Chapter 14 Special Education Regulations

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Chapter 14 Special Education Regulations
Pennsylvania Training and Technical Assistance
Network Summer, 2001
Statewide Training Material
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TRAINING OBJECTIVES

• Participants will be able to
• Describe the changes in the special education
  process resulting from the passage of Chapter 14,
  including the use of appropriate forms and
  formats
• Describe the relationship between Evaluation
  Report (ER)/assessment data and the IEP
  development process.
• Describe the role of progress monitoring in IEP
  development
• Identify the data collection needs in the
  development of ERs, IEPs, and the monitoring of
  student progress

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Legislation Regulations

• Individuals with Disabilities Education Act
  Amendments of 1997 (IDEA 97)
• Individuals with Disabilities Education Act
  Regulations, March 1999
• New Chapter 14 Regulations, June 9, 2001
• Adoption of Federal Regulations by reference

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Terminology Changes

• Exceptional child no longer used Child with
  a Disability and Student with a Disability
• Multidisciplinary Evaluation now referred to as
  Evaluation
• MDT Multidisciplinary team remains
• Behavior Management is now identified as
  Behavior Support
• Change in placement applies in specific
  situations such as disciplinary removals,
  graduation, and exiting special education
• For EI, no substantive changes

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Terminology Changes

• Orthopedic impairment
• Other health impairment
• Specific learning disability
• Speech or language impairment
• Traumatic brain injury
• Visual impairment including blindness

• Autism
• Deaf-blindness
• Deafness
• Emotional disturbance
• Hearing impairment
• Mental retardation
• Multiple disabilities

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Screening Regular Education Interventions

• Little or no improvement within 60 school
  days after initiation refer
• Screening activities do not bar right
  of parent to request evaluation
• A district may submit for approval, via their
  special education plan, a district specific
  screening process describing their required
  processes or use instructional support.

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Screening Regular Education Interventions

• Academic assessment
• Behavioral assessment
• Intervention based on assessment
• Assessment of response to intervention
• Lack of instruction or limited English
  proficiency
• Ability of the regular education program to
  maintain the student
• Activities designed to gain the participation of
  parents

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Permission to Evaluate Form Changes

• Terminology change is to evaluation rather than
  multidisciplinary evaluation
• The multidisciplinary team must determine
  whether the child is a child with a disability
  and will prepare recommendations regarding your
  childs education program, and whether your child
  is in need of, and eligible for special education
  and related services. MDT makes the two
  pronged decision, NOT the IEP Team.
• Evaluation Report rather than Comprehensive
  Evaluation Report

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Evaluation Changes

• MDT is defined as multidisciplinary team
• Team only referred to as . . . a group of
  qualified professionals and the parent of the
  child . . .
• Group shall include a certified
  school psychologist when evaluating a
  child for A,ED,MR,MD,OHI,SLD,TBI
• EI excludes the provision to include a certified
  school psychologist where appropriate
• No Chairperson required

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Evaluation Changes

• Copy of initial report to parents no later than
  60 school days from receipt of permission 60
  calendar days for early intervention preschool
• No longer a 45-10-5 school day breakdown

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Evaluation Report Changes

• Current classroom based assessments and
  observations and observations by teachers and
  related service providers (from ER format)
• For LD - observation of childs academic
  performance in regular classroom setting by team
  member other than childs regular teacher (not a
  new requirement)

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Evaluation Report Changes

• Content of the ER has not changed, however, it
  has been reworded to reflect federal language
• ER does not have to be typed
• When it is determined that a student is not
  eligible for special education, no
  recommendations are necessaryissue NOREP (no IEP
  meeting required)
• If an assessment is not conducted under standard
  conditions, describe the extent to which it
  varied from standard conditions

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Evaluation Report Changes

• For Specific Learning Disabilities Only
• Signatures / Title / Yes No
• Written certification by team members of whether
  report reflects his or her conclusion
• Must submit separate statement if not in
  agreement
• For other disabilities dont have to sign

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Invitation to Participate in IEP Meeting or Other
Meeting - TRUE or FALSE

• Parents are invited to IEP meeting to make a
  determination whether the child is in need of
  special education.
• The Invitation . . . shall be used for inviting
  students who are16 and older.

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IEP Meeting
ER
IEP

• Review all components of the ER including
• Educational Levels of Performance and Educational
  Needs of the Child

• Present Levels of Educational Performance
• Goals and Objectives
• Specially Designed Instruction

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IEP Changes Preschool EI

• The IEP of each eligible young child shall be
  reviewed by the IEP team at least annually
• Previously was every 6 months
• Emphasis on progress monitoring and data
  collection

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IEP Format Changes

• The changes in the IEP format are mostly in
  wording and format and not in the CONTENT of the
  IEP, since they were addressed with the
  reauthorization of IDEA.

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IEP Format Changes

• Progress Reporting and Progress Monitoring
• Gathering data on student progress and using it
  to drive instruction is an ONGOING process and is
  of GREAT IMPORTANCE as it also drives the
  reevaluation
• How the child's progress toward the annual goals
  will be measured needs to be noted in the IEP
• The use of progress reporting and data collection
  will impact the extent of required reevaluation
  information

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IEP Format Changes

• IV.Special Education, Related Services .
• ESY - and determined that
• V. Participation in State and District-Wide
  Assessments
• Formatting changes state and district
  information split
• PASA Videotape or Written Narrative sections
  added

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IEP Format Changes

• VI. LRE
• Type of Service Itinerant, Resource, Part-time,
  Full-time
• Type of Support Autistic, Emotional, . . .
• time student receives special education outside
  regular education classroom Less 21
  22-60 61 or more
• Percentage of time is not required for early
  intervention
• Location

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IEP Format Changes

• VII. Transition Planning - some wording changed
• Items previously listed under Special
  Considerations moved to this section
• Graduation planning is a component of transition
  planning
• Desired Post-School Outcomes
• . . . or explain why these services are not
  needed not a federal requirement
• Participation
• Exit Criteria - Removed

added
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Reevaluation Changes

• School Age - Reevaluation required every 3 years
  (changed from every 2 years) 2 year requirement
  continues for students with mental retardation
• EI - Reevaluation required every 2 years (changed
  from every year)
• Team will review existing evaluation data and
  identify what additional data, if any, are needed
  to determine
• Category of disability
• Present levels of performance and needs
• Continued need for special education related
  services
• Additions and modifications to special education
  and related services

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Reevaluation Changes

• IEP Team members and School Psychologist conduct
  review of data
• Certified school psychologist is required when
  evaluating a child for autism, emotional
  disturbance, mental retardation, multiple
  disabilities, other health impaired, specific
  learning disability, and traumatic brain injury
• Not required in EI

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Reevaluation Changes
Once IEP Team Members Determined

• If meeting
• Invitation to Participate in IEP or Other Meeting
  and
• Procedural Safeguards Notice
• If not meeting
• Conduct the review of data

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Reevaluation Changes

• To determine need for additional evaluation data,
  IEP team must review
• Existing evaluation data
• Evaluations information from parents
• Current classroom based assessments
  observations
• Observations by teachers and service providers
• Need for additions or modifications to special
  education and related services so IEP goals are
  met as well as participation in general
  curriculum

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Reevaluation Changes
Progress Monitoring Should Drive the Reevaluation

• Data gathered on an ongoing basis to report
  progress toward measurable annual goals
• If done well, this data might be sufficient to
  determine
• Category of disability
• Present levels of performance and needs
• Continued need for special education related
  services
• Additions and modifications to special education
  and related services

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Reevaluation Changes
Decision Additional Data Not Needed

• If the team determines no additional data are
  needed to determine whether child continues to be
  a child with a disability, LEA shall notify
  parents of
• Determination and reasons
• Right of parent to request assessment
• Complete Evaluation Report

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Reevaluation Changes
Decision Additional Data Needed

• Enter information on the ER in the Complete for
  Reevaluation Only
• Date IEP Team Reviewed Existing Evaluation
• Conclusion (Select one)
• . . .determined that there is a need for
  additional data. The LEA shall issue the
  permission to reevaluate and administer tests and
  other . . . to produce the following data

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Reevaluation Changes
Decision Additional Data Needed

• The IEP team has reviewed existing evaluation
  data concerning your child and made the
  recommendations that there is a continued need
  for additional data.
• Issue Permission to Evaluation
• Complete Evaluation

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Reevaluation Changes

• Evaluation Report
• Complete Demographics and Reason for Referral on
  first page
• Sections completed dependent on whether or not
  additional data needed

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Additional Changes

• Discipline
• Adopts federal requirements (pattern of removals
  for days 11-15) but continues 10/15 day rules
  regarding suspension and change in placement
• If you go beyond 10/15 days
• Issue a NOREP
• No requirement for reevaluation
• Any day(s) of suspension for student with mental
  retardation continues to be a change in placement
  requiring NOREP
• Suspensions that are a pattern are considered an
  aversive technique

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Additional Changes

• LEA required to provide FAPE until the end of the
  school term in which the student turns 21 if
  provide services beyond 21 get subsidy
• LEA not required to provide public awareness
  material in every building
• Interstate transfer LEA may treat student as a
  regular education student until need for special
  education determined
• Confidentiality section of 342 replaced by FERPA
  - adopted by reference - 45 days to provide
  records for parent review (was 30 days)

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Additional Changes

• Case Load Chart School Age
• Maximum allowed
• Not applicable to APS
• Age ranges stay the same
• District may request approval for a caseload
  chart which varies from that in regulation as
  part of its special education plan
• Range of Services Early Intervention
• Added Supportive Intervention
• Deleted Co-teaching Consultation

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Additional Changes EI

• Exit Criteria
• The child has functioned within the range of
  normal development for 4 months
• Previously was 6 months

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Chapter 14 Special Education Regulations

• IEP Development,
• Progress Monitoring
• Data Collection

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IEP Development, Progress Monitoring, Data
Collection
ER
ER
IEP

• Lets look at how assessment data should be used
  to generate
• Measurable Annual Goals
• Specially Designed Instruction
• Data for Future Review of Data for Reevaluation

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School Age Annotated ER Activity
Description of evaluation not conducted under
standard conditions
p.4
p.5
MDTs conclusion that child is eligible or not
eligible
p.7
Review of evaluation data Who? How?
Conclusion No additional data needed
Additional data needed
p.9
Signatures and agree/disagree required for SLD
only
p.10
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Activity TAKE A LOOK
IEP Development, Progress Monitoring, Data
Collection

• Sample ERs
• Caitlin Early Intervention Child
• Eddie Elementary Student
• Josh Middle School Student
• Stephanie Secondary Student

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Assessment, Instruction Progress Monitoring Cycle

• Design Instruction
• Develop Goals Objectives
• Identify SDI
• Alignment to General Curriculum
• Instructional Grouping Scheduling
• Identify Progress Monitoring

• Initial Assessment
• Direct Intervention
• Historical Data
• Standardized Assessments
• Diagnostic Assessment

• Ongoing Evaluation
• Evaluate effectiveness of Instruction by
  Monitoring Progress on an Ongoing Basis
• Record and Use Data to Make Decisions Assess
  Progress
• Adjust goals Objectives
• Adjust SDI Instruction As Needed

• Instruction
• Deliver Instruction to Goals Objectives Using
  SDI
• Collect Data on Progress
• Monitor Student Response Feedback

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IEP Development, Progress Monitoring, Data
Collection
Goals Objectives - Monitoring Student Progress

• Instruction is connected to the Pennsylvania
  Academic Standards
• Parents are informed of instructional practices
  and encouraged to become partners Family
  Connections Kit

• http//www.pde.psu.edu/familyconnections/family.ht
  ml

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Activity TAKE A LOOK
IEP Development, Progress Monitoring, Data
Collection

• Sample IEPs
• Caitlin Early Intervention Child
• Eddie Elementary Student
• Josh Middle School Student
• Stephanie Secondary Student

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Data Collection Needs

• Reevaluation Requirements
• Evaluations Information Provided by the Parent

• Data Examples
• Parent/Families Issues Concerning Homework, Peer
  Relationships, etc.
• Parent Report on Student Progress

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Data Collection Needs

• Data Examples
• Test Scores, Task Completion, Peer Relationships,
  Consistent with Expected Progress
• Accomplishment of Short Term Objectives and
  Expected Levels of Achievement

• Reevaluation Requirements
• Current classroom based assessments and
  observations.

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Data Collection Needs

• Data Examples
• Child Performance in Classroom Other Settings
• Homework/Task Completion
• Behavior
• Transition

• Reevaluation Requirements
• Observations by teachers and service
  providers

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Data Collection Needs

• Reevaluation Requirements
• Additions or modifications to special education
  needed to meet the goals and participate in
  general curriculum

• Data Examples
• Reports from Teachers Regarding Progress in the
  General Curriculum
• Report on Progress on Annual Goals

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Types of Data Collection

• Curriculum Based Assessment
• Observational Data
• Portfolios
• Standardized Tests
• Teacher Designed Assessments
• Achievement Tests
• Permanent Products

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Data Collection Examples Reading

• Phonological Awareness Skills Program Test
• Portfolio of Knowledge of Alphabetic Principle
• DIBELS Letter Naming Fluency
• Language Samples
• Curriculum Based Measurements
• Curriculum Based Measurements - TAPP (Textbook
  Awareness and Performance Profile)

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Data Collection Examples Behavior

• Time Sampling
• Frequency Counts
• Permanent Products
• Self-monitoring
• Direct observation

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Data Collection Examples Transition

• Curriculum based assessments
• Teacher observation of self-advocacy activities
• Job coach notes
• Information from site supervisor
• Transition portfolio
• Student preferences interests
• Parent information regarding transition

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Notice of Recommended Educational Placement, NOREP
Changes to the NORA, now called NOREP

• Required content now adopts federal language
• Recommended Educational Placement mirrors
  information in IEP at VI. LRE
• Type of Service
• Type of Support
• Parent options on NOREP the same as on old NORA
  except for reference to enclosed Procedural
  Safeguards Notice

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Activity TAKE A LOOK
Notice of Recommended Educational Placement, NOREP

• Sample NOREPs
• Caitlin Early Intervention Child
• Eddie Elementary Student
• Josh Middle School Student
• Stephanie Secondary Student

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Assessment, Instruction Progress Monitoring Cycle

• Design Instruction
• Develop Goals Objectives
• Identify SDI
• Alignment to General Curriculum
• Instructional Grouping Scheduling
• Identify Progress Monitoring

• Initial Assessment
• Direct Intervention
• Historical Data
• Standardized Assessments
• Diagnostic Assessment

• Ongoing Evaluation
• Evaluate effectiveness of Instruction by
  Monitoring Progress on an Ongoing Basis
• Record and Use Data to Make Decisions Assess
  Progress
• Adjust goals Objectives
• Adjust SDI Instruction As Needed

• Instruction
• Deliver Instruction to Goals Objectives Using
  SDI
• Collect Data on Progress
• Monitor Student Response Feedback

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Thank You!