in one
part of the IEP does not have to be duplicated in another part. So when looking at local forms you may find
baseline data in the main section of the present levels or in boxes along side the measurable annual goals.
Both are acceptable and legal as long as the data they contain is correct.
For preschool children, the PLAAFPs describe how the disability affects the child's participation in
appropriate activities. The term “appropriate activities” includes activities that children of that chronological
age engage in as part of a preschool program or in informal activities. Examples of appropriate activities
include social activities, pre-reading and math activities, sharing-time, independent play, listening skills, and
birth to 6 curricular measures. Federal regulations at 34 C.F.R. 300.323(b) indicate that preschool
programs for children with disabilities should have an educational component that promotes school
readiness and incorporates pre-literacy, language, and numeracy skills. Teachers should become familiar
with the curriculum standards for kindergarten to know what is expected at that age and to give direction for
learning activities and from future early childhood standards.
For children ages 14 and older (or younger if appropriate), the PLAAFPs also describe the child’s transition
needs in the areas of education/training, employment and where appropriate independent living skills.
The IEP team should consider the following questions when writing the PLAAFPs:
In areas of concern, what is the child's present level of performance in relationship to district standards
and benchmarks in the general education curriculum (or to the extended standards)?
In areas of concern, what is the child's present level of performance in relationship to level of
performance that will be required to achieve the postsecondary goals?
Are there functional areas of concern related to the disability not reflected in the general education
curriculum (e.g., self-care skills, social skills, classroom survival, etc.)?
What is the degree of match between the skills of the child and the instructional environment?
What strengths of the child are relevant to address the identified concerns?
Examples of PLAAFP Statements:
Example of Current Academic Achievement and Functional Performance:
Jeremiah is a 9 year old fourth grade student with average ability, whose achievement testing
shows relative strength in reading and weakness in math. Jeremiah is reading at grade level and
has good comprehension. He likes to read and he also enjoys science activities. His most recent
CBM testing showed that he read 111 words per minute, which is at the 65 percentile on local
norms. Math CBM testing showed that he scored 9 digits correct in a two minute timing, which is at
the 17 percentile on district fourth grade norms. Mom reports that he brings home assignments
requiring reading, but he forgets his math homework.
Example of Impact of Exceptionality:
Jeremiah has difficulty paying attention during class time. His inability to stay on task and follow
directions is negatively affecting his classroom performance. When asked to begin work, he often
looks around as if he does not know what to do. Observations indicate he often looks to peers for
directions, rather than attending to the teacher. This occurs in both classes that he likes and in
those he does not like. When the teacher goes to him to provide individual help, he refuses help
and insists he understands what to do, but then he often completes the assignment incorrectly.
Jeremiah also needs to work on staying in his personal space and not invading others’ personal
space. This is exhibited when he swings a backpack or his arms around in a crowded room or
while walking down the hall. Observations of Jeremiah show this is also an issue during games in
PE class and in unstructured activities during recess, such as playing tag. He is unable to
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appropriately interact with others. He sometimes stands very close to other students, squaring up
to them, in a posture that is intimidating to younger students, and challenging to those his own age.
He has also been observed to inappropriately touch other students. These behaviors have been
especially problematic during special out-of-school activities, and Jeremiah has not been allowed
to attend the last two class field trips, because of the severity of problems on earlier field trips.
Example of Baseline Data:
Teachers estimate that Jeremiah inappropriately invades other's space at least 50% of the time
during unstructured activities. Observations using interval recording indicate that during recess he
invaded others’ space (using defined behavioral criteria) during 70% of the observation intervals.
During classroom time, he was out of his seat and inappropriately close to another student during
35% of the observation intervals. Total off-task behavior during classroom observation was 60% of
observed intervals.
Other Examples of PLAAFP Statements:
Example of Current Academic Achievement and Functional Performance:
In his general education 8
th
grade math classroom, Mike is currently turning in about half of his
assignments, and only about a third of those assignments are completed. Accuracy of his turned-
in work fluctuates markedly. Because of his poor assignment completion, Mike received a mid-
quarter failing warning letter. Mike’s completion of assignments in other curricular areas is not a
concern.
Example of Impact of Exceptionality:
Stephanie, a third grader, when given a sixth grade-level mixed math operations probe that
includes fractions, decimals, and percents, is able to correctly solve 87% of all problems presented.
This means that Stephanie is approximately 3 years ahead of her typical third grade peers in math
calculation. In areas of math other than calculation, Stephanie has mastered most of the fourth
grade but very few of the fifth grade math standards. She is not yet able to solve one-step
equations with one variable and she is not yet able to use function tables to model algebraic
relationships. She has learned to make one but not two transformations in the area of geometry.
In probability, she has not yet learned how to use fractions to represent the probability of an event.
Example of Baseline Data:
Todd, a fourth grader, currently reads 85 words per minute with 5 errors when given a first
semester, second grade-level passage. According to district norms, Todd is reading at the 5
th
percentile for fourth graders in the fall.
b.
Measurable Annual Goals
Measurable annual goals are descriptions of what a child can reasonably be expected to accomplish within
a 12-month period with the provision of special education (specially designed instruction) and related
services. When selecting areas of need to address through annual goals, the IEP team’s focus should be
on selecting goals from the most highly prioritized needs from the PLAAFPS. For curricular needs, the IEP
team should consider identifying goals from the standards and benchmarks of the local district or from the
Kansas Extended Standards. To accomplish this, it is necessary that the child's performance be measured
against the district or state standards, benchmarks, and indicators. As districts develop assessments to
measure their standards, all children need to be included.
Measurable annual goals must be related to meeting the child’s needs that result from the child’s
exceptionality, to enable the child to be involved and progress in the general or advanced curriculum. In
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addition, they must meet each of the child’s other educational needs that result from the child’s
exceptionality (K.S.A. 72-987(c)(2)). Annual goals are not required for areas of the general curriculum in
which the child’s exceptionality does not affect the ability to be involved and progress in the general
curriculum. The annual goals included in each child’s IEP should be individually selected to meet the
unique needs of the individual child. The goals should not be determined based on the category of the
child’s exceptionality or on commonly exhibited traits of children in a category of exceptionality. Additionally,
a student taking the Reading KAMM must have an IEP goal in the area of reading. A student taking the
Mathematics KAMM must have an IEP goal in the area of math (see section “e. Participation in State
Assessment and District-wide Assessment).
There is a direct relationship between the measurable annual goal, baseline data and the needs identified in
the PLAAFPs. Because the PLAAFPs are baseline data for the development of measurable annual goals,
the same criteria used in establishing the PLAAFPs must also be used in setting the annual goal.
Identified Need
from
PLAAFP
Baseline Data
from
PLAAFP
Currently reads 85 words
per minute with 5 errors
when given a first
semester, second grade-
level passage
Todd, a 4
th
grader, is
reading at the 5
th
percentile
based on district 4
th
grade
norms.
In 36 weeks, Todd will read
120 words per minute with
0 errors when given a
second semester, second
grade level passage.
Measurable Annual Goal
Four critical components of a well-written goal are:
Timeframe
is usually specified in the number of weeks or a certain date for completion. A year is the
maximum allowed length for the timeframe.
o
In 36 instructional weeks…
o
By November 19, 2008…
o
By the end of the 2008-2009 school year…
Conditions
specify the manner in which progress toward the goal is measured. Conditions are dependent
on the behavior being measured and involve the application of skills or knowledge.
o
When presented with 2nd-grade-level text…
o
Given a mixed, 4th-grade-level math calculation probe…
o
Given a story prompt and 30 minutes to write…
Behavior
clearly identifies the performance that is being monitored, usually reflects an action or can be
directly observed, and is measurable.
o
Sarah will read…
o
Claude will correctly solve…
o
Mary will score…
Criterion
identifies how much, how often, or to what standards the behavior must occur in order to
demonstrate that the goal has been reached. The goal criterion specifies the amount of growth the child is
expected to make by the end of the annual goal period.
o
96 words per minute with 5 or fewer errors.
o
85% or more correct for all problems presented.
o
4 or better when graded according to the 6-trait writing rubric.
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Well written measurable annual goals will pass the “Stranger Test.” This test involves evaluating the goal to
determine if it is written so that a teacher who does not know the child could use it to develop appropriate
instructional plans and assess the child’s progress.
The number of goals addressed in the IEP depends on the child's needs. Prerequisite skills, immediate
needs, and general applicability are all factors to consider when establishing priorities. Parents, general
education teachers, and children are also essential sources of information when setting priorities.
If the child needs accommodations or modifications in order to progress in an area of the general
curriculum, the IEP does not need to include a goal for that area; however the IEP would need to specify the
modification and accommodations. Each IEP must have at least one measurable annual goal.
c.
Benchmarks or Short-Term Objectives (disabilities only)
Benchmarks or Short-Term Objectives are only required on the IEP of a child with a disability who takes an
alternate assessment aligned to alternate achievement standards (K.S.A. 72-987(c)(1); 34 C.F.R.
320(a)(2)(ii)). This means that only children who take the Kansas Alternate Assessment (KAA) would be
required to have short-term objectives or benchmarks on their IEPs. This requirement would apply to
preschool children and children with disabilities in kindergarten through grade two only if these children are
assessed in a State or district-wide assessment program based on alternate achievement standards.
However, this requirement would not prohibit the use of benchmarks or short-term objectives to be used to
measure progress toward meeting the measurable annual goals for any child with an exceptionality (Federal
Register, August 14, 2006, p. 46663).
i.
Benchmarks (Milestones or Major Milestones)
Benchmarks are major milestones that describe content to be learned or skills to be performed in
sequential order. They establish expected performance levels that coincide with progress reporting
periods for the purpose of gauging whether a child’s progress is sufficient to achieve the annual goal. It
is important to note that the term “benchmark,” as it is used in the IEP, should not be confused with the
term “benchmark” as it is used in state and local standards. In the curricular standards, a benchmark is
a specific statement of what a child should know and be able to do. In the context of IEPs, benchmarks
measure intermediate progress toward the measurable annual goal.
Example PLAAFP Statement, Measurable Annual Goal, and Benchmarks for Student taking the
KAA (Kansas Alternate Assessment)
PLAAFP: Jennifer uses the BIGmack switch or step by step when it is presented, but she uses these
devices only with adults, and not with her peers. She requires physical prompting to use the devices at
least 90% of the time. She does not acknowledge the presence of peer communicative partners in an
observable manner.
Measurable Annual Goal 1:
Within 36 educational weeks, Jennifer will acknowledge the presence of a peer communicative partner
as evidenced by gestures, changes in body position, or vocalizations, and participate in a familiar
structured turn-taking communicative routine with physical prompting in at least one school setting.
Benchmarks:
1. In 9 instructional weeks, when joined by a peer, Jennifer will acknowledge the presence of a peer
communicative partner as evidenced by gestures, changes in body position, or vocalizations.
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2. In 18 instructional weeks, when joined by a peer, Jennifer will acknowledge the presence of a peer
communicative partner as evidenced by gestures, changes in body position, or vocalizations, and
will participate in a structured turn-taking activity with a peer when physically prompted by an adult.
3. In 27 instructional weeks, while participating in a familiar, structured turn-taking activity with a peer,
Jennifer will recognize when it is appropriate to take her turn and respond to this opportunity as
evidenced by gestures, changes in body position, vocalizations, or actions, and by activating a
voice-output device at the appropriate time with physical prompts from an adult.
ii.
Short-Term Objectives (Intermediate Steps)
Short-term objectives are measurable, intermediate steps between a child's baseline data in the present
level and the annual goal, with the conditions under which the skill is to be performed, the behavior to
be observed, and the criteria for success
.
A short-term objective follows the same pattern of the goal,
with a shorter timeframe and intermediate criteria to be attained. The goal and short-term objectives
establish how child outcomes will be measured. Diagnostic assessment will provide the information
needed to develop an instructional plan for achieving the goals and objectives.
Example PLAAFP Statement, Measurable Annual Goal, and Benchmarks for Student taking the
KAA (Kansas Alternate Assessment)
PLAAFP: Jennifer has significant difficulty with motor strength and endurance. Currently, Jennifer is
able to sit in a classroom chair while engaged in a classroom activity for only 4 minutes.
Measurable Annual Goal 3:
In 36 instructional weeks, Jennifer will sit in a classroom chair for 20 minutes while engaged in a
classroom activity.
Short-Term Objectives:
1. In 9 instructional weeks, Jennifer will sit in a classroom chair for 8 minutes while engaged in a
classroom activity.
2. In 18 instructional weeks, Jennifer will sit in a classroom chair for 12 minutes while engaged in a
classroom activity.
3. In 27 instructional weeks, Jennifer will sit in a classroom chair for 16 minutes while engaged in a
classroom activity.
d.
Measuring and Reporting Progress on Annual Goals
Once the IEP team has developed measurable annual goals for a child, the team must include a description
of how the child’s progress toward meeting the annual goals will be measured. This measure of progress
will enable parents, children, and educators to monitor progress during the year, and, if appropriate, to
revise the IEP to be consistent with the child’s instructional needs. The idea is to use progress monitoring
information in a formative way, to help with decision-making about instructional changes that may be
needed. If a measurable annual goal is written correctly with the 4 components (behavior, criteria, condition
and timeframe) the requirement of how progress toward the goal is measured is contained within the goal
and no additional information is required.
The IEP must include a description of when parents will be provided periodic reports about their child’s
progress toward meeting the annual goals. An example might be through the use of quarterly or other
periodic reports concurrent with the issuance of district report cards (K.S.A. 72-987(c)(3); 34 C.F.R.
300.320(a)(3)). The reporting may be carried out in writing or through a meeting with the parents (including
documentation of information shared at the meeting); whichever would be a more effective means of
communication. Whatever the method chosen, child progress toward the goals must be monitored in the
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method indicated on the IEP and progress reports should include a description of the child’s progress
toward his/her measurable annual goals.
e.
Participation in State Assessments and District-Wide Assessments (disabilities only)
The IEP team must make a decision about how the child with a disability will participate in State
assessments and district-wide assessments. There are three options for each content area available to
children with disabilities for the Kansas State Assessments. The IEP team is to make the decision which
assessment is appropriate for the child for each curricular area being assessed in that child’s grade level
during the upcoming IEP year. These options include the:
1. Kansas State Assessment,
2. Kansas Assessment with Modified Measures (KAMM), and
3. Kansas Alternate Assessment (KAA).
The intent is that all children will be assessed and will be part of the State and district accountability
systems. The IEP team should apply the eligibility criteria for the KAMM and KAA to help determine which
assessment is the most appropriate for the child. The eligibility criteria for each assessment are included in
the Examiners Manual for each assessment available online at
www.ksde.org. The eligibility criteria for the
KAMM and KAA are also available online at
www.kansped.org on the Assessments page, under either the
KAMM or Kansas Alternate Assessment.
If the IEP team determines that the child shall take the KAMM or KAA, the IEP must include a statement of:
a) which assessment the child will participate in,
b) why the child cannot participate in the regular assessment and
c) why the particular alternate assessment selected is appropriate for the child (K.S.A. 72-987(c)(6)).
A student taking the Reading KAMM must have an IEP goal in the area of reading. A student taking
the Mathematics KAMM must have an IEP goal in the area of math.
Any student for whom the KAMM is
the most appropriate option for participating in a Kansas assessment is highly likely to need an IEP goal to
address significantly low academic skills, since “performance that is multiple years behind grade level
expectations” is a component of the eligibility criteria for the KAMM.
Goals on any student’s IEP should be based upon a student’s present levels of academic achievement and
functional performance (PLAAFPs) and consideration of the Kansas content standards. If a student meets
the eligibility criteria for the KAMM, that student is highly likely to need a goal or goals related to the content
standards. A student taking the KAMM may also need goals not related to the content standards (e.g.,
behavior, orientation and mobility, motor skills, etc.) In both the Kansas Reading Standards and the
Kansas Mathematics Standards, the wording of the standards is the same across grade levels. It is the
benchmarks and indicators that vary according to grade level, and which reflect the specific skills
appropriate for inclusion in a measurable goal. When considering specific skills and criteria for writing
measurable goals, teams need to take into account both on-grade level skills and developmentally important
prerequisite skills.
The State has identified allowable accommodations for State assessments for both general education and
special education children. These are listed in the Accommodations Manual available at
www.ksde.org or at
www.kansped.org . The Accommodations Manual provides information on accommodations appropriate for
classroom instruction and classroom assessment and allowable accommodations for Kansas State Assessments.
Most accommodations allowed for the Kansas general assessment are for
all
students, but certain
accommodations are designated as allowed for students with IEPs or 504 Plans only.
If a student with an IEP needs a read-aloud accommodation for the Kansas Assessments, that need must
be documented on the student’s IEP. The need for the read-aloud accommodation should be determined
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for each individual content area being assessed. However, if reading passages on the Kansas State
Reading Assessment is allowed on any student’s IEP, the student will then be counted as not participating.
In order to use the read-aloud accommodation on Kansas Assessments, the student must have the read-
aloud accommodation provided in the classroom on a regular basis (i.e. as an on-going practice), for both
instructional material and assessments/tests. Local districts must provide training for human readers
providing the read-aloud accommodation.
If a student has the read-aloud or any other accommodation listed
on his/her IEP, the student must receive that accommodation on the Kansas Assessment. If a student uses
an accommodation on Kansas Assessments that is not allowed, the test will be considered invalid and the
student will count against AYP participation.
Any accommodation regularly used in instruction should be used on classroom assessments for children
with IEPs. Individual school districts may establish their own policies for allowable accommodations for
district-wide assessments. All accommodations that are necessary in order for the child to participate in
State or district-wide assessments must be documented on the IEP.
For current information regarding the Kansas State Assessments see
www.ksde.org
or www.kansped.org
.
f.
Secondary Transition (ONLY for students with disabilities)
Beginning at age 14, and updated annually, the IEP must contain (1) appropriate measurable
postsecondary goals based upon age-appropriate transition assessments related to training/education,
employment and where appropriate, independent living skills; and (2) the transition services, including
appropriate courses of study, needed to assist the child in reaching the stated postsecondary goals; and (3)
beginning at age 16, or younger, if determined appropriate by the IEP team, a statement of needed
transition services for the child, including, when appropriate, a statement of the interagency responsibilities
or any needed linkages (K.S.A. 72-987(c)(8)).
1.
Transition Assessment
The LEA must conduct age-appropriate transition assessment at a minimum in the areas of
education/training, employment, and, where appropriate, independent living. The purpose of transition
assessment is to provide information to develop and write practical, achievable measurable post-
secondary goals and assist in the identification of transition services necessary in helping the student
reach those goals. Transition assessment must be conducted prior to the student reaching age 14 and
prior to the development of the measurable post secondary goals and transition services in the students
IEP. For each postsecondary goal there must be evidence that at least one age-appropriate transition
assessment was used to provide information on the student’s needs, strengths, preferences and
interests regarding postsecondary goals. Evidence would most likely be found in the student’s file.
Those responsible gather the information needed to understand student needs, taking into account
strengths, preferences and interests through career awareness and exploration activities and a variety
of formal and informal transition assessments. These assessments should seek to answer questions
such as:
a. What does the student want to do beyond school (e.g., further education or training, employment,
military, continuing or adult education, etc.)?
b. Where and how does the student want to live (e.g., dorm, apartment, family home, group home,
supported or independent)?
c. How does the student want to take part in the community (e.g., transportation, recreation,
community activities, etc.)?
It is important to consider and understand transition assessment as having the potential of being a
reevaluation. As information is collected to identify and determine need for services, in this case
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transition services, the assessments could easily enter into the area of reevaluation requiring notice,
consent and an evaluation report. For more information about determining whether the activities of the
planned transition assessment would be considered a reevaluation see Chapter 7 on Reevaluation.
2.
Measurable Postsecondary Goals
Each IEP for a student with a disability, who will be 14 or older during the time period of the IEP, must
have measurable postsecondary goal(s) that address the areas of: training/education, employment, and
independent living when appropriate. The only goal area that is not required based on individual student
needs is independent living.
Descriptions of these categories are:
Training/Education – specific vocational or career field, independent living skill training, vocational
training program, apprenticeship, OJT, military, Job Corps, etc., or 4 year college or university,
technical college, 2 year college, military, etc.
Employment - paid (competitive, supported, sheltered), unpaid, non-employment, etc.
Independent living skills – adult living, daily living, independent living, financial, transportation, etc.
Measurable postsecondary goals are different from measurable annual goals in that they measure an
outcome that occurs after a student leaves high school where a measurable annual goal measures
annual progress of the student while in school. However, it is important to note that for each
postsecondary goal, there must be an annual goal included in the IEP that will help the student make
progress towards the stated postsecondary goal. When developing annual goals, the team should ask
“what postsecondary goal(s) does this annual goal support?”. Due to this difference, how measurability
is included in the goal is different. The requirements for measurable postsecondary goals are specific
to the areas of training/education, employment and independent living, where appropriate, may be
written into a single “combo” goal that addresses both training/education, employment, and
independent living, where appropriate, in a single goal or as two/three separate goals. Measurable
postsecondary goals must be stated in a way that can be measured as yes or no it was achieved; a
process such as how a student will achieve a postsecondary goal is not measurable or steps/activities
to achieve the goal are not appropriate. The statement needs to indicate what the student “will” do after
graduating or completing their secondary program rather than what the student “plans”, “hopes”,
“wishes” or “wants” to do. Some examples of measurable postsecondary goals are:
Examples of Measurable Postsecondary Goals:
Example Individual goals:
Sara’s training/education goal is to attend college to study drafting.
Sara’s employment goal is to obtain employment as a CAD operator.
Example Combo goal:
Sara’s postsecondary goal is to attend college to study drafting to obtain employment as a CAD
operator.
3.
Courses of Study
Each IEP for a student with a disability (who will be 14 or older during the time period of the IEP) must
also contain a description of the courses of study (i.e. age 14 transition services) needed to assist the
student in reaching those goals. The courses of study must focus on improving the academic and
functional achievement of the student to facilitate movement from school to post-school by describing
the courses and/or educational experiences that are related to the student’s postsecondary goals.
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If the guidance counselor keeps a transcript of required courses toward graduation, the IEP team
should review the transcript and plan to determine that the courses identified support the student’s
postsecondary goals. The guidance counselor may be involved in the IEP meeting should there be
changes to the coursework. Other school experiences need to be considered as well. Each year the
IEP team reconsiders the student’s postsecondary goals and aligns the courses of study with those
desired goals. The decisions regarding the courses of study should relate directly to where the student
is currently performing and what he or she wants to do after graduation. The connection between the
student’s postsecondary goals and the courses of study should be obvious. To address the courses of
study, the team should ask:
a. Do the transition courses of study focus on improving the academic and functional
achievement of the child to facilitate their movement from school to post-school?
b. Do the courses of study (and other educational experiences) align with the student’s
postsecondary goal(s)?
The statement of courses of study is not required to be a listing of individual courses but could be part
of the statement if appropriate for the student. The following are examples of statements of the courses
of study:
Examples of Courses of Study
Sam plans on going to college and is interested in engineering. He will participate in the general
college prep curriculum with a focus on math and sciences.
Nancy is planning on working construction when she finishes high school. To attain the skills
necessary for construction, in addition to the general education curriculum she will take additional
technical education courses in trades and industry.