ELIGIBILITY FOR SPECIAL EDUCATION
In order for a child to receive special education services, the IEP team must determine that:
1.The child needs special education services.
2.The pupil meets the age requirements for special education services.
3.The child's disability meets the criteria for one of the 13 disabling conditions.
According to the Sevier County Department of Special Education and in compliance with the 1997 Amendments to IDEA: A pupil shall qualify as an individual with exceptional needs if the results of the assessment demonstrate that the degree of the pupil's impairment requires special education or related services in one or more of the following program options:
· Limited or extended resource programs (pull-out programs)
· Inclusive resource in the general education classroom
· Comprehensive Development Class (combined pull-out and inclusive program)
· Social Development Class (behavioral program that is pull-out and inclusive)
· Parkway Academy (Interim Alternative Educational Setting)
· Short term interim placement at Parkway Academy for intermediate and middle school students (ED students who cannot be served in the home school environment
· Gifted program (pull-out and inclusive)
· Designated instruction and services
· Private and home school evaluations and speech/language services
· State special schools (Tennessee School for the Deaf and Tennessee School for the Blind)
and/or
- Other settings determined to be appropriate by the IEP, including:
- Learning centers
- Regular education classrooms
- Combinations of settings and services.
The determination of a childs' eligibility for special education must be based upon:
1.Consideration of all the relevant information pertaining to the child's educational needs.
2.The findings of a multidisciplinary assessment where no single test or single observation is the sole determining factor.
The assessment must be conducted by qualified personnel who are competent in the child's primary language or mode of communication, and have a knowledge and understanding of the cultural and ethnic background of the pupil.
To be declared "eligible", the assessment data
must indicate that a disability is evident which adversely affects the
students' educational performance, despite school-based corrections and
modifications. An "adverse
affect" has been defined by legal precedent as that which prevents the
pupil from proceeding through the grades with passing marks.
Also, students are likely to be deemed ineligible for special education services if their academic deficits and/or educational needs are primarily due to:
- Unfamiliarity with the English language
- Temporary physical handicap
- Social maladjustment
- Environmental, cultural or economic factors.
"Disabled": For special education purposes, disabled refers to having one or more of the following impairments to such a degree that it adversely affects the students' education and who, because of those impairments, need special education and related services.
Autism: A pupil exhibits any combination of the following, to include but not limited to:
- An inability to use oral language for appropriate communication.
-A history of extreme withdrawal or relating to people inappropriately and continued impairment in social
interaction from infancy through childhood.
- An obsession to maintain sameness.
- Extreme preoccupation with objects and/or inappropriate use of objects or both.
- Displays peculiar motoric mannerisms and motility patterns.
- Self-stimulating, ritualistic behavior.
Deaf: A hearing impairment which is so severe that it affects the child's ability to understand language and speech with or without a hearing aide.
Deaf-blind: A combination of both hearing and visual impairments which causes such severe communication and other developmental and educational problems that they cannot be accommodated in special programs solely for deaf or blind students.
Hard of hearing: A hearing impairment, whether permanent or fluctuating, impairs the processing of linguistic information through hearing, even with amplification which adversely affects the student's educational performance but which is not included under the definition of "deaf".
Mental Retardation: Significantly below average general intellectual functioning existing at the same time with deficits in adaptive behavior and made apparent during the developmental period.
Multi handicapped: A combination of impairments which cause such severe educational problems that they cannot be accommodated in special education programs solely for one of the impairments. (This term does not include deaf-blind students.)
Severe Orthopedic Impairment: A severe orthopedic impairment evident at birth or caused by disease or other causes such as cerebral palsy, amputations, fractures or burns.
Other Health Impairments: Limited strength, vitality, or alertness due to a chronic or acute health problem such as a heart condition, tuberculosis, rheumatic fever, nephritis, asthma, sickle cell anemia, hemophilia, epilepsy, lead poisoning, leukemia, or diabetes.
Emotional Disturbance: A condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree.
- An inability to learn which cannot be explained by intellectual, sensory or health factors.
- 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.
- A tendency to develop physical symptoms or fears associated with personal or school problems.
(This term includes children who are schizophrenic, but does not include children who are socially maladjusted, unless it is determined that they are seriously emotionally disturbed.)
Specific Learning Disability: A disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written. This disorder is apparent in an inability to listen, think, speak, read, write, spell, or to do mathematical calculations.
Speech Impairment: A communication disorder such as stuttering, impaired articulation, a language impairment and a voice impairment.
Traumatic Brain Injury: An acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child's educational performance. The term applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition; language; memory; attention; reasoning; abstract thinking, judgment, problem-solving; sensory, perceptual and motor abilities; psychosocial behavior; physical functions; information processing; and speech. The term does not apply to brain injuries that are congenital or degenerative, or brain injuries induced by birth trauma.
Visual Impairment: A visual impairment which, even with correction, adversely affects a child's educational performance.
IDENTIFICATION
School personnel have a responsibility to identify children who have exceptional needs and refer them for assessment. Teachers and parents are encouraged to join in the identification and referral to the local school staff for assessment. Parents questioning their child's progress, either developmentally or academically, should first request a conference with the teacher. After this conference the parent and teacher may decide to bring the child to the attention of the local school support team (S-Team).
SCHOOL SUPPORT TEAM (S-Team)
The support team is a school site team which reviews an individual student's strengths and areas of concern. The S-Team is a function of the general education system and can assist any student. The S-Team plans strategies and organizes resources for addressing problems and concerns about a student. The S-Team may suggest modifications to the student's program and/or refer the student for a special education assessment.
REFERRAL
A referral to Special Education may be made by a teacher, parent, physician or any other person involved with a student's educational growth. Service may be provided for children from birth to age twenty-one. Teachers and parents are encouraged to use the SST process as a first step when they have a concern. Students may be referred for a special education assessment by the SST or by parents, teachers, counselors, principals, school nurses or other persons who have an interest in the child's welfare. The referral indicates the suspected area(s) of disability, provides school history and documents the modifications that have been tried and proven unsuccessful prior to making a referral. Receipt by the school of the referral officially begins the special education time line. An assessment plan will be developed and the family contacted within fifteen (15) days. The parent/guardian has fifteen (15) calendar days from the date of receiving the Assessment Plan to consent to the plan and return it to the school staff.
ASSESSMENT
A school representative will contact the parent/guardian and:
Arrangements will be made to have your child's needs evaluated. This will be done through testing and conferences held among those who have worked with your child's teachers, nurses, counselors, therapists, psychologists and others. Your written consent and participation will be needed, and evaluation results will be shared with you. This evaluation has three major purposes:
1.To assess needs and gather information about the student.
2.To determine eligibility for special education programs and services.
3.To recommend the appropriate special education programs and/or related services for the student or other program modifications.
I.E.P. DEVELOPMENT
When a student with exceptional needs has been found eligible for Special Education, an Individualized Education Plan (IEP) will be developed. An IEP is a written document which includes instructional goals and objectives based upon the student's educational needs as specified by the IEP team.
The parent/guardian will be asked for written approval of the IEP at the meeting. Goals will be developed and reviewed yearly. No change in educational placement or program will occur without parent/guardian permission except through a due process. Communication between parties involved will continue and parents are encouraged to request informal conferences with the teachers, to visit the classroom, and utilize notes, or phone calls to learn about their child's program and performance.
IEP MEETING AGENDA
1.Chair introduces and identifies all members present.
2.Chair presents:
a.The reason for the meeting.
b.The desired outcome of the meeting.
c.Sequence of the meeting.
3.Chair describes Parents' Rights and their involvement in the IEP process.
4.If an IEP Review meeting, staff presents:
a.The previous IEP.
b.Measurement of progress on objectives.
c.Present level of function.
5.If an assessment plan has been signed, the Chair calls upon each of the following members of the team for reports and provides parents with a copy of written reports if not previously provided:
a.General education staff.
b.Special education staff.
c.Other special education representatives (e.g., psychologist).
d.Parents
e.Other reports.
6.The team determines if the pupil is eligible for Special Education services.
a.If not eligible, indicate "Not Eligible" on the Program Description Summary and all present sign. Do not complete objectives or other parts of the IEP forms.
b.The student may be referred to general education for Section 504 Assessment.
c.If eligible for Special Education services, develop an Individualized Education Program IEP).
7.Insure that all components of the IEP are completed:
a.Present level of performance
b.Long range placement goal.
c.Goals, objectives and criteria for evaluation.
d.Extent of participation in regular education.
e.General program description of all educational components.
f.Special education services including description, frequency and duration.
g.Physical education program.
h.Rationale for placement in the least restrictive environment.
i.Transition plan to general education or a least restrictive setting.
j.Extended school year if appropriate.
k.Transition vocational or career goals if appropriate.
l.Alternative proficiency/graduation standards if appropriate.
m.Specialized services, materials and equipment if appropriate.
n.Vision & screening documentation.
8.Review the IEP documentation with the parent and the team.
9.All present sign to indicate participation in the IEP meeting.
10.Parent initials consent option.
11.Give copies of the IEP to the parent and all persons working with the student.
12.The IEP meeting may be continued at any time for additional information or participation of other staff. If completed, authorization by the participating administrator or designee becomes an obligation of the implementing district. If a member of the IEP team does not agree with the decision of the team, a dissenting statement may be attached, The IEP as written should be implemented immediately or as indicated within the document.
CONFIDENTIALITY OF RECORDS
All individualized education program records are maintained in accordance with state and federal pupil confidentiality laws.
TRANSFER OR COPIES OF RECORDS:
1.Will be sent to other agencies or persons outside of the district only with written request and permission of the parent/guardian or by court order.
2.May be transferred to other public education agencies involved in the student's educational program without written permission.
3.May be requested by students of legal age.
4.A reproduction fee may be charged.
SPECIAL EDUCATION PROGRAMS & SERVICES
All school districts are required to provide a free, appropriate public education for all school-aged students with exceptional needs. Many students will need special education services in addition to or different from those provided in the general school program. In order to meet the individual educational needs of the student, instructional techniques, materials and equipment may require adaptation.
Special education programs and related services will be provided to the student with exceptional needs without cost except for those fees that are charged to general education students. Services will be provided in an appropriate setting as close to home as possible. When transportation is necessary, it will be provided without cost to the parent.
LEAST RESTRICTIVE EDUCATIONAL ENVIRONMENT:
Our goal is a placement in a program which best meets the individual student's needs and does so with a minimal loss of contact with general class programs. Assignment to special classes, special schools, or other removal of the individual from the general educational environment shall occur only when the nature and severity of the disability is such that education in general classes, with the use of supplementary aids and services, cannot be achieved satisfactorily. Special education students will be educated with general education students and integrated as much as possible in regular school and classroom activities to the maximum extent appropriate as determined by the IEP team.
INSTRUCTIONAL COMPONENTS:
The continuum of program options as described by law includes: Designated Instruction and Services (DIS), Resource Specialist Program, Special Day Classes and Centers, Nonpublic Nonsectarian Day Schools, Residential Schools, Instruction in settings other than classrooms.
DESIGNATED INSTRUCTION AND SERVICES (DIS):
When required for a child to benefit from a special education program, DIS services can be provided. These services can include but are not limited to:
RESOURCE SPECIALIST PROGRAM
Provides instructional services to students who require special education services for less than half of their school day. Students are assigned to general classroom teachers for the majority of the school day.Students receive resource specialist services as determined by the IEP team.
SPECIAL DAY CLASSES
1.Provide services to students who have more intensive needs.
2.Students are assigned for a majority of the school day in special day classes and are grouped according to similar instructional needs.
3.Special Day Class teachers work cooperatively with general classroom teachers and IEP personnel, helping identify, assess, and plan programs for students with exceptional needs, as well as providing classroom instruction.
LEARNING CENTERS:
Learning Centers service both Resource and Special Day Class students, and follow the guidelines stated above. Services described are provided by Learning Center teachers.
NONPUBLIC NONSECTARIAN SCHOOL SERVICES:
Placements at nonpublic, nonsectarian schools are available to individuals with exceptional needs when the local school district determines that an appropriate education program is not available through the public school systems in the Contra Costa County Special Education Local Plan Area (SELPA) or adjacent areas.
STATE SPECIAL SCHOOLS:
Residential schools operated by the State of California for the deaf, blind, and neurologically impaired are available for:
a.Diagnostic evaluation
b.Serving the educational needs of some students.
Placement will be arranged upon the recommendation of the IEP team, following a determination that diagnostic services or residential placement is needed.
INSTRUCTION IN SETTINGS OTHER THAN THE CLASSROOM:
Students whose goals are focused in the vocational area may receive community based instruction and specific training at job sites. Other students may require instruction at home or in hospitals.