P r o c e d u r a l S a f e g u a r d s The G i - - PDF document

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P r o c e d u r a l S a f e g u a r d s The G i - - PDF document

Jan 19, 2024 308 likes •599 views

Region One ESC 1 Region One ESC I- Individuats with Disabitities Education Act (IDEA) IDEA is divided into four parts: Part A - GeneraL Provisions, Definitions and Other Issues Part B - Assistance for Education of AtL ChiLdren with

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Region One ESC

1

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Region One ESC

I-

Individuats with Disabitities Education Act (IDEA)

IDEA is divided into four parts:

  • Part A
  • GeneraL Provisions, Definitions and Other

Issues

  • Part B
  • Assistance for Education of AtL ChiLdren with

Disabilities (3 through 21)

  • Part C
  • Infants and Toddters with DisabiLities

(birth through 3)

  • Part D
  • NationaL Activities to Improve Education of

ChiLdren with DisabiLities

2

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Region One ESC

3

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Region One ESC 4

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Region One ESC

Notice of Procedural Safeguards

Give Me Five

Who has read the Procedural Safeguards?

What is your comfort level?

1

= never read them/don’t know them

5 = high comfort levet/can answer questions

5

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Region One ESC

6

3-

Notice of P r

  • c

e d u r a l S a f e g u a r d s

The G i s t

  • Number
  • ff

1,2,3,4,5,6,7.

  • Read

the assignment that corresponds to

your number.

  • After reading

t i m e

is

c a t t e d ,

form

e x p e r t

groups.

  • Discuss and summarize your section(s) using

c h a r t p a p e r

  • S

e l e c t

a spokesperson

t

  • share
  • ut per

group.

# Pages Start Stop

1

1-3 Beginning

lEE

2

3-7

lEE Ed Records 3

7-9

Ed Records

Voluntary Private School 4

9-11

Voluntary Private Resolving School Disagreements

5

11-14 Resolving

Due Process

Disagreements Hearing Program

6

14-17 Due Process Before the Hearing Hearing Program

7

17-19 Before the Hearing

End

P r

  • c

e d u r a l

N

  • t

i

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Region One ESC

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Region One ESC

During an Initial Evatuation

  • Whether the child is a chitd with a disability, as

defined in § 300.8, and the educational needs of the child;

  • The present levels of academic achievement and

related developmental needs of the child; and

  • Whether the child needs special education and

related services.

8

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Region One ESC

9

D u r i n g a

R e e v a l u a t i

  • n
  • Whether

t h e

chitd

c

  • n

t i n u e s to have such a disability and the educational needs

  • f

t h e

child;

  • W

h e t h e r the

child

c

  • n

t i n u e s to n e e d special e d u c a t i

  • n

and

r e t a t e d

services;

  • Present

levels of a c a d e m i c a c h i e v e m e n t and

related d e v e t

  • p

m e n t a l needs

  • f

t h e

child; and

D u r i n g a

Reevaluation

W h e t h e r

any additions

  • r modifications

t

  • t

h e speciat e d u c a t i

  • n

and

retated services a r e n e e d e d to enabte t h e

child

t

  • meet the

m e a s u r a b t e annual

goals

s e t

  • ut

in

t h e

individualized e d u c a t i

  • n

program of

the

child and to

p a r t i c i p a t e ,

as

appropriate,

in

t h e g e n e r a l e d u c a t i

  • n

curriculum.

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Region One ESC

What reevaLuation shares with initiat evaluations

  • Purpose
  • Gathering additionat
  • Prior written

data, if needed notice

  • Parent invotvement
  • Review of existing

in the evaluation

evaLuation data group

  • Parent consent
  • Factors invoLved in

determining

  • Procedural

eligibiLity

safeguards notice

  • Parent invoLvement

in eLigibility

determination

10

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Region One ESC

11

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For

I n i t i a l s

Once the referraL has been given and the parent has signed consent the timetine for assessment begins

  • 45 school days to compLete the assessment
  • 30 caLendar days from the day of the report

to go to ARD to present the report

It the REED process is appropriate, it may occur as

part of the initiaL evaluation.

Region One ESC 12

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Region One ESC

13

.j.

r.

For the 3 yr ReevaLuation The REED shoutd be conducted prior to the due date and with enough time for any requested evatuation to be completed and report written by the due date of the three-year reevaluation.

I

For Any Other Reevaluation

  • The REED process must be completed

prior to any reevaluation to determine what data is needed.

For any other

reevaluation that is not the three-year reevaluation, it must be completed by the timetine designated by the ARD Committee (ARDC).

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Region One ESC 14

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Region One ESC

I

Who?

  • If the chitd has a Visuat Impairment and/or

Auditory Impairment the MDT witi include the

VI and/or Al teacher.

  • White we’ve reviewed a list of individuals who

may be part of the MDT, it is not an atl inctusive list. There may be other individuats who will need to be included depending on the child’s identified needs such as an adaptive physicat education teacher, an art therapist, an in-home trainer, etc.

15

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Region One ESC

16

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Region One ESC

Beginning of Process

Reevaluation process begins for a student who is due or being considered tot a reevaluation. Action

ARD committee (including

parent) conducts a Review

  • f Existing Evaluation

Data to answer these 4

questions.

P

The Process Begins

17

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Region One ESO

F

Is additionaL

d a t a

n e e d e d . . .

_____

Decision

Is additional data

needed to determine:

  • 1. whether the student

continues to have a disability and the educational needs of the student?

  • 2. the present levels of

academic achievement and functional performance?

  • 3. whether the student

continues to need special education and related services?

  • 4. whether any additions
  • r modifications are

needed to enable the student to meet the annual goals?

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Region One ESC

E v a L u a t i

  • n

a n d A s s e s s m e n t

R e v i e w

  • Sociological EvaLuation Review
  • Communication Evatuation Review
  • Speech/Language EvaLuation Review
  • Fluency/Voice EvaLuation Review
  • Language Evaluation Review
  • Articutation Evaluation Review
  • Health Evatuation Review
  • Emotionat/Behaviorat EvaLuation Review
  • Cognitive! Intellectual EvaLuation Review
  • Adaptive Behavior Evaluation review
  • Achievement Evaluation Review
  • Assistive Technology EvaLuation Review

IEP

and R e c

  • r

d s Review

  • C

u r r e n t primary disabitity and secondary disabitities

  • Date

e a c h disability was determined

  • Is

t h e r e

a

r e t e v a n t evaluation r e p

  • r

t

in

t h e student

file for each disability?

19

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Region One ESC

Documented Item Decision

20

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Region One ESC

Documented Item

LEA must notify the child’s

parent of:

  • the determination and

the reasons for the determination; and

  • the right of the parents to

request an assessment

to determine whether the child continues to be a child with a disabHity and to determine the child’s educational needs.

Clarification

i-—S

No Additionat Data Needed

f_______

Notify the parent Explain your decision Explain parents rights to request an evaluation

]

21

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Region One ESC

Documented Item

j

ARD

committee documents data reviewed

Decision

It

the answer

to

any

question is YES, follow these steps.

Action

I

H O W

Additional Data Needed

and the basis

for

determination

in

regard

to

each question.

t

22

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Region One ESC 23 Documented Item

]

The ARD committee determines what additional data is needed and establishes the timeline for completion.

Additionat Data Needed

Determine what

data is needed

EstabLish timetine

_

“Note: If this is a three-year reevaluation, the evaluation and report must be completed by the

three-year anniversary date.

Additional Data Needed

  • Prior Written

_______________________________

Notice

  • Obtain informed

written consent

  • ——
..

1

Documented Item

]

Provide parent with prior written notice that de scribes the assessments and obtain informed writ ten consent.

TI

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Region One ESC

A d d i t i

  • n

a l Data Needed

  • ARD Committee

reviews the evatuation

  • ARD Committee

deveLops/revises the

IEP

Action

ARD committee reviews

the evaluation and determines eligibility for services.

If the child

is eligible, the ARD

committee develops or revises the IER

Action

Complete the requested evaluation and report

within timeframe.

24

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Region One ESC

1.

_ _ ,

Erequentty

Asked

Questions

If a REED is done and

the

ARDC

r e q u e s t s a d d i t i

  • n

a l e v a l u a t i

  • n

,

is

t h e

REED

d a t e the t h r e e

  • y

e a r r e e v a l u a t i

  • n

date?

If

the

ARDC

r e q u e s t s a d d i t i

  • n

a l e v a l u a t i

  • n

, t h e r e e v a l u a t i

  • n

process is not c

  • m

p l e t e until t h e e v a l u a t i

  • n

and

report a r e c

  • m

p l e t e d . The evatuation r e p

  • r

t

should be

c

  • m

p l e t e d

by

t h e t h r e e

  • y

e a r r e e v a t u a t i

  • n

d a t e .

25

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Region One ESC 26

FrequentLy Asked Questions

The ARDC for a student etigible as a student with a speech impairment conducts a REED and requests emotionat and academic evaLuation. After the

requested evatuations are compteted, the ARDC requests an evaluation by the occupationaL therapist.

ShouLd a new REED be conducted?

A REED must take pLace as part of any

reevaluation of a student under IDEA. The REED

is the process of Looking at a student’s existing

data to determine if additional data are needed.

Erequent[y Asked Questions

  • When a child is referred from Ed, do we conduct a

REED for these referrals?

  • For an initial evaluation, a REED would take place

if it is appropriate.

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Region One ESC 27

Frequent[y Asked Questions

An initiaL FIE was conducted and the student did

not quaLify for speciaL education services due to no educationaL need. A year Later, the schooL refers

the chiLd for evaLuation.

Do we need new testing? If the ARDC determines a REED is appropriate, a REED woutd be conducted to determine whether

further assessment is needed to determine: if the student is a student with a disability under

IDEA; the educational needs of the chiLd; the PLAAFP; whether the student needs special

education and related services.

Frequent[y Asked Questions

Do we need a new eligibiLity after a REED that

determines no new data is needed?

  • If the ARDC determines that no additional

data is needed, then the LEA is not required to conduct further evaLuation and the REED

may constitute as the student’s three-year reevaLuation.

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Region One ESC 28