QUALIFYING FOR SPECIAL EDUCATION IN SEVIER COUNTY

Before a referral for a full evaluation is made, a school must ensure that all appropriate general education alternatives have been utilized, that parents have been involved, and that the regular education intervention requirements have been followed. This includes teachers working with each other, with the individual student, with the student’s parents and the counseling staff, in an attempt to make an educational experience successful for the individual student. Many schools have pre-referral intervention or teacher/building support teams to aid in identifying and implementing educational or behavioral interventions in the general education setting. No one, including members of these teams, may impede a referral or otherwise prevent someone from making a referral to special education. These teams can often implement strategies that enable a student to become successful without special education placement and serve to document the modifications and adaptations already attempted. The S-Team must also consider whether a child’s understanding of English or attendance at school have caused the problem. Students are not disabled if the assessment measure is inaccurate, if their understanding of English is inadequate, or if they have missed so many days of school that lack of attendance cannot be ruled out as the cause of the child’s suspected disability.

In many cases, pre-referral strategies may provide the help needed for an "at-risk" student to function effectively in the regular classroom. When a number of these interventions have been attempted for a reasonable period of time with minimal educational effect a referral for a special education determinant "evaluation" may be the next step to meet the educational needs of a student in want. The purpose of the evaluation is to determine whether a student deviates significantly enough from the norm of a standardized measure (s) to qualify for special education services, and to assign a distinctive, diagnostic classification (e.g., learning disabled or emotionally disturbed). Eligibility decisions can only be made by comparing a child’s performance against that of a comparable sample of peers.

In order to determine whether or not a student may be eligible for special education services, the student must be referred for a complete preplacement evaluation. A "referral" is simply a request for the evaluation. Each school must have, however, a system for appropriately managing the referral process.

The parents of a referred student for a preplacement evaluation must be notified of the intent to refer their child by the referring individual ( unless the parent initiates the referral) prior to the submission of the referral. After notification to the parent, a referral is generally submitted to the school support team (S-Team) for review before submission to the school psychologist or other evaluators. Permission to evaluate a child must then be obtained from the parent prior to the start of evaluation for special education services. A parent has the right to refuse to let their child participate in testing and may -at any time during the process- withdraw their permission, thus halting the process. If the school believes that the child’s educational well being is threatened by the parents’ refusal, the school may decide to initiate a due process. However, generally the school will simply halt the evaluation and leave the child in the general education program without special education services.

After permission to evaluate the child is received from the parent information is gathered about the student’s learning potential, individual achievement levels, peer and adult interactions, social interactions, social and emotional adjustment, home and school environment, in addition to past school performance. In order for teachers to determine the child’s current level of educational performance and to begin to plan an individualized program that correlates to that child’s strengths and weaknesses teachers must use valid measures such as curriculum-based assessment, formal and informal tests, and classroom observation. Review of records, teaching strategies and diagnostics, and interviews with the parents, teachers and student -if appropriate- must also be completed.

Both state and federal laws require that important educational decisions about disabled students be made by an Individual Educational Program Team (IEP-Team) comprised of qualified professionals who have valid and reliable information about a student that could be relevant to the student’s educational program. The team includes a regular education teacher, persons qualified in assessment and programming for the suspected handicapping condition, the parents of the student and, if appropriate, the student. Additional special and general education teachers, school social workers, counselors, psychologists, administrators, school staff, and parent advocates may also be included. Professionals outside school staff, such as physicians, parole officers, case workers, etc. may be included as consultants to the team.

The IEP-Team examines all relevant data and reports compiled in the evaluation process. The findings of each member are compared and discussed. Based upon the evaluations and findings, and the legal qualifications for the particular disability, the IEP-Team determines whether or not the child has an eligible disability. If the child is found to have an eligible disability, the team then determines whether, as a result of such the child require special education and related services. If the IEP-Team determines that a child has no exceptional educational needs, identification of the child’s non-exceptional educational needs and information about other programs or services available to benefit the child should be provided. The goal of the decision making process by the IEP-Team is to increase student learning by initiating changes within the student’s environment and or educational program.

If the child is determined to be a child in need of exceptional education services, the IEP-Team considers whether any instructional variables should be "specifically designed" in order for a child to receive an appropriate education. Some of the variables that may need modification include environment, curriculum, teaching strategies, behavior management strategies, class size, discipline procedures, child supervision, and related services.

An individualized educational plan (IEP) must be developed and implemented to meet the educational needs of the child and to facilitate the necessary environmental changes identified. An IEP is a written record of the decisions reached at an IEP-Team meeting for each child with a disability. The IEP serves as a communication vehicle between parents and school personnel and enables them to jointly decide what the child’s needs are, what services and resources will be provided to meet those needs, and what the anticipated outcomes may be. The IEP must be reviewed and revised, at least annually. Further, it must be completely re-evaluated every three years.

In developing the IEP, the strengths of the student and concern for enhancing the student’s education are formulated based upon the results of the evaluation. Information required in the IEP by law include statements of:

(1) the child’s present level of educational performance;

(2) how the child’s disability affects the child’s involvement and progress in the general curriculum;

(3) how the disability affects the child’s participation in appropriate activities;

(4) measurable goals - including short term objectives to enable the child to be involved in and progress in the general curriculum;

(5) a statement of special education and related services;

(6) program modifications or supports that will be provided for the child;

(7) explanation as to the extent to which a child will not participate with nondisabled children in the regular class;

(8) participation in achievement testing, projected date for the beginning of services;

(9) how the child’s progress toward the annual goals will be measured; and,

(10) beginning at age 14, a statement of the transition service needs of the child.

Specific requirements of the regular education teacher as a member of the IEP-Team are to the extent appropriate: (1) participate in the development, review, and revision of the IEP; (2) the determination of appropriate positive behavioral interventions and strategies; (3) the determination of supplementary aides and services; and, (4) program modifications and support for school personnel (IDEA, 1997).

The IEP- Team also determines the "placement" of the student. Each district must make available a full continuum of services from which the IEP-Team makes its decision, based on the student’s individual needs. The requirement is to meet the individual needs of the student and place the student in the least restrictive environment. A student should not be placed into a program on the basis of a disability label. Considerations should include the student’s emotional, social, physical, and psychological needs

and whether the placement will enable the student to receive educational benefit from special education.

What are least restrictive environment and continuum of services?

Basically, courts have insisted that when a governing organization seeks to restrict a person’s fundamental liberty, it shall use the least restrictive environment (LRE) alternative available. For schools, least restrictive environment expressly means that for all alternatives of placement within the general educational system disabled children shall be afforded the best education as closely involved in the educational mainstream of their non-disabled peers as appropriate for the individual student. Inherent to this concept was the implication that general education has some appropriate program elements unavailable in special education and hence the need to consider accommodations with the mainstream where feasible.

To the maximum extent appropriate, students with disabilities should be educated with children who are not disabled. Removal from the regular education environment to special classrooms or alternative schools should only occur when the nature or severity of the student’s disability is such that education in the regular education environment with the use of supplementary aides and services cannot be achieved satisfactorily.

It is essential for school administrators to keep in mind that least restrictive environments are based on the educational needs of the individual and NOT the collective needs of the school. What may be least restrictive for some, may not hold true for others. For instance, if a disabled student is unable to benefit from education while in the general classroom, but shows success while in the special education classroom, the latter area may be considered least restrictive for that individual student.

LRE is not a static educational setting for disabled students but rather a dynamic and fluid ecological programming notion. Some students will be educated in only one placement setting while other s may be placed in several concurrent settings. Following is a brief description of the continuum of services representing the levels of the LRE:

The general education classroom: diagnostics through program support teachers and pupil services.

The general classroom with itinerant specialists: a special education program in which the teacher serves students in several schools.

The general classroom with a special resource room: a special education program type located in a regular school, where the teacher provides for instruction in specific skill areas and the children with exceptional needs are enrolled in this program and are integrated into the general academic programs.

Self-contained integrated program, part-time general services: a special education program type located in a general or special school which serves students with exceptional needs in the majority of instructional areas, but in which individual pupils are integrated into other general, or special, or both education programs.

Self-contained modified program, part-time general services: a special education program type located in the general school building or special school which serves students with exceptional needs in all instructional areas, but in which the entire class may go to a different teacher or the teacher may come to the special classroom for instruction in specific curriculum areas.

Self-contained complete, public agency sponsored model and private day school programs: are educational program types operated, either, publicly or privately which serve students with exceptional needs in all instructional areas.

Homebound instruction programs: are special education programs in which a teacher serves children with exceptional needs in the home, hospital, institution, or convalescent home. These programs may include not only direct teaching services, but also correspondence courses and telephone instruction. Homebound services are also tailored for regular education students whose health needs require instruction away from the regular education environment.

When does special education begin?

The evaluation process and placement decision for special education services must be completed within a reasonable period of time from the initial referral to evaluate the student or from the time the school or specific teachers had reason to believe the child needed special education and related services. Because of the child’s right to a free and appropriate public education, we have decided upon 45 calendar days for the evaluation process. This includes the evaluation of disability, determination of eligibility for special education, the development of the IEP, placement in the LRE, and parental consent to initiate special education services. If the parents agree and provide consent, special education services as detailed by the IEP and LRE placement begin.

If the parents do not provide consent for special educational services, the school or system may pursue the initiation of services following state procedures governing a public agency in overriding a parent’s refusal to consent. In most cases of refusal for consent to special education services, the system will respect the decision of the parents and the entire process will conclude with the student remaining in regular education without special education services.

Upon consent to provide special education services, regular and special education teachers of the disabled student work together to enable the student to progress according to the goals and objectives of the IEP. Student progress toward long-term goals and instructional objectives are reported to parents as established in the IEP. This may be fulfilled through the use of regularly scheduled written progress reporting, but it must be at least as frequent as the reporting for non-disabled students in the school or system. The IEP must be reviewed and revised annually or more frequently at the request of parents, staff or if the disabled student requires special education program modification. Every three years, the IEP-Team will re-evaluate the student’s needs for determination of continued special education services.