REFERRAL FOR SPECIAL EDUCATION

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1 REFERRAL FOR SPECIAL EDUCATION For the purpose of this guide, a written referral for Special Education means you are ready to begin the process of determining eligibility. Referrals for special education must be made in writing and should be sent to the Special Education Director. Include a statement within your referral that you want to determine eligibility for special education. Once the referral is received the school has 15 school days to convene a Pupil Evaluation Team (PET). This is the first step in the process of determining eligibility. Refer to Sample Letter titled Request For Referral for Special Education Initial PET Meeting and Educational Evaluation(s) at the end of this Chapter. TIMELINE FOR WRITTEN REFERRAL FOR SPECIAL EDUCATION School provides parental consent form 15 school days after receipt of the written referral. SCHOOL DAYS For a child that has been served by CDS, there will be a transition team meeting scheduled the spring prior to school entry. The CDS site that has been providing services is responsible for notifying the local school district before your child enters public school. The Transitional ECT/PET will review ongoing special education eligibility within the public school setting. The regional site Board is responsible for ensuring that all children age 5 being served by the regional site have transition ECT meetings with the receiving public school no later than spring of the year in which the child becomes eligible for public school. (Chapter 180, IX, (7). Other Reasons For Referrals A kindergarten screening; Through direct assessment or indirect means within the first 30 days of the school year (by classroom observations or academic performance); and During the first 30 days of enrollment for any student transferring into the school district. 3.1

2 A school must have a written policy regarding these referrals and act upon them in a timely manner. All referrals for special education and educational evaluation need to be directed to a PET and a meeting must be convened within 15 school days. The Four Ways Referrals Can Be Made 1. School Staff - professionals (i.e.: teachers, guidance counselors); or School's Team - STAT, CARE, and Staffings; 2. Parents - made in writing directly to the Special Education Director, Principal, or Superintendent; 3. Others - made by professionals external to the school (DHS, DBDS); and 4. CDS - made by CDS personnel prior to enrollment in public school. As a parent you may make a referral to special education for your child at any time. The school cannot require you to access a "pre-referral or "Student Assistance Team process prior to convening a PET Meeting to review your referral. This PET Meeting is the initial meeting to review the referral, review any existing evaluation data and to determine the need for additional evaluations. A school must have a procedure in place that ensures all students between the ages of 3 and 20 years old, who are in need of special education and supportive assistance, are located, evaluated, and identified. FMI: See, MSER, Chapter 101, "Child Find" Section 7.9 for a complete description of the term "all students." Each unit shall develop a written policy, consistent with this rule, regarding referral to the Pupil Evaluation Team. All referrals to the Pupil Evaluation Team will be acted upon in a timely manner and a Pupil Evaluation Team shall convene within 15 school days of the receipt of the referral to review existing evaluation data and determine the need for additional evaluations (see p. 9.8, Determination of Needed Evaluation Data, and p. 9.9, Requirements if Additional Data Are Not Needed). (MSER, Chapter 101, Section 7.7, page 36) If the referral isn't made in writing, there is no way to ensure that the timeline for response will be followed. 3.2

3 What Has Worked For Me As A Teacher Most of my students are already identified when they come to middle school. On occasions when I do receive a referral, special education procedures are followed. I always talk to the parents by phone or in person prior to the PET so they will know what to expect. What Has Worked For Me As a Parent... When I first started talking about my concerns about my child reversing letters, I was told she would grow out of it. When I finally requested in writing that she be referred for testing to find out if she had learning disabilities, we found out how to help her and she got the services she needed. She used to cry and feel badly that she wasn t doing well at school. A year and a half later, she made honor roll and loves school. 3.3

4 PARENTAL CONSENT Parental consent in the form of a signature is required by schools before proceeding with any of the following: An initial evaluation An initial placement in special education Reevaluation New (initial) evaluations not related to previously identified areas of concern Release of educational records Accessing private insurance The reason your consent must be obtained before the school can proceed on any of the activities listed above is to ensure that you have been made aware of all your rights. It is also intended to ensure that you have been fully informed of all the information relevant to the activity for which your consent is being asked. Once your consent has been received, the school may implement the activity. Understand that your consent is voluntary and may be revoked at any time. Be clear about what you are signing. You also have the right to refuse consent on any of the activities listed. You should be aware that if you choose to refuse consent, except in the case of release of education records or accessing your private insurance, the school has the right to initiate Due Process procedures. If it is not possible to obtain parental consent for an initial evaluation or a reevaluation to determine eligibility for special education and supportive services, an administrative unit may use the mediation or hearing procedures described in Part 13, Dispute Resolution Procedures, to determine if the student may be initially evaluated or reevaluated without parental consent. Informed parental consent need not be obtained for reevaluation if the public agency can demonstrate that it has taken reasonable measures to obtain that consent, and the student s parent has failed to respond. (MSER, Chapter 101, Section 9.18, p. 51) 3.4

5 What Has Worked For Me As A Teacher... I make every effort to keep parents involved of the referral and evaluation process. I always try to be mindful of translating test results into language and terms that will be meaningful and understood by parents and others who may be unfamiliar with the language used in evaluations. What Has Worked For Me As A Parent... They told me my child had a speech and language problem at the PET meeting. I believed she had a learning disability. I didn t sign the consent form to initiate special education at the meeting. I took some time to talk with others and understand what it all meant. I eventually signed consent for placement but only after I was clear on what it meant to my daughter s education. 3.5

6 PARENTAL NOTIFICATION The term, "Parental Notification," is different from the term "Parental Consent." Parental Consent requires your signature. Parental Notification means that schools are only required to notify you before proceeding with any of the following: Initial referral to special education; Performance on additional evaluations in already identified areas of concern, copies of which must be provided prior to the Pupil Evaluation Team (PET) meeting; Any PET meeting (initial, on-going/annual, or transitional); Implementation of the Individual Educational Program (IEP); Implementation of an IEP transferred from another school; Any change of special education placement (due to suspension beyond the 10 day limit; the stopping of services; or graduation); Any changes of special education program on the IEP (new services to be implemented; amount or frequency of services to be changed; or goals and objectives to be changed); Changing roles of the parents and student, when the student reaches the age of majority, 18 years of age; and The initiation of Due Process (Dispute Resolution) procedures by the school. Parental Notification must be provided in the language that you most commonly use in your own home. If the school has reason to believe that your native language is not a written language or that you are not a proficient reader they must take appropriate steps to ensure that you fully understand the intent of the notification. Notification must be written in language understandable to the general public. This must be translated orally or by other means to you in your native language or other necessary modes of communication. You must understand the contents of the notification. The school is required to document that these notification requirements have been met. 3.6

7 EVALUATIONS An evaluation is a form of testing or assessment used to help the Pupil Evaluation Team (PET) find out more about the student's ability and achievement levels. Information is collected from a variety of sources as part of this process. The report should offer recommendations that can be used by the PET. There are four different points at which evaluations may be done: To determine the student's eligibility for special education (initial evaluation); To determine the student's continued eligibility for special education (reevaluation); To assess the student's progress and determine what additional supports and modifications may be needed; and To determine if the student should be placed on monitoring status. Initial Evaluation When the PET convenes a meeting to determine eligibility for special education, it will review a variety of information from the parent and school personnel. The PET may also decide that it needs additional information in order to make a decision. If this is the case, the PET will identify which evaluations must be done. The school needs written parental permission (consent) for the initial evaluation to be done. The school provides the parent with a consent form for the initial evaluation within 15 school days of the written referral. School provides consent form within 15 school days of written referral. TIMELINE FOR PARENT CONSENT FORM SCHOOL DAYS It is important to understand that the evaluation process will not begin until the parent signs the consent form. 3.7

8 Consent Form Continued Once the consent form has been signed, the school has 45 school days to complete the evaluation(s) and reconvene a PET to discuss the results. Evaluations recommended by PET completed and PET reconvened within 45 school days. TIMELINE FOR EVALUATIONS SCHOOL DAYS Any evaluations ordered by the PET must be done at no cost to the family. The school may ask to use the parent's private insurance to pay for the evaluations. The decision to agree or disagree to use private insurance does not change the timeline for evaluations to be completed. Additional Evaluations Additional Evaluations may be used to assess the student's progress or revise the Individual Education Program (IEP). Consent will not be needed for additional evaluations related to the identified area of concern. The parent will receive written prior notice of these evaluation(s) with the name and description of each area to be evaluated. Re-Evaluation Parental written consent is also required in the case of reevaluation. Reevaluation is typically conducted at least once every three years or more often, as needed. The purpose of reevaluation is to determine the student's continued eligibility to receive special education. Any such reevaluation must follow the same regulations and professional standards as the initial evaluation. FMI: See MSER, Chapter 101, Section

9 Monitoring Evaluations must also be done before a student can be placed on monitoring status. Monitoring status is limited to one year. Monitoring services shall include regular observations and meetings between a certified special education teacher or certified special education consultant, the student and the student s teacher(s) to discuss the student s program and progress. The frequency of these meetings shall be determined by the PET but will be no less than quarterly. Monitoring services shall be included in the student s Individualized Education Program and the student shall be counted as part of the special education teacher s caseload. Monitoring services shall be limited to no more than one year. (MSER, Chapter 101, Section 5.3, p. 21) 3.9

10 TYPES OF TESTS USED DURING AN EVALUATION Cognitive or Intellectual Ability These tests indicate a student's intellectual potential. They measure general intelligence or academic abilities. Since intelligence can't be seen, they sample behaviors that reflect the concept of intelligence. Achievement These tests provide an overview of a student's skills and establish the degree of abilities/achievement discrepancy. They may include reading, mathematics, written language and spelling. Information Processing These tests are designed to give diagnostic information about perceptual and communication deficits. Speech or Oral Language These tests measure a student's organization of spoken language, understanding and use of grammar and knowledge of vocabulary. Adaptive Behavior These tests measure how well a student can adjust their behavior to the environment and expectations. Personality While not used frequently in schools, these tests help identify problem areas that might interfere with a student's ability to socialize. Learning profiles, interest inventories, observations, and other measures are more commonly used to provide additional information about a child. Remember, tests are only one part of a full and individual evaluation. 3.10

11 QUESTIONS YOU MIGHT WANT TO ASK THE EVALUATOR How long does the evaluation take? A comprehensive evaluation may take about five to six hours or more. Very short evaluations (one to two hours) may be primarily screening experiences and will not provide complete information. What kind of information will be provided at the end of the evaluation? You should find out ability levels, achievement levels, types of processing deficits, strengths, needs, types of instruction that could be most effective and specific recommendations for the classroom teacher, remediation (educational program) and the family. What is your level of training and experience? The person(s) doing the evaluation should have experience and training working with children, knowledge of the suspected problem areas and experience using assessment instruments and explaining the results. What types of test will be used? It is important to have more than an IQ test and a screening test for achievement. The most important considerations are: all areas are assessed, more than one test is used in the areas of deficit, and the specific deficits are considered in selecting and/ or interpreting the intelligence measures. How much does the evaluation cost? Public school evaluations are done without cost to the family. The cost of private evaluations varies considerably. It is important to ask what is included in the fee and if classroom observation is available. Does the evaluation include some consideration of attention? Although the actual diagnosis of Attention Deficit Hyperactivity Disorder/Attention Deficit Disorder (ADHD/ADD) is usually made by a physician, the psychoeducational evaluation can be helpful in documenting the presence or absence of a problem with attention, and its impact on the child's ability to learn. Who provides information about my child for the evaluation? It is important that the evaluator(s) have as much information about the student as possible. Knowing exactly what kinds of problems there are is important to interpret the results of the evaluation and in making recommendations. Information should be collected from school personnel, parents, physicians, or any other professional who has contact with the student and/or knows the history of the problem(s). 3.11

12 Who should get the evaluation report? Parents are in control of who receives reports. The parent must give permission for the report to be sent to the appropriate people. It will be helpful for school personnel as well as professionals who are or will be working with the student to receive copies of reports. What if I don't understand the report? Whether the evaluation is done in the public school or privately, it is the evaluator's job to make certain that the results are understood. It is your responsibility to continue to ask for clarification. It is important for the parent to have the evaluation report and to understand the reasons for the recommendations in the report prior to the PET Meeting. How often should the student be evaluated? Public schools typically reevaluate every three years. It is important for you to keep up with the progress. You should keep copies of all reports, scores, report cards, progress reports and some work samples. This is helpful information for further evaluations, giving history of the problem, and determining services for your child. What should/can I do if I disagree? Parents and the classroom teacher should recognize the student when the evaluators discuss the assessment results with you. When the results don't describe the student accurately, the evaluator is probably missing some valuable information. Additional and/or different testing may be required. 3.12

13 EVALUATION PROCEDURES In performing evaluations, a school must follow these procedures: Use qualified personnel; Use a variety of assessment tools and strategies; Use information provided by parents; Use information related to involvement and progress in the general curriculum; Use technically sound instruments; Use more than a single procedure as the sole basis for determination; and Use information from a classroom observation. Any initial evaluation or reevaluation of a student shall include an observation of the student s educational performance in the regular classroom setting or other area as identified by the PET or administrative unit by an evaluator other than the student s regular teacher. The student observation shall compare the student s educational performance with other students of comparable age and identify those issues that are adversely affecting the student s ability to benefit from the regular education program. In the case of a student of less than school age, out of school or not in a regular education placement, the observation shall be made in a chronologically age-appropriate environment. (MSER, Chapter 101, Section 9.6, p. 45) In some cases, the PET may decide that no additional information is needed to determine the student's initial or continued eligibility for special education. The PET might feel that there is enough information already on file, which might include information provided by you from evaluations you contracted for prior to the PET. You should note that it is your choice as to whether or not you wish to share such information. If you disagree with the PET's decision not to conduct any further evaluations, or you disagree with the results of the evaluation completed by the school, you have the right to request an Independent Educational Evaluation (IEE). As a parent you are entitled to receive a copy of the evaluation report (or any other reports) in a reasonable time prior to the PET at which these will be discussed. 3.13

14 Be sure to review the evaluation(s) results before you attend the PET meeting. Reading reports that are written in professional language and that highlight your child's limitations can be difficult. Try to schedule a meeting with the evaluator to discuss their findings before the PET meeting. Make sure that the information in the report is explained to everyone at the PET meeting. Ask questions about anything you do not understand. Keep asking for explanations until you understand and are able to be an equal participant in the decisions that might stem from the report results. It is Important to Remember 3.14 Written parental consent is required before initial evaluation(s) related to the identified area of concern can be performed. Parental consent is not required for additional evaluations related to the identified area of concern; however, parents must be notified prior to and informed of the results of any evaluations performed. Parental consent is required for what are referred to as reevaluations, commonly used to determine a child's continued eligibility for special education. These formal evaluations are generally performed every 3 years but are not limited to that time frame. Information from a variety of sources must be considered as part of the evaluation. Any member of the PET may request an evaluation at any time, as needed. If you disagree with the results of the school's evaluation, you have the right to obtain an IEE. The evaluation becomes part of the educational record and all requirements of Family Education Rights & Privacy Act (FERPA) apply. Parents should keep copies of all evaluation results in their child's Homefile. Members of the PET should review evaluation results before a PET meeting. What Other Parents Have Found Helpful Dealing With Evaluations... Understand your rights before signing for initial evaluations. Understand what tests will be used and what information will be gained from each test. Prepare your child for testing by telling them why they are being tested. For example, "They are testing you to find out more about how you learn. This will help them teach you in a way that will help you learn better." What Has Worked For Me As A Teacher... In addition to making sure parents understand the referral and testing process; and because I work with older students, I also spend time making sure students understand the purpose of testing, and with parental approval, I discuss what test results mean (how learning is impacted).

15 INDEPENDENT EDUCATIONAL EVALUATION (IEE) Evaluations should provide a clear picture of a student's needs and recommendations for how to accommodate the special education needs within the Individual Educational Program (IEP). If there is a disagreement with the results of an evaluation performed by the school parents have the right to obtain an Independent Educational Evaluation (IEE). Requests for IEEs must be submitted in writing to the Special Education Director (or other administrator, such as the principal, superintendent, or Pupil Evaluation Team (PET) Coordinator). Once the school receives the request, it can respond in one of two ways: The school must support your request for an IEE at public expense (which means there is no cost to parents) and provide you with information about qualified evaluators and appropriate fees, or The school must request a Due Process Hearing to show that its evaluation is appropriate. MSER, Chapter 101, states that the school must respond, "without unnecessary delay, not to exceed 30 days from the date the Independent Educational Evaluation was requested." TIMELINE FOR INDEPENDENT EDUCATIONAL EVALUATIONS School responds to written parent request for IEE within 30 school days. SCHOOL DAYS All IEEs must be considered by the PET. An IEE must be performed by a qualified evaluator who is not an employee of the administrative unit (school). Qualified individuals in private practice under contract with the school who have not previously evaluated, instructed, or provided consultation regarding the student are eligible to provide an IEE. 3.15

16 The same regulations and professional standards apply for IEEs. Be sure the evaluator is familiar with MSER, Chapter 101, Section 9.13 standards to ensure that the findings will be considered by the PET. Payment Considerations If the school agrees to provide the IEE, it must be provided at public expense. The parent may also obtain an IEE from a qualified evaluator and submit the bill to the school. However, if this is done, there is no guarantee that the bill will be paid. If the school believes that the evaluation conducted by the school was adequate or that the privately obtained IEE does not meet the required MSER, Chapter 101, Section 9.13 standards, they can request a Due Process Hearing. The Due Process Hearing is the last step in the process of determining who will pay for an IEE. Parents are under no obligation to request an IEE prior to exercising their right to obtain one. What Has Worked For Me As A Parent... "I had good health coverage and decided to get an Independent Educational Evaluation. Although I am not sure if she will be eligible to receive special education, we have gained valuable information about her strengths and needs. Her teacher and I have both tried some of the modifications suggested by the evaluator." "One of my children has very complex needs. I take him to a specialist often to gain insight into possible ways to deal with both his learning and medical needs. Although the school is not responsible for paying for some of these specialists, I share reports with the school when they may help educators better understand and meet his needs." "Certain learning and processing difficulties "run" in my family. I am familiar with evaluators in my area who are good at evaluating and suggesting modifications for the kinds of learning issues my child faces. My school district agreed to pay for an Independent Educational Evaluation after I explained the need for this evaluation in writing." 3.16

17 Steps in the Special Education Process 13. Re-Evaluation may be done as needed (minimally every 3 years) 1 2. PET reviews progress and revises IEP 11. School implements IEP measures progress and reports to parents 1 0. PET determines Least Restricted Environment 9. PET determines Assistive Devices 8. PET determines Modifications & Accommodations 7. PET decides IEP Services frequency, duration and provider 6. PET writes Individual Educational Program (IEP) with measurable goals and objectives 5. PET decides eligibility & identification 4. Independent Educational Evaluation only if requested by parents 3. School Evaluations to find out student's present level and needs 2. Referral to Pupil Evaluation Team (PET) this must be made in writing 1. Screening is a mandatory brief evaluation of a child before entering Kindergarten 3.17