1. Procedural
  2. Handbook for Administrators
  3. Special Education
    1. Table of Contents
    2. Special Education Staff Contact:
    3. Notes:
    4. Special Education Acronyms:
    5. Notes:
    6. Accommodations/Modifications:
      1. State Testing Definitions:
    7. Notes:
    8. Administrators at IEP meetings:
    9. Administrative Designee:
    10. Notes:
    11. Behavior Support Plan (BIP):
      1. What is a Behavior Support Plan (BIP)?
      2. Why does the school need to write one?
      3. Who Makes Up the Behavior Support Team?
    12. Notes:
    13. Budget:
    14. Open Purchase Requisitions are not permitted.
    15. Calendars:
    16. Notes:
    17. Change of Placement:
    18. Notes:
    19. Child Find - Haysville:
    20. Notes:
    21. Continuum of Program Options:
      1. General Education Programs:
      2. Resource Programs
    22. Designated Instruction and Services
      1. Special Classes/Self-Contained Classrooms
      2. Day Schools Settings
      3. Special Out of District Placements and Residential Placements
    23. Notes:
    24. Due Process:
      1. Uniform Complaint Procedures:
      2. Parent’s Rights:
    25. Notes:
    26. Evaluation Referrals:
      1. Assessment
      2. Tools and Strategies
      3. Evaluation
      4. Team
      5. Membership
      6. Additional Information
      7. Medical or Mental Health Diagnoses and Special Education Eligibility
    27. Written Parental Consent for Evaluation
      1. Informed
      2. Parental Consent Required
      3. Definition of Informed
      4. Consent
      5. Special
      6. Circumstances Regarding
      7. Parental Consent
      8. Evaluation must
      9. comprehensive
      10. Kansas
      11. Performance Domains
      12. Performance
      13. Domains
      14. Adaptive
      15. Behavior
      16. Academic
      17. Domain
      18. Guiding Questions:
      19. Hearing/vision
      20. Domain
      21. Guiding Questions:
      22. Communication
      23. Domain
      24. Adaptive
      25. Behavior
    28. Referral Process for Students Already Receiving Services
    29. Notes:
    30. When is Special Education Consent for an Evaluation Needed?
    31. Eligibility Determination
      1. Eligibility
      2. Determination Discussion
      3. Eligibility
      4. Determination Meeting
      5. Evaluation
      6. Timelines for Children
      7. Transitioning from Part C
      8. Eligibility Determination Team
      9. Membership
      10. Exclusionary Factors Considered:
      11. Lack of
      12. Appropriate Instruction,
      13. Attendance and Mobility
      14. Limited English
      15. Proficiency
      16. Ecological
      17. Variables of Socio-
      18. economic Status
      19. Ethnic, Racial,
      20. Cultural, and Familial
      21. Variables
      22. Factors Not a
      23. Primary
      24. Reason for Educational Performance
    32. Disability Suspected Form:
      1. Gender: Male Female Grade: Teacher/Service Provider:
      2. Resident District: Building:
      3. Attending District: Building:
      4. Are there data to suggest:
      5. NOTE:
    33. Notes:
    34. Field Trips:
      1. Field Trip/Community Outing Procedures
    35. Notes:
    36. General Education Interventions (GEI)
      1. Kansas Policy Statement on Multi‐Tiered System of Supports
      2. What is required in regulation?
      3. K.A.R. 91-40-7(c)
    37. Notes:
    38. General Education Teachers at IEP meetings:
    39. Notes:
    40. Grading Policies:
      1. Elementary Grading Policy
      2. Secondary Grading Policy
    41. Notes:
    42. Health Screening:
    43. Notes:
    44. Home Based Special Education Instruction:
      1. Initial Placements:
      2. Reviews/Reinstatements:
      3. Annual Reviews:
      4. Triennial Reviews:
      5. Reinstatements Suspensions/Expulsions:
    45. Notes:
      1. IEP Meeting Requirements:
    46. Notes:
    47. IEP Team Considerations Form:
      1. Student Name: IEP Meeting Date:
      2. IEP Team Considerations
    48. IEP Team Consideration of Evaluation Results
    49. and Special Factors
    50. IEP Changes Matrix
    51. Least Restrictive Environment:
      1. DETERMINING THE LEAST RESTRICTIVE ENVIRONMENT FOR STUDENTS
      2. Least Restrictive Placement in the Continuum of Educational Services
      3. General Education (no supports)
      4. General Education with Special Education Support Services
      5. Special Classes with Mainstreaming Opportunities in Academic and Non
      6. -Academic Classes as Specified in the IEP
      7. WHAT IS "SUPPORTED INCLUSIVE EDUCATION"?
      8. Definitions of Terms
      9. Inclusion
      10. WHY IS INCLUSIVE EDUCATION IMPORTANT?
    52. Notes:
    53. MANDT Training:
    54. Notes:
    55. Manifestation Determination:
    56. Notes:
    57. Mediation/Due Process/Formal Complaint:
    58. Notes:
    59. Paraprofessional Duties:
      1. Types of Assistance Paraprofessionals Should Provide In the Classroom
    60. Notes:
    61. Parent Participation
    62. Notes:
    63. Parents Refuse Consent to Later Placements:
    64. Notes:
    65. Parent Requests for Special Education Testing:
    66. Notes:
    67. Protocol for IEP meetings:
    68. Notes:
    69. Psychoeducational Reports:
    70. Notes:
    71. Reevaluation:
    72. Notes:
    73. School Psychologist Interns:
    74. Notes:
    75. Sign Language Interpreter Services:
    76. Notes:
    77. Special Education Students and Promotion/Retention Standards:
    78. Notes:
    79. State Assessments & Testing:
      1. Eligibility
      2. Who is responsible for making decisions regarding accommodations?
      3. Use of Accommodations
      4. What is an accommodation?
      5. What do good accommodations do?
      6. What should be considered when identifying accommodations?
      7. KAMM Eligibility Criteria Required components:
    80. Eligibility Criteria for
    81. Students with Significant Intellectual Disibility
    82. To participate in the
    83. Kansas Alternate Assessment
    84. Student Improvement Teams (SIT):
      1. SIT Notebook
      2. Agenda
      3. Minutes
      4. SIT Log
      5. SIT Calendar
      6. Referrals
      7. Multidisciplinary Assessment
      8. Discussion of Current Special Education Students
      9. The Roles of SIT:
      10. Reviewing Records from the Student Intervention Team
      11. Forming a Multidisciplinary Assessment Team
      12. Role – Review Progress of Currently Placed Students
      13. Documenting Progress, Discrepancy & Need
      14. Progress,
      15. Discrepancy and Need
      16. Evaluation
      17. Progress
      18. Discussion
      19. Progress
      20. Determination for Health,
      21. Sensory and/or Physical
      22. Impairments
      23. Components of
      24. Progress
      25. Progress
      26. Decision Making
      27. Progress
      28. Documentation
      29. Discrepancy
      30. Discussion
      31. Components of
      32. Discrepancy
      33. Discrepancy in
      34. Decision
      35. Making
      36. Magnitude of Discrepancy
      37. Discrepancy
      38. Documentation
      39. Need
      40. Discussion
      41. Need
      42. Components
      43. Need Decision
      44. Making
      45. Need Documentation
      46. Summarizing the Evaluation Information in the Education Evaluation
      47. Report
    85. Notes:
    86. Student Intervention Team Referrals:
    87. Notes:
    88. Notes:
    89. Suspension/Expulsion:
      1. Suspension Limited for Five Days
      2. Exclusion by Injunctive Relief
      3. Expulsion
      4. Manifestation Determination
    90. Notes:
    91. Transportation:
      1. Concerns:
    92. Notes:
    93. Appendix 1 – Educational Flow Charts
    94. EDUCATIONAL FLOW CHART
    95. Parent Involvement
    96. General Education
    97. General Education Interventions
    98. Referral to SIT
    99. Referral for Evaluation Parent Rights
    100. Evaluation for Possible Exceptionality
    101. Eligibility Meeting
    102. Eligible & Need for Services
    103. Not Eligible, No
    104. Services
    105. Section 504
    106. Eligible
    107. IEP Team Meeting
    108. Special Education and
    109. Related Services
    110. Placement IEP Goals
    111. Reevaluation
    112. Private Schools
    113. Continuing
    114. Services
    115. Discontinuing
    116. Services
    117. INITIAL EVALUATION PROCESS
      1. GIFTED INDENTIFICATION FLOW CHART
    118. Appendix 2 – Special Education Mediation Process
    119. REQUEST FOR MEDIATION
    120. AGREEMENT TO MEDIATE
    121. CONFIDENTIALITY PLEDGE
  4. Rules of Mediation
    1. Appendix 3 – Formal Complaint Procedure
      1. Formal Complaint Timeline:
    2. KANSAS STATE DEPARTMENT OF EDUCATION
      1. Special Education Services
      2. Formal Complaint Request Form
    3. Appendix 4 – Due Process:
      1. LEA Parent Hearing Officer
      2. USD #261 NOTICE TO PARENTS OF SPECIAL EDUCATION DUE PROCESS HEARING
      3. NOTICE OF PARENT’S REQUEST FOR DUE PROCESS HEARING
      4. Due Process Time-Lines: K.A.R. 91-40-28 (d) & (e)
      5. USD #261 NOTICE TO PARENTS OF EXPEDITED SPECIAL EDUCATION DUE PROCESS HEARING
      6. NOTICE OF PARENT’S REQUEST FOR EXPEDITED DUE PROCESS HEARING
    4. Appendix 5 – Eligibility Indicators:
      1. 2. Determining Whether the Child Needs Special Education and Related Services
    5. Appendix 6 – IEP Checklist:

Haysville USD 261
Procedural Handbook for Administrators
1
District Inclusion Mission Statement
To advance learning for all, the Haysville School District is committed to the integration of students with disabilities into the
regular education setting to the maximum extent appropriate to meet their needs.
“Haysville Unified School Districrat
ce,
261
color,
dnaotioenas
l ornigino,
t
sex,
ddisisabilicty, rmimilitarinay
te on the basis of
status or age in its programs and activities. The following person has been designated to handle inquiries regarding the
non-discrimination policies: Dr. Michael Clagg, Assistant superintendent for Human Resources, 1745 West Grand, Haysville,
Kansas 67060 Office Phone: (316) 554-2206, email: mclagg@usd261.com
Procedural

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Handbook for
Administrators

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Special Education
Haysville USD 261

Haysville USD 261
Procedural Handbook for Administrators
2
Procedural Handbook for Administrators
Special Education
Introduction
This Handbook has been created for Site Administrators, the Management Staff and the Special
Education Staff in an attempt to answer questions regarding the Special Education policies, procedures
and mandates within the state, the federal government and district. The information provided is only
a brief reference. In-depth information will be provided to you upon request. (Just as a side note,
there are 854 special education laws that we must adhere to.)
The first section is the Special Education Department Process and Procedures; the second section is for
memos from both departments that will be sent out throughout the year. This Handbook is in
alphabetical order with a Table of Contents that will direct you to the area(s) that you may need some
explanation and/or clarification. Since the laws are always being updated, the Handbook should be
considered
a “masterpiecThe”
is Hanin
dbopok
roalso grhas
a
ess.
space for your personal notations.

Haysville USD 261
Procedural Handbook for Administrators
3
Table of Contents
Special
Education
Staff
Contact:
...........................................................................................................
5
Special
Education
Acronyms:.................................................................................................................
6
Accommodations/Modifications:
............................................................................................................
7
Administrators
at
IEP
meetings:
............................................................................................................
8
Administrative
Designee:
........................................................................................................................
9
Behavior
Support
Plan
(BIP):
...............................................................................................................
10
Budget:
.....................................................................................................................................................
11
Calendars:
...............................................................................................................................................
12
Change
of
Placement:
...........................................................................................................................
13
Child
Find
-
Haysville:
............................................................................................................................
14
Continuum
of
Program
Options:
..........................................................................................................
15
Designated
Instruction
and
Services
..................................................................................................
16
Due
Process:...........................................................................................................................................
17
Evaluation
Referrals:
.............................................................................................................................
18
Written
Parental
Consent
for
Evaluation
............................................................................................
21
Referral Process for Students Already Receiving Services
............................................................ 27
When is Special Education Consent for an Evaluation Needed?
.................................................. 28
Eligibility
Determination
.........................................................................................................................
29
Disability
Suspected
Form:
...................................................................................................................
34
Field
Trips:
...............................................................................................................................................
36
General
Education
Interventions
(GEI)
...............................................................................................
37
General
Education
Teachers
at
IEP
meetings:
.................................................................................
39
Grading
Policies:
....................................................................................................................................
40
Health
Screening:
...................................................................................................................................
41
Home
Based
Special
Education
Instruction:
......................................................................................
42
IEP
............................................................................................................................................................
44
IEP
Team
Considerations
Form:
.........................................................................................................
45
IEP
Changes
Matrix
...............................................................................................................................
47
Least
Restrictive
Environment:
............................................................................................................
48
MANDT
Training:
....................................................................................................................................
52
Manifestation
Determination:
................................................................................................................
53
Mediation/Due
Process/Formal
Complaint:
.......................................................................................
54
Paraprofessional
Duties:
.......................................................................................................................
55
Types of Assistance Paraprofessionals Should Provide In the Classroom
.................................. 55
Parent
Participation
................................................................................................................................
56

Haysville USD 261
Procedural Handbook for Administrators
4
Parents
Refuse
Consent
to
Later
Placements:
.................................................................................
57
Parent Requests for Special Education Testing:
.............................................................................. 58
Protocol
for
IEP
meetings:
....................................................................................................................
59
Psychoeducational
Reports:
.................................................................................................................
60
Reevaluation:
..........................................................................................................................................
61
School
Psychologist
Interns:
................................................................................................................
62
Sign
Language
Interpreter
Services:
..................................................................................................
63
Special Education Students and Promotion/Retention Standards:
................................................ 64
State
Assessments
&
Testing:
.............................................................................................................
65
KAMM
Eligibility
Criteria
........................................................................................................................
69
Student
Improvement
Teams
(SIT):
....................................................................................................
72
Student
Intervention
Team
Referrals:
.................................................................................................
80
Students Not Eligible for Special Education Programs
.................................................................... 81
Suspension/Expulsion:
..........................................................................................................................
82
Transportation:
........................................................................................................................................
83
Appendix
1
Educational
Flow
Charts
...............................................................................................
84
Appendix 2 – Special Education Mediation Process
........................................................................ 87
Appendix
3
Formal
Complaint
Procedure
.......................................................................................
92
Appendix
4
Due
Process
...................................................................................................................
96
Appendix
5
Eligibility
Indicators
......................................................................................................
106
Appendix
6
IEP
Checklist
................................................................................................................
141

Haysville USD 261
Procedural Handbook for Administrators
5
Special Education Staff Contact:
Haysville USD 261
Special Education Department
(316) 554-2222
1745 W Grand Ave
Haysville, KS 67060
Becky Cezar, Director, Special Education
Angie Estell, Assistant Director of Special Education
Gina Latta, Secretary
Dana Collier, Secretary
Sandy Harper, Secretary
Notes:

Haysville USD 261
Procedural Handbook for Administrators
6
Special Education Acronyms:
FAPE
Free Appropriate Public Education
LRE
Least Restrictive Environment
IDEA
Individuals with Disabilities Education Act
IEP
Individual Education Plan
ADD
Attention Deficit Disorder
ADHD
Attention Deficit Hyperactivity Disorder
APE
Adapted Physical Education
DD
Developmentally Delayed
DHH
Deaf and Hard of Hearing
ECC
Early Childhood
HI
Hearing Impaired
ID— Intellectual Disability
LD
Learning Disability
OI
Orthopedically Impaired
O&M
Orientation and Mobility
ED
Emotionally Disturbed
SL
Speech and Language
SMH
Severely Handicapped
VI
Visually Impaired
TBI
Traumatic Brain Injury
OHI
Other Health Impaired
Notes:

Haysville USD 261
Procedural Handbook for Administrators
7
Accommodations/Modifications:
An accommodation/modification can be used only if:
The student is currently using this accommodation/modification in every aspect of the educational
program.
The student needs this to survive and be successful, in class, at home, 24-7.
It is appropriate AND necessary.
It is NOT appropriate to give a student an accommodation/modification on the day of the test if
you have not utilized it within other situations.
State Testing Definitions:
Category 1: Testing condition is available to students who regularly use it in the classroom. All students
can have Category 1 accommodations.
Category 2: Accommodation is available only to students with documentation in IEP or 504 plan.
Category 3: Modifications (fundamentally alters what the test measures) is available only to students
with documentation in IEP or 504 plan.
This is written into. the student’s IEP or 504
Notes:

Haysville USD 261
Procedural Handbook for Administrators
8
Administrators at IEP meetings:
According to the federal and state law, an administrator or administrator designee must be in
attendance at every IEP meeting.
A parent has the right to stop the meeting if the administrator or administrator designee fails to
attend the meeting.
What to look for before signing the IEP.
Accuracy of dates
Appropriate Supports and Services
Appropriate Instructional Setting and Placement
Comments and Summary is complete
All staff in attendance at the IEP, sign the IEP
If you have questions regarding the commitment of special education funds, indicate to the team that
a phone call will be made to the Director of Special Education or the Assistant Director of Special
Education and that the Special Education Office will contact the IEP team and parent.
Notes:
There is a checklist (Appendix 6) of items necessary for an IEP to be complete and legal.

Haysville USD 261
Procedural Handbook for Administrators
9
Administrative Designee:
This is a group of highly qualified; certified personnel who are interested in mentoring or
administration.
Responsibilities of an Administrator Designees attending IEP meetings, supporting teacher,
providing or arranging training, etc. This must be done after their workday or on non-work time if
they agree to it.
A list of names and phone numbers should be appointed each year by the building principal and
submitted to the Special Education Administrative Office.
Serving as an administrative designee must be based on mutual agreement
no involuntary
assignments;
The administrative designee–
no hsigh
hporoufile lcd
ases;
only chair routine IEP’s
The administrative designee would not be held responsible if problems arise during IEP
meetings;
Some resources committed at the IEP meeting chaired by an administrative designee may be
charged to the school site if district procedures are not followed (e.g., additional aide support,
etc.);
The administrative designee must have knowledge about the general curriculum.
Notes:

Haysville USD 261
Procedural Handbook for Administrators
10
Behavior Support Plan (BIP):
What is a Behavior Support Plan (BIP)?
A Behavior Intervention
Support Plan includes “proactbehaviorive
(s)
action planning to address
that are
impeding learning.” It iinntcervluentiondes
s, stra“tegies
positand ive behavioral
supports.”
In“Betervenhtiavior
on Support Plans should
focus on understanding ‘why’ the behavior
occurred (i.e. ‘t‘commhe fuunncictiatonive
’ orintenhing ta’)
n altterhnen
ative
focus on teac
behavior that
meets the student’s need in a more acceptable way. This includes making
instructional and environmental changes, providing reinforcement, reactive strategies and effective
communication.” (Diana Browning Wright, 2003)
Why does the school need to write one?
Every student is entitled to a Free Appropriate Public Education (FAPE). This implies that the
educational experience is enriching and growth oriented. Consequently, any behaviors that
interfere with the learning process need to be addressed for the benefit of the student, his or her
peers and the general learning environment.
For special education students, the Individuals with Disabilities Education Act (IDEA)
a Federal
mandate
requires the IEP team to address
‘behior avthat
impedes his or her learning or that of
oth. e(IDrs’EA
Section 614(d)(2)(B)…
the Federal Regulations further point out that ‘positive
behavior interventions, strategisuppes
lemenatary
ndai
ds
sanud pports’ are to be considered
supports…Whtuendent evereceivinr
g spa ecial
s
education services exhibits difficult behaviors,
whether early or late in an escalating behavior pattern, the IEP must address the situation in a
behavior plan.”
Who Makes Up the Behavior Support Team?
The member of the Behavior Support Team will depend upon the specific needs of the student in
question. In some cases, the team may consist of regular education teachers, an administrator and a
counselor. In other cases the Student Study Team, 504 team or IEP team may form the Behavior
Support Team.
Notes:

Haysville USD 261
Procedural Handbook for Administrators
11
Budget:
All Special Education expenditures are processed through the Special Education Department via
your school site. Individare
to be
uutal
ilized ftor
eainstrucchtioner’s
al supplies.
accSpecial
ounts
Education funds are to be used to supplement NOT to supplant.
Site budget support may vary and is determined by the site administrators. The budget provided to
you by the Special Education Department is to supplement your program not to supplant.
Items purchased must have a curricular justification which is aligned to the Kansas State Standard and
a District or IEP Goal written on the purchase requisition. Any purchase requisition without the
curricular justification will be sent back to the teacher.
Open Purchase Requisitions are not permitted.
Notes:

Haysville USD 261
Procedural Handbook for Administrators
12
Calendars:
The school psychologist, occupational therapist, physical therapist, hearing impaired teacher and
speech pathologist maintain a calendar at the District office.
If you would like a copy of their calendars, please contact Sandy Harper at 554-2222
Notes:

Haysville USD 261
Procedural Handbook for Administrators
13
Change of Placement:
When the IEP team is considering a Change of Placement for a student, to a more or less restrictive
environment you MUST complete the
Change of Placement document entitled “Considerations
When
Contemplating a Change of Placement.”
This document will give you valuable information prior to making a decision. This also gives good
information to staff who are receiving the student. This form is used in conjunction with reviewing
assessments, IEP information and classroom documentation/interventions.
If you are contemplating a Change of Placement for behavioral issues, then you MUST have a
Behavior Support Plan with goals and benchmarks in place and all of the above information
completed as part of your analysis/documentation/interventions regarding your request to make a
change.
Notes:

Haysville USD 261
Procedural Handbook for Administrators
14
Child Find - Haysville:
Haysville Unified School District recognizes its responsibility to conduct a continuous child find.
Parents have the right to make a written referral requesting assessment to determine possible
eligibility for special education services for their child.
In addition, each school has a MTSS Team, a body of general education teachers, that ensures a
systematic process for addressing concerns of teachers, parents, other appropriate professionals
and agencies regarding individual students.
The MTSS
Team’s role is to address
individtual
hste
udcenot tno sucpernport ths
e
about the
classroom teacher through practical suggestions, and, to modify the general education program
and to direct them to appropriate general education support services. After the resources of the
general education program have been considered and, when appropriate, utilized the student is
referred for assessment for possible eligibility for special education services.
The SIT Team consists of all the school site special education staff that review the referral on the
student, determine the assessment procedures and assign staff to complete the assessments.
Itinerant staff or district level staff should be brought into the assessment process as needed. Upon
the completion of the assessment, SIT meets as an IEP team, reviews the assessment results,
determines eligibility for special education and related services as well as placement. In addition,
SIT plays an ongoing role in overseeing triennial reevaluations, change of placement and/or change
of eligibility and concerns relating to special education students.
Notes:

Haysville USD 261
Procedural Handbook for Administrators
15
Continuum of Program Options:
Each building must ensure that a full continuum of placement options is available to meet the needs of
individuals with exceptional needs for
special education and related services”. These options are listed
as follows:
1. General education (without support)
2. General education (with support)
3. General education (with resource support)
4. Self-contained (in building)
5. Day School Setting
6. Special schools and residential centers
Students eligible for special education services may receive service through any one or a combination
of these options that are the most appropriate for meeting their educational goals and objectives.
General Education Programs:
General education programs are offered to all students at the school without regard to any eligibility
criteria. Students who are in general education programs may also be eligible for categorical programs,
such as special education, bilingual education, migrant education and other programs designed to
support students in achieving an education. The current trend is toward providing special services to
support the general education program and reduce the amount of time a student is removed from the
general education classroom. All students should have access to the core curriculum, with assistance as
needed, to maintain a satisfactory level of achievement. Only a few students will have conditions
requiring that they be educated away from general education programs.
Resource Programs
Resource Specialist programs are under the direction of a resource specialist who can provide
instruction aligned with the core curriculum, information, assistance, consultation, resource
information and material, and coordination of special education services for individuals with
exceptional needs. Students who receive services from this program must be simultaneously enrolled
in general education classes for the majority of the school day.

Haysville USD 261
Procedural Handbook for Administrators
16
Designated Instruction and Services
Designated instruction and services as specified in the individualized education program shall be
available when the instruction and services are necessary for the pupil to benefit educationally from
his or her instructional program. The instruction and services shall be provided by the regular class
teacher, the special class teacher, or the resource specialist if the teacher or specialist is competent to
provide such instruction and services and if the provision of such instruction and services and if the by
the teacher or specialist is feasible. If not, the appropriate designated instruction and services specialist
shall provide the instruction and services. Designated instruction and services shall meet standards
adopted by the board. Designated instruction and services should be under the direction of
appropriately trained personnel and may include language and speech development and remediation,
audiological services, deaf/hard of hearing services, orthopedic services, instruction from orientation
and mobility, instruction in the home or hospital, adapted physical education, physical and
occupational therapy, vision services, counseling and guidance, psychological services other an
assessment, parent counseling and training, health and nursing services, social worker services,
specially designed vocational education and career development and recreation services.
Special Classes/Self-Contained Classrooms
Special classes provide instructional settings for students when the nature or severity of the disability
prevents their participation in the regular school program for the majority of the school day. Students
placed in these settings have the right to participate in activities with non-disabled peers, as
appropriate, including meals and recess periods. The classes generally are set up to approximate a
general education classroom, with small class sizes and specialized instruction available to each of the
students. The IEP team must document its rationale for placing a pupil in a program in other than the
school and classroom that the pupil would otherwise attend if he or she did not have a disability. The
documentation must indicate why the pupil’s disability prevents the pupil’s needs from being met in a
less restrictive environment, even with the use of supplementary aides and.
Day Schools Settings
Day school settings are the most restrictive setting within our district to serve students. Students
placed in the day school setting must have permission from the Day School Administrator and the
Director of Special Education before placement may occur.
Special Out of District Placements and Residential Placements
These settings require a written contract approved by the Board of Education and the Director of
Special Education. Examples of such placements include Levy and Heartsprings.
Notes:

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Due Process:
The due process hearing procedures prescribed by federal regulations are extended to the pupil, the
parent and the public education agency involved in any decisions regarding a child under any of the
following circumstances:
1. There is a proposal to initiate or change the identification, assessment or educational
placement of the child or the provision of a free, appropriate public education to the child.
2. There is a refusal to initiate or change the identification, assessment, or educational placement
or the provision of a free, appropriate public education to the child.
3. The parent refused to consent to an assessment of the child for the Individualized Education
Program for the Child.
Due process hearing procedures include the right to a mediation conference, the right to examine pupil
records, and the right to a fair and impartial administrative hearing at the state level. Timeline
procedures are identified
within the “Parents’ Rights and Appeal Procedures” form.
Uniform Complaint Procedures:
A complaint must be a written and signed statement alleging a violation of a federal or state law or
regulation, which may include an allegation of unlawful discrimination. The local Special Education
policy ensures that complainants are protected from retaliation and that the identity of the
complainant alleging discrimination remains confidential as appropriate.
The complainanmutst ’s
inclproceude:
dures
1. Filing a formal, written complaint not later than six months from the date the alleged matter
occurred or
2. Obtaining a written extension to file, not to exceed 90 days, from the Superintendent
State complaint procedures can be initiated only after an attempt to settle the matter has been
conducted district level. If a state complaint is first sent to the Superintendent, it will be immediately
forwarded to the Director of Special Education for processing and resolution. When direct State
intervention is warranted and deemed necessary the following procedures shall be used to resolve the
issues of complaint:
1. The Department shall offer to mediate the dispute, which may lead to a state mediation
agreement.
2. The Department shall conduct an on-site investigation if either the district or complainant
waives the mediation process or the mediation fails to resolve the issues, staying within a 60-
day time line.
3. Mediation shall not exceed 30 days unless the district and the complainant agree to an
extension.
Parent’s Rights:
A copy of parent’s
rights is sent to the parent with the conference notice, presented to the parent
when an assessment is offered and presented to the parent at IEP meetings. Additional copies of the
parents’
rightsd
istare
ributionavaila,
in
both
English
banle
d
Spfanoishr,
through
the
Special
Education
Office at 554-2222. Also see Appendix 4 for flow charts and forms.
Notes:

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Evaluation Referrals:
This is a vital part of the SIT process and starts the timelines.
The school psychologist and/or speech pathologist is responsible for completing and sharing the
information on the evaluation with the parent.
Evaluation plans should not be given to parents without prior authorization and knowledge of the
school psychologist and/or speech pathologist.
If this is a speech only referral, the speech pathologist is responsible for the evaluation plan.
Procedural safeguards (parent’s rights)Co munsenst tt
o
be provided to the parent at the time the
Evaluate is signed.
The 60-day timeline starts once the school psychologist and/or speech pathologist receive the signed
Consent to Evaluate.
60-day timeline does not include off track time or winter break.
The purpose of the full and individual initial evaluation is two-fold:
to determine the educational interventions required to resolve the
presenting problem, behavior of concern, or suspected disability, including whether the
educational interventions are special education (exceeds capacity of general education
resources alone); and
to determine if the individual is eligible for special education. In Kansas, an
individual is eligible for special education when there is a need in both areas listed below:
a disability (determined by assessing rate of educational progress and
discrepancy from expectations); and
an instructional need that can only be met through the use of special education resources.
The evaluation consists of procedures by which the team gathers sufficient data to
identify the instructional needs of an individual and determine the presence of a
disability. Specifically, the Full and Individual Initial Evaluation gathers and
summarizes information around four key concepts: the exclusionary factors,
progress, discrepancy, and need. The
steps
in conducting the Full and Individual
Initial Evaluation are:
Collect any information not already available to rule out the impact of exclusionary factors (e.g.,
lack of appropriate instruction, Limited English Proficiency, socio-economic or cultural
circumstances, attendance) on student performance.
Collect any information not already available about discrepancy, progress (rate of growth) and
need.
Summarize all of the information to be used for eligibility determination in the Educational
Evaluation Report.
Set up the Eligibility Determination Meeting where team members will review that data
collected during the Full and Individual Initial Evaluation.
60 Calendar
Once informed parental consent is obtained, the team must complete the
evaluation and hold the meeting to determine eligibility on or before the 60
th
calendar day following receipt of the signed
Consent for/Notice of Full and
Individual Initial Evaluation
by the public agency. The date the consent is received
by the public agency should be noted on the form and submitted for data entry

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into IMS.
Note: For children transitioning from a birth to 3-year program the team must
complete the evaluation and hold the meeting to determine eligibility within 60
days and prior to the child’s third birthday.
Assessment
Tools and
Strategies
In conducting the full and individual initial evaluation, the evaluation team must
use a variety of assessment tools and strategies to gather relevant functional,
developmental and academic information including information provided by the
parent to make decisions. The team may not use any single measure or
assessment as the sole criterion for, determining whether a child Is a child with a
disability.
Assessment should be functional in nature so that the resulting data can be linked
to designing and evaluating interventions that address the individual's area(s) of
concern. Information from the functional assessment will inform the
Individualized Educational Program (IEP)
for, the child if found eligible for special
education.
Functional assessment is multi-dimensional and utilizes measures that are specific
and direct and have a clear connection between the questions being answered
and the data being gathered.
When a test is used in decision making, the test must be technically sound,
selected and administered so as not to be discriminately on a racial or cultural
basis. It must be administered in the child's native language or other mode of
communication, in a form most likely to yield accurate information on what the
child knows and can do, and be a valid and reliable measure for, the stated
purpose. Each test should be administered by trained and knowledgeable
personnel and administered in accordance with instructions.
An approved list of test can be provided to you by the Director of Special
Education upon request.
Evaluation
Team
Membership
Members of this team include: parents of the individual being evaluated; the
general education teacher(s); a special education department representative who
is qualified to supervise the provision of specially designed instruction and who is
knowledgeable about general education curriculum and the availability in the
district, general education staff that works with the student, any individual
completing various components of the evaluation as well as interpret the
instructional implications of the evaluation results; other individuals with
knowledge or special expertise regarding the eligible individual, as appropriate;
and the individual being considered for eligibility as
appropriate.
Additional Information
Medical or Mental Health Diagnoses and Special Education Eligibility
Educational teams may encounter parents and/or health providers who believe a medical diagnosis
automatically entitles their child to special education services and specific accommodations. While
medical diagnoses are important pieces of information in the process whereby teams determine if a
child is suspected of having a disability, they do not answer all the questions necessary to determine
special education eligibility. Special education multidisciplinary teams must determine if the student's

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rate of progress, discrepancy from peers and instructional needs are substantial enough to warrant
special education and related services.
The law provides that a team, not an individual, must make a determination of whether a child is
eligible to receive special education; furthermore, the law specifies what factors the team must
consider, 34 C.F.R, 55 300.304-305. Medical diagnoses do not meet these standards for team
participation. Also, the law specifically states that "evaluations and information provided by the
parents of the child" are one source of the team's data. 34 C.F.R. 5 300.305(a)(1)(i). The team must
consider a medical diagnosis, but it is not bound by any conclusions contained in the diagnosis.
Additionally, the law specifies that an eligibility determination may not be made on a single piece of
information, 34 CF.R. 5 300.304(b)(2), such as a medical diagnosis. While a diagnosis from a private
provider may be enough to create a
suspicion
that a child is a child with a disability, the diagnosis itself
is never enough to determine
eligibility.
Commentators have provided analysis that supports the requirements in the law. Mark Ward, KSDE
Special Education attorney, indicates there is confusion regarding special education eligibility in the
medical community. For example, "Physicians tell parents of students with ADHD to inform the school
district that their child is OHI and parents think the school has to comply [in terms of eligibility]. Some
schools make the mistake of caving in to that demand -- we make sure to follow our own eligibility
criteria " (Caruso, 2006).
Attorney Jim Walsh, a noted special education attorney and speaker at several lowa Special Education
Law Conferences, suggests a three step response when parents request an evaluation based on a
medical or mental health referral. (Walsh, 2006).
First, the parents should be thanked for their interest and concern regarding their
child’s
education, as well as for sharing any information that they have which might assist the team in
educating the child.
Second, the parents should be asked to sign an exchange of information form, explaining to parents
that school staff will want to share information with the doctor regarding progress and may want
to ask specific questions about how the health or mental health diagnosis might impact the child's
educational progress.
The third step is to follow up with the doctor. Ask the doctor to describe how the decision to refer
was made. Did the physician visit with anyone from the school or review school records? What
information was the parent able to share with the physician? What is the history of the physician
with the child and has the issue been present over time? In turn, the school visiting with the doctor
should share how special education eligibility is
determined in the state of lows, most specifically the three components of discrepancy, rate of
progress and instructional need
Given the medical referral, school based teams might best be served by completing the Disability
Suspected Form to determine if an evaluation for special education is warranted. All information
available in each of the performance domains is reviewed to determine if an educational disability
(discrepancy from peers, rate of progress different than peers) is suspected.
District evaluation teams should consider a range of data when determining IDEA eligibility, not just
medical diagnoses in order to make informed eligibility decisions based on information from a variety
of sources. While school teams may certainly grant weight to the recommendation of physicians,
doctors do not determine eligibility. As explained above, special education eligibility is determined
based on the child's educational performance and by "a team of qualified professionals and the parent
of the child"

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Written Parental Consent for Evaluation
Citation
34 C.F.R. 5 300.9 (defining consent), 300.300
Kansas Rules of Special Education 41.9,41.300
Informed
Parental Consent
Required
Prior Written Notice for a full and individual initial evaluation informed parental
consent must be obtained. This occurs when district suspects that the child may
have a disability and need for special education and related services.
Parental consent is documented with a signature on the Consent for|Notice of
Full and
Individual Initial Evaluation
form.
As long as a parent has the legal authority to make educational decisions for the
child (married parents, divorced parents when each retain decision making
authority, etc.), the school
must accept either parent's
consent or revocation of
consent.
Definition of
Informed
Consent
Informed Consent means:
The parent has been fully informed of all information relevant to the activity
(evaluation) for which consent is sought, in his or her native language, or
other mode of communication
The parent understands and agrees in writing to the carrying out of the
activity (evaluation) for which his or her consent is sought, and the consent
describes that activity (evaluation).
The parent understands that the granting of consent is voluntary on the part
of the parent and may be revoked at any time.
If a parent revokes consent, that revocation is not retroactive (i.e., it does
not negate an action that has occurred after the consent was given and
before the consent was revoked).
Note: Prior to obtaining consent, the evaluation team, including the parents,
must determine if any additional assessments are needed and procedural
safeguards must be reviewed with the parent.
Special
Circumstances
Regarding
Parental Consent
Parental consent is not required before reviewing existing data as part of an
evaluation or a reevaluation; or administering a test or other evaluation that is
administered to all children unless, before administration of that test or
evaluation, consent is required of parents of all children. Before conducting a
Full and Individual Initial Evaluation, however, reasonable attempts must be
made to obtain written parental consent.
If the parent of a child does not provide consent for initial evaluation or if the
parent fails to respond to a request to provide consent, the public agency
may, but is not required to, pursue the initial evaluation of the child by
utilizing procedural safeguards. The public agency does not violate its
obligations to find and evaluate children suspected of having disabilities if it
declines to pursue the evaluation. Prior Written Notice must be provided to
the parents indicating the decision to NOT pursue the evaluation.
If a parent of a child who is receiving competent private instruction or placed
in a private school by the parents at their own expense does not provide
consent for the initial evaluation or the parent fails to respond to a request
to provide consent, the public agency may NOT use the consent override

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provisions of the due process procedures, and the public agency is not
required to consider the child as eligible for services.
If the parent consents and then revokes consent once the evaluation has
begun, the revocation is not retroactive. Prior Written Notice documents the
team's decision to honor the parent request to end the evaluation. The eligibility
determination worksheet must be completed and paperwork must be submitted
to the special education district office. Any data gathered to the point of consent
revocation may be summarized and placed in the student's educational record.
For initial evaluation only, if the child is a ward of the State (e.g., in foster
care or in the custody of SRS) and is not residing with his or her parent, the
public agency is not required to obtain informed consent from the parent if:
despite reasonable efforts to do so, the public agency cannot discover the
whereabouts of the parent of the child; the rights of the parents have been
terminated in accordance with State law; or
the rights of the parent to make educational decisions have been subrogated
by a judge in accordance with State law and consent for an initial evaluation
has been given by an individual appointed by the judge to represent the child
In situations described in the first or second bullets, KSDE must appoint a
surrogate parent, who will decide whether or not to give consent. Only a
person meeting the definition of parent may consent to beginning services.
If a child who has reached the age of majority requests an evaluation, the
public agency must consider this request the same as if a parent requests the
evaluation. A full and individual initial evaluation is required only if the child
is suspected of having a disability. The evaluation team should complete the
Disability Suspected Form
to guide their decision making. If the team
concludes that a disability is not suspected and that an initial evaluation is
not warranted, Prior
Written Notice
must be provided to the individual, since
he or she has reached the age of majority, including an explanation of why
the public agency refuses to conduct the evaluation and the information
upon which this decision is based. If the team concludes that an evaluation is
warranted because a disability is suspected, the individual may sign the
Consent for/Notice of Full and Individual Initial Evaluation
Evaluation must
be
comprehensive
The evaluation team must ensure that the child is assessed in all areas related to
the suspected disability, and that the evaluation is sufficiently comprehensive to
identify all of the child's special education and related services needs, whether
or not commonly linked to a particular disability or performance domain. For
preschool children the evaluation must include information addressing the early
childhood outcome areas.
Kansas Rules state that evaluations must be comprehensive including, if
applicable, the collection of additional information needed to design
interventions intended to resolve the presenting problem, behaviors of concern,
or suspected disability. This includes, if appropriate, assessment or evaluation of
health, vision, hearing, social and emotional status, general intelligence,
academic performance, communicative status, adaptive behavior and motor
abilities. This is not an exhaustive list of areas that may be assessed. Decisions
regarding the areas to be assessed are determined by the suspected needs of

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the child.
Kansas
Performance
Domains
The assessment areas for the comprehensive evaluation can be summarized
within seven performance domains: academic, behavior, health, physical,
hearing/vision, adaptive and communication. Evaluation in these performance
domains addresses the federal disability categories (refer to Eligible Individual
section). Evaluation teams review available and current information in each of
the performance domains to determine whether the area warrants further
evaluation or can be ruled out as a relevant contributing factor to the presenting
problem or behavior of concern. These performance domains serve three
purposes.
They represent areas of skill and function that are inherent in the thirteen
federally designated disability categories.
By evaluating or ruling out each of the domains Kansas assures that all
children who have disabilities and need special education and support and
related services are identified.
The performance domains provide a framework for consideration of the
child’s instructional needs
Performance
Domains
The Kansas Performance Domains are defined as follows:
Academic
Grade level achievement of standards related to listening comprehension oral
expression, basic reading skills (reading comprehension & fluency), math
calculation, mathematical problem solving, and written expression.
Behavior
Awareness of self, identification and expression of emotions, self-regulation, and
interaction with others.
Physical
Gross motor skills, fine motor skills and mobility for learning, living and working.
Health
General condition of the body or mind, especially in terms of the presence or
absence of illness, injury or impairments.
Hearing/Vision
The ability to perceive sound and/or the ability to see.
Adaptive
Behavior
Everyday living skills (e.g., dressing, eating, toileting), work skills, or school
functioning skills (e.g., meeting timelines, organization of material) that a child
learns in the process of adapting to his/her surroundings.
Communication
Receptive and expressive language (form, content or use). This includes, but is
not limited to, language (social communication), vocabulary, speech sound
production, voice (nasality), or fluency.
Attention to each of the performance domains assures that the evaluation process is sufficiently
comprehensive to identify all of the cedhs. ild’s special education and related service ne
Academic
Domain
Academic performa-12
synstcem
e
is
idn
efinKaned as gradsas’s
e level
K
achievement of the general curriculum, including the district' s implementation
of the Core Curriculum, related to listening comprehension, oral expression,
basic reading skills (phonics, phonemic awareness, fluency), reading
comprehension (vocabulary and comprehension), math calculation,
mathematical problem solving, and written expression for Early Childhood (ages
3-5) academic performance is achievement of Kansas Learning Standards related

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to skills for mathematics, scientific reasoning, problem solving early literacy, and
early writing.
Further evaluation is warranted in this domain when there is evidence of
discrepancy and limitation of progress which persist despite attempted
assistance and supplemental instruction beyond the core in one or more of the
areas listed above.
Guiding Questions:
What evidence indicates the child has received appropriate core instruction
in listening comprehension, oral expression, basic reading skills (reading
comprehension & fluency), math calculation, mathematical problem solving,
and written expression?
For preschool children what evidence indicates the child has received
appropriate core instruction and activities in the Kansas Early Learning
Standards provided at home or in early childhood settings?
What evidence indicates the child has received appropriate supplemental
instruction including research based intervention?
What evidence indicates the academic performance and progress
discrepancy are not the result of limited English proficiency, socio-economic
status, ethnic, racial, cultural or familial differences, poor attendance or
mobility?
Behavior Domain
Behavior as a performance domain means awareness of self, identification and
expression of emotions, self-regulations, and interaction with others.
Further evaluation is warranted in this domain when there is evidence of
discrepancy and limitations of progress which persist despite attempted
assistance and supplemental instruction beyond the core in one or more of the
areas listed above.
Guiding Questions:
What evidence indicates the student has received appropriate instruction in
awareness of self, identification and expression of emotions, self-regulation,
and interaction with others? (e.g., Love and Logic, Character Counts, Body
Basics, and OLWEUS Bullying).
What evidence indicates the student has received appropriate supplemental
instruction (systematic and individualized strategies for achieving social and
learning outcomes) and positive behavior supports based on a function of
the behavior?
What evidence indicates the behavior performance and progress discrepancy
are not the result of limited English proficiency, socio-economic status,
ethnic, racial, cultural or familial differences, poor attendance or mobility?
Physical Domain
The physical performance domain includes gross motor skills, fine motor skills
and mobility for learning, living and work.
Further evaluation is warranted in this domain when there is evidence of
discrepancy and limitation of progress which persist despite attempted
assistance and supplemental instruction beyond the core in one or more of the
areas listed above.

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Guiding Questions:
What evidence indicates the student has received appropriate instruction
and supports in the areas of gross motor, fine motor and mobility?
What evidence indicates the student has received appropriate
supplemental instruction and supports to address their physical needs?
What evidence indicates the student's physical skills are adversely
impacting educational performance, or access to and participation in the
educational environment or setting?
Health Domain
Health is the general condition of the body or mind, especially in terms of the
presence or absence of illness, injury or impairments. Further evaluation is
warranted in this domain when there is evidence of a health condition that
adversely affects a child's educational performance.
Guiding Questions:
What evidence exists that the student has a health condition (illness, injury
or impairment)?
What evidence indicates the student's health condition is adversely
impacting educational performance, or access to and participation in the
educational environment or setting?
Hearing/vision
Domain
The ability to perceive sound and/or the ability to see.
Further evaluation is warranted in this domain when there is evidence of a
vision or hearing loss that adversely affects a child's educational performance.
Guiding Questions:
What evidence exists that the student has a vision loss?
What evidence exists that the student has a hearing loss?
What evidence indicates theis
astdversely
udent’s vision or hearing loss
impacting educational performance, or access to and participation in the
educational environment or setting?
Communication
Domain
Communication as a performance domain means demonstrating receptive and
expressive language (form, content or use). This includes, but is not limited to,
language (social communication), vocabulary, speech sound production, voice
(nasality), or fluency. This performance domain is aligned with the lows Core
Curriculum Essential Components for Literacy, including speaking and listening
skills.
Further evaluation Is warranted in this domain when there Is evidence of
discrepancy and limitation of progress, which persist despite attempted
assistance and supplemental instruction beyond the core in one or more of the
areas listed above.
Guiding Questions:
What evidence indicates the student has received appropriate core and
supplemental instruction in speaking and listening skills?
What evidence indicates the student has received appropriate core and
supplemental instruction including research based intervention for
language-based activities, comprehending information presented orally or
conveying information?

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What evidence indicates the communication performance and progress
discrepancy are not the result of limned English proficiency, socio-economic
status, ethnic, racial, cultural or familial differences, poor attendance or
mobility?
What evidence indicates the student has received appropriate core and
supplemental instruction including research based intervention to use
language and vocabulary appropriate to the message and the audience?
What evidence indicates the student has received appropriate core and
supplemental instruction including research based intervention to apply
active listening strategies in a variety of settings to focus, think and respond
verbally and nonverbally?
Adaptive
Behavior
Adaptive functioning as a performance domain means demonstrating everyday
living skills (e.g. dressing, eating, and toileting), work skills, or school functioning
skills (e.g., meeting timeliness organization of materials) that a student learns in
the process of adapting to his/her surroundings.
Further evaluation is warranted in this domain when there is evidence of
discrepancy and limitation of progress, which persist despite attempted
assistance and supplemental instruction beyond the core in one or more of the
areas listed above.
Guiding Questions:
What evidence indicates that the student's background of developmental
support (parenting childcare, early childhood educational opportunities) is
similar to peers?
What evidence indicates that the cultural and social expectations (e.g.,
expectations for self-care) of this student related to adaptive behavior skills
are similar to peers?
What evidence indicates the student has received appropriate core and
supplemental instruction in adaptive skills Such as, social problem solving
and daily living skills as well as organization, time management or other
work related skills?
What evidence indicates the adaptive performance and progress
discrepancy are not the result of limited English proficiency, socio-economic
status, ethnic, racial, cultural or familial differences, poor attendance or
mobility?

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Referral Process for Students Already Receiving Services
If a student is already receiving special education services and a PT, OT, and/or APE concern arises,
the appropriate IEP team member should reference the resources and checklists that have been
provided by the above mentioned therapists. These strategies/interventions should be
implemented and determined whether or not they have been successful. The appropriate
adaptations should be given ample time to determine if they are successful or not.
If adaptations are unsuccessful, and the team determines that PT, OT, and/or APE services may be
needed, the psychologist should meet with the IEP team as well as the PT, OT, and/or APE to
consider initiating an evaluation to determine if a specific related service should be added.
If an evaluation for the related service is deemed necessary, parent permission must be obtained
prior to the evaluation. Once consent is received, the therapist will complete an evaluation.
When the evaluation for the related service is completed the therapist will attend the staffing
conference to report results. A written report of any assessments and observations will be
provided. Therapy services will be added to the IEP with appropriate goals and benchmarks if
services are determined to be necessary.
Although this is an initial evaluation for related services, the school psychologist will complete all
the necessary staffing paperwork for a reevaluation. (It is a reevaluation as child is already receiving
special education services).
Role of the Occupational Therapist, Physical Therapist, and Adaptive Physical Education Teacher
The therapist is considered to be part of the IEP team on students who are currently receiving
these related services and should be provided with a timely notification of reevaluations and IEP
meetings. Their input must be obtained so that present levels of educational performance, annual
goals, benchmarks, and service times may be updated and modified as necessary.
For students currently receiving PT, OT, and/or APE services, the school psychologist is responsible
for providing adequate notification to the therapist of any upcoming reevaluations or special
education meetings.
The primary service provider is responsible for providing adequate notification to the therapist of
all other typical IEP review meetings.
Notes:

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When is Special Education Consent for an Evaluation Needed?
Evaluations do
not include screening for instructional purposes i.e., screening of a student by a teacher
or specialist to determine appropriate instructional strategies for curriculum implementation) or group
screenings (e.g., hearing, vision). Special education consent is
not
required for these screening
purposes.

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Eligibility Determination
Citation
Rules of Special Education 41.306; 41.322; 41.328; 41.501
Special Education Eligibility Standards,
Kansas Department of Education, July 2011
Eligibility
Determination
Discussion
Upon completion of the full and individual initial evaluation (e.g., administration
of assessments, summarizing existing data) and prior to the 60-day time limit, a
group of qualified professionals and the parent of the child determine whether
the child is a child with a disability and eligible for special education.
Eligibility is defined as the individual's right to receive special education and/or
related services. Eligibility determination relies on the establishment of both the
presence of a disability and the need for specially designed special education
instructional support and related services supports. The evaluation team will
answer two questions:
1. Does the individual have a disability? (A disability is a significant skills
deficit, a health or physical condition, a functional limitation, or a pattern
of behavior that adversely affects the individual's rate of progress and
current level of performance)
2. Are specially designed instruction and related services required to meet
the individual's educational needs?
When the answer to both questions is "yes" then the individual is eligible for
special education and related services.
Eligibility
Determination
Meeting
When the evaluation is complete (or nearing completion), the evaluation team will
schedule an Eligibility Determination Meeting for the purpose of addressing the
question, "Does the child's performance suggest the presence of a disability and
the need for specialized instruction and related services?"
Schedule the eligibility meeting on a date and at a time and location convenient
for the parent and for the public agencies. Parents must be provided a completed
Meeting Notice.
Advanced notice of the meeting date, time and location must also
be provided to all participants to assure meaningful participation. If interpreter
services are required to meet the needs of the parent and/or the student, they
must also be provided.
Parents must be provided notice at least 10 days in
advance unless they waive their right to the 10 day requirement.
If the parent(s) is unable to attend the meeting, additional attempts must be
made to ensure the parent can be a part of this process.
Evaluation
Timelines for
Children
Transitioning
from Part C
For Part C children being considered for Part B eligibility, the eligibility
determination meeting must be completed within the 60-day timeline. In addition,
the evaluation and subsequent IEP meeting if the child is eligible for special
education must occur before the child turns age 3 to meet state performance
indicators.
The
Eligibility Determination Worksheet for a Child Transitioning from a birth
to 3-year program
requires that a reason be selected when an eligibility
determination meeting is not held
withpin
rior to the child’s third birthday and
the 60 day timeframe. No reason is considered acceptable and not holding the
meeting within the timeframe will be considered non-compliant for meeting
federal data requirements.

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Eligibility
Determination
Team
Membership
Eligibility decisions are made by a team of individuals comprised of the
individualized education program (IEP) team and other qualified professionals, as
appropriate. Required participants must be identified and invited to the eligibility
determination meeting. The general requirements for team membership are:
parents of the individual being evaluated;
general education teacher;
at least one special education teacher or, if appropriate, at least one
special education provider for the eligible individual;
a representative of the LEA or AEA who is qualified to provide or supervise the
provision of specially designed instruction and who is knowledgeable about
general education curriculum and the availability of the resources of the LEA;
an individual(s) who can interpret the instructional implications of the
evaluation results;
other individuals with knowledge or special expertise regarding the eligible
individual, as appropriate; and
the individual being considered for eligibility as appropriate.
Additional participants may be invited. This group of individuals is hereafter
referred to as the Individualized Education Program {IEP) team.
Note: An individual, when qualified may hold two or more positions on the
evaluation team. A school representative is a required participant with knowledge
or expertise to interpret the instructional implications of the evaluation results
and intervention outcomes.
Exclusionary Factors Considered:
Citation
34 C.F.R. § 300.306(b)(1)(i-iii)
Kansas Rules of Special Education 41.305(2)
Discussion
Evaluation teams examine relevant information to rule out whether a child's
performance difficulties are primarily the result of a lack of appropriate instruction,
socio-economic variables, cultural differences or poor attendance.
A child must not be determined to be a child with a disability if the team determines
that the educational difficulty is primarily related to:
Lack of appropriate instruction in reading, including the essential components of
reading instruction (Phonological Awareness, Phonics, Fluency, Vocabulary, and
Comprehension)
Lack of appropriate instruction in math
Limited English proficiency
Evaluation teams should also consider if the determinant factors for the child's
educational performance is primarily related to other ecological variables, including
socio-economic status,
cultural or ethnic differences, or
school attendance or mobility (multiple moves, different districts).
Lack of
Appropriate
Instruction,
To ensure that underachievement in a child suspected of having a disability is not
primarily due to lack of appropriate instruction in reading or math, or due to
inconsistent instruct ion based on attendance and/or mobility the team must

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Attendance
and Mobility
consider data that demonstrate:
that prior to, or as a part of, the evaluation process, the child was provided
appropriate instruction in regular education settings, delivered by qualified
personnel;
that during the instructional intervention the student was present on a regular
basis for instruction; and
repeated assessments of achievement at reasonable intervals, reflecting formal
assessment of student progress during such instruction.
The procedure for determining whether or not lack of instruction is a contributing
factor has three components.
1. Gather and review class-wide data on all students, and attendance data of
the student being evaluated. If most students in the classroom are achieving
or are progressing at rates different from the child being evaluated, and the
child being evaluated has been in school within the same school district, lack
of instruction is not a likely factor and can be ruled out as a contributing
factor.
2. Gather and review progress monitoring data from supplemental instruction
on similarly performing students. If many students in the group receiving
supplemental instruction are progressing at a faster rate than the child being
evaluated, then lack of instruction is not likely a contributing factor.
3. Implement an intervention either prior to or as part of the evaluation. The
best "test" of whether or not lack of instruction is a causative factor is to
implement instruction systematically and evaluate its effect. If, during
supplemental intervention (either prior to or as part of the Full and Individual
Initial Evaluation), the child's performance improves to the point that short-
term intervention will result in performance consistent with grade level
expectations, then instruction is likely a causal factor. The child cannot be
determined to be a child with a disability. It is appropriate for supplemental
instruction to continue in the general education setting
Limited English
Proficiency
The context in which evaluation and eligibility decisions are made includes the
consideration of linguistic variables unique to the individual. For example, if an
individual’s performance does not fall below the expectations of peers with similar
linguistic backgrounds, the individual's needs are not likely due to a disability
requiring special education.
When the family's primary language is not English, a member of the school team who
is proficient in the family's language or a trained interpreter should conduct
interviews with the family. For students whose primary language is not English,
communication deficits only constitute a disability if the communication problem is
present in both English and the individual's primary language. During the eligibility
decision-making process, the evaluation team must rule out language and
acculturation as the primary reason for performance deficits. An assessment of the
individual's English language proficiency may be needed in order to develop
appropriate interventions or evaluate the individual's response to interventions and
to make eligibility decisions. It is important to have someone on the team who is
knowledgeable about the student's linguistic diversity and who has the skills to help
differentiate between language acquisition and disability characteristics. The team

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may find it helpful to review and discuss the following questions:
How is the student's performance when compared to others of like linguistic
backgrounds?
Are the materials and methods used in the evaluation to measure progress,
discrepancy and need non-discriminatory?
Have assessments been administered in the language and form most likely to
yield accurate information on the student's performance?
Did the interventions from which progress data is gathered adequately address
linguistic variables impeding the student's performance?
What is the student's performance on measures of linguistic aptitude (e.g. Basic
Interpersonal Communication Skills, Cognitive Academic Language Proficiency)?
Does the student speak and understand the language of instruction?
Based on the information gathered and analyzed with respect to this student,
does the team feel that the individual's educational performance is primarily the
result of linguistic variables?
If it is determined that the child's performance is primarily a function of limited
English proficiency, the team will document this conclusion on the
Educational/Evaluation Report.
At the Eligibility Determination meeting the
exclusionary factors will be discussed and the student will be determined "not
eligible" for special education services. Documentation of the eligibility
determination must be provided to parents on the
Prior Written Notice
.
Ecological
Variables of
Socio-
economic
Status
The context in which suspected disability and eligibility decisions are made includes
the consideration of the socio-economic factors unique to the individual. To ensure
that socio-economic status is not a primary reason for underachievement in a child
suspected of having a disability, Haysville staff must be aware of the impact of socio-
economic variables on learning and take proactive steps to ensure that students
from low SES backgrounds are provided the necessary supports, instruction and
enrichment activities to ensure academic success.
During the eligibility decision-making process, the evaluation team must rule out
economic factors as the primary reason for performance deficits. it is important to
have someone on the team who is knowledgeable about the effects of socio-
economic variables on educational performance. The team may find it helpful to
review and discuss the following questions:
Are the child's needs a result of, or in pan related to, a lack of having similar
opportunities to learn as peers?
What social contexts (e.g. health, nutrition, safety, and mobility) may be
impacting educational performance?
What strategies have been employed to assist learning (e.g. modeling,
scaffolding, strength based instruction, school based opportunities for
drill/practice) have been provided? Describe the impact.
What behavioral strategies have been used to foster resilience, positive
responses, motivation and engagement? Describe the impact.
Is the child s pattern of learning similar to other students with similar socio-
economic status?
Teams are encouraged to gather and analyze educational history, ecological,

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contextual, instructional and behavioral information during the full and individual
initial evaluation to ensure that students from low SES are not over-identified for
special education and related services. Considering the elements of lack of
appropriate instruction may provide teams with additional guidance.
Ethnic, Racial,
Cultural, and
Familial
Variables
The context in which eligibility decisions are made includes the consideration of
ethnic, racial, cultural, and/or familial variables unique to the individual. If the team
determines that such factors might explain the individual's lack of academic
achievement or functional performance, further inquiry needs to occur to determine
their impact. It is important to have someone on the evaluation team {or who has
consulted with the team) who is knowledgeable about the student's ethnic, racial,
cultural or familial diversity and who has the skills to help differentiate between
cultural differences and learning problems. To ensure that ethnic, racial, cultural or
familial factors are not the primary reason for underachievement in a child suspected
of having a disability, the team might find it helpful to review and discuss the
following questions:
How is the individual's performance compared to others of similar backgrounds?
Are the materials or techniques used to measure the child s performance non-
discriminatory?
Did interventions address cultural, racial, ethnic or familial variables impacting
student performance?
Are the school curriculum, instruction and climate respectful of the values,
beliefs, customs and traditions of the child and his/her family?
Is the child's pattern of learning similar to other students with similar cultural,
racial, ethnic or familial ecological variables?
Based on the information gathered, analyzed, and documented, the team must
determine if the individual's educational performance is primarily the result of
cultural, racial, ethnic, or familial variables or the result of a disability. if it is
determined that the educational performance is primarily a result of any of these
factors, the team will document this conclusion on the
Educational Evaluation
Report.
At the Eligibility Determination meeting the exclusionary factors will be
discussed and the student will be determined "not eligible" for special education
services. Documentation of the eligibility determination must be provided to parents
on the
Prior Written Notice.
Factors Not a
Primary
Reason for
Educational
Performance
After reviewing available information and determining that the student's lack of
educational performance is not caused by one or more of the exclusionary factors
the team documents the information gathered in the
Educational Evaluation Report
and continues with the evaluation to address progress, need and discrepancy.

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Disability Suspected Form:
Disability Suspected Form
Student:
Birthday:
Legal Last Name
Legal First Name (no nicknames) MI
Gender:
Male
Female
Grade:
Teacher/Service Provider:
Resident District:
Building:
Attending District:
Building:
Are there data to suggest:
(Check all that apply)
the child is affected by a health or physical condition or a functional limitation that adversely
affects educational performance (e.g., a progressive condition, a condition strongly associated with
adverse effects on developmental progress or educational performance)
there has been a significant status change due to a health or medical condition, injury, etc. (e.g.,
traumatic brain injury)
there is an obvious and immediate need for service that may exceed the capacity of general
education to provide (e.g., progressive loss of sight requiring Braille and orientation and mobility
instruction)
the child’s performance is below standards or expectations, is unique compared to others, and not
explained by more plausible factors (i.e., attendance or cultural factors)
Summarize:
the status of the child’s hearing and vision:
the information which suggests the child’s educational performance falls persistently below state
approved standards or typical developmental or behavioral expectations for age and grade level:
how the child’s performance is unique when compared to others in the same setting:

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other plausible explanations that may account for the child’s lack of educational performance, (i.e.,
lack of appropriate instruction, language other than English, lack of prior knowledge, cultural
expectations, attendance or mobility):
Documentation of Decision:
Participants involved in decision:
Name
Position
Name
Position
Is disability suspected?
Yes
No
Date:
NOTE:
Written parent consent for a full and individual initial evaluation must be sough when disability is
suspected.
Prior Written Notice
of a refusal to conduct an evaluation must be provided when parents have
requested an evaluation and disability is not suspected.
This form must be retained as a part of the student’s record.
Notes:

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Field Trips:
All field trips funded by the special education budget must have prior authorization through the
Special Education Department.
There must be documentation that the trip is curriculum based and part of
the student’s IEP.
Field Trip/Community Outing Procedures
ALL FIELD TRIP/COMMUNITY OUTINGS MUST START AT THE SCHOOL SITE WITH PRIOR APPROVAL
(SIGNATURE/DATE) FROM THE SITE ADMINISTRATOR
1. Teacher completes Request for Transportation online (Approval from Site Administrator).
2. The Site Administrator forwards this request to the Director of Special Education.
Notes:

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General Education Interventions (GEI)
Component
Characteristics
Child Find:
Procedures ensuring the early
identification of students enrolled in public school
including screening and intervention for students
ages five through 21.
Intervene early for each student who is
presenting academic or behavioral concerns.
utilizes observations, instruments, measures
and techniques that may disclose any potential
exceptionality.
General Education Interventions:
Except in rare
cases, interventions and strategies are
implemented to support each student’s presenting
academic or behavioral concerns, and only when
the student’s progress indicates a potential
exceptionality should the student be moved into
initial evaluation for special education.
School personnel have data-based
documentation which indicate an evaluation is
appropriate, or
School personnel have data-based
documentation that general education
interventions and strategies would be
inadequate to address the areas of concern for
the child.
Data-based Documentation of General Education
Interventions:
Includes specific data as evidence
the student’s needs are beyond what general
education can provide and an evaluation is
appropriate.
Specific Documentation:
that appropriate instruction was provided to the
student,
what educational interventions and strategies
have been implemented,
the results of repeated assessments of
achievement which reflect the formal
assessment
of the student’s progress during
instruction,
that parents have been provided the results
the results indicate an evaluation is appropriate
Documentation when using School-Wide (RtI)
approach to General Education Interventions:
In
Kansas, schools may use either a school-wide multi-
tiered model of support or an individual student
problem-solving approach to carry out GEI. Schools
utilizing the school-wide approach need to ensure
that additional parent notification occurred.
Documents that parents were notified about:
the State’s policies regarding the amount and
nature of student performance data that would
be collected and the general education services
that would be provided,
the strategies for increasing the student’s rate
of learning, and
the
parents’ right to request an evaluation.
It is recommended to schools that utilize a
school-wide approach that they publish
information about their system. Some ways to
accomplish this additional requirement might
include providing information to parents
through methods such as:
Brochures that describe the school’s system of
supports
School or student handbooks
Annual child find notifications

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Kansas Policy Statement on Multi‐Tiered System of Supports
As a district implementing Multi‐Tier System of Supports (MTSS), we monitor each student’s response
to scientific, research‐based instruction and intervention through assessments of academic
achievement and behavior, repeated at reasonable intervals to gauge individual student progress.
Instruction and interventions provided to students are child‐centered, delivered by qualified personnel,
and research‐based to the extent feasible. At any time, if you believe your child may have an
exceptionality you have the right to request an evaluation for special education.
What is required in regulation?
CFR 34 § 300.311 (a)
(7) If
the child has participated in a process th- at assesses the child’s response to scientific, research
based intervention—
(i) The instructional strategies used and the student-centered data collected; and
(ii) The documentation that the — child’s parents were notified about
(A) The State’s policies regarding the amount and nature of student performance data
that would be collected and the general education services that would be provided;
(B) Strategies for increasing the child’s rate of learning; and
(C) The parents’ right to request an evaluation.
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.
Notes:

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General Education Teachers at IEP meetings:
According to the federal and state law, general education teachers must be in attendance at every
IEP meeting.
A parent has the right to stop the meeting if the general education teacher fails to attend the
meeting.
If the IEP meeting is part of a pre-expulsion hearing at the District Office, the meeting will be
stopped if the general education teacher is absent.
The general education teacher acts as a representative of all general education teachers when
appropriate student placement is being discussed.
Parents may excuse the general education teachers from attending the IEP meeting. An Excusal From
IEP Meeting form must be signed by the parent.
Notes:

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Grading Policies:
Elementary Grading Policy
Please refer to the Elementary Report Card Grade Policy
Secondary Grading Policy
Please refer to the Secondary Grading Policy
Notes:

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Health Screening:
No psycho-educational assessment should begin until the psychologist received the completed
Health Screening from the Nurse.
The Nurse will complete the Health Screening immediately.
If a student fails either the
have
visa
docion
umented
ovisr
iohn
eaor
heariring
ng exam and doesn’t
impairment, Parents should be encouraged to take their child to an optometrist, family doctor or
audiologist before any evaluation begins.
Notes:

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Home Based Special Education Instruction:
In order that we stay in compliance with students that have been placed on Home Instruction, below is
a process that has been outlined. Please read it carefully. If you have any questions, please contact
Becky Cezar.
Initial Placements:
a) The psychologist must attend the meeting, as it is considered a change of placement. (If a
request for Home Instruction is made for medical reasons, follow up with a doctor is required
by the nurse prior to the IEP meeting.
b) The reason/rationale for the change to Home Instruction must be clearly stated in the IEP.
c) The duration of Home Instruction must be clearly delineated in the IEP, i.e. 9/20/10
1/13/11.
It may not be vague, i.e. for the duration of the illness.
The goals and objectives must be reviewed and the team must determine they are still appropriate. If
no changes need to be made to the IEP, it needs to be documented that they were reviewed and
continue to be appropriate.
The goals and objectives from the previous IEP are reviewed and are marked as to whether they are
achieved or not. New goals and objectives are developed and agreed to. They must be written for the
duration of the placement on Home Instruction or one year.
d) If the student receives any related services, those providers must be at the IEP meeting to
discuss how the goals and objectives can incorporated into Home Instruction plan. i.e.
incorporated into the objectives provided by the home teacher with or without consultations
by the related service provider to the home teacher or, in some cases, provided at the home
site.
e) Please indicate the next review date as the annual date.
f) IEP (including copies of continued goals and objectives, if new ones were not written), are given
to the Special Education Coordinator and Special Education Director for signatures At this time
a home teacher will be assigned. Accompanying the IEP and Consent for Placement will be a
Staffing Summary indicating which Coordinator the teacher can contact regarding specialized
materials or information.
g) The Special Education Department assigns a home teacher and enrolls the student in the home
based instruction as soon as possible. The home teacher is given the IEP as well as the form
indicating names of staff from Special Services who can assist them.
Reviews/Reinstatements:
Each Case Manager will track the data run for reviews.
Annual Reviews:
The Case manager will schedule the IEP and notify parent, home teacher, and any related service
provider. If it is suspected that the student will be returning to a school site, then special and general
education teachers, psychologist and other staff, as appropriate, are included.
If the student continues on Home Instruction, the Case manager rewrites the IEP. In addition, s/he
sends a copy of the IEP to Special Education Office with a notice indicating that Home Instruction is to
continue.
If the student returns to a school site, the Case manager processes the IEP. In addition, s/he notifies
the Special Education Department that the student was moved from Home Instruction back to a school
site.

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NOTE:
If the home teacher is not a credentialed special education teacher, then the assigned Case
manager does an updated assessment/prepares suggested goals and objectives and attends the IEP
meeting.
Triennial Reviews:
The Case manager notifies the
psychologist assigned to the student’s home school.
The assigned psychologist prepares the Consent to Evaluate with input from and related service staff,
and obtains the signature from the parent. The psychologist notifies staff that the Consent to Evaluate
has been received, and conducts the assessment.
NOTE:
Case managers will do the academic assessment.
The assigned psychologist schedules the IEP meeting and notifies the appropriate staff, including the
Case manager. See above statements regarding the process after the IEP meeting.
Reinstatements Suspensions/Expulsions:
a) If the student is eligible for reinstatement and has applied to return to school, the case
manager will set up a meeting with the IEP Team and send the parent a 10 Day Notice.
The case manager will then notify the home teacher and related service providers, general
education teacher, and psychologist. The IEP meeting will be conducted at the reinstatement
meeting. Goals and objectives will be reviewed and/or rewritten per guidelines stated above.
The IEP and staffing summary will be sent to the Special Education Department and will be
processed by the case manager.
b) If the student is eligible for reinstatement, but has not applied, the case manager will contact
the parent (by phone, registered letter, via home teacher, etc.) regarding no request to discuss
any issues. This contact is to be documented in the student’s special education file. An IEP is
conducted per guidelines, as appropriate.
NOTE:
ANY TIME A STUDENT IS PLACED ON HOME INSTRUCTION OR GOES FROM HOME
INSTRUCTION TO A PROGRAM AT A SCHOOL SITE, AN IEP MUST BE HELD PER DISTRICT
REQUIREMENTS AND GUIDELINES. A PARENT MUST BE INVOLVED AND SIGN THE IEP, AS IT IS A
CHANGE OF PLACEMENT.
Notes:

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IEP
IEP Meeting Requirements:
IEP Meeting for
Annual Review
IEP Meeting for any
other purpose
Amend an IEP without
Meeting
Notice of Meeting (10-Days Prior to
Meeting)
Yes
Yes
No
Required Member Attendance
Yes
Yes
No
IEP Team Considerations Must be
Addressed
Yes
As Needed
As Needed
Update Present Levels
Yes
As Needed
As Needed
Update/Change Annual Goals
Yes
As Needed
As Needed
Update/Change Assessment
Participation
Yes
As Needed
As Needed
Update/Change Postsecondary Goals As Needed
As Needed
As Needed
Update/Change Statement of Special
Education and Related Services
including Transition Services
*
As Needed
As Needed
As Needed
Educational Placement
*
Yes
As Needed
As Needed
Consideration of Least Restrictive
Placement
Yes
As Needed
As Needed
IEP Amendment Form
No
No
Yes
Notice of Proposed Action (of any/all
changes in IEP)
Yes
Yes
Yes
Resets Annual Review Date of IEP
Yes
No
No
Parent Receive a Copy of the IEP
Yes
Yes
Upon Request
Consent
Only on * items above and meet one of the criteria below.
*
Consent is required when a change in Special Education and Related Services or Placement meets any of these criteria:
1.
Substantial change in placement (more than 25% of the child's school day)
2.
Material change in services (25% or more of any one service)
3.
Add a new service, or delete a service completely (100%)
Notes:

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IEP Team Considerations Form:
Student Name:
IEP Meeting Date:
IEP Team Considerations
(The child’s IEP must reflect these considerations.)
What are the strengths of the child?
How have the child’s strengths been utilized to address the child’s needs on the IEP?
What are the parents’ concerns, if any, for enhancing the education of their child?
How are the parents’ concerns
addforesser d otn
hthe e
IEPedu?
cation of their child
Are there any potential harmful effects of the recommended placement on the student and/or the quality of
services for the student? (Do the positive effects of the placement outweigh the potential harmful effects?)

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Will the child participate in regular physical education or does the child require specially designed adapted
physical education? (Children with disabilities only.)
Are extended school year services necessary since the benefits accrued to the child during the regular school
term will be significantly jeopardized as a result of a break in educational programming? (Children with
disabilities only.)
IEP Team Consideration of Evaluation Results
and Special Factors
If yes, where is this
need addressed in
the IEP?
Have the needs of the child which were identified in the most
recent evaluation of the child, including observed needs and the
child’s performance on-
wide
genasseeral
ssments,
State and district
been considered in the development of the child’s IEP?
Yes
No
Does the child’s behavior impede his or her learning or that of
others?
Yes
No
If the child is blind or visually impaired, does evaluation of the
child’s reading andan
d
wappritinropriate
reg
adinskillg
s, needs,
and writing media (including an evaluation of the child’s future
needs for instruction in Braille or the use of Braille), indicate that
instruction in Braille or the use of Braille is appropriate for the
child? (Children with disabilities only.)
Yes
No
Does the child have limited English proficiency?
Yes
No
Does the child have any special communication needs?
Yes
No
If the child is deaf or hard of hearing, does the child have any
special communication needs relating to opportunities for direct
communications with peers and professional personnel in the
chilanldgu’s
age and communication mode, academic level, or
opportunities for direct instruction in the child’s language and
communication mode? (Children with disabilities only.)
Yes
No
Does the child require any assistive technology devices or services
in order to be involved, and to progress in the general curriculum or
to be educated in a less restrictive environment? (Children with
disabilities only.)
Yes
No

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IEP Changes Matrix
Reevaluation
Review
Amendment
When is it Required?
Every three years
Exit from all special
education services (other
than graduation)
When requested by
parent or teacher
IEP team determines
reevaluation is needed
At least annually
When requested by
parent or teacher
Not required, but can be
used to make changes in
students’ program
Type of Changes
Permitted
Change of placement
LRE
Goal areas
Services to be provided
Virtually any other
change is permitted
Change of placement
(other than exit)
LRE
Goal areas
Services to be provided
Virtually any other
change is permitted
Change of placement
(other than exit)
LRE
Goal areas
Services to be provided
Virtually all other change is
permitted
Documentation
Requirements
Consent for Notice of
Reevaluation. Parent
signature is required if
additional assessment
information is to be
collected
Meeting Notice
New IEP (Reevaluation)
Six reevaluation
questions in IEP
documentation of data
used to make decisions
and justify changes
Prior Written Notice of
Proposed/Refused action
Meeting Notice
New IEP (Review)
Prior Written Notice of
Proposed/Refused action
documentation of data
used to make decisions
and justify changes
Meeting Notice (if meeting
is held)
“Amendment” IEP
Prior Written Notice of
Proposed/Refused action
documentation of data
used to make decisions
and justify changes
Is a meeting required?
YES
YES
Not required by a meeting
must be held if either
parent or agency requests
it or if the amendment
changes FAPE for the
student
New IEP Written?
YES
YES
No (web-IEP
“Amendment
IEP” is created). Selected
portions of existing IEP are
unlocked and edited
Duration of IEP
No more than one year
Reevaluation date (web
IEP) “rolls ahead” three
years
No more than one year
Reevaluation date
remains three years from
last evaluation
Reevaluation date remains
three years from last
evaluation
“Duration from” date
changes
“Duration to” date remains
the same as existing IEP

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Least Restrictive Environment:
After a student is determined eligible for special education services, placement in a special education
program should be considered only if reasonable modifications/accommodations to the regular
education classroom/curriculum cannot meet the needs of the student.
The SIT team has the responsibility of determining
placemerenstt ricin tthive
e “leenastvironment”
needed to meet the needs of the student. The continuum from least to most restrictive is:
General Education Classroom (no supports)
General Education Classroom with Accommodations
General Education classroom with Inclusion Supports (Paraprofessionals, Teacher, Related Service
Providers: SLP, APE, OT, etc.)
General Education Classroom with Resource Room
Self-Contained Classroom
Special Day Class (may include Related Services)
Special Schools and Residential School
DETERMINING THE LEAST RESTRICTIVE ENVIRONMENT FOR STUDENTS
The Least Restrictive Environment is defined as
“each
public agency shall ensure that: to the maximum
extent appropriate, a pupil with an educationally disability shall be educated with children who are not
educationally disabled; special classes, separate schooling or other removal of a pupil with an
educational disability from the pupil's regular class occurs only when the nature or severity of the
educational disability is such that education in the pupil's regular class with the use of appropriate
supplementary aids and services cannot be achieved satisfactorily."
Least Restrictive Placement in the Continuum of Educational Services
Move this
way only as
far as
necessary
General Education (no supports)
General Education with Special Education Support Services
Return this
way as
rapidly as
feasible
In-Class Resource Center Support and other Related Services
Pull-Out Resource Center Support and other Related Services
Special Classes with Mainstreaming Opportunities in Academic and Non
-Academic Classes as Specified in the IEP
The law mandates non-academic mainstreaming (lunch, gym, etc,) for all
students unless it is clearly inappropriate for an individual student for
specific reasons.
Day Schools and Special Class Clusters
Residential Programs
Hospital Schools
Home Instruction
The following questions will assist you in considering the appropriate environment for your child.
1. Where would your child attend school if he or she were not disabled? (Does neighborhood or
family isolation occur because your child does not attend the neighborhood school?)

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2. What changes would have to be made at the school for your child to attend? (Physically
accessible? Interpreter? Transportation?)
3. What do you want for your child's future? Difficult question but you must have a vision to direct
education.
4. What skills will your child need to have for the future you envision for him or her? (Think in
clear and simple terms: not gross motor skills, but ability to walk up stairs.)
5. What school programs and activities might help your child develop these skills? (Example,
cafeteria, tolerance of noise while eating.)
6. What supports and services are needed for your child to be involved in these school programs
or activities?
7. What additional programs and activities should be developed for your child? (Example, needs
for physical therapy, speech therapy, community vocational training.)
WHAT IS "SUPPORTED INCLUSIVE EDUCATION"?
Supported inclusive education refers to the opportunity for all students,
regardless of their disability,
to be educated in
age-appropriate
general education classes in their
neighborhood school in natural
proportions*.
All necessary
supports
are provided to students and educators to ensure meaningful
participation in the total school community.
Definitions of Terms
Regardless Of Their Disability:
Inclusion looks different for every student, based upon the individual
needs, strategies and resources required, and can accommodate students with the full range of
disabilities.
Age-Appropriate:
Placement should be in a class with students within one to two years of the
chronological age of the student being included.
Neighborhood School:
This refers to the school the child would attend if s/he did not have an
educational disability.
Supports:
Supports can include, but are not limited to:
curricular or instructional strategies
peer supports
team teaching strategies
assistive technology
environmental adaptations
specialized instructional strategies
integrated and consultative related services
Supports will be different for each student dependent upon the unique needs of each student, class
and district. Inclusive education requires creative thinking in providing these supports and a
redefinition of roles. Inclusive education also involves supports for teachers:
planning time
training and technical assistance
collaborative teaming
parental involvement
administrative support
Natural proportions means that children with disabilities aren't lumped together in one general
education class but distributed throughout all general education classes.

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Inclusion
The primary placement is in the general education classroom, although instruction may also be
provided in other settings based on the student's needs. Supports and performance expectations vary
based upon the student's needs and goals as stated in the Individualized Education Program (IEP).
Students may be engaged in the same activity with or without modifications, or may be engaged in
parallel activities (i.e., same content area but different activity). Inclusion has come to be preferred
primarily because it connotes that students with disabilities are considered part of the general
education classroom.
WHY IS INCLUSIVE EDUCATION IMPORTANT?
Preparation for Adult Living:
The goal of education is to prepare individuals to be contributing
members of society. Segregated settings often cannot prepare individuals to function in integrated
community and work environments because they do not afford those with or without disabilities
opportunities to develop the attitudes, values, and skills required to get along with one another as
interdependent members of society. By attending their local schools, students with disabilities can
practice skills in the actual community settings where they're needed and they can then develop a
sense of belonging.
Improved Learning through Peers and Greater Exposure:
Students with disabilities who are placed in
general education classes have opportunities to grow socially and academically through peer models
and exposure to a greater variety of experiences. Research data supports that most special education
students learn more rapidly in a general education setting.
Growth for Peers:
Through having students with disabilities in their schools and classes peers without
disabilities learn to develop skills in dealing with others who are different from them. This experience
often leads to growth in their self-esteem and interpersonal behaviors, paving the way for the
formation of rewarding adult relationships with a variety of people in community, home, and
workplace settings.
Effective Use of Resources:
When students with disabilities are educated in general education classes,
special educators provide support in that setting. This affords students the opportunity to learn from
special educators, general education classroom teachers, and classmates. The entire class benefits
from the collaboration of general education and special educators; some general education educators
feel they have learned from special educators more effective ways to assist all students in the class.
Friendship Development:
Inclusion affords students with and without disabilities opportunities to
become friends with one another. Some of the friends that students with disabilities make in school
today will be their co-workers and fellow community members as they reach adulthood.
Acceptance of Differences:
As students with and without disabilities interact as classmates and friends,
opportunities arise to break down barriers and help people to understand each other better. Inclusion
can help us to create a society that accepts and values persons with and without disabilities as
contributing members in all aspects of community life.
Team Building:
Successful inclusion of students with disabilities requires greater collaboration
between general education and special education personnel. This teamwork can result in improved
instruction for students and improved staff morale. The parents of the students with disabilities also
become valued members of this collaborative team, sharing their dreams and aspirations for their
children's futures.

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Focus on Strengths:
Inclusive education programs are characterized by a focus on the student's
strengths, rather than the student's deficits. This emphasis enables the educators to look closely at
areas where the student is functioning most like his typical peers, and these strengths are then used to
facilitate positive interactions with classmates.
Support of Civil Rights:
The Individuals with Disabilities Education Act (IDEA) entitles all children with
disabilities to free appropriate public education in the least restrictive environment. In addition,
Section 504 of the Rehabilitation Act of 1973 guarantees that people with disabilities cannot be
excluded from any program or activity receiving federal financial assistance.
Notes:

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MANDT Training:
The Mandt philosophy is that all people should
be seen as people first
and treated with
dignity and
respect.
The core of Mandt is building healthy relationships, effective communication, and conflict
resolution. By using the strategies and skills acquired through Mandt training, the staff will be able to
effectively respond to a variety of student situations in a positive manner. This portion of Mandt can
also be incorporated into the working environment to create a safe and healthy working atmosphere
among staff.
When interacting with an escalated person, Mandt highly recommends engaging in verbal de-
escalation. The staff is trained to use a graded and gradual set of alternatives. Mandt believes in being
proactive when dealing with a person who has the potential to become verbally and/or physically
aggressive. By building healthy relationships, effectively communicating, and using conflict resolution
strategies, most situations can be handled in a way that leaves everyone feeling emotionally, socially,
and physically safe in their environment.
While Mandt does teach physical restraint, it is highly emphasized that restraint only be used for the
purpose of safety. Mandt believes that it is better to teach the safest possible physical techniques
rather than to have staff improvise and engage by reacting and using techniques that may increase the
potential for injury to staff or students.
To arrange MANDT Training for your building staff, please contact Karon Waters 554-2324
kwaters@usd261.com
or Lisa McKeown 554-2350
lmckeown@usd261.com
for next class dates.
Notes:

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Manifestation Determination:
On the 10th day of suspension a student cannot be suspended any further without a Manifestation
Determination completed by the school psychologist.
If the student is inadvertently sent home after the 10th day of suspension without a Manifestation
Determination, the student must be allowed to return to school immediately.
An IEP meeting will need to be held with information regarding Discipline, Suspension/Expulsions,
Behavior Support Plans, Interventions, Behavioral Goals, referral to, site counseling.
All documentation will need to be in place prior to an Expulsion. If the documentation is not
evident, the expulsion may be stopped and the student sent back to school.
Notes:

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Mediation/Due Process/Formal Complaint:
This process was created to mediate IEP disputes at the local level.
Develop partnerships between the parent and district.
Is intensive support for the site and district?
Is a collaborative process to resolve concerns?
Blends resources and expertise.
Is district administrator directed
Is special education facilitated?
If at the IEP meeting, the parent is not in agreement with the team decision, please contact the
Special Education Director. (316) 554-2222
An administrator trained in mediation, due process, and formal complaints will be contacted.
The parent will be called to discuss the issues and mediation, due process, or formal complaint may
be an option to resolve the dispute.
Notes:

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Paraprofessional Duties:
If the teacher is…
The para can be…
Lecturing the class
Modeling note taking on the board or overhead
Completing a graphic organizer for students to use
Completing a study tool to support student learning
Identifying and record important vocabulary
Keep a notebook of activities, assignments, etc. as a model for students
Taking roll
Collecting homework
Introducing the bellwork
Assisting students in getting organized
Reviewing & modeling directions, modeling first
problem
Passing out papers
Giving instructions orally
Writing instruction on board or on a form so students will have a visual
Create a sequential to do list for the students
Checking for understanding with large group
Checking for understanding with a small/table groups
Providing direct instruction to whole class
Circulating, providing one-on-one support as needed
Facilitating a silent activity
Circulating, checking for comprehension and participation
Providing large group instruction
Circulating, using proximity control for behavior management
Reteaching or preteaching with a small group
Monitoring large group as they work on practice materials
Facilitating sustained silent reading
Listening to students read aloud quietly either individual students or small
group of students
Facilitating stations or groups
Also facilitating stations or groups
Explaining a new concept
Monitor students’ work, organization, understanding
Types of Assistance Paraprofessionals Should Provide In the Classroom
Station Assistance:
Teacher and Paraprofessional plan and organize work center activities tied to state
standards with attention given to differentiation of center activities. Teacher and paraprofessional assess
student’s mastery of center activities.
Parallel Assistance:
Teacher plans lessons for both groups of students. Para works with one of the
groups while teacher works with other group.
Remediation or Extension:
Paraprofessional works with students that didn’t master material in group
instruction and re-teaches the concept or paraprofessional works with students that have mastered
concept before the rest of the class and offers enrichment activities.
Roving:
Paraprofessional is moving around the classroom ensuring that students are on task and
understanding materials.
Notes:

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Parent Participation
According to the federal and state law, each public agency shall take steps to ensure that one or both
of the parents of a child with a disability are present at each IEP meeting or afforded the opportunity
to participate.
Notify the parents early enough, at least 10 days, to ensure that they will have an opportunity to
attend. If the parent waives their right to advance notice, this must be indicated on the IEP.
Schedule the meeting at a mutually agreeable time.
A 10 Day Notice
and the Procedural Safeguards (Parent’s rights) must be sent home to the parent.
Three attempts must be made to insure that the parent will attend. Document this on the contact
sheet in the student. ’s special education file
If a parent requests an IEP meeting, the team has 30 days to schedule this meeting.
Notes:

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Parents Refuse Consent to Later Placements:
1.
You can’t override
to
tan hine
itial
pparelacemennt t(pares’
nrets hafve
uthsal
e final say
regarding initial placements) but a recent ruling by
the U.S. Department of Education’s Office of
Special Education Programs (OSEP) suggests otherwise for “subsequent special education and
related services.” OSEP says that if the parents refuse consent for the initial placement, the
district is no longer obligated to give the child special education services.
2.
If a special education student’s parents refuse consent to further special education and related
services and the IEP team continues to recommend special education support, consider using due
process procedures to override their refusal.
3. If the parent consents
to the initial placement, the district has “an ongoing mandate to provide
FAPE [a free appropriate public education] to that child.” If the parents refuse consent to further
special education and related services, the district may find it appropriate to attempt an override
through a due process hearing.
Notes:

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Parent Requests for Special Education Testing:
According to the federal and state laws, classroom interventions must be documented prior to
assessment.
If a parent is requesting special education testing, the general education teacher must provide
documentation of interventions attempted and the outcome of the interventions.
Notes:

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Protocol for IEP meetings:
At times, some staff members may be involved in an IEP meeting that may become somewhat chaotic.
This may occur for a number of reasons. In the end, statements may be misinterpreted, emotions may
run hot, and mistrust may fester. These are some guidelines for conducting IEP meetings that would
facilitate the discussion and keep the focus on student needs and program. It might be helpful to discuss
them at a pre-team meeting.
All members of the team arrive on time to the meeting. At the beginning of the meeting, the purpose
of the meeting and roles of the participants are defined. In meetings where conflict is anticipated,
ground rules for interactions are established by the administrator/facilitator. If needed, time limits
are established and a timekeeper can keep track.
It is the expectation that all team members keep calm and speak softly, quietly and respectfully.
Should any participant in the meeting make unbecoming or inappropriate statements to another
participant, and then it is important that the administrator/facilitator calmly intervene by stating that
the remark is inappropriate and refocus the team to the purpose of the meeting.
If an interpreter is needed for the meeting, s/he should not be a staff member or an administrator
who has another role in the meeting. At the beginning of the meeting, the process for using the
interpreter should be reviewed. For example, the staff speaking addresses the parent; the
presentation is in chunks that can be translated by the interpreter; the interpreter addresses any
questions that the parent has to the team.
The administrator/facilitator moderates the meeting to keep the meeting on focus, and addressed
the issues and concerns as defined in the purpose as well as additional questions as they arise. The
administrator/facilitator asks questions to clarify information as needed and confirms that there is
understanding by all throughout the process of the meeting.
It is helpful that when staffs present their assessment data, they use a graphic presentation for the
team. The visual information will supplement the professional jargon for other professionals and
parents who may not be comfortable with only the specialized vocabulary.
At the time of scheduling an IEP meeting, when any site staff member or administrator feels the
tenor or content of the meeting is such that they need additional support, they may feel free to
request that the Director or Assistant Director of Special Education be present at the meeting.
Notes:

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Psychoeducational Reports:
The reports of any and all assessments completed as part of the psychoeducational assessment,
must
be given to the school psychologist at least 3 days prior to the IEP meeting
so that this information
can be included as part of the psychoeducational report.
According to state law, the final report must be ready at the time of the IEP meeting. The parent
should receive a copy at the time of the IEP meeting. If the final report does not have the necessary
components available, a draft report is acceptable at the time of the IEP meeting. The draft report
must have the word “DRAFT” indicated on all pages. If draft copies are distributed at the IEP
meeting, they must be collected at the end of the IEP meeting.
The completed folder will be turned into the Special Education Office within 10 days from the IEP
meeting date.
If the final copy of the psychoeducational report is not ready at the time of the IEP meeting, it is the
responsibility of the school psychologist to insure that the parent receive a copy of the report when it
is completed.
Notes:

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Reevaluation:
Determining Continued Eligibility
Upon completion of the reevaluation, the team should compile all data (that which previously existed
and/or was collected as part of the reevaluation) into a format that will be useful when the team
convenes to make the continued eligibility determination. It is important that all the information be in an
understandable format that allows the team, including
the parent, to understand the child’s strengths
and weaknesses and how the child is progressing in the general curriculum in addition to information
about the child’s exceptionality and needs for special education.
At the time the reevaluation is completed, the team should schedule a time to convene in order to make
the determination of continued eligibility. Parents are to be provided an opportunity to participate in the
eligibility meeting, which can be conducted at the same time as the IEP team meeting. The school must
provide a notice of the meeting at least 10 calendar days prior to the meeting date that includes the
requirements in K.A.R. 91-40- 17(b)(1).
When the meeting is convened, the reevaluation team, including the parents, review the results of the
reevaluation to determine:
if the child continues to be a child with an exceptionality;
the educational needs of the child;
the present levels of academic achievement and the functional performance (related developmental
needs) of the child;
whether the child continues to need special education and related services; and
whether any additions of modifications to the special education and related services are needed to
enable the child to meet the measurable annual goals set out in the IEP of the child and to
participate, as appropriate in the general education curriculum.
As is the case in all reevaluations, when making the determination of whether the child continues to be a
child with an exceptionality and whether the child continues to need special education and related
services, teams must take into account that the child has made progress since the time he/she was
initially evaluated and determined to be eligible for services. The fact that the child’s performance gap
may be less than at the time of the initial evaluation would not necessarily mean that the child is no
longer a child with an exceptionality and no longer in need of special education services.
The data collected at the time of the reevaluation should assist the team in decision making. Teams
should thoroughly discuss the child’s present levels of educational performance and consider the child’s
rate of progress. Teams should also consider what level of support is needed in order for the child to
access and progress in the general curriculum and whether that level of support would continue to
require specially designed instruction. If at the time of reevaluation, a student needs only general
accommodations, then the student is no longer eligible for special education, but should be referred for
consideration of eligibility for a 504 plan. These careful considerations should drive the determination of
continued eligibility.
Documenting Continued Eligibility
After completion of appropriate reevaluation procedures, the team of qualified professionals and the
parent of the child shall prepare a written reevaluation report. A copy of the reevaluation report and
documentation of whether or not the child continues to be a child with an exceptionality must be given
to the parents.
Notes:

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School Psychologist Interns:
The interns will be overseen by the Special Education Director. Prior to the intern beginning, the
intern and supervising school psychologist will meet with the Director of Special Education. A plan
will be developed as to how the interns will meet their fieldwork hours. The director will sign off on
the plan.
In association with the surrounding Universities, a program that has been developed to assist
graduates complete their fieldwork hours.
The interns will work alongside the certified school psychologists until the interns are able to work on
their own.
Assessments and scoring are reviewed by the certified school psychologists.
Psychoeducational Reports are reviewed by the certified school psychologists. Both the intern and
certified school psychologist sign the reports.
The intern and the certified school psychologist attend the IEP meeting.
Interns are invited to attend school psychologists’ staff meetings.
Notes:

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Sign Language Interpreter Services:
A request for a Sign Language Interpreter must be made 3 days prior to the date of services. District
interpreters may provide services after their regular workday for general education purposes if they
wish.
If a district interpreter is used after their normal working hours, your department will be charged for
their services. If the district interpreter arrives for a meeting that has been cancelled without notice
to the Special Education Depar, tthmee
reqnuest tinog
r
deptarthment
e pwareill
nt is a “NO SHOW”
be responsible for 1 hour of the interpreter’s time.
If a district interpreter is not available, the Special Education Department will schedule this
appointment with an outside agency. Charges are $43.00 per hour (2 hour minimum) for the
services. Services for Deaf and Hard of Hearing students with a current IEP will be covered by the
Special Education Department.
Notes:

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Special Education Students and Promotion/Retention Standards:
Districts receiving special education funding are required to comply with both the Individuals with
Disabilities Education Act and Section 504 of the Rehabilitation Act.
It is possible that special education students can be retained, but only under certain circumstances.
It is inappropriate to retain special education students who have failed to meet academic standards in
areas in which they qualified as special education students, unless the below standard is met.
It would not be unreasonable, on the other hand, to consider special education students to be at-risk of
retention based on the challenges they face while learning in the classroom.
The following information should be used as guidelines when considering the decision about promotion
and retention for a student in special education:
1. The Individualized Education Plan (IEP) includes:
The present levels of the student’s education performance.
The measurable annual goals, including benchmarks or short term objectives related to:
a)
Meeting the student’s needs that
ernabesule the
lt from the student’s disability to
student to be involved in and progress in the general curriculum.
b)
Meeting each of the student’s othter
heed
stuucdateniot’s
nal needs that result from
disability.
The specific special education instruction and related services and supplementary aids and
services to be provided to the student or on behalf of the student, and a statement of the
program modifications or supports for school personnel that will be provided for the student
to do the following:
a) to advance appropriate toward attaining the annual goals
b) to be involved and progress in the general curriculum
2. Also included in the IEP are appropriate objective criteria, evaluation procedures and schedules
for determining, on at least an annual basis, whether the annual goals are being achieved.
3. IEP decision to retain a special education student would be based on lack of meeting or making
progress toward student achievement within the appropriate goals and objectives and/or
significant absences that caused an impact on meeting and progress toward appropriate goals
and objectives.
An IEP meeting must be held if a special education student is going to be retained.
Notes:

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State Assessments & Testing:
State Accommodations, Assessments, and Test Selection
Eligibility
The use of accommodations is for students who have an IEP or Section 504 Plan and for whom the IEP or
Sections 504 Plan team has determined that accommodations are needed to provide equal access to the
assessments and the opportunity to demonstrate their knowledge of the content.
Who is responsible for making decisions regarding accommodations?
The IEP Team
The decisions regarding accommodations for instruction and assessment can occur during the IEP
meeting at the following times:
Section 1. Consideration of Special Factors
Special considerations need to be addressed in developing
the IEP. It is during this time that the IEP team discusses the appropriateness of communication and
assistive technology supports.
Section 2
.
Supplementary Aids, Accommodations, and Modifications
This is the time when the IEP
team discusses the services, activities and supports that will be provided in general education classes and
other education-related settings, which allow the student to be educated with non-disabled peers to the
maximum extent appropriate.
Section 3. District-Wide Assessments
The IEP team documents the participation of the student in
district-wide assessments.
Section 4. State Academic Assessments
The IEP team documents the participation of the student in
state academic assessments. Non-participation is not an option.
Section 5. Assessment Accommodations
During this part of the IEP meeting the team will document
the accommodations that are needed to facilitate the participation of the student in district-wide and
state assessments. As stated in the IPE document “The accommodations should e appropriate for that
particular assessment and reflective of those already identified for the student in the Supplementary
Aids. Accommodations and Modifications”-(
toi.e.,
-day
assessment accommodations used in day
classroom instruction and testing).
The process of making decisions about accommodations requires that the teams make good instructional
decisions, which align the student's learning to the state's learning standards and to standards-based
instruction. This involves reviewing the student's present levels of performance in relation to the
district's general education curriculum. The teams must be cognizant that accommodations are to allow
the student to access the general education curriculum but do not change what is being measured by the
NOTE: IEP teams and Section 504 Plan teams are advised that there may be accommodations
required for the teaching and learning for students with disabilities that do not apply to state
assessments and are not listed within this document. The use of accommodations for instructional
purposes is in no way restricted to only the ones indicated in this document. IEP teams and Section
504 Plan teams are encouraged to provide all accommodations necessary to the individual student
for instruction through the IEP meeting and Section 504 Planning processes.

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assessment. The accommodations should remove "barriers" irrelevant to the content actually being
assessed.
Use of Accommodations
Testing accommodations are intended to minimize, to the extent possible, the unintended impact of a
student's disability on the measure of each content area performance on the state assessment. Other
additional accommodations are allowed which will minimize stress and increase comfort and confidence.
What is an accommodation?
Accommodations are practices and procedures that fall into four major areas:
1. Timing/Scheduling
2. Setting
3. Presentation
4. Response
Accommodations are intended to increase access to grade level content for students who are
potentially most impacted by conditions which interfere with them demonstrating their knowledge.
Accommodations provided to a student during state assessments should be similar to those provided
during classroom instruction and classroom assessments. However, some instructional
accommodations are not appropriate for use on state assessments. It's important for educators to
become familiar with state recommendations regarding the appropriate use of accommodations
during assessments to ensure they are administered appropriately.
Accommodations for students with disabilities are intended to help students demonstrate their
knowledge of test content without altering the test construct, what the test is truly intended to
measure.
Accommodations for students with disabilities involve changes to testing materials, testing
procedures, and/or the testing situation to allow the student to participate meaningfully in an
assessment.
Accommodations for students with disabilities provide results that are comparable to standard (i.e.,
non-accommodated) assessments.
What do good accommodations do?
Accommodations:
Reduce construct-irrelevant variance [e.g., large print (LP) helps the visually impaired student by
removing the accessibility obstacle of print which is too small]
Do not alter the construct measured (e.g., print size does not change the tested material)
Produce outcomes with differential effects (e g., large print text helps the visually impaired but is
neutral for normally-sighted test-takers)
What should be considered when identifying accommodations?
Accommodations should be selected with care on an
individual student basis,
considering student's
mode of communication, level of instruction, learning style, etc.
More accommodations are not necessarily better. Providing students with accommodations that are
not truly needed may have a negative impact on performance.
Some accommodations may be acceptable for one content area, but threaten the validity of one or
more other content area assessments, particularly for reading.

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Effective decisions about accommodations begin with making sound instructional decisions. These
decisions are facilitated by gathering and reviewing information about the student's specific needs
and current levels of performance in relation to state academic standards. It is important to keep in
mind that the purpose of accommodations during instruction and assessment is to provide equitable
access to the general education curriculum.

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KAMM Eligibility Criteria
Required components:
1. The student has a current IEP.
2. Student is not eligible for the alternate assessment in the content area being considered.
(Eligibility must be determined for each content area separately.)
3. The decision to determine a student’s
eligibility to participate in the KAMM may NOT RESULT
PRIMARILY from: excessive or extended absence, any specific categorical label nor social, cultural,
or economic differences.
Criteria
All
criteria must be met to identify a
student as eligible for participation in the
KAMM.
Examples
Supporting evidence for meeting these criteria (Data)
Intensive Individualized Instruction
Does the student need
significant
changes in the complexity
and scope of the general standards to show progress in the curriculum?
Requires intensive specially designed
instruction
AND
Planning/implementing of differentiated instruction to meet the individual
needs of the student. For example: modifications, materials used, visual
supports
Requires intensive individualized
supports
AND
Learning supported by adult assistance, providing frequent and structured
prompting and cueing, or may use assistive technology
Requires extensive instruction
AND
Extended learning time including increased frequency and duration of
instruction and practice
Classroom Assessment
Does the student need supports to significantly reduce the complexity or breadth of assessment items?
Requires differentiated content for
classroom assessment
AND
Student receives modified classroom assessments on a routine basis
Needs to show what they know
differently
AND
Assistive technology, oral presentation instead of a written response,
performance assessment
Accommodations alone do not allow
the student to fully demonstrate
knowledge
AND
Documented accommodations have been insufficient
Student Performance
Is the student
multiple
years behind grade level expectations?
Consistently requires instruction in
pre-requisite skills to the grade level
indicators being assessed
AND
Evidence shows the student’s instructional level in the scope and sequence of
the content standards is at a pre-requisite level
Despite the provision of research
based interventions, the student is not
progressing at the rate expected for
grade level
AND
Evidence shows the use of research based interventions and data for
monitoring progress
Student classroom achievement and
performance is significantly below
grade level peers
The preponderance of the above evidence and data indicates that the
student is performing significantly below their peer group. (It was discussed
that this could be approx. 2 standards deviations below the mean).

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Eligibility Criteria for
Students with Significant Intellectual Disibility
To participate in the
Kansas Alternate Assessment
The student has an active Individual Education Plan and the present levels of educational
performance data indicates that with regard to progress in the general curriculum area under
consideration, the student is significantly delayed.
AND
The student’s learning objectives and expected outcomes in the academic area under consideration
requires substantial adjustment to the general curriculum of that area. The student’s learning
objectives and expected outcomes in the area focus on application, as illustrated in the benchmarks,
indicators, and clarifying examples within the Extended Standards.
AND
The student primarily requires direct and extensive instruction in the academic area under
consideration to acquire, maintain, generalize, and transfer the skills done in the naturally occurring
settings of the student’s life (such as school, vocational/career, community, recreation/leisure and
home).
AND
The student is presented with unique and significant challenges in demonstrating his or her
knowledge and skills on any assessment available in the academic area under consideration.
The decision to determine a student’s eligibility to participate in the alternate assessment may NOT
RESULT PRIMARILY from:
Excessive or extended absence
Any specific categorical label
Social, cultural, or economic difference
Amount of time he/she receives special education services
Achievement significantly lower than his or her same age peers

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Is
the student’s instruction and IEP goals and
objectives based primarily on the Extended
Standards, benchmarks and indicators?
Yes
No
Is the student
multiple
years behind grade level
expectations?
Yes
Yes
No
Does the student routinely receive
accommodations that allow demonstration of
knowledge & skills during instruction, classwork,
and/or classroom assessments?
Does the student need
significant
changes in the
complexity and scope of the general standards to
show progress in the curriculum?
No
Yes
No
Does the student need supports to significantly
reduce the complexity or breadth of assessment
items?
Yes
No
Alternate Assessment
The IEP team should review
the detailed
eligibility
criteria for Alternate
Assessment
to finalize the
decision before
KAMM
The IEP team should
review the detailed
eligibility criteria for
KAMM
to finalize the
decision before
documenting on the IEP.
General Assessment
The IEP team should
document the content
areas for which the
student will take the
General Assessment.
General Assessment
With Accommodations
The IEP team should
document the appropriate
accommodations for each
content area on the IEP.

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Student Improvement Teams (SIT):
The SIT team is made up of all special education staff. This meeting provides a time when teachers are
able to discuss student needs, collaborate on assessments and calendar monthly IEP meetings.
SIT Notebook
Have sections for agendas, minutes, log, calendar
May have sections for accommodations, teacher/specialist schedules
Keep in a central, accessible location
Agenda
Choose an “agenda maker” (can rotate responsibility)
May choose from a variety of formats
Have sections for attendance, initial referrals (parent and SIT), upcoming IEP’s -(d30ays),
reevaluations, teacher/parent concerns, behavior concerns (suspensions, behavior interventions, and
manifestation determinations)
Minutes
Choose “keeper of the minutes” (can rotate responsibilities)
Can be handwritten or computerized
Are information for, continuity (tracking cases), record keeping, compliance, and communication.
SIT Log
Choose “keeper of the log”
Update at meeting (may use hard copy and computerize later)
SIT Calendar
Begin at start of school year (check out the district internet calendar!)
List all IEP meetings (student, case carrier, place, type of meeting)
List SIT and staff meetings
Include psych/specialists’ scheduled days
Update regularly (at SIT meetings, when meetings are scheduled by case manager)
Referrals
Student Intervention Team (SIT) Referrals
Parent Referrals
Multidisciplinary Assessment
Assessment of initial referrals
Assessment for reevaluations of placement
Assessment for manifestation determinations
Team may include psychologist, administrator, nurse Adapted PE teacher, Speech Therapist,
Resource Specialist, Special Day Class teacher, counselor, parent, student other support staff.
Student Observation
Discussion of Current Special Education Students
Plan for triennial assessments (modified v. full assessment)

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Discuss and problem-solve-teacher/administrator/parent concerns
Discuss possible changes of placement
Discuss and problem-solve behavior issues (including tracking suspensions, planning behavior
interventions)
Communication between service providers
Compliance
The Roles of SIT:
The SIT has several roles at a school site. One role is that of reviewing records from the Student
Intervention Team. The second role is that of the Multidisciplinary Assessment Team. The third role is to
review the progress of currently placed students.
Reviewing Records from the Student Intervention Team
The SIT chairperson reviews the files and/or records of children referred for testing by the Student
Intervention Team. The SIT may determine that more or different interventions need to be tried before
testing. The case would then be sent back to the Student Intervention Team.
Forming a Multidisciplinary Assessment Team
The SIT becomes a Multidisciplinary Assessment Team when it determines that assessment is needed.
This team
determines types of assessments, formal and information, to be given to that student. A “case
manager/carrier/tracking teacher” is assigned to handle meetings, paperwork, etc. The SIT (now the
Multidisciplinary Assessment Team) decides who will give assessments, and who will manage the case.
The Multidisciplinary Assessment Team may include (but is not limited to) the following individuals:
Psychologist
Administrator
General Education Teacher
Adapted PE Teacher
Speech Pathologist
Special Education Teachers
Related Service Providers
Counselor
Parent
Student
Role
Review Progress of Currently Placed Students
In addition, the SIT addresses triennial assessments, change of handicapping conditions, and change of
placement, behavior issues and a review of progress for students already in special education programs.
Documenting Progress, Discrepancy & Need
Citation
Kansas Rules of Special Education 41.306(3);
Special Education Eligibility Standards, Kansas Department of Education, July 2011
Progress,
Discrepancy
and Need
Evaluation
The full and individual initial evaluation documents the examination of an
individual' s performance over time (progress), performance as compared to grade
level expectations or developmental norms (discrepancy) at the point in time the
evaluation is conducted, and needs in the context of the individual's unique
circumstances. The evaluation also attempts to identify those circumstances

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under which the individual experiences the most growth or success.
Progress
Discussion
The full and individual initial evaluation uses a child's response-to-intervention or
instruction data to support the conclusion that a disability is present. Specifically,
the individual's rate of progress is compared to the expected rate of progress for
typically developing peers. Progress data provides objective evidence that an
individual's performance over time and during targeted instruction/intervention is
substantially different than the rate of progress for typical peers.
Analysis of the rate of progress data includes a comparison of the:
individual' s rate or slope of improvement during intervention;
amount of resources necessary to ensure a positive slope (growth, progress)
that differ from those provided within the general education context; and
targeted intervention rate of progress data, along with other convergent data
regarding the individual's rate of progress.
There may be times when targeted interventions conducted prior to consent,
have generated sufficient data to answer the progress questions. If so, further
documentation of the progress components may not be necessary. For purposes
of the initial evaluation, the team may simply be documenting progress
monitoring data which answers the progress components and summarizes the
analysis of progress data for decision making.
Progress
Determination
for Health,
Sensory and/or
Physical
Impairments
In rare and unusual cases, educational teams may not have intervention data and
it may not be needed in order for the team to determine that the child has a
disability. These include, and are not limited to:
a significant status change due to a health or medical condition, injury, etc.
an obvious and immediate need for service that is only available through
special education; or
the child is affected by a health or physical condition or a functional limitation
that has a high probability of adversely affecting educational performance
(e.g., a progressive condition, a condition strongly associated with adverse
effects on developmental progress or educational performance).
In such cases the evaluation team should document by progress monitoring the
reasons it believes the health, sensory or physical limitation will have an impact
on the progress of the student’s deucational progress .
Components of
Progress
Components of progress which must be provided as evidence for this indicator
include:
a clearly defined area of concern which includes a measure or performance
indicator, baseline data and frequent and repeated data collection over time
a clearly articulated and targeted intervention which meets scientifically
research or evidence based practices and ensures that the individual's rate of
progress is not directly related to a lack of appropriate instruction,
absenteeism or mobility issues
a description of the data collected and the decisions made based on that data
(conclusions). This description must include a summary of the individual's rate

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of progress when compared with expected performance. It must also include
a convergence of data that substantiates defensible conclusions about
progress and response to instruction/intervention.
Additionally, whenever intervention results are used in eligibility determinations,
the intervention must meet the requirements of systematic problem solving
[41.3131] See Systematic Problem Solving, above.
If the components of progress are available at the time of the consent for
evaluation, then no additional progress data is required. If the components of
progress are not available at the time of consent, then a targeted intervention will
need to be developed and implemented concurrently with the evaluation and
which meets all of the above data requirements.
If sufficient data are not available for the team to conclude that the individual's
rate of progress is substantially different than the rate of progress of typical
peers, then the team must determine the child to be "not eligible" for special
education and related services.
Progress
Decision
Making
In addressing progress for the full and individual initial evaluation, teams consider
and document objective evidence to answer the following questions.
What is the child's rate of skill acquisition?
What is the expected rate of skill acquisition (standard and/or peers)?
Based on the previous two questions what can the team predict about the
amount of time it will take for the child to reach the standards and "catch up”
with his/her peers?
Under what conditions did the child experience the most growth? For
example:
o What curriculum level was used to ensure a positive acquisition rate?
o What frequency or immediacy of reinforcement was needed to provide for
a positive acquisition rate?
o What group size? Time? Frequency? Intensity of instruction was needed to
ensure progress?
o What does the sustained progress data gathered over 6 to 9 weeks suggest
about the student's rate of acquisition?
Progress
Documentation
The information gathered to document the intervention and progress
components and the team's decision-making documentation in the SIT Form
.
Discrepancy
Discussion
In addition to evaluating progress, the disability determination focuses on the
magnitude of discrepancy. The discrepancy decision is based on the selection of
appropriate standards of comparison and the individual's performance compared
to that standard.
Once a standard of comparison is selected and the individual's performance is
measured and compared to this standard, a decision must be made as to the
magnitude of the discrepancy and if the discrepancy is large enough to warrant
special education and related services. The discrepancy needs to be made on
reliable, valid, current and relevant measures.
Discrepancy data provides objective evidence that an individual's performance is

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significantly different than the majority of children or youth of similar age or
grade
and discrepant from standards or the essential skills and concepts of Core
Curriculum.
There may be times when sufficient existing data are available to respond to the
discrepancy components. For purposes of this initial evaluation, the team may
simply be documenting in the
SIT Request Form,
that data which answers the
discrepancy components and questions. If the components of discrepancy are
not available at the time of consent, then the team will need to assess the
student's present levels of performance on standards for comparison. Data
gathered from these assessments will be described in the
SIT Request Form.
Components of
Discrepancy
Components of discrepancy which must be provided as evidence for this indicator
include:
a clearly articulated standard of comparison,
a description of the child's current level of performance, and
a description of the discrepancy and the significance of this discrepancy
An appropriate expectation would likely be based on a minimal level of student
performance relative to the comparison group. A standard of comparison is
selected and used to evaluate the individual's performance. The standard chosen
must be relevant to the targeted area of concern. Teams are encouraged to
consider first, if the individual is discrepant from:
Kansas Curriculum Standards
Kansas Early Learning Standards
Discrepancy in
Decision
Making
In addressing discrepancy for the full and individual initial evaluation, teams
consider and document objective evidence to answer the following questions.
What are the multiple sources of data that demonstrate the individual’s
performance is significantly discrepant from that of peers expected
standards?
How does the individual’s current level of performance compare to that of
typical peers or expected standards?
What is the magnitude of the discrepancy?
What are the functional implications of the discrepancy? (Meaningful in a
practical sense and reliable in a statistical sense.)
Note: Eligibility determination is made using the convergence of data from
multiple sources.
Magnitude of
Discrepancy
Although there are no specific "cutoff ' scores that eligibility determination teams
must utilize for decision making, there are guidelines based on data that teams
need to follow when determining magnitude of discrepancy.
When considering benchmarks and standards (Core Content, Early Learning,
Core Curriculum's essential skills and concepts) as the standard of
comparison, the student's performance should be below grade level.
In some cases, discrepancy can be measured in terms of years behind in the
curriculum. This needs to be a decision that is made relevant to the targeted

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area of concern. For example, one would not want to wait until an individual
was two years behind before providing instruction in specific reading skills.
When a measure is utilized that provides the opportunity to identify a
percentile rank, a score near or below the 12th percentile may be considered.
For specific areas such as speech/language therapy, occupational therapy,
physical therapy, vision and hearing, the teams will need to refer to
discrepancy guidelines set for those disciplines/domains.
Teams should note that discrepancy decision making occurs following targeted
intervention to remediate the area of concern, not the point at which the area of
concern is first noted.
Discrepancy
Documentation
The information gathered to document the discrepancy component must include
answers regarding the following questions.
What is the student's current level of performance?
What is the expectation in this area (standard and/or peers)?
What is the magnitude of discrepancy?
Does a significant discrepancy exist?
Answers to these questions should be summarized
under “educational
discrepancy” in the
SIT Referral Form
for each area of concern and all
performance domains listed on the
Consent for Notice of Full and Individual Initial
Evaluation.
Although the discrepancy decision is based on a child's performance
at a given time, teams are encouraged to look at multiple sources of data such as
the child's performance on the less preferred standards or additional assessments
(e.g., interviews with teachers, classroom products, district wide assessments)
which provides convergent data for the discrepancy decision making.
Need
Discussion
Instructional need is the third required component of eligibility determination,
and is reflected in the team's judgment that an individual requires special
education and related services in order to receive a free and appropriate
education. Specifically, teams assess through multiple methods (review,
interview, observe, test), the needs of the individual in each of four areas:
Instruction
Curriculum
Environment
Learning Supports
Teams must consider the individual's learning characteristics, ecological variables,
and any other relevant information collected as part of the evaluation to
determine what accommodations, modifications, services and supports the
individual needs in each of the above areas. To meet the need component of
eligibility, however, identification of only one area is required.
Need
Components
Based on the convergence of all data collected as part of the evaluation process,
instructional need is a data-based description of the resources necessary to
improve and maintain the student's rate of learning at an acceptable level and
requires teams to operationally define the conditions under which learning is
enabled or enhanced. The discussion of need summarize the unique constellation
of services and supports that an individual requires that go beyond the capability

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of general education to provide without special education resources.
The educational services, activities, supports, accommodations and modifications
required by the individual to be successful and which cannot be sustained without
special education services must be determined through careful analysis of all
evaluation data - represented in the following graphic:
The team's conclusion regarding the individual' s needs for specialized services or
resources should be described a special education report and if the student is
determined eligible for special education should guide the Individualized
Education Program.
Need Decision
Making
Need is the IEP team' s judgment that an individual requires special education and
related services in order to receive a free and appropriate education. In
addressing need, teams consider the following questions:
1. What are the individual's needs in the areas of instruction, curriculum, and
environment? For example:
In instruction, does the individual require instruction from someone with
specialized preparation or training? Does the individual require instruction
that includes frequent repetitions of key concepts?
In curriculum, does the individual require alternative textbooks (digital
media, alternative accessible media) or instructional materials? Does the
individual require curriculum at a different or extended grade level?
With respect to the environment, does the individual need a distraction
free environment or a ratio with fewer students to teacher? Does the child
need visual supports?
In the area of learning supports does the child need an individualized
reinforcement system, assistive technology, additional passing time, etc?
2. What are the instructional strategies, accommodations, and modifications
that will enable the individual's learning performance to improve?
3. What accommodations and modifications were provided which enhanced
the individual's performance and allowed opportunity to acquire
educationally relevant skills?
4. What, if any, ecological variables are related to the individual's needs and
potentially contribute to the interventions, accommodations or
modifications not enhancing the individual's performance?
5. What is the pervasiveness of the area of concern across settings and time?
6. What ongoing, substantial, additional services are needed that exceed the
capacity of general education resources alone?
Review all
relevant data
Interview
Observations
Tests/Tasks
Statement of
Individual’s
Instructional
Needs
Review all
relevant data
Interview
Observations
Tests/Tasks

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Need
Documentation
The information gathered to document the need areas and to determine the
answers to need decision is summarized in the special education evaluation
report. If the individual's instructional needs require services and supports that
extend beyond what typical general education resources alone can provide then
the individual has met the criteria for instructional need, which is indicated on the
form.
Summarizing
the Evaluation
Information in
the Education
Evaluation
Report
The
Special Education Evaluation Report
is where teams summarize the
information gathered through the full and individual initial evaluation. It provides
the evidence (objective data and supportive information) that the individual is
eligible and in need of special education and related services or is not eligible. The
report's information will address the following questions:
1. Does the individual have a disability? (A disability is a significant skills
deficit, a health or physical condition, a functional limitation, or a pattern
of behavior that adversely affects the individual's rate of progress and
current level of performance.)
2. Are special education resources required to meet the individual's
educational needs?
Note: When the answer to both 1 and 2 is "yes” then the individual is eligible for
special education and related services.
Notes:

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Student Intervention Team Referrals:
According to NCLB and IDEA Reauthorization, there must be documented
“scientifically based”
interventions provided to the student prior to moving forward with special education
assessment. “A
pupil shall be referred for special educational instruction and services only after the resources of the
regular education program have been considered and, where appropriate, utilized.
Please be sure that the intervention documentation is part of the SIT packet.
If the interventions are incomplete, the SIT packet will be returned to the SIT team.
There is not a predetermined number of students who can be taken through the SIT process.
There is not a “cuIt
T reoferrfalfs
wdhicath are
e
acadfoemr
ic atnd
hree
quSire SIT monitoring.
Students will be calendared in as usual throughout the year. This calendar needs to be monitored
carefully.
Notes:

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Students Not Eligible for Special Education Programs
Transition to Least Restrictive Environment:
If, at the three year review, the student does not qualify for special education under the state
guidelines, the team may write a transition IEP.
The school psychologist must be part of the IEP meeting.
While the student is transitioning, the school psychologist will indicate the Primary Disability as
though the student continues to qualify for special education.
In the comments and summary, a ststatudenemt
does
ennot
t qumaluify,
st
under
be made that “The
state guidelines, for special education services but the IEP team has decided to transition the student
for the next 6 months. At that time, another IEP meeting will be held to discuss the progress.
An exit IEP must be held at the time of the exit. The IEP team cannot project an exit date on the IEP.
Notes:

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Suspension/Expulsion:
An identified procedure must be followed when addressing the issue of suspension as it relates to a
special education student.
Specific methods must be employed when implementing discipline procedures for special education
students. The intent of these procedures is to ensure that individuals with exceptional needs and their
parents have access to required procedural safeguards.
Suspension Limited for Five Days
Discipline, which is not intended to change the placement or substantially interfere with the
implementation of a pupil’s
educIEPation st, uis
dents.
permissible for special
Permissible forms of discipline include detention, teacher suspension and principal suspension up to five
consecutive school days.
Suspension Limited to Ten Days
A special education pupil’s suspcoensnecusion
tive schoomay
l days in
be extended for up to ten
situations where a pupil poses an immediate threat to the safety to self and others.
Exclusion by Injunctive Relief
A special education pupil may be excluded beyond ten days only when a pupil poses an immediate threat
to the safety of self or others and;
1. Parent(s) agree to a change of placement, or
2. The District seeks injunctive relief by court order.
In the event injunctive relief is granted, it is the court which decides the length and other terms of the
exclusion, which could include an interim placement.
Expulsion
Expulsion remains an option for a special education pupil when an IEP team has determined that:
1. The misconduct was not caused by or a direct manifestation of the identified handicap
2. The misconduct was not the result of an inappropriate program;
3. The misconduct warrants expulsion.
However, pending expulsion and placement, IEP team must meet and determine the provision of service.
Manifestation Determination
When a student is suspended for up to 10 days, by the 10th day a manifestation determination must be
completed.
The team answers the following questions:
1.
Did the student’s disability impanaid
thr
e imptacht
e
and
ability of the student to underst
consequences of the behavior subject to disciplinary action?
2.
Did the student’s disability impaibehr
aviotr
hsue
bjeabct to
ility of the student to control the
disciplinary action?
3.
Was this student’s IEP/placemeof
the allneget d
apmiscopndrouct? priate at the time
4.
Were supplementary aids and servicthe
time
es
of hiis/n
her
the student’s IEP provided at
misconduct?
5. Were behavioral interventions provided to the student consistent with his/her IEP and
placement?
Notes:

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Transportation:
All requests for special education transportation must be submitted to the Assistant Director of Special
Education and must be documented in each student’s IEP.
Concerns:
In order to facilitate needed change for specific transportation issues, all concerned special education
teachers should maintain a daily log of delivery and pick-up times for a minimum of two weeks. Your
tallies need to be returned to you coordinator in Special Services.
Notes:

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Appendix 1
Educational Flow Charts
EDUCATIONAL FLOW CHART
Parent Involvement
General Education
General Education Interventions
Referral to SIT
Referral for Evaluation
Parent Rights
Evaluation for Possible Exceptionality
Eligibility Meeting
Eligible & Need for Services
Not Eligible, No
Services
Section 504
Eligible
IEP Team Meeting
Special Education and
Related Services
Placement
IEP Goals
Reevaluation
Private Schools
Continuing
Services
Annual IEP/Review
Revise IEP
Discontinuing
Services

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INITIAL EVALUATION PROCESS

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GIFTED INDENTIFICATION FLOW CHART
Student with at least two achievement scores at the 95th% may be referred to GEI or SIT team.
Parents and teachers may also refer a student to GEI or SIT team for evaluation
Student referred to GEI or SIT
Interventions are implemented by general education teacher or gifted teacher to determine if
student needs can or cannot be met in general education. These interventions should be
implemented for more than two (2) weeks and data should be collected to document
effectiveness of interventions.
If students needs can be
met in the general
education classroom with
accommodations, process
stops.
If student’s needs cannot be
met with accommodations in
the general education
classroom, student is
referred for an evaluation.
Complete comprehensive evaluation that must include
multiple information sources such as; student work
samples or projects, teacher, parent and/or student
check lists, behavior profile analysis and tack
commitment checklist. If evaluation team determines
that there is a preponderance of data, student would
qualify for gifted placement. Next the team must
determine if there is a need for placement. If student
qualifies and has a need for placement, student is
placed in gifted program.

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Appendix 2
Special Education Mediation Process
Public awareness and training are provided. If family or school wants information, contact
Kansas State Department of Education (KSDE), Families Together, Kansas Association of
School Boards, or Kansas Advocacy and Protective Services.
Family and school agree to mediation.
Family and/or school contact KSDE to request mediator.
Mediation Consultant randomly appoints Mediator.
Mediator sets up meeting.
Mediation is successful,
agreement is written
Mediator sends
agreement to both
parties, IEP Team, and
Mediation Consultant
IEP Team revises IEP to
implement agreement, if
appropriate
Mediation at an impasse,
Mediator identifies other
options.
Due
Process
Other
Methods
Formal
Complaint
Mediator notifies
Mediation Consultant of
impasse

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Reference Number
Date of Request
REQUEST FOR MEDIATION
Parent(s) Name:
Address City/State/Zip:
Phone Number(s):
USD/Coop/Interlocal
No. & Name:
Address/City/State/Zip:
Contact Name:
Phone Number(s):
Student for whom mediation is requested:
Name:
Disability
Birthdate:
Has a due process hearing been requested?
yes
no
Has a hearing been scheduled?
yes
no
If yes, please state the date:
Please indicate preferred dates and times you are available for a mediation session. Unless there is an
emergency situation requiring immediate resolution, please allow approximately two weeks time for the
selection of a mediator and for the mediator to setup a mediation session.
Preferred Dates:
Please FAX & mail to:
Mediation Consultant
Special Education Services
KS State Dept. of Education
120 SE Tenth Avenue
Topeka, KS 66612-1182
Phone: (800) 203-9462 or (785) 296-5478
FAX: (785) 296-6715

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_
Reference Number
AGREEMENT TO MEDIATE
We, the undersigned, have been fully informed of the mediation process and agree to abide by the
procedures and guidelines governing the process, and that:
1.
The mediator is a specially trained impartial third party whose role is to assist us in making mutually
determined decisions regarding the appropriate special education services or placement for:
(Name of Student)
2. The mediator is not serving as a legal representative, counselor, or advocate and will not make decisions
regarding the special education services or placement to be provided to the student.
3. The mediator cannot be called upon as a witness or consultant in any other administrative, judicial, or
educational process. Mediation discussions are confidential. Any recording (electronic or otherwise) of a
mediation session is not permitted. The only written record will be the agreement that we jointly
develop and agree upon in the mediation process; and
4. Participation in a mediation session is voluntary, and mediation may not be used to delay or waive the
parties' right to proceed with a due process hearing.
5. Kansas Law, at K.S.A. 72-996, requires that any agreement reached by the parties to this mediation must
be in writing and signed by the parent and an authorized representative of the school district. The law
also requires that, at a minimum, every mediation agreement must include the following statements:
1) the resolution of each issue presented in the complaint;
2) all discussions that occurred during the mediation process are confidential and may not be used as
evidence in any subsequent due process hearing or civil proceeding; and
3) each party understands that the agreement is legally binding upon them; and
4) the agreement may be enforced in state or federal court.
6. If this mediation includes complaint issues currently under investigation by the Kansas State Department
of Education, we agree that the timelines for completion of that investigation shall be extended to
provide us with an opportunity to complete the mediation process.
Parent:
Signature
Date:
Type or Print Name
Education Agency
Representative:
Signature
Date:
Type or Print Name
Please FAX and mail to:
Mediation Consultant, Special Education Services
KS State Dept. of Education
120 SE Tenth Avenue; Topeka, KS 66612-1182
Phone: (800) 203-9462 or (785) 296-5478
FAX: (785) 296-6715

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_
Reference Number
CONFIDENTIALITY PLEDGE
We understand that discussions held in mediation are to be kept confidential. Nothing that is said may be used
as evidence in any later due process hearing or other legal action. Specifically, we agree to the following:
We are not allowed to tell anyone about discussions during the mediation process. This includes statements
made, settlement proposals made or rejected, and the reasons an agreement was not reached, if that
happens. We may not discuss information regarding mediation discussions with a judge, administrative
hearing officer, complaint investigator or arbitrator
.
However, the parties may discuss information, on a need
to know basis, with appropriate staff and professional advisors. Also, a parent may disclose mediation
discussions to his/her spouse.
We agree that we will not at any time, before, during, or after mediation, call the mediator or anyone
associated with the mediator as a witness. This includes any judicial, administrative, or arbitration proceeding
concerning this dispute.
We agree not to subpoena or demand the production of any recordings, records, notes, work product, or
other written information of the mediator in any judicial, administrative, or arbitration proceeding concerning
this dispute.
If at a later date, either party decides to subpoena the mediator, or the mediator's records, the mediator will
contest the subpoena. The party making the demand agrees to reimburse the mediator for all expenses
related to contesting the subpoena. This includes attorney fees, plus the mediator's hourly rate during the
mediation process.
The exception to the above is that this agreement to mediate and any written agreement made and signed by
the parties as a result of mediation may be used in any relevant proceeding, unless the parties agree in writing
not to do so.
Adapted from: Senate Report 105-17, Committee on Labor and Human Resources, S.717, Individuals with
Disabilities Education Act Amendment of 1997.
Family member:
Signature
Date:
Type or Print Name
Family member:
Signature
Date:
Type or Print Name
Education Agency
Representative:
Signature
Date:
Type or Print Name
NOTE:
Mediation cannot and will not begin until the Mediation Consultant or mediator has received the
signed Confidentiality Pledge.
Please FAX & mail to:
Mediation Consultant
Special Education Services
KS State Dept. of Education
120 SE Tenth Avenue
Topeka, KS 66612-1182
Phone: (800) 203-9462 or (785) 296-5478
FAX: (785) 296-6715

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Rules of Mediation
The following is a summary of pertinent rules of mediation.
1.
The mediator is an impartial third party.
2.
The mediator has no authority to compel any
action by either party.
3.
Mediation participants for both parties must
include persons who have the authority to act
on behalf of the student and local district or
agency.
4.
Mediation requires the full participation and
commitment of both parties and can only begin
or continue when parties agree.
5.
The mediation conference is not recorded by
any means. The only record that is kept of the
mediation conference is the mediation
agreement (either hand written or generated
by a laptop computer) which includes a listing
of participants and the date(s) and location(s)
of the mediation session(s) and a summary of
the outcome. A record of the mediation
discussions will not be maintained,
and no
recording (electronic or otherwise) is
permitted.
6.
Efforts to mediate will not be admissible as
evidence at a due process hearing except for
the purpose of noting that the mediation
occurred and the terms of any agreement(s)
that were reached as a result of the mediation.
7.
The mediator shall terminate the mediation
at any point that, in the opinion of the
mediator or either party to the mediation, no
resolution of the disagreement(s) is
forthcoming.
8
. The number of participants for each party
shall generally be limited to two or three
persons.
9.
A reasonable time should be set from the
time of initiation to completion of mediation
(generally within ten calendar days). If needed,
the timeline could be extended by mutual
agreement of all parties.
10.
The mediator will chair all mediation
conferences and assure that they are convened
in a timely fashion, according to an orderly
process, and with due regard to the rights and
responsibilities of all parties to the mediation.
11.
The content of the mediation conference is
confidential and shall not be shared with
outside parties.
12.
The mediation will be present and future
oriented; past problems will not be the focus of
the mediation conference.
13.
The mediation will be conducted with
respect (e.g., name calling or interrupting will
not occur).
14.
A copy of the final agreement will become a
part of the student’s school records.
15.
Both parties will show good faith and
commitment to implementing the final
agreement.

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Appendix 3
Formal Complaint Procedure

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Formal Complaint Timeline:

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KANSAS STATE DEPARTMENT OF EDUCATION
Special Education Services
Formal Complaint Request Form
Any parent of a child with an exceptionality, another individual, or agency or organization that believes
a school district is not following state or federal laws or regulations related to the Individuals with
Disabilities Education Act may file a formal complaint with the state department of education. A copy
of the complaint must also be sent to the school district. The complaint must allege a violation of
special education laws and regulations that occurred not more than one year before the date the
complaint is filed. The complaint must be in writing, signed, and sent to Special Education Services.
Any document submitted by either the school district or parents will be available to the other party,
upon request. Your request for a formal complaint investigation must include the following
information:
1. The name, address, and telephone number of the person filing the formal complaint.
Name___________________________________________________________________
Address_________________________________________________________________
City/State/Zip____________________________________________________________
Telephone_______________________________________________________________
2. The name, address, and telephone number of the educational agency against whom the formal
complaint is made.
Name of School__________________________________________ USD No.________
School Address___________________________________________________________
City/State/Zip____________________________________________________________
Telephone_______________________________________________________________
3. The name, category of disability and home address of the child involved.
Name of Child_______________________________ Disability ____________________
Home Address____________________________________________________________
City/State/Zip____________________________________________________________
4. State each of your concerns. You must include the facts that provide the basis of each concern.
Such facts must include when the concern arose and who, or what circumstances, caused the
concern. Also state what you believe the school district should do to resolve each of your
concerns. (Attach additional pages if needed.)
What is Concern #1?:
What are the facts?:

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What do you believe should be done to resolve this concern?
If you have additional concerns, please state: (a) each concern; (b) the facts that support each concern
and (c) what you believe should be done to resolve the concern.
Signature
Date
NOTE: Federal regulations provide that the school district has the discretion of offering a proposal to
resolve the concerns presented in a complaint or offering to participate in voluntary mediation with
the complainant. If the parties agree to (a) mediate any of the concerns presented and (b) to extend
the 60 day time line for completion of a complaint investigation, a mediator will be provided by the
Kansas State Department of Education, at no expense to the parties.
Upon receipt of a written, signed complaint, the Formal Complaint Investigator will conduct an
investigation and provide a written report of findings to the person or agency making the complaint
and to the school district. If a violation is confirmed, the report will contain corrective actions and
timelines to be followed by the school. The formal complaint report is final, unless one of the parties
appeals the report. Either party may appeal the report by filing a written notice of appeal with the
Kansas Commissioner of Education.
The formal complaint must be signed and mailed or personally delivered to:
Formal Complaint Investigator
Special Education Services
Kansas State Department of Education
120 SE Tenth Avenue
Topeka, KS 66612-1182

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Appendix 4
Due Process:
Due Process Time-Line SEC. 615
(Pre-hearing procedures)
LEA
Parent
Hearing Officer
Due process
complaint notice
delivered to the other party and to the SEA which includes
sufficient
information (b)(7)(A)
10 days response and notice,
unless prior written notice
regarding the issues has
already been given to
parents (c)(2)(B)
10 days to
respond
and
specifically address the issues
(c)(2)(B)(ii)
15 days to convene a
resolution session
unless
waived by both parties
(f)(1)(B)(i)(1)
15 days to send
Notice of Insufficiency
of notice of complaint (c)(2)(C)
5 days from receipt of Notice
of Insufficiency
determine
sufficiency
of complaint
notice and notify parties in
writing (c)(2)(D)
5 business days prior to hearing (not less than), each party must disclose to the other party all
evaluations and recommendations
based on the evaluations that they intend to use at the
hearing (f)(2)
Amendment
of complaint notice may be made any time prior
to hearing if the other party consents in writing and has an
opportunity for a resolution session or if the hearing officer
grants permission for the amendment
if complaint notice is
amended, all timelines recommence (C)(2)(E)
May grant request for
amendment
not later than 5
days prior to hearing
(c)(2)(E)(i)(9)(11)
Two year limit exceptions
30 days from receipt of
Notice of Complaint, if LEA
has not resolved issues, the
hearing may begin
and
applicable timelines for
hearing shall commence
(f)(1)(B)(ii)

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USD #261 NOTICE TO PARENTS OF
SPECIAL EDUCATION DUE PROCESS HEARING
(Send a signed copy of this due process hearing notice to the student’s parents and to the
Kansas State Department of Education, Special Education Services Team,
120 S.E. 10
th
Ave. Topeka, Kansas 66612)
This notice is to inform you that USD 261 is initiating a special education due process hearing relating
to the identification, evaluation, or educational placement of your child or the provision of a free
appropriate public education to your child. Therefore, you are being provided with the following
required information (which will also be provided to the hearing officer):
1. Name, address, and telephone number of USD 261 contact person.
Name: _____________________________________________________
Address: ___________________________________________________
Telephone: _________________________________________________
2. The name of the student. _____________________ Disability ________________
3.
The name, address, and telephone number of the student’s parents.
Name of father: _____________________________________________________
Address: __________________________________________________________
(or contact information if the child is homeless)
Telephone Number: __________________________________________
Name of mother: ____________________________________________________
Address (if different): __________________________________________________
Telephone Number (if different): __________________________________________
4. A description of each problem, including the facts related to each problem, and a proposed
resolution for correcting each problem.
5. Please note that you are required by law to send, within 10 days of receiving this notice, a
response to the school district that specifically addresses the issues raised in this complaint.
Please refer to the notice of parent rights for a full description of your due process rights. If this
is the first time a due process hearing has been requested regarding your child, a copy of the
parent rights document is enclosed with this notice. If a copy of the parent rights document is
not enclosed with this notice, please be advised that it is always available from the school district
upon request or from the Kansas State Department of Education, Special Education Services web
site at, www.kansped.org.
6. Attached to this notice is a list of qualified special education due process hearing officers, along
with a statement of the qualifications of each. We have already contacted each of the hearing
officers on the list to verify that they are currently available to serve as the hearing officer for this
hearing. You have the right to disqualify any or all of the hearing officers on the list. You have
five days from the date you receive this notice to advise us of any hearing officers on the list that

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you wish to disqualify. The school may appoint from this list any hearing officer who has not
been disqualified by you. If you disqualify all of the hearing officers on the list, the school will,
within 3 business days after receiving your notice of disqualification of all of the hearing officers
on the list, notify the Kansas State Department of Education of the following: (a) your name and
address; (b) the name and address of your attorney, if known; and (c) the names of the hearing
officers who were disqualified by you. At that time, the school will request that the Kansas State
Department of Education appoint a hearing officer for this case.
7. We are also required to inform you of free or low-cost legal and other relevant services. To fulfill
this requirement, we refer you to Kansas Legal Services 1-800-723-6953 and to the Disability
Rights Center of Kansas 1-877-776-1541. Families Together (1-800-264-6343) is the Parent
Information Center and can help parents understand their rights and due process procedures.
8. Please be advised that a mediation process is also available to help resolve special education
disputes. The costs of mediation are borne by the state. Thus, there are no costs for mediation
to either the parents or the local school district. The mediator is an impartial professional who is:
(a) knowledgeable in special education law; (b) not connected with the school district; and (c)
selected for the mediation by the state department of education.
(Please add additional pages, if necessary)
PROBLEM 1:
FACTS RELATED TO PROBLEM 1:
PROPOSED RESOLUTION OF PROBLEM 1:
Date
Signature of authorized school representative

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NOTICE OF PARENT’S REQUEST FOR DUE PROCESS HEARING
(Send a signed copy of this due process hearing notice to the School Superintendent or Special Education
Director at the business office of the school and a copy to the Kansas State Department of Education, Special
Education Services Team, 120 S.E. 10
th
Ave. Topeka, Kansas 66612. If you have questions regarding special
education or due process hearing rights or requirements, you may contact the Kansas State Department of
Education at 1-800-203-9462)
I have a complaint about the identification, evaluation, or educational placement of my child or the provision of
a free appropriate public education to my child. Therefore, I submit this request for an impartial special
education due process hearing and include the following required information.
1. My name, address, and telephone number.
Name: _____________________________________________________
Address: ___________________________________________________
Telephone: _________________________________________________
2. The name, category of disability and address of my child.
Name: _______________________________ Disability _____________________
Address: ___________________________________________________
(or contact information if the child is homeless)
3.
The name, address, and telephone number of my child’s school.
Name of School: _____________________________________ USD # ________
Address: ____________________________________________________
Telephone Number: ___________________________________________
4. A description of each problem, including the facts related to each problem, and a description of what I
think needs to be done to correct each problem.
5. I have been informed that (a) I have a right to initiate a due process hearing relating to concerns I have
about the identification, evaluation, or placement of my child or the provision of a free appropriate public
education to my child; (b) I must make my request for a due process hearing within 2 years of the date I
knew or should have known of the action that forms the basis of this complaint; and (c) the 2 year time
limit may be extended if the school district prevented me from requesting the hearing through specific
misrepresentations that it had resolved the problem or if the school district withheld information that it
was required by law to give me. I also understand that a mediation process is available, at no cost, to help
resolve disputes, and that organizations providing low cost legal and other relevant services are listed in
the school’s notice of parent rights. In addition, I understand that the school must meet with me prior to
a due process hearing to attempt to resolve the problems stated in this due process notice. However, a
meeting is not required if the school and I agree, in writing, to waive such meeting or agree to use the
mediation process. I also understand that I may obtain a copy of the notice of parent rights explaining my
due process rights from the school upon request.
(Please add additional pages, if necessary)
PROBLEM 1:

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FACTS RELATED TO PROBLEM 1:
PROPOSED RESOLUTION OF PROBLEM 1:
PROBLEM 2:
FACTS RELATED TO PROBLEM 2:
PROPOSED RESOLUTION OF PROBLEM 2:
Date
Signature of Parent or Attorney

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Due Process Time-Lines:
K.A.R. 91-40-28 (d) & (e)
LEA
Parent
Hearing Officer
Due process complaint notice delivered to the other party AND to
the SEA which includes sufficient information
Five business days to furnish
parents with the following:
(a) list of qualified due process
hearing officers;
(b) written notice of
(1) parent’s right (within five
days) to disqualify any or all of
the hearing officers on the list;
(2) school may select any
hearing officers left on the list;
(3) if no hearing officers are left
on the list, the school will
request that the KSDE select a
hearing officer;
(4) availability of mediation.
Also give written notice of the
filing of a due process hearing
to the KSDE.
Five days to respond with notice
of disqualification of hearing
officer(s).
Three business days after a
parent gives notice that all
hearing officers have been
disqualified, contact KSDE and
request appointment of hearing
officer. (KSDE has three
business days to appoint a
hearing officer.)
Hearing must be held within 35
days of date of request. KSA 72-
973(c)
At request of either party, the
hearing officer may grant
specific extensions of time. KSA
72-975(c)

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USD #261 NOTICE TO PARENTS OF EXPEDITED
SPECIAL EDUCATION DUE PROCESS HEARING
(Send a signed copy of this due process hearing notice to the student’s parents and to the Kansas State
Department of Education, Special Education Services Team, 120 S.E. 10
th
Ave. Topeka, Kansas 66612)
This notice is to inform you that USD 261 is initiating an expedited special education due process hearing
relating to behavior of your child that we believe is substantially likely to result in injury to your child or to other
persons, and that we will be requesting an order approving an interim alternative educational setting for up to
45 school days. Therefore, you are being provided with the following required information:
1. Name, address, and telephone number of USD 261 contact person.
Name: _____________________________________________________
Address: ___________________________________________________
Telephone: _________________________________________________
2. Student name: _________________________ Disability ____________________
3. The name, address, and telephone number
of the student’s parents.
Name of father: _____________________________________________________
Address: __________________________________________________________
(or contact information if the child is homeless)
Telephone Number: __________________________________________
Name of mother: ____________________________________________________
Address (if different): ____________________________________________________
Telephone Number (if different): ___________________________________________
4. A description of each problem, including the facts related to each problem, and a proposed
resolution for correcting each problem.
5. Please note that you are required by law to send, within 10 days of receiving this notice, a
response to the school district that specifically addresses the issues raised in this complaint.
Please refer to the notice of parent rights for a full description of your due process rights. If this
is the first time a due process hearing has been requested regarding your child, a copy of the
parent rights document is enclosed with this notice. If this is not the first due process request, a
copy of the parent rights document is always available from the director of special education for
the school district or educational cooperative, upon request. The notice of parent rights is also
available on the Kansas State Department of Education, Special Education Services web site at
www.kansped.org.
6. The school is sending a copy of this notice to the Kansas State Department of Education, and we
are requesting that it appoint a hearing officer for this case.
7. We are also required to inform you of free or low-cost legal and other relevant services. To fulfill
this requirement, we refer you to Kansas Legal Services 1-800-723-6953 and to the Disability

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Rights Center of Kansas 1-877-776-1541. Families Together (1-800-264-6343) is the Parent
Information Center and can help parents understand their rights and due process procedures.
(Please add additional pages, if necessary)
PROBLEM 1
FACTS RELATED TO PROBLEM 1
PROPOSED RESOLUTION OF PROBLEM 1:
Date
Signature of Authorized School Representative

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NOTICE OF PARENT’S REQUEST FOR EXPEDITED DUE PROCESS HEARING
(Send a signed copy of this due process hearing notice to the School Superintendent or Special Education
Director at the business office of the school and a copy to the Kansas State Department of Education, Special
Education Services Team, 120 S.E. 10
th
Ave. Topeka, Kansas 66612. If you have questions regarding special
education or due process hearing rights or requirements, you may contact the Kansas State Department of
Education at 1-800-203-9462)
I have a complaint about the manifestation determination regarding my child and/or the disciplinary placement
of my child. Therefore, I submit this request for an expedited special education due process hearing, and
include the following required information.
1. My name, address, and telephone number.
Name: _____________________________________________________
Address: ___________________________________________________
Telephone: _________________________________________________
2. The name, category of disability, and address of my child.
Name: ________________________________ Disability _______________________
Address: _____________________________________________
(or contact information if the child is homeless)
3.
The name, address, and telephone number of my child’s school.
Name of School: ____________________________________
USD # 261
Address: ____________________________________________________
Telephone Number: ___________________________________________
4. A description of each problem, including the facts related to each problem, and a description of
what I think needs to be done to correct each problem.
5. I have been informed that I have a right to initiate an expedited due process hearing relating to a
manifestation determination and/or a disciplinary change of placement regarding my child. I also
understand that organizations providing low cost legal and other relevant services are listed in
the school’s notice of parent rights. In addition, I understand that the school must meet with me
prior to a due process hearing to attempt to resolve the problems stated in this due process
notice unless the school and I agree, in writing, to waive such meeting or agree to use the
mediation process. I also understand that I may obtain a copy of the notice of parent rights
explaining my due process rights from the school upon request.
(Please add additional pages, if necessary)
PROBLEM 1:
FACTS RELATED TO PROBLEM 1:

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PROPOSED RESOLUTION OF PROBLEM 1:
PROBLEM 2:
FACTS RELATED TO PROBLEM 2
PROPOSED RESOLUTION OF PROBLEM 2
Date
Signature of Parent or Attorney

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Appendix 5
Eligibility Indicators:
Eligibility Indicators
for
Haysville USD 261
Spring, 2011
Version 5.0 (a revision to the Fall, 2007 version)
A copy of this document may be downloaded by accessing the KSDE Special Education
Services web page: www.ksde.org
This guidance document will continue to be a working document and will be periodically
updated based on input from its use in the field.
Special Education Services
Kansas State Department of Education
An Equal Employment/Educational Opportunity Agency
The Kansas State Department of Education does not discriminate on the basis of race, color, national
origin, sex, disability, or age in its programs and activities. The following person has been designated to
handle inquiries regarding the non-discrimination policies: KSDE General Counsel, 120 SE 10th Ave.,
Topeka, KS 66612; 785-296-3201

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This document contains information about initial evaluation, including appropriate sources of data, eligibility
determination, and includes Federal and State definitions of each exceptionality area. It also provides information
regarding exclusionary factors that must be considered and examples of indicators of eligibility to assist school
personnel as they make decisions. The purpose of the document is to provide guidance to evaluation teams as they
seek to address the two-prong test of eligibility when determining if a student is eligible for special education. For
further guidance and a more complete discussion of the initial evaluation process, see Chapter 3 in the Special
Education Process Handbook. This important resource may be viewed and downloaded by accessing the following
web page: www.ksde.org
Eligibility Determination
The initial evaluation must include a variety of assessment tools and strategies to gather relevant functional,
developmental, and academic information. This includes information provided by the parent that may assist in
determining whether the child is an exceptional child, the educational needs of the child, and the content of the
childin’s
cludIEPing info, rmation related to enabling the child to be involved, and progress in the general education
curriculum or, for preschool children, to participate in appropriate activities (K.S.A. 72-986(b)(1)). The Special
Education Process Handbook outlines
two methods of evaluation, (i) “the
-child’s
response to scientific research
based intervention” and (ii) “a pattern of strengths and weaknesses”, which are outlined in federal regulations with
regard to the identification of students with specific learning disabilities. However, in Kansas, both are also
appropriate to be used to determine eligibility for any of the areas of exceptionality. Regardless of the method
chosen, evaluation teams will use existing and/or new data that comes from a variety of sources. The richest source
of this information comes from the data collected in the provision of interventions. Interventions typically occur as
a part of the General Education Intervention process, but may also be collected from interventions conducted
during the initial evaluation process.
When interpreting evaluation data from either of the two methods of evaluation for the purpose of making an
eligibility determination, the team must ensure that the child meets the definition of one of the categories of
exceptionality and, as a result of that exceptionality, needs special education and related services (KAR 91-40-
1(k)(w); 34 CFR 300.8). This is known as the two-prong test of eligibility. If a child meets the definition of an
exceptionality category but does not need special education and related services, s/he will not be determined to be
eligible. If the child has a need for special education and related services but does not meet the definition of an
exceptionality category, s/he will not be determined to be eligible. In the case of a child who is found to have a
disability, but does not need special education and related services, a referral for a Section 504 evaluation may be
considered.
1. Determining Whether the Child is a
Child with an Exceptionality
"Exceptional children" means children with disabilities and gifted children (KAR 91-40-1 (w)). "Child with a
disability" means the following: (1) a child evaluated as having intellectual disability, hearing impairments including
deafness, speech or language impairments, visual impairments including blindness, emotional disturbance,
orthopedic impairments, autism, traumatic brain injury, other health impairments, specific learning disabilities,
deaf-blindness, or multiple disabilities, and who, by reason thereof, needs special education and related services;
and (2) for children ages three through nine, a child who is experiencing developmental delays and, by reason
thereof, needs special education and related services ((KAR 91-40-1 (k); CFR 300).
When considering the first prong of the two-prong test of eligibility, the team reviews the initial evaluation and
other data to determine whether or not the child is a child with an exceptionality. To do this, team members
compare the data about the child to see if there is a match to one of the exceptionality categories defined in the
regulations. However, even when the data points to a particular area of exceptionality, there are exclusionary
factors that must be examined before determining the child is a child with an exceptionality.
Regulations are very clear with regard to the fact that a child must NOT be determined to be a child with an
exceptionality if:
(a) the determinant factor is:

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Lack of appropriate instruction in reading, including the essential components of reading instruction
(defined in section 1208(3) of the ESEA (NCLB) as phonemic awareness, phonics, vocabulary development,
reading fluency including oral reading skills, and reading comprehension strategies); or
Lack of appropriate instruction in math; or
Limited English proficiency; and
(b) the child does not otherwise meet the eligibility criteria as a child with an exceptionality (KSA 72-986(f); KAR 91-
40-10(c); 34 CFR 300.306(b)).
In addition to these exclusionary factors which apply to all categories of exceptionality, there are exclusionary
factors specific to certain disabilities that must also be ruled out. Those factors are contained in this document and
guidance is provided to assist teams in their evaluation of these factors as they determine eligibility.
If the evaluation data indicates there is a match with a particular category of exceptionality and the team has ruled
out the presence of any exclusionary factors, the team may determine that the child meets one of the
requirements of eligibility as a child with an exceptionality (Prong 1 of the test of eligibility). If there is not a match
or exclusionary factors are present, the team must determine that the child does not meet the eligibility of a child
with an exceptionality. However, being gifted or having a disability does not necessarily qualify a child for special
education services. Thus teams must also consider the component of the definition which states: “and who, by
reason thereof, needs special education and related services.”
2. Determining Whether the Child Needs Special Education and Related Services
The second prong of the test of eligibility is to determine whether or not the child needs special education and
related services as a result of the exceptionality. It is helpful for teams to remember that by definition special
education means specially designed instruction (KAR 91-40-1(kkk); 34 CFR 300.39(a)(1)), and, that specially
designed instruction means adapting the content, methodology, or delivery of instruction to address the unique
needs of a child that result from the child’s exceptionality to ensure access of the child to the general education
curriculum in order to meet the educational standards that apply to all children (KAR 91-40-1 (lll); 34 CFR
300.39(b)(3)(i-(ii)). This implies that in order to have a need for special education, the child has specific needs which
are so unique as to require specially designed instruction in order to access and progress in the general education
curriculum.
Kansas regulations at KAR 91-40-7(c)(1-2), require that prior to referral for an initial evaluation the school must
have data-based documentation of the following: (1) having provided appropriate instruction to the child in regular
education settings that was delivered
by qualified personnel (2) repeatedly assessing the child’s academic
achievement at reasonable intervals which reflect formal assessment of the child’s progress during instruction; (3)
having provided the assessment
that
retsulhe
assessts
ment
treo
sultts
hinde
icate
chan ild’s parents; and, (4)
evaluation is appropriate. Gone are the days where school teams can simply indicate the interventions tried with
anecdotal remarks to indicate the need for evaluation. The data collected prior to referral must now be
documented as indicated above and, if the child goes on for evaluation, that data becomes an integral part of the
eligibility determination of need. Whether the school is implementing a system of school-wide multi-tiered model
of intervention (MTSS) or uses an individual problem solving approach (SIT, SAT, CARE, etc.) to carry out
interventions and document the child’s progress, the school will have data regarding the child’s needs related to
the intensity of instruction and supports required for the child to be successful.
The team must review the evaluation data in such a way as to understand the extent of the child’s needs with
regard to specially designed instruction. Teams should be able to use the data to describe the intensity of the
support needed to assist the child in accessing and progressing in the general education curriculum. It is only
through this discussion that the team can determine whether or not the child’s need for having adapted content,
methodology, or delivery of instruction is so great that it cannot be provided without the support of special
education.
If the team determines that the child’s need for having adapted content, methodology, or delivery of instruction is
so great that it cannot be provided in regular education without the support of special education, the team may

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determine that the child needs special education and related services (Prong 2 of the eligibility test). If the data
suggests the child’s needs for instructiothe
n
scan
upport obe
f special
provided within regular education without
education and related services, the team must determine that the child is not in need of special education and
related services.

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Examples of Sources of Data
1. General Education Interventions or Results of Screening/General Education Curriculum Progress
Data that the child was provided appropriate instruction in general education settings, including repeated
assessments of achievement at reasonable intervals,
reflecting formal assessment of the child’s progress during
instruction. This includes records of interventions attempted, data collected during monitoring, evaluation of
interventions, and data collected through screening measures.
2. Record Review
Information provided by the parents, current classroom-based assessments, information from previous services
providers, prior screenings, previous evaluations, reports from other agencies, portfolios, discipline records,
cumulative file, health records, performance in relationship to curricular standards, and other records.
3. Interview (Parent and other caregivers, Student, Teacher)
Parents, teachers, and the child can all typically provide insight into areas of strengths and needs. Interviews can
also provide
information about significant historical events in the child’s life as well as about his performance in the
classroom and other settings. This may include instructional history, social history, medical information, and/or
developmental history.
4. Observation
Structured observations, rating scales, ecological instruments, behavioral observations, functional analysis of
behavior and instruction, anecdotal notes, and other observations (conducted by parents, teachers, related
services personnel, and others). The purpose of the observation is to help the evaluation team understand the
extent to which the child’s skills are impacting his/her ability to participate and progress in a variety of settings.
5. Tests
Standardized norm-referenced tests are helpful if the information being sought is to determine how a child
compares to a national group of children of the same age or grade. Criterion-reference tests are helpful in
determining if the child has mastered skills expected of a certain age or grade level. Tests may include individual
measures of ability or aptitude, curriculum-based assessments (e.g., CBA, CBM, or CBE), performance-based
assessments (i.e., rubric scoring), or other skill measures such as individual reading inventories. Diagnostic testing
which might include measures of reading, math, written language, other academic skills, tests of motor functioning,
speech/language skills, adaptive behavior, self-concept, or appropriate tests of any domain of concern.

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Autism
KAR 91-40-1
(f) "Autism" means a developmental disability significantly affecting verbal and nonverbal communication and
social interaction, generally evident before age three but not necessarily so, that adversely affects a child's
educational performance. Other characteristics often associated with autism are engagement in repetitive activities
and stereotyped movements, resistance to environmental change or change in daily routines, and unusual
responses to sensory experiences. The term shall not apply if a child's educational performance is adversely
affected primarily because the child has an emotional disturbance.
Exclusionary Criteria:
A child
must NOT be determined to be a child with an exceptionality
if the determinant factor is:
Exclusionary Factor
How to Evaluate
Lack of appropriate instruction in reading,
including the essential components of reading
instruction (defined in section 1208(3) of the
ESEA (NCLB);
Evidence shows that the student’s previous reading instruction
and curriculum addressed phonemic awareness, phonics,
vocabulary development, reading (fluency including oral
reading skills), and reading comprehension strategies. This
evidence may come from (a) an evaluation of the school’s basal
curriculum and supplemental materials, and (b) that the
student actually received instruction provided by highly
qualified teachers using appropriate basal curriculum and
supplemental materials.
Lack of appropriate instruction in math; or
Evidence shows that the student’s previous math instruction
and curriculum addressed math calculation, problem solving,
and conceptual understanding. This evidence may come from
(a) an evaluation of the school’s basal curriculum and
supplemental materials, and (b) that the student actually
received instruction provided by highly qualified teachers using
appropriate basal curriculum and supplemental materials.
Limited English proficiency;
If the student being evaluated is an English Language Learner,
provide evidence that the student was provided with
appropriate accommodations and interventions to address it.
Consider things such as: proficiency in English and in the
student’s nagate,
amivoune
t of
latime nin guthe
country, level
of education in the student’s native country, etc. Also consider
whether the student’s rate of learning is different from those of
similar language background and educational experience. If, in
spite of appropriate accommodations and interventions, the
student’s learning difficulties persist, this factor is ruled out.
and the child does not otherwise meet the
eligibility criteria as a child with an
exceptionality
Evidence shows that thetie
s
stuare
nodt
ent’s learning difficul
due to factors other than those associated with the criteria for
disabilities as defined in IDEA. For example, frequent moves,
incarceration, substance abuse, etc.
The term shall not apply if a child's educational
performance is adversely affected primarily
because the child has an emotional
disturbance.
The team should rule out the presence of an emotional
disturbance. If the data the team collects matches the
indicators for emotional disturbance, the student should be
identified as a child with an emotional disturbance rather than
a child with autism.

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Prong 1: Does the child exhibit an exceptionality?
Indicators
For meeting this prong of eligibility, the team must consider information and have data to support at least 1 indicator from
each of the following categories:
1. Evidence
Records contain medical information which provides evidence of autism
Record review,
interview, and/or observations indicate student’s skills in verbal and nonverbal communication and
social interaction are significantly different from peers
Record review, interview, and/or observations provide information which substantiates student characteristics
such as: engagement in repetitive activities and stereotyped movements; resistance to environmental change or
change in daily routines; and unusual responses to sensory experiences which are significantly different than
peers.
Measures of
the student’s communication and social skills indicate skill level is markedly below that of peers
Record review, interview and/or observations indicate concerns regarding the student’s communication and social
interaction skills were evident before age 3
2. Adverse effect
Record review, interview and/or observation indicate that the student’s condition adversely impacts his/her
educational performance
Progress monitoring data displayed on charts or graphs shows slow rate of growth in educational performance
despite provision of intense, explicit instructional interventions
Student progress monitoring data showes
dly
stubelow
tdhat
eonf
pt’eers
s
educational performance is mark
Prong 2: Does the child need special education?
Indicators
Student progress monitoring data indicate intense or sustained resources needed in order for student to
demonstrate adequate progress
Despite modifications of instruction, curriculum, and environment, the student does not make sufficient progress
to meet age or state-approved grade-level standards in one or more areas
Student progress monitoring data show that the student’s behavior of concern is resistant to targeted
supplemental and intensive interventions to address communication, social interaction, and/or academic skills.
Student Progress monitoring data of increasingly customized and individually tailored instruction and intervention
indicate that the student needs specially designed instruction to access the general curriculum.
Despite implementation of intensive interventions, which include purposeful instructional design and delivery,
prioritized content, protected time and grouping, and performance monitoring, the student does not make
sufficient progress to meet age or state-approved grade-level standards in one or more areas.

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Developmental Delay (age 9 and younger)
KAR 91-40-1
(q) “Developmental delay” means such a deviation from average development in one or more of the following
developmental areas that special education and related services are required:
(A) Physical;
(B) cognitive;
(C) adaptive behavior;
(D) communication; or,
(E) social or emotional development
The deviation from average development shall be documented and measured by appropriate diagnostic instruments and
procedures.
Exclusionary Criteria:
A child must
NOT be determined to be a child with an exceptionality
if the determinant factor is:
Exclusionary Factor
How to Evaluate
Lack of appropriate instruction in reading,
including the essential components of reading
instruction (defined in section 1208(3) of the
ESEA(NCLB);
Evidence shows that the student’s previous reading instruction
and curriculum addressed phonemic awareness, phonics,
vocabulary development, reading fluency (including oral
reading skills), and reading comprehension strategies. This
evidence may come from (a) an evaluation of the school’s basal
curriculum and supplemental materials, and (b) that the
student actually received instruction provided by highly
qualified teachers using appropriate basal curriculum and
supplemental materials.
Lack of appropriate instruction in math; or
Evidence shows that the student’s previous math instruction
and curriculum addressed math calculation, problem solving,
and conceptual understanding. This evidence may come from
(a) an evaluation of the school’s basal curriculum and
supplemental materials, and (b) that the student actually
received instruction provided by highly qualified teachers using
appropriate basal curriculum and supplemental materials.
Limited English proficiency;
If the student being evaluated is an English Language Learner,
provide evidence that the student was provided with
appropriate accommodations and interventions to address it.
Consider things such as: proficiency in English and in the
student’s native language, amount of time in the country, level
of education in the student’s
native country, etc. Also consider
whether the student’s rate of learning is different from those of
similar language background and educational experience. If, in
spite of appropriate accommodations and interventions, the
student’s learnies
persiinst, thg
is factdifor is
fruicultled
out.
and the child does not otherwise meet the
eligibility criteria as a child with an
exceptionality
Evidence shows that the student’s learning difficulties are not
due to factors other than those associated with the criteria for
disabilities as defined in IDEA. For example, frequent moves,
etc.

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Prong 1: Does the child exhibit an exceptionality?
Indicators
For meeting this prong of eligibility, the team must consider information and have data to support at least 1 indicator from
each of the three following categories:
1. Records indicate student is age 9 or under
2. Rate of skill acquisition as measured by progress monitoring is markedly different from peers
Progress monitoring data displayed on charts or graphs shows slow rate of growth in educational performance
despite provision of intense, explicit instructional interventions
Progress monitoring data displayed on charts or graphs shows student is a non-responder to increasingly intense
instructional interventions
3. Performance is significantly below developmental expectations in one or more developmental areas as measured by
appropriate diagnostic instruments and procedures.
Performance is significantly below developmental expectations on a criterion referenced instrument in one or
more developmental areas
Performance is significantly below normative sample on a standardized assessment in one or more developmental
areas
Record review, interview, and/or observations demonstrate significant deviation from average development in
one or more developmental areas
Student performance is significantly lower than peers on one or more benchmark assessments, curricular
objectives, or state assessments.
Prong 2: Does the child need special education?
Indicators
Student progress monitoring data indicates intense or sustained resources needed in order for student to:
o
physically negotiate and manipulate the environment, or
o
understand age appropriate information, reason, and solve problems, or
o
exhibit developmentally appropriate adaptive skills such as: self-care, home living, community use, self-
direction, health and safety, and functional academics, or
o
convey and comprehend communication and social intent, or
o
positively impact relationships with peers and adults, or
o
initiate, respond to, and maintain positive social relationships, or
o
meet behavioral expectations (e.g., following directions, rules, and routines)
Despite modifications of instruction, curriculum, and environment, the student does not make sufficient progress
to meet age or state-approved grade-level standards in one or more developmental areas.
Student progress monitoring data show that the student’s behavior of concern is resistant to targeted
supplemental and intensive interventions to address communication, social interaction, and/or academic skills.
Student progress monitoring data of increasingly customized and individually tailored instruction and intervention
indicate that the student needs specially designed instruction to access the general curriculum.
Despite implementation of intensive interventions, which include purposeful instructional design and delivery,
prioritized content, protected time and grouping, and performance monitoring, the student does not make
sufficient progress to meet age or state-approved grade-level standards in one or more areas.

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Emotional Disturbance
KAR 91-40-1
(v) “Emotional disturbance" means a condition exhibiting one or more of the following characteristics over a long
period of time
and to a marked degree that adversely affects a child’s educational performance:
(1) An inability to learn that cannot be explained by intellectual, sensory, or health factors;
(2) an inability to build or maintain satisfactory interpersonal relationships with peers and teachers;
(3) inappropriate types of behavior or feelings under normal circumstances;
(4) a general pervasive mood of unhappiness or depression; or
(5) a tendency to develop physical symptoms or fears associated with personal or school problems.
The term includes schizophrenia, but shall not apply to children who are socially maladjusted, unless it is determined that they
have an emotional disturbance.
Exclusionary Criteria:
A child
must NOT be determined to be a child with an exceptionality
if the determinant factor is:
Exclusionary Factor
How to Evaluate
Lack of appropriate instruction in reading,
including the essential components of reading
instruction (defined in section 1208(3) of the
ESEA(NCLB);
Evidence shows that the student’s previous reading instruction
and curriculum addressed phonemic awareness, phonics,
vocabulary development, reading fluency (including oral
reading skills), and reading comprehension strategies. This
evidence may come from (a) an evaluation of the school’s basal
curriculum and supplemental materials, and (b) that the
student actually received instruction provided by highly
qualified teachers using appropriate basal curriculum and
supplemental materials.
Lack of appropriate instruction in math; or
Evidence shows that the student’s previous math instruction
and curriculum addressed math calculation, problem solving,
and conceptual understanding. This evidence may come from
(a) an evaluation of the school’s basal curriculum and
supplemental materials, and (b) that the student actually
received instruction provided by highly qualified teachers using
appropriate basal curriculum and supplemental materials.
Limited English proficiency;
If the student being evaluated is an English Language Learner,
provide evidence that the student was provided with
appropriate accommodations and interventions to address it.
Consider things such as: proficiency in English and in the
student’s native language, amount of time in the country, level
of education in the student’s native country, etc. Also consider
whether the studens
dt’iffes
renrt fatrom
et
hoose
fo
f
learning i
similar language background and educational experience. If, in
spite of appropriate accommodations and interventions, the
student’s learning difficulties persist, this factor is ruled out.
and the child does not otherwise meet the
eligibility criteria as a child with an
exceptionality
Evidence shows that the student’s learning difficulties are due
to factors other than those associated with the criteria for
disabilities as defined in IDEA. For example, frequent moves,
incarceration, substance abuse, etc.
The student may not be socially maladjusted,
unless it is determined that they also have an
emotional disturbance
Courts have interpreted social maladjustment to mean a
conduct disorder. Teams should review records to rule out that
the student has been identified as a student having a conduct
disorder, unless other evidence that the student also has an
emotional disturbance exists.

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Prong 1: Does the child exhibit an exceptionality?
Indicators
For meeting this prong of eligibility the team must consider information and have data to support at least 1 indicator from
each of the four following categories:
1. Characteristics of Emotional Disturbance
Record reviews, interviews, and/or observations indicate levels of physical symptoms or fears which are different
from peers and are correlated with school problems
Record reviews, interviews, and/or observations indicate student exhibits inappropriate behaviors or feelings
under normal circumstances
Record reviews, interviews, and/or observations indicate an inability to build or maintain satisfactory interpersonal
relationships with peers and teachers
Record reviews, interviews, and/or observations indicate a pervasive mood of unhappiness or depression
2. Evidence that characteristics have been exhibited over a long period of time
Record reviews, interviews, and/or observations indicate that emotional difficulties have been exhibited over a long period
of time
3. Evidence that characteristics are exhibited to marked degree
Assessments indicate behavioral and emotional characteristics are exhibited to a marked degree when compared to peers
4. Evidence that behavior adversely affects educational performance
Record reviews, interviews, and/or observations indicate that emotional characteristics are adversely affecting the
student’s educational performance
Record reviews, interviews, and/or observations indicate an inability to learn that cannot be explained by
intellectual, sensory, or health factors
Progress monitoring data displayed on charts or graphs shows slow rate of growth in educational performance
despite provision of intense, explicit instructional interventions
Progress monitoring data displayed on charts or graphs shows student is a non-responder to increasingly intense
instructional interventions
Other Supporting Information
Records document a DSM-IV diagnosis that substantiates one or more of the following: an inability to build or maintain
satisfactory interpersonal relationships with peers and teachers; inappropriate types of behavior or feelings under normal
circumstances; a general pervasive mood of unhappiness or depression; or a tendency to develop physical symptoms or
fears associated with personal or school problems and includes schizophrenia
Prong 2: Does the child need special education?
Indicators
Student progress monitoring data indicates intense or sustained resources needed in order for student to
demonstrate adequate progress
Despite modifications of instruction, curriculum, and environment, the student does not make sufficient progress
to meet age or state-approved grade-level standards in one or more areas
Modifications of instruction, curriculum, and the environment have not adequately addressed the behaviors,
feelings, relationships, moods, fears, or physical symptoms that adversely affect
the student’s educational
performance
Student progress monitoring data show that the student’s behavior of concern is resistant to targeted
supplemental and intensive interventions
Student progress monitoring data of increasingly customized and individually tailored instruction and intervention
indicate that the student needs specially designed instruction to access the general curriculum

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Gifted
KAR 91-40-1
(cc) "Gifted" means performing or demonstrating the potential for performing at significantly higher levels of
accomplishment in one or more academic fields due to intellectual ability, when compared to others of similar age,
experience and environment.
Prong 1: Does the child exhibit an exceptionality?
Indicators
For meeting this prong of eligibility the team must consider information and have data to support at least 1 indicator from
each of the three following categories:
1. Evidence of performing or demonstrating the potential for performing at significantly higher levels of accomplishment
in one or more academic fields
Record reviews, interviews, and/or observations indicate student demonstrates superior reasoning and problem
solving ability
Student progress monitoring indicates student’s skill level in one or more academic areas is much above that of
peers
GPA, classroom, portfolio, or rubrics indicate a significantly high level of intellectual ability and excellence in
academics
District, state, and national assessments indicate a significantly high level of intellectual ability and excellence in
academics
A rank of not less than the 95th percentile on national norms on a standardized, norm-referenced achievement
test in one or more of the academic fields (mathematics, language arts (including reading), science, and social
science), or evidence that such test scores do not adequately reflect the child's excellence in academics
College entrance exams indicate a significantly high level of intellectual ability and excellence in academics
Pre-tests consistently indicate student has already mastered end of unit/curricular objectives prior to instruction
2. Evidence of being due to intellectual ability
Record reviews, interviews, and/or observations indicate student shows persistent intellectual curiosity and asks
searching questions
Record reviews, interviews, and/or observations indicate student shows initiative and originality in intellectual
work
Ease of task completion indicates a significantly high level of intellectual ability and excellence in academics
Rate of acquisition and retention indicate a significantly high level of intellectual ability and excellence in
academics
Products from home or school indicate a significantly high level of intellectual ability and excellence in academics
A composite rank of not less than the 97th percentile on an individually administered, standardized, norm-
referenced test of intellectual ability, or evidence that the child's standardized, intelligence test score does not
adequately reflect the child's high intellectual potential
3. Evidenced that when compared to others of similar age, experience and environment
Multiple characteristics of giftedness exhibited when interventions provide adaptations, enrichment, or
acceleration
Persistence to task and generalization of knowledge gained indicate a remarkably high level of accomplishment
Coursework analysis indicates a significantly high level of intellectual ability and excellence in academics when
provided with interventions
Performance significantly higher than peers on one or more areas on benchmark assessments, curricular
objectives, or state assessments

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Prong 2: Does the child need special education?
Indicators
Student progress monitoring data indicates intense or sustained resources needed in order for student to
demonstrate appropriate progress:
Evidence of student’s mastery of successive levels of instructional objectives or course requirements indicates the
need for intensive adaptations or acceleration
Student progress monitoring data show that targeted supplemental interventions are insufficient for student to
demonstrate appropriate progress
Student progress monitoring data of increasingly customized and individually tailored instruction and intervention
indicate that the student needs specially designed instruction to access the general curriculum at appropriate levels of
instruction
Intensive changes or modifications needed in instruction, curriculum, grouping, assignments, etc. for student to
demonstrate appropriate progress
Evidence of student's frustration with enriched instructional environments indicates the need for intensive
adaptations or acceleration
General education interventions such as alternative course selections or cross-age grouping are insufficient to support
student progress

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Intellectual Disability
KAR 91-40-1
"Intellectual Disability" means significantly sub-average general intellectual functioning, existing concurrently with
deficits in adaptive behavior and manifested during the developmental period, which adversely affects a child’s
educational performance.
Exclusionary Criteria:
A child must NOT be determined to be a child with an exceptionality if the determinant factor is:
Exclusionary Factor
How to Evaluate
Lack of appropriate instruction in reading,
including the essential components of reading
instruction (defined in section 1208(3) of the
ESEA(NCLB);
Evidence shows that the student’s previous reading instruction
and curriculum addressed phonemic awareness, phonics,
vocabulary development, reading fluency (including oral reading
skills), and reading comprehension strategies. This evidence
may come from (a) an evaluation of the school’s basal
curriculum and supplemental materials, and (b) that the student
actually received instruction provided by highly qualified
teachers using appropriate basal curriculum and supplemental
materials.
Lack of appropriate instruction in math; or
Evidence shows that the student’s previous math instruction
and curriculum addressed math calculation, problem solving,
and conceptual understanding. This evidence may come from
(a) an evaluation of the school’s basal curriculum and
supplemental materials, and (b) that the student actually
received instruction provided by highly qualified teachers using
appropriate basal curriculum and supplemental materials.
Limited English proficiency; and
If the student being evaluated is an English Language Learner,
provide evidence that the student was provided with
appropriate accommodations and interventions to address it.
Consider things such as: proficiency in English and in the
student’s nagate,
amivoune
t of
latime nin guthe
country, level
of education in the student’s native country, etc. Also consider
whether the student’s rate of learning is different from those of
similar language background and educational experience. If, in
spite of appropriate accommodations and interventions, the
student’s learning difficulties persist, this factor is ruled out.
the child does not otherwise meet the eligibility
criteria as a child with an exceptionality
Evidence shows that the
s
stuare
dude
ent’s learning difficultie
to factors other than those associated with the criteria for
disabilities as defined in IDEA. For example, frequent moves,
incarceration, substance abuse, etc.

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Prong 1: Does the student exhibit an exceptionality?
Indicators
For meeting this prong of eligibility, the team must consider information and have data to support at least 1 indicator from
each of the four following categories:
1. Information relating to sub-average general intellectual functioning
Student’s rate of learning, as measured by progress monitoring, is markedly different from peers
Student’s score is two or more standard deviations below the mean on an individually administered, standardized,
norm-referenced test of intellectual ability
2. Information related to deficits in adaptive behavior
Records, interviews, and/or observations indicate student exhibits deficits in adaptive skill areas
Measures of adaptive behavior skills indicate significant deficits in two or more areas
3. Information related to initial occurrence during the developmental period
Records and/or interviews indicate deficits in adaptive behavior and low intellectual functioning were manifested
during the developmental period
Records, interviews, and/or observations indicate adaptive behavior deficits have occurred over an extended
period of time
4. Evidence of Adverse Effects on Educational Performance
Records, interviews, and/or observations indicate chy ild’s level of educational performance has been significantl
below age or state-approved grade level standards.
Student’s performance is s-apigniproved
graficande level statly
ndards
bwehelow
n measuarege
d on
or state
benchmark assessments, curricular objectives, or state assessments
Measures of academic achievement indicate significant delays across subject areas
Other Supporting Information
Records indicate a medical diagnosis of mental retardation
Prong 2: Does the child need special education?
Indicators
Despite modifications in instruction, curriculum and environment, student’s rate of learning is significantly less
than peers
Despite modifications in instruction, curriculum and environment, student’s educational performance in various
age appropriate environments is significantly below age or state-approved grade level standards.
Despite modifications in instruction, curriculum and environment, student’s adaptive behavior skills in various age
appropriate environments is significantly delayed from peers
Despite modifications of instruction, curriculum, and environment, the student does not make sufficient progress
to meet age or state-approved grade-level standards across curricular areas
Student progress monitoring data show that the student’s behavior of concern is resistant to targeted
supplemental and intensive interventions
Student progress monitoring data of increasingly customized and individually tailored instruction and intervention
indicate that the student needs specially designed instruction to access the general curriculum.
Despite implementation of intensive interventions, which include purposeful instructional design and delivery,
prioritized content, protected time and grouping, and performance monitoring, the student does not make
sufficient progress to meet age or state-approved grade-level standards in one or more areas.

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Learning Disability
KAR 91-40-1
(mmm) “Specific learning disability” means a disorder in one of more of the basic psychological processes involved
in understanding or using language, spoken or written, that may manifest itself in an imperfect ability to listen,
think, speak, read, write, spell, or to do mathematical calculations, including perceptual disabilities, brain injury,
minimal brain dysfunction, dyslexia, and developmental aphasia. The term shall not include learning problems that
are primarily the result of any of the following: (1) Visual, hearing, or motor, disabilities; (2) Intellectual Disability;
(3) emotional disturbance; or (4) environmental, cultural, or economic disadvantage.
KAR 91-40-11
(b)(1) A group evaluating a child for a specific learning disability may determine that the child has such a disability
only if the following conditions are met:
(A) The child does not achieve adequately for the child's age or meet state-approved grade-level standards, if any,
in one or more of the following areas, when the child is provided with learning experiences and instruction
appropriate for the child's age and grade level: (i) Oral expression; (ii) listening comprehension; (iii) written
expression; (iv) basic reading skill; (v) reading fluency skills; (vi) reading comprehension; (vii) mathematics
calculation; and (viii) mathematics problem solving; and
(B)(i) The child does not make sufficient progress to meet age or state-approved grade level standards in one of
more of the areas
identified in paragraph (b)(1)(A) when using a process based on the child’s response to scientific,
research-based intervention; or (ii) the child exhibits a pattern of strengths and weaknesses in performance,
achievement, or both, relative to age, grade level standards, or intellectual development that is determined by the
group conducting the evaluation to be relevant to the identification of a specific learning disability, using
appropriate assessments.
Exclusionary Criteria:
A child
must NOT be determined to be a child with an exceptionality
if the determinant factor is:
Exclusionary Factor
How to Evaluate
Lack of appropriate instruction in reading,
including the essential components of reading
instruction (defined in section 1208(3) of the
ESEA(NCLB);
Evidence shows that the student’s previous reading instruction
and curriculum addressed phonemic awareness, phonics,
vocabulary development, reading fluency (including oral reading
skills), and reading comprehension strategies. This evidence
may come from (a) an evaluation of the school’s basal
curriculum and supplemental materials, and (b) that the student
actually received instruction provided by highly qualified
teachers using appropriate basal curriculum and supplemental
materials.
Lack of appropriate instruction in math; or
Evidence shows that the student’s previous math instruction
and curriculum addressed math calculation, problem solving,
and conceptual understanding. This evidence may come from
(a) an evaluation of the school’s basal curriculum and
supplemental materials, and (b) that the student actually
received instruction provided by highly qualified teachers using
appropriate basal curriculum and supplemental materials.
Limited English proficiency;
If the student being evaluated is an English Language Learner,
provide evidence that the student was provided with
appropriate accommodations and interventions to address it.
Consider things such as: proficiency in English and in the
student’s native language, amount of time in the country, level
of education in the student’s
native country, etc. Also consider
whether the student’s rate of learning is different from those of
similar language background and educational experience. If, in
spite of appropriate accommodations and interventions, the
student’s learnies
persiinst, thg
is factdifor is
fruicultled
out.
and the child does not otherwise meet the
eligibility criteria as a child with an
Evidence shows that the student’s learning difficulties are due
to factors other than those associated with the criteria for

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exceptionality
disabilities as defined in IDEA. For example, frequent moves,
incarceration, substance abuse, etc.
The determinant factor for why the child does not
achieve adequately for the child’s age or does not
make sufficient progress to meet age or State-
approved grade level standards, or exhibits a
pattern of strengths and weaknesses, is not
primarily the result of:
A visual, hearing or motor disability;
emotional disturbance;
cultural factors;
environmental or economic disadvantage;
limited English proficiency; or
intellectual disability
Evidence shows that student information does not match
indicators for visual, hearing, or motor disability, intellectual
disability, or emotional disturbance indicating the presence of
another disability is not the primary cause of learning problems.
However, it should be recognized that learning disabilities can
co-exist with other types of disabilities (i.e., co-morbidity).
If any other factors (cultural, environmental or economic
disadvantage, or limited English proficiency) are an issue for the
student being evaluated, provide evidence that the student was
provided with appropriate accommodations and interventions
to address them. If, in spite of appropriate accommodations
and interventions, the student’s learning difficulties persist,
these factors are ruled out as the primary cause.

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Prong 1: Does the student exhibit an exceptionality?
Indicators
For meeting this prong of eligibility, the team must consider information and have data to support at least 1 indicator from
each of the three following categories:
1. Observational Data
Observation in the student’s learning environment (which must include the general education classroom) provides
evidence of the student’s performanNce
ote: Thians is
d
reqbuireehd for
avall ior
evaluationin
s otf
he area of difficulty. [
students suspected of having a learning disability]
2. The child does not achieve adequately for the child's age or meet state-approved grade-level standards.
Measures of achievement in basic reading skills, reading fluency skills, and/or reading comprehension is
significantly below age or state-approved grade level standards
Measures of achievement in math calculation or math problem-solving are significantly below age or state-
approved grade level standards
Measures of achievement in written expression are significantly below age or state-approved grade level
standards
Measures of oral expression and/or listening comprehension indicate student performance is significantly below
age or state-approved grade level standards
Interviews indicate student demonstrates a high level of understanding during oral discussions but lacks mastery
of basic skills
Student performance is significantly below age or state-approved grade level standards on one or more
benchmark assessments, curricular objectives, or state assessments
3. Evidence of provision of learning experiences and instruction appropriate for the child's age and grade level.
Records of intervention indicate appropriate instructional decisions based on student data
Progress monitoring data displayed on charts or graphs show slow rate of growth in at least one achievement
domain despite provision of intense, explicit instructional interventions
Progress monitoring data displayed on charts or graphs show student is a non-responder to increasingly intense
instructional interventions.
Other Supporting Data
Record reviews shows DSM-IV diagnosis ( by clinical psychologist or other appropriately trained and qualified diagnostician)
of learning disability or previous identification as having a learning disability or other diagnosis of perceptual disabilities,
brain injury, minimal brain dysfunction, dyslexia, or developmental aphasia.
Prong 2: Does the child need special education?
Indicators
Student progress monitoring data indicates intense or sustained resources needed in order for student to
demonstrate adequate progress
Despite modifications of instruction, curriculum, and environment, the student does not make sufficient progress
to meet age or state-approved grade-level standards in one or more areas.
Despite modifications of instruction, curriculum, and environment, the student progress monitoring data shows
variability across academic performance areas
Student progress monitoring data
shows that the student’s behavior of concern is resistant to targeted
supplemental and intensive interventions
Student Progress monitoring data of increasingly customized and individually tailored instruction and intervention
indicate that the student needs specially designed instruction to access the general curriculum.
Despite implementation of intensive interventions, which include purposeful instructional design and delivery,
prioritized content, protected time and grouping, and performance monitoring, the student does not make
sufficient progress to meet age or state-approved grade-level standards in one or more areas.

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Multiple Disabilities
KAR 91-40-1
(pp) ) "Multiple disabilities" means coexisting impairments, the combination of which causes such severe
educational needs that those needs cannot be accommodated in special education programs solely for one of the
impairments. The term shall not include deaf-blindness.
Exclusionary Criteria:
A child must NOT be determined to be a child with an exceptionality if: the determinant factor is:
Exclusionary Factor
How to Evaluate
Lack of appropriate instruction in reading,
including the essential components of reading
instruction (defined in section 1208(3) of the
ESEA(NCLB);
Evidence shows that the student’s previous reading instruction
and curriculum addressed phonemic awareness, phonics,
vocabulary development, reading fluency (including oral
reading skills), and reading comprehension strategies. This
evidence may come from (a) an evaluation of the school’s
basal curriculum and supplemental materials, and (b) that the
student actually received instruction provided by highly
qualified teachers using appropriate basal curriculum and
supplemental materials.
Lack of appropriate instruction in math; or
Evidence shows that the student’s previous math instruction
and curriculum addressed math calculation, problem solving,
and conceptual understanding. This evidence may come from
(a) an evaluation of the school’s basal curriculum and
supplemental materials, and (b) that the student actually
received instruction provided by highly qualified teachers
using appropriate basal curriculum and supplemental
materials.
Limited English proficiency;
If the student being evaluated is an English Language Learner,
provide evidence that the student was provided with
appropriate accommodations and interventions to address it.
Consider things such as: proficiency in English and in the
student’s nagate,
amivoune
t of
latime nin guthe
country, level
of education in the student’s native country, etc. Also consider
whether the student’s rate of learning is different from those
of similar language background and educational experience. If,
in spite of appropriate accommodations and interventions, the
student’s learning difficulties persist, this factor is ruled out.
and the child does not otherwise meet the
eligibility criteria as a child with an
exceptionality
Evidence shows that theltie
s
stuare
dude
ent’s learning difficu
to factors other than those associated with the criteria for
disabilities as defined in IDEA. For example, frequent moves,
incarceration, substance abuse, etc.
The term shall not apply if a child's educational
performance is adversely affected primarily because the
child is a child with deaf-blindness
The team should rule out the presence of deaf-blindness. If
the data the team collects matches the indicators for deaf-
blindness, the student should be identified as a child with
deaf-blindness rather than a child with multiple disabilities.

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Prong 1: Does the student exhibit an exceptionality?
Indicators
Record review and/or Interviews indicate the presence of co-existing impairments
Measures of educational performance indicate the following:
o
the coexisting impairments are such that the student cannot be provided services appropriately in
classrooms solely for students with one of the impairments; or
o
the coexisting impairments are such that the student cannot be provided services appropriately in general
education classrooms without specific assistance, modifications, adaptations, or supports necessary to
accommodate the multiple impairments
Other supporting information:
Records contain medical information which provides evidence of multiple disabilities
Prong 2: Does the child need special education?
Indicators
For meeting this prong of eligibility, the team must consider information and have data to support at least 1 indicator from
both of the following categories:
1. Despite modifications in instruction, curriculum and environment, student’s rate of learning is significantly less than
peers
Despite modifications in instruction, curriculum, and environment, student