S P E C I A L E D U C A T I O N. Ventura County Special Education Local Plan Area (SELPA) Mary E. Samples Assistant Superintendent

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1 Ventura County Special Education Local Plan Area (SELPA) Mary E. Samples Assistant Superintendent S P E C I A L E D U C A T I O N Fran Arner-Costello Director, Programs and Services (805)

2 SPECIAL EDUCATION ELIGIBILITY GUIDELINES TABLE OF CONTENTS I. FOREWORD... 3 II. CATEGORIES OF DISABILITIES AS LISTED IN FEDERAL LAW Autism... 4 Deaf/Blindness Deafness Emotional Disturbance Hearing Impairment Intellectual Disabilities Multiple Disabilities Orthopedic Impairment Other Health Impairment Specific Learning Disability Speech or Language Impairment Traumatic Brain Injury Visual Impairment III. ADDITIONAL ELIGIBILITY CRITERIA Eligibility Criteria for Individuals with Exceptional Needs Between the Ages of Three & Five Years, Inclusive Individuals with Exceptional Needs Birth through Two Years Old IV. ASSESSMENT INSTRUMENTS BY AREA V. DYSLEXIA When do children with this disability qualify for special education? VI. ATTENTION DEFICIT DISORDERS When do children with this disorder qualify for special education? VII. LOW INCIDENCE DISABILITIES VIII. DEFINITION OF SEVERELY DISABLED" IX. ASSESSMENT OF AFRICAN AMERICAN PUPILS VENTURA COUNTY SELPA GUIDELINES X. INDEPENDENT EDUCATIONAL EVALUATIONS (ASSESSMENTS) XI. REFERENCES

3 FOREWORD This document is a compilation of Federal and State legal references regarding special education eligibility criteria. Also included are suggested assessment and educational considerations for each handicapping condition. This document is not meant to deviate from Federal or State criteria. It is important to remember that regardless of eligibility, special education programming is determined only after an IEP Team has convened and determined goals and objectives. In addition to eligibility criterias noted, please note that California Code of Regulations (CCR) Title 5 states: A pupil shall qualify as an individual with exceptional needs, pursuant to Section of the Education Code, if the results of the assessment as required by Section demonstrate that the degree of the pupil's impairment as described in Section 3030 (a through j) requires special education in one or more of the program options authorized by Section of the Education Code. The decision as to whether or not the assessment results demonstrate that the degree of the pupil s impairment requires special education shall be made by the individualized education program team, including assessment personnel in accordance with Section 5634(d) of the Education Code. The individualized education program shall take into account all the relevant material which is available on the pupil. No single score or product of scores shall be used as the sole criterion for the decision of the individualized education program team as to the pupil's eligibility for special education. (Underlines added.) Also, Code of Federal Regulations (CFR) Section 300.7(a) 1 states: As used in this part, the term child with a disability means a child evaluated in accordance with as having intellectual disabilities, a hearing impairment including deafness, a speech or language impairment, a visual impairment including blindness, serious emotional disturbance (hereafter referred to as emotional disturbance), an orthopedic impairment, autism, traumatic brain injury, an other health impairment, a specific learning disability, deaf-blindness, or multiple disabilities, and who, by reason thereof, needs special education and related services. 3

4 AUTISM A. DEFINITIONS 1. Federal PL (IDEA), Title 34, CFR, (c)(1) "Autism" means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age 3, 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 does not apply if a child s educational performance is adversely affected primarily because the child has an emotional disturbance, as defined in paragraph (b)(4) of this section. A child who manifests the characteristics of autism after age 3 could be diagnosed as having autism if the criteria in paragraph (c)(1)(i) of this section are satisfied. 2. State CCR, Title 5, Section 3030(g) A pupil exhibits any combination of the following autistic-like behaviors, to include but not limited to: (1) An inability to use oral language for appropriate communication. (2) A history of extreme withdrawal or relating to people inappropriately and continued impairment in social interaction from infancy through early childhood. (3) An obsession to maintain sameness. (4) Extreme preoccupation with objects or inappropriate use of objects or both. (5) Extreme resistance to controls. (6) Displays peculiar motoric mannerisms in motility patterns. (7) Self-stimulating, ritualistic behavior. 3. Diagnostic Statistical Manual (DSM) IV Definitions (DSM-IV and Proposed DSM- V) According to the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (DSM-IV): 4

5 A. A total of six (or more) items from (1), (2), and (3). With at least two from (1), and one each from (2) and (3): (1) Qualitative impairment in social interaction, as manifested by at least two of the following: (a) (b) (c) (d) Marked impairment in the use of multiple nonverbal behaviors such as eye-to eye gaze, facial expression, body postures, and gestures to regulate social interaction. Failure to develop peer relationships appropriate to developmental level A lack of spontaneous seeking to share enjoyment, interests, or achievements with other people (e.g., by a lack of showing, bringing, or pointing out objects of interest) Lack of social or emotional reciprocity (2) Qualitative impairments in communication as manifested by at least one of the following: (a) (b) (c) (d) delay in, or total lack of, the development of spoken language (not accompanied by an attempt to compensate through alternative modes of communication such as gesture or mime) in individuals with adequate speech, marked impairment in the ability to initiate or sustain a conversation with others stereotyped and repetitive use of language or idiosyncratic language lack of varied, spontaneous make-believe play or social imitative play appropriate to developmental level (3) Restricted repetitive and stereotyped patterns of behavior, interests, and activities, as manifested by at least one of the following: (a) (b) (c) (d) encompassing preoccupation with one or more stereotyped and restricted patterns of interest that is abnormal either in intensity or focus apparently inflexible adherence to specific, nonfunctional routines or rituals stereotyped and repetitive motor mannerisms (e.g., hand or finger flapping or twisting, or complex whole-body movements) persistent preoccupation with parts of objects B. Delays or abnormal functioning in at least one of the following areas, with onset 5

6 prior to age 3 years: (1) social interaction, (2) language as used in social communication, or (3) symbolic or imaginative play. C. The disturbance is not better accounted for by Rett s Disorder or Childhood Disintegrative Disorder. Proposed changes to the DSM V Section AUTISTIC DISORDER 1. Clinically significant, persistent deficits in social communication and interactions, as manifest by all of the following: a. Marked deficits in nonverbal and verbal communication used for social interaction: b. Lack of social reciprocity; c. Failure to develop and maintain peer relationships appropriate to developmental level 2. Restricted, repetitive patterns of behavior, interests, and activities, as manifested by at least TWO of the following: a. Stereotyped motor or verbal behaviors, or unusual sensory behaviors b. Excessive adherence to routines and ritualized patterns of behavior c. Restricted, fixated interests 3. Symptoms must be present in early childhood (but may not become fully manifest until social demands exceed limited capacities) B. ASSESSMENT STANDARDS 1. Assessment will be conducted by a multidisciplinary team as specified in the Assessment Plan, and may include: a. A comprehensive developmental history conducted by a credentialed school nurse or other qualified individual. (To determine age of onset.) b. A current psychological assessment conducted by a credentialed school psychologist or other qualified individual. c. A current language assessment conducted by a Speech-Language Pathologist or other qualified individual. d. A current assessment by an Occupational Therapist in conjunction with the teacher and parent regarding sensory issues and needs. e. Previous school history and education progress (when applicable). 2. Assessment of young children with autism. 6

7 a. A thorough assessment of young children with autism is essential for planning an appropriate program for the child and family. b. At the infant program level (ages birth through 2), assessment may be conducted by a combined team of school district infant specialist and regional center personnel, in conjunction with the family. Using the Multidisciplinary, Multiagency Team Assessment process. c. At the preschool level, a school district team consisting of appropriate personnel will assess children. Family members are included as an essential part of the team, and are encouraged to participate in assessment at a level that they choose. The following ASSESSMENT PROCESS is essential for young children: Team obtains and reviews all medical information, including previously completed reports, for the child. Audiological and vision screenings are completed. Team, including family, conducts a functional assessment, which may include playbased assessment, to determine the following information: Individual Sensory Issues Individual Behavioral Issues Developmental Level of Child: - Social/Emotional - Adaptive/Self-Help - Communication - Motor - Cognitive Learning Styles Summary (including implications for classroom programming) C. EDUCATIONAL CONSIDERATIONS The learning environment should address: 1. Multiple opportunities to learn and practice the most necessary social and communication skills to meet the child s social, learning and behavioral needs. 2. Predictability, with visual structures for scheduling, work spaces, etc, as needed. 3. Ongoing opportunities for development of functional communication and language skills. 4. Consideration of sensory needs, with accommodations provided or strategies taught. 5. Systematic instruction of skills, using behavioral techniques as appropriate. 6. Planned scaffolding and functional generalization to real world settings of skills taught. 7. Capitalization on student s interests in development of reinforcement. 7

8 8. Development of social skills with peers without disabilities. 9. A behavior intervention system to systematically teach the student ways to respond to the environment in socially appropriate ways. 10. A structured schedule with advanced warnings and supports for transitions. 11. Planned interventions for anticipated as well as unexpected situations that may overwhelm the student s coping mechanisms. See charts for practices found to be evidence-based by the National Professional Development Center on Autism Spectrum Disorders, by Age and Domain: 8

9 D. REFERENCES Best Practices for Designing and Delivering Effective Programs for Individuals with Autistic Spectrum Disorders, California Department of Education, copyright Educational Occupational Therapy Service Guidelines, Ventura County SELPA, An Informational Brochure for Parent of Students with Autism Spectrum Disorders, Ventura County SELPA. Occupational Therapy Accommodations for the Classroom, Ventura County SELPA, 2002 Teacher s Toolbox for Behavior Management, Ventura County SELPA. Teaching Social Skills, Ventura County SELPA. 9

10 DEAF/BLINDNESS A. DEFINITIONS 1. Federal P.L (IDEA), Title 34, CFR, 300.8(c)(2) "Deaf/Blindness" means concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs solely for children with deafness or children with blindness. 2. State CCR, Title 5, Section 3030(b) A pupil has concomitant hearing and visual impairments, the combination of which causes severe communication, developmental, and educational problems. B. ASSESSMENT STANDARDS See eligibility assessment standards for Deaf and Visually Handicapped. C. EDUCATIONAL CONSIDERATIONS See educational considerations for students who are Deaf and for students with Visual Impairments. D. REFERENCES Program Guidelines for Individuals Who Are Deaf-Blind, California State Department of Education; copyright

11 DEAFNESS A. DEFINITIONS 1. Federal P.L (IDEA), Title 34, CFR, 300.8(c)(3) "Deafness" means a hearing impairment which is so severe that the child is impaired in processing linguistic information through hearing, with or without amplification, which adversely affects educational performance. 2. State CCR, Title 5, Section 3030(a) A pupil has a hearing impairment whether permanent or fluctuating, which impairs the processing of linguistic information through hearing, even with amplification, and which adversely affects educational performance. Processing linguistic information includes speech and language reception and speech and language discrimination. B. ASSESSMENT STANDARDS The following are guidelines for individual assessment: 1. The assessment will be conducted by a multi-disciplinary team as specified on the Assessment Plan. 2. Current audiological measures of auditory functioning with and without amplification as determined by a qualified audiologist who documents the loss will be available. Initial entry and triennial assessment shall include tests (and/or modifications of tests as appropriate) which measure air and bone conduction threshold sensitivity, speech audiometry (including measure of speech discrimination and/or auditory comprehension of connected language), impedance measurements, and tests to determine suitability and benefit obtained from personal and group amplification. Ensure that hearing aids worn by pupil are functioning properly. 3. Current level of receptive and expressive communication skills. 4. Measures of academic functioning as well as previous school reports are crucial in evaluating the effects of hearing loss on educational performance. 5. Psychological assessment should be part of the initial assessment process. The cognitive part of the testing may need to be reassessed when the child reaches first or second grade as it is very difficult to assess small deaf children. The psychological assessment should include the following background information: a. Onset and detection of hearing loss 11

12 b. Amplification history c. Additional disabilities d. Medical and educational history e. Communication at home and at school f. Home language g. Effect of child's deafness on other family members 6. Motor Skills - Because meningitis, rubella and other neurologically based deafness may result in vestibular damage, gross and fine motor skills should be assessed by physical education specialists or other qualified professionals. C. EDUCATIONAL CONSIDERATIONS Sensory deprivation of hearing from the prelingual years may result in a delay in language learning. Besides language difficulties, students who are deaf frequently have a significant amount of academic delay. Such delays may be up to three or more years. As the student grows older, social/emotional growth and development may become a significant factor in determining educational needs. The learning environment may need to include: 1. A classroom environment where language delays are addressed. 2. Supports to assist student in academic progress. 3. Opportunities for learning sign language, oral communication or other functional communication system. 4. Availability of sign language interpretation. 5. Visual supports for learning. D. DEAFNESS VS HARD OF HEARING Students with profound hearing loss (90dB hearing level or greater) may be considered deaf ; those with lesser degrees of hearing loss may be considered hard of hearing. E. REFERENCES Program Guidelines for Hearing Impaired Individuals, California State Department of Education; copyright Deaf and Hard of Hearing Program, Ventura County SELPA,

13 EMOTIONAL DISTURBANCE A. DEFINITIONS 1. Federal P.L (IDEA), CFR, 300.8(c)(4) "Emotional Disturbance" is defined as follows: a. A condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree, that adversely affects educational performance: (1) An inability to learn which 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. (5) A tendency to develop physical symptoms or fears associated with personal or school problems. b. The term includes schizophrenia. The term does not include children who are socially maladjusted, unless it is determined that they have an emotional disturbance. 2. State CCR, Title 5, Section 3030(I) Because of a serious emotional disturbance, a pupil exhibits one or more of the following characteristics over a long period of time and to a marked degree, which adversely affects educational performance: a. An inability to learn which cannot be explained by intellectual, sensory or health factors. b. An inability to build or maintain satisfactory interpersonal relationships with peers and teachers. c. Inappropriate types of behavior or feelings under normal circumstances exhibited in several situations. d. A general pervasive mood of unhappiness or depression. 13

14 f. A tendency to develop physical symptoms or fears associated with personal or school problems. B. ASSESSMENT STANDARDS 1. The assessment shall be conducted by a multi-disciplinary team as specified on the Assessment Plan, including a School Psychologist, and may include: a. Summaries of the health and developmental history, school history and educational progress of the pupil. b. A description of the steps previously taken to assist the pupil in the areas of her/his learning, behavioral and/or emotional difficulty and the results of such assistance. c. A report of an observation of the pupil in her/his school situation and a description of the environmental factors and peer and teacher interactions affecting her/his functioning. If the child is less than school age or out of school, the observation shall take place in an environment appropriate for an individual of that age. d. An assessment of the pupil's level of academic performance including measured achievement and classroom functioning. e. An assessment of the pupil s intellectual functioning. f. Consideration of other medical, psychiatric and/or psychological reports, when available. These reports shall not be the basis for final decision of Emotional Disturbance unless they clearly satisfy the educational assessment requirements as outlined herein. 2. The assessment should investigate whether the student exhibits one or more of the following characteristics: a. An inability to learn which cannot be explained by intellectual, sensory or health factors; b. An inability to build or maintain satisfactory interpersonal relationships with peers and teachers; c. Inappropriate types of behavior or feelings under normal circumstances exhibited in several situations; d. A general pervasive mood of unhappiness or depression; or e. A tendency to develop physical symptoms or fears associated with personal or school problems. 4. The disorder may have been considered to have been exhibited over a long period of time if: a. The behavioral characteristics presently existing have been observed for more than six months; b. The behavioral characteristics are not due to situational stress, crisis reaction or temporary adjustment problems; 14

15 c. The age of onset is from age 30 months to 12 years and appears to relate to the serious emotional disturbance or the condition has existed for at least two years. 5. The disability has been exhibited to a marked degree as follows: a. The behavioral characteristics are present in all situations and conditions including in the school, community and home. b. The behavioral characteristics are severe as indicated by their rate of occurrence, intensity and variety. 6. The disability is such that it adversely affects the student s educational performance as: a. Measured by standardized achievement tests reported in scores; and b. Teacher observations, work samples and grade reports reflecting classroom functioning. 7. The disability cannot be defined as a discipline problem as per Education Code Section or the manifestation of a social maladjustment. In general, the socially maladjusted student exhibits: a. Social competency and ability to follow social mores but displays: (1) strong ego; feels is in control; (2) self-reliance; self-confidence to leave home and take care of self for periods of time; (3) functions in school and community as opposed to being helpless, confused or disoriented. b. Defective social relationships as evidenced by behavior that is: (1) irritating, disappointing and distressing to others; (2) rationalizing and projecting the blame; (3) rejection of constituted authority and discipline; (4) in conflict with parents; (5) out of parental control. c. Hedonism combined with unrealistic goals as evidenced by: (1) egocentric, impulsive and irresponsible behavior; (2) low frustration tolerance; (3) poor judgment; (4) lives on pleasure principle. d. Inadequate conscience development as evidenced in: 15

16 (1) lack of anxiety or guilt; (2) inability to profit from mistakes or correction. C. EDUCATIONAL CONSIDERATIONS The learning environment may need to include: 1. Structure and activities in which the student can feel safe in anticipating the expectations of the school day. 2. Classroom staff that understand the disability and are sensitive to its manifestations. 3. A clear set of rules, optimally developed in conjunction with the students themselves. 4. A reinforcement system that emphasizes the learning of new behaviors and coping mechanisms which are socially acceptable. 5. Opportunities to capitalize on the student s strengths and interests. 6. Predictability but flexibility in case of unplanned events. 7. The availability of individual or group counseling, either process counseling to work through underlying emotional issues or manualized counseling to address targeted issues. 8. Strong collaboration with psychiatrists, parents, therapists, and others who may be involved in the student s life. 9. The availability of crisis management intervention that is safe and respectful of students. 10. A process for group problem solving or social autopsies to learn from interpersonal problems that may occur. D. REFERENCES California Programs and Services for Students with Serious Emotional Disturbances, Resources in Special Education; Copyright Identification and Assessment of the Seriously Emotionally Disturbed Child: A Manual for Educational and Mental Health Professionals, California State Department of Education; Copyright Teacher s Toolbox for Behavior Management, Ventura County SELPA, Teaching Social Skills, Ventura County SELPA. 16

17 HEARING IMPAIRMENT A. DEFINITIONS 1. Federal P.L (IDEA), CFR, 300.8(c)(5) "Hearing Impairment" means an impairment in hearing, whether permanent or fluctuating, that adversely affects a child's educational performance but that is not included under the definition of "deafness" in this section. 2. State CCR, Title 5, Section 3030(a) A pupil has a hearing impairment whether permanent or fluctuating, which impairs the processing of linguistic information through hearing, even with amplification, and which adversely affects educational performance. Processing linguistic information includes speech and language reception and speech and language discrimination. B. ASSESSMENT STANDARDS The following are guidelines for individual assessment: 1. The assessment will be conducted by a multi-disciplinary team as specified on the Assessment Plan. 2. Current audiological measures of auditory functioning with and without amplification as determined by a qualified audiologist who documents the loss. Initial entry and triennial assessment shall include tests (and/or modifications of tests as appropriate) which measure air and bone conduction threshold sensitivity, speech audiometry (including measure of speech discrimination and/or auditory comprehension of connected language), impedance measurements, and tests to determine suitability and benefit obtained from personal and group amplification. Ensure that hearing aids worn by pupil are functioning properly. 3. Current level of receptive and expressive communication skills. 4. Measures of academic functioning as well as previous school reports are crucial in evaluating the effects of hearing loss on educational performance. 5. Psychological assessment should be part of the initial assessment process. The cognitive part of the testing may need to be reassessed when the child reaches first or second grade as it is very difficult to assess small children with hearing impairment. The psychological assessment should include the following background information: a. Onset and detection of hearing loss b. Amplification history 17

18 c. Additional disabilities d. Medical and educational history e. Communication at home and at school f. Home language g. Effect of child's hearing impairment on other family members 6. Motor Skills - Because meningitis, rubella and other neurologically based hearing impairment may result in vestibular damage, gross and fine motor skills should be assessed by physical therapists or other qualified professionals. C. EDUCATIONAL CONSIDERATIONS Sensory deprivation of hearing from the prelingual years may result in a delay in language learning. Besides language difficulties, students with hearing impairment frequently have a significant amount of academic delay. Such delays may be up to three or more years. As the student grows older, social/emotional growth and development may become a significant factor in determining educational needs. The learning environment should include: 1. Activities in which language delays are addressed. 2. Supports to assist student in academic progress. 3. Opportunities for learning sign language, Oral Communication, or other functional communication system. 4. Availability of sign language interpretation. 5. Visual supports for learning. D. DEAFNESS VS HARD OF HEARING Students with profound hearing loss (90dB hearing level or greater) may be considered deaf ; those with lesser degrees of hearing loss may be considered hard of hearing. E. REFERENCES Program Guidelines for Hearing Impaired Individuals, California State Department of Education; copyright Deaf and Hard of Hearing Program, Ventura County SELPA,

19 INTELLECTUAL DISABILITIES A. DEFINITIONS 1. Federal P.L (IDEA), Title 34, CFR 300.8(c)(6) "Intellectual Disabilities" means significantly subaverage general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period, that adversely affects a child's educational performance. 2. State CCR, Title 5, Section 3030(h) A pupil has significantly below average general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period, which adversely affects a pupil s educational performance. B. ASSESSMENT STANDARDS The following are guidelines for individual assessment: 1. The assessment will be conducted by a multi-disciplinary team as specified on the Assessment Plan. 2. A student shall be identified as having Intellectual Disabilities when all of the following exist: a. The student s general cognitive functioning is significantly below average in comparison to same age peers.* b. The student s adaptive behavior in school and the community is significantly below average compared to his/her normative age group. c. Based on a comprehensive developmental history, the foregoing were manifested during the developmental period.** d. The combination of significant deficits in adaptive behavior and cognitive functioning adversely affects the pupil s educational performance. * The term "significantly below average" can be interpreted as being at least two standard deviations below the mean. ** The term developmental period refers to the period of time before the child reaches age 18. C. EDUCATIONAL CONSIDERATIONS The learning environment may need to include: 19

20 1. Prioritization of instruction in critical life skills for maximum independence in the areas of eating, self-care, mobility, social and vocational. 2. Systematic instruction of skills using such behavioral techniques as task analysis, chaining, prompting, fading, etc. 3. Application of skills to real life situations as much as possible to give meaning and relevance. 4. Practice and planned generalization of skills across environments. 5. Opportunities to develop language and communication skills. 6. Opportunities to increase relative strengths. 7. Opportunities to interact with peers without disabilities to learn social and language skills from role models. 8. Clear behavioral expectations and standards of behavior. 9. Opportunities to engage in preferred activities. 10. Opportunities to exert choice over activities, people and locations as appropriate. D. REFERENCES Including Students with Moderate/Severe Disabilities in General Education, Guidelines for Hearing Impaired Individuals, Ventura County SELPA Formative Assessment Toolkit, Ventura County SELPA, Functional Skills Curriculum Framework, Ventura County SELPA

21 MULTIPLE DISABILITIES A. DEFINITIONS 1. Federal P.L (IDEA), Title 34, CFR, 300.8(c)(7) Multiple Disabilities means concomitant impairments (such as intellectual disabilities -blindness, intellectual disabilities -orthopedic impairment, etc.), the combination of which causes such severe educational needs that they cannot be accommodated in special education programs solely for one of the impairments. The term does not include deaf-blindness. 1. State No California reference. B. ASSESSMENT STANDARDS Assessment will be conducted by a multidisciplinary team as specified on the Assessment Plan. C. EDUCATIONAL CONSIDERATIONS Considerations are dependent upon the nature of the multiple disabilities. In general, the learning environment may need to include: 1. Supervision, adaptation or modification of physical environment for health or safety of the student. 2. Availability of health and personal care supports. 3. Strategies and supports to address the needs of students with Intellectual Disabilities. 4. Assistive technology supports. 5. Access to Occupational or Physical Therapy if needed to access educational activities or programs. D. REFERENCES Assistive Technology Assessment Center Brochure, Ventura County SELPA, 2011 Educational OT and PT Service Guidelines, Ventura County SELPA, 2007 Educational OT Accommodations for the Classroom, Ventura County SELPA,

22 ORTHOPEDIC IMPAIRMENT A. DEFINITIONS 1. Federal P.L (IDEA), Title 34, CFR, 300.8(c)(8) Orthopedic Impairment means a severe orthopedic impairment that adversely affects a child s educational performance. The term includes impairments caused by congenital anomaly, impairments caused by disease (e.g., poliomyelitis, bone, tuberculosis), and impairments from other causes (e.g., cerebral palsy, amputations, and fractures or burns that cause contractures). 2. State CCR, Title 5, Section 3030(e) A pupil has a severe orthopedic impairment which adversely affects the pupil s educational performance. Such orthopedic impairments include impairments caused by congenital anomaly, impairments cased by disease, and impairments from other causes. B. ASSESSMENT STANDARDS 1. Medical - Written verification of serious orthopedic impairment. 2. Educational - Assessment will be conducted by a multidisciplinary team as specified on the Assessment Plan. C. EDUCATIONAL CONSIDERATIONS The educational environment may need to include: 1. Supervision, adaptation or modification of physical environment for health or safety of the student. 2. Supervision and/or supports for personal care or health needs. 3. Adapted access to educational settings and activities. 4. Access to the full range of curriculum available to peers without disabilities (for students who may have average intelligence). 5. Access to Adapted Physical Education or accommodations to PE program. 6. Access to Physical or Occupational Therapy if needed to access educational activities/environments. 22

23 7. Assistive technology supports. D. REFERENCES Educational Occupational Therapy Service Guidelines, Ventura County SELPA, Guidelines for Occupational Therapy Services in School Systems; California Department of Education Copyright 2nd Edition Inclusive Physical Education Fun and Games for Everyone!, Ventura County SELPA; Program Guidelines for Severely Orthopedically Impaired Individuals, California State Department of Education; Copyright Occupational Therapy Accommodations in the Classroom, Ventura County SELPA, Assistive Technology Assessment Center Brochure, Ventura County SELPA,

24 A. DEFINITIONS 1. Federal OTHER HEALTH IMPAIRMENT P.L (IDEA), Title 34, CFR, 300.8(c)(9) Other health impairment means having limited strength, vitality or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that 2. State (i) Is due to chronic or acute health problems such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette Syndrome; and (ii) Adversely affects a child s educational performance. CCR, Title 5, Section 3030(a) A pupil has limited strength, vitality or alertness, due to chronic or acute health problems, including but not limited to a heart condition, cancer, leukemia, rheumatic fever, chronic kidney disease, cystic fibrosis, severe asthma, epilepsy, lead poisoning, diabetes, tuberculosis and other communicable infectious diseases, and hematological disorders such as sickle cell anemia and hemophilia which adversely affects a pupil s educational performance. In accordance with Section 56026(e) of the Education Code, such physical disabilities shall not be temporary in nature as defined by Section 3001(v). B. ASSESSMENT STANDARDS 1. Medical Written verification of health impairment by the student s primary health provider. 2. Educational a. Assessment will be conducted by a multidisciplinary team as specified on the Assessment Plan. b. The following information shall be reviewed by the Individualized Education Program Team: (1) The type of chronic illness. (2) The possible medical side effects and complications of treatment that could affect school functioning. 24

25 (3) The educational and social implications of the disease and treatment to include but not be limited to the likelihood of fatigue, absences, changes in physical appearance, amputations, or problems with fine and gross motor control. (4) Special considerations necessitated by outbreaks of infectious diseases, if applicable. c. The Individualized Education Program team shall designate the school staff person responsible to communicate with the student s primary health provider. d. Other psychoeducational assessment as appropriate. C. EDUCATIONAL CONSIDERATIONS The educational environment should include: 1. Medical or physical supports to address health needs. 2. Access to general education curriculum in spite of health needs. 3. Ability to take medications at school. 4. Additional supervision on playground or school campus as needed. 5. For students with ADHD: a. A Behavior Support Plan which offers environmental supports to address the student s needs as well as systemic teaching of socially appropriate ways to get his/her needs met. D. REFERENCES b. Adapted instructions and monitoring systems to assist the student in completing work. c. Opportunity for movement or breaks as needed. d. Highly interesting and engaging materials and content, whenever possible. e. Use of student s interests in lessons and as reinforcers. f. Opportunities for choice. Guidelines and Procedures for Meeting the Specialized Physical Health Care Needs of Pupils, California Department of Education, Sacramento; Ways to Help Students with ADHD, Ventura County SELPA

26 SPECIFIC LEARNING DISABILITY A. DEFINITIONS 1. Federal P.L (IDEA), Title 34, CFR 300.8(c)(10) Specific learning disability is defined as follows: General. The term means a disorder in one or more of the basic psychological processes involved in understanding or in 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 conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. Disorders not included. The term does not include learning problems that are primarily the result of visual, hearing, or motor disabilities, of intellectual disabilities, of emotional disturbance, or of environmental, cultural, or economic disadvantage. CFR , , , , Sec Specific learning disabilities. (a) General. A State must adopt, consistent with Sec , criteria for determining whether a child has a specific learning disability as defined in Sec (c)(10). In addition, the criteria adopted by the State-- (1) Must not require the use of a severe discrepancy between intellectual ability and achievement for determining whether a child has a specific learning disability, as defined in Sec (c)(10); (2) Must permit the use of a process based on the child's response to scientific, research-based intervention; and (3) May permit the use of other alternative research-based procedures for determining whether a child has a specific learning disability, as defined in Sec (c)(10). (b) Consistency with State criteria. A public agency must use the State criteria adopted pursuant to paragraph (a) of this section in determining whether a child has a specific learning disability. (Authority: 20 U.S.C. 1221e-3; 1401(30); 1414(b)(6)) 26

27 Sec Additional group members. The determination of whether a child suspected of having a specific learning disability is a child with a disability as defined in Sec , must be made by the child's parents and a team of qualified professionals, which must include- (a) (1) The child's regular teacher; or (2) If the child does not have a regular teacher, a regular classroom teacher qualified to teach a child of his or her age; or (3) For a child of less than school age, an individual qualified by the State Educational Agency to teach a child of his or her age; and (b) At least one person qualified to conduct individual diagnostic examinations of children, such as a school psychologist, speech-language pathologist, or remedial reading teacher. (Authority: 20 U.S.C. 1221e-3; 1401(30); 1414(b)(6)) Sec Determining the existence of a specific learning disability. (a) The group described in Sec may determine that a child has a specific learning disability, as defined in Sec (c)(10), if-- (1) The child does not achieve adequately for the child's age or to meet Stateapproved grade-level standards in one or more of the following areas, when provided with learning experiences and instruction appropriate for the child's age or State-approved grade-level standards: (i) Oral expression. (ii) Listening comprehension. (iii) Written expression. (iv) Basic reading skill. (v) Reading fluency skills. (vi) Reading comprehension. (vii) Mathematics calculation. (viii) Mathematics problem solving. (2) (i) The child does not make sufficient progress to meet age or State-approved grade-level standards in one or more of the areas identified in paragraph (a)(1) of this section when using a process based on the child's response to scientific, research-based intervention; or 27

28 (ii) The child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, State-approved grade-level standards, or intellectual development, that is determined by the group to be relevant to the identification of a specific learning disability, using appropriate assessments, consistent with Sec. Sec and ; and (3) The group determines that its findings under paragraphs (a)(1) and (2) of this section are not primarily the result of-- (i) A visual, hearing, or motor disability; (ii) Intellectual disabilities; (iii) Emotional disturbance; (iv) Cultural factors; (v) Environmental or economic disadvantage; or (vi) Limited English proficiency. (b) To ensure that underachievement in a child suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or math, the group must consider, as part of the evaluation described in Sec. Sec through (1) Data that demonstrate that prior to, or as a part of, the referral process, the child was provided appropriate instruction in regular education settings, delivered by qualified personnel; and (2) Data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment of student progress during instruction, which was provided to the child's parents. (c) The public agency must promptly request parental consent to evaluate the child to determine if the child needs special education and related services, and must adhere to the timeframes described in Sec. Sec and , unless extended by mutual written agreement of the child's parents and a team of qualified professionals, as described in Sec (a)(1)-- (1) If, prior to a referral, a child has not made adequate progress after an appropriate period of time when provided instruction, as described in paragraphs (b)(1) and (b)(2) of this section; and (2) Whenever a child is referred for an evaluation. (Authority: 20 U.S.C. 1221e-3; 1401(30); 1414(b)(6)) 28

29 Sec Observation. (a) The public agency must ensure that the child is observed in the child's learning environment (including the regular classroom setting) to document the child's academic performance and behavior in the areas of difficulty. (b) The group described in Sec (a)(1), in determining whether a child has a specific learning disability, must decide to-- (1) Use information from an observation in routine classroom instruction and monitoring of the child's performance that was done before the child was referred for an evaluation; or (2) Have at least one member of the group described in Sec (a)(1) conduct an observation of the child's academic performance in the regular classroom after the child has been referred for an evaluation and parental consent, consistent with Sec (a), is obtained. (c) In the case of a child of less than school age or out of school, a group member must observe the child in an environment appropriate for a child of that age. (Authority: 20 U.S.C. 1221e-3; 1401(30); 1414(b)(6)) Sec Specific documentation for the eligibility determination. (a) For a child suspected of having a specific learning disability, the documentation of the determination of eligibility, as required in Sec (a)(2), must contain a statement of-- (1) Whether the child has a specific learning disability; (2) The basis for making the determination, including an assurance that the determination has been made in accordance with Sec (c)(1); (3) The relevant behavior, if any, noted during the observation of the child and the relationship of that behavior to the child's academic functioning; (4) The educationally relevant medical findings, if any; (5) Whether: (A) (i) The child does not achieve adequately for the child's age or to meet State-approved grade-level standards consistent with Sec (a)(1); and (ii) The child does not make sufficient progress to meet age or Stateapproved grade-level standards consistent with Sec (a)(2)(i); or 29

30 (B) The child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, State-approved grade level standards or intellectual development consistent with Sec (a)(2)(ii); (6) The determination of the group concerning the effects of a visual, hearing, or motor disability; mental retardation; emotional disturbance; cultural factors; environmental or economic disadvantage; or limited English proficiency on the child's achievement level; and (7) If the child has participated in a process that 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. (b) Each group member must certify in writing whether the report reflects the member's conclusion. If it does not reflect the member's conclusion, the group member must submit a separate statement presenting the member's conclusions. (Authority: 20 U.S.C. 1221e-3; 1401(30); 1414(b)(6)) 2. State a. California Education Code Definition of "Specific Learning Disability" & Determining Whether a Pupil Has a Specific Learning Disability (a) A specific learning disability, as defined in Section 1401(30) of Title 20 of the United States Code, means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or perform mathematical calculations. The term "specific learning disability" includes conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. That term does not include a learning problem that is primarily the result of visual, hearing, or motor disabilities, of mental retardation, of emotional disturbance, or of environmental, cultural, or economic disadvantage. 30

31 (b) Notwithstanding any other provision of law and pursuant to Section 1414(b)(6) of Title 20 of the United States Code, in determining whether a pupil has a specific learning disability as defined in subdivision (a), a local educational agency is not required to take into consideration whether a pupil has a severe discrepancy between achievement and intellectual ability in oral expression, listening comprehension, written expression, basic reading skill, reading comprehension, mathematical calculation, or mathematical reasoning. (c) In determining whether a pupil has a specific learning disability, a local educational agency may use a process that determines if the pupil responds to scientific, research-based intervention as a part of the assessment procedures described in Section 1414(b)(2) and (3) of Title 20 of the United States Code and covered in Sections to , inclusive, of Title 34 of the Code of Federal Regulations. b. California Education Code As used in Section 56337, Specific Learning Disability includes, but is not limited to, disability within the function of vision which results in visual perceptual or visual motor dysfunction. c. California Education Code Specific Learning Disability; Dyslexia or Related Reading Dysfunction (a) A pupil who is assessed as being dyslexic and meets eligibility criteria specified in Section and subdivision (j) of Section 3030 of Title 5 of the California Code of Regulations for the federal Individuals with Disabilities Education Act (20 U.S.C. Sec and following) category of specific learning disabilities is entitled to special education and related services. (b) If a pupil who exhibits the characteristics of dyslexia or another related reading dysfunction is not found to be eligible for special education and related services pursuant to subdivision (a), the pupil s instructional program shall be provided in the regular education program. (c) It is the intent of the Legislature that the program guidelines developed pursuant to Section 2 of Chapter 1501 of the Statutes of 1990, for specific learning disabilities, including dyslexia and other related disorders, be available for use by teachers and parents in order for them to have knowledge of the strategies that can be utilized with pupils for the remediation of the various types of specific learning disabilities. d. CCR, Title 5, 3030 (j) A pupil has a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which may manifest itself in an impaired ability to listen, think, speak, read, write, spell, or do mathematical calculations, and has a severe discrepancy between intellectual 31

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