SERVICES FOR STUDENTS WITH SPECIAL NEEDS

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1 XII. SERVICES FOR STUDENTS WITH SPECIAL NEEDS An Intervention Assistance Team (IAT) is a team of professional educators with diverse training and experience who convene to discuss and initiate interventions for students in need of assistance and individualized services. It is a problem-solving group whose purpose is to assist teachers, parents, and others with intervention strategies for dealing with the learning needs and behavior problems of students. The Intervention Assistance Team (IAT) is established to identify instructional recommendations for students having learning difficulties and behavioral or other concerns. The IAT should consider all support services available, such as tutorial, acceleration, compensatory and other services. The IAT may assist the teacher with instructional strategies, or may make program and/or placement recommendations. The IAT usually consists of campus staff members who have been trained in the intervention assistance process. The evaluation specialist, licensed specialist in school psychology (LSSP), and speech therapist can also provide valuable information regarding possible intervention for students when invited to participate in the IAT. The team may meet for any variety of reasons including academic, social, behavioral, and emotional. The IAT coordinates all activities of the campus multi-tiered systems of supports (MTSS). MTSS leverages the principles of Response to Intervention (RtI) and Positive Behavioral Interventions and Supports (PBIS) and further integrates a continuum of system-wide resources, strategies, structures, and practices to offer a comprehensive and responsive framework for systemically addressing barriers to student learning (Florida s Positive Behavior Support Project, 2010). The primary focus of the Intervention Process is the identification and consideration of educational opportunities in the general classroom setting that may resolve a student s academic, social, emotional, communication and/or behavioral problem(s). Intervention Assistance Team Goals 1. Review individual student progress and assess how best to meet their needs. 2. Raise the level of understanding among all staff about student needs and their effects on learning and teaching. 3. Support the teaching staff in its goals of helping each student be academically/behaviorally successful. 4. Provide a systematic method for school staff to refer students experiencing behavioral or academic difficulties for Section 504 or Special Education evaluation. 5. To bring all student services and programs together and promote uniform and consistent efforts in addressing the needs of all students. XII-1

2 The IAT should establish regularly scheduled meetings to ensure that assistance and recommendations are provided to the teacher, student, and parent prior to referral for special education or Section 504 evaluation. The student s response to intervention must be reviewed before a referral for special education or Section 504 evaluation is made. There are cases, however, in which a referral for a special education or Section 504 evaluation should not be delayed and should be completed without the implementation of interventions. Students suspected of disabilities such as vision impairments, hearing impairments, intellectual disabilities, and other developmental disabilities should be referred immediately for Section 504 or special education evaluation. The IAT maintains the Child Find responsibility for each campus and determines when a referral to special education for Section 504 is needed. The IAT usually consists of the following personnel: IAT chairperson Campus administrator or designee; (may also be the chairperson) RTI campus coordinator (may also be the IAT chairperson) Evaluation Specialist, Licensed Specialist in School Psychology, if behavioral issues are a concern; Speech Therapist if language, articulation, fluency or voice issues are a concern Referral source Classroom teacher; and Parent, nurse, counselor, social worker, and campus instructional coordinator. The Intervention Process Includes Three Tiers: Tier 1 Universal interventions: Whole class, general education curriculum. Small Group, general education curriculum. Effective instruction/environment. Differentiated instruction Early intervention. Effective for most students. Tier 2 Selected interventions & progress monitoring: Supplements core curriculum. Use of data to develop interventions. Problem-solving team. Individual/small group. Progress monitoring. Tier 3 Intensive interventions & progress monitoring: Interventions are more intensive and individualized. Function is to find successful intervention. May be required before looking at special education. Progress monitoring Small percentage of student population. XII-2

3 It is important to note that anytime a parent requests a Section 504 or special education evaluation, the campus must convene an IAT to consider the request. At this time, the IAT should review relevant data to either formally refer the student for a Section 504 or special education evaluation or formally refuse the request for evaluation. If the decision of the IAT is to refuse the request, the IAT must complete a Notice of Refusal, document the supporting data, and send the Notice of Refusal along with the Section 504 or special education procedural safeguards to the parent. In addition, HISD maintains the responsibility of evaluating for suspected disabilities through special education for all children and adolescents aged 3-21 living within the boundaries of HISD. Non-enrolled children and adolescents may be referred for a special education evaluation. The campus should always convene an IAT meeting when a parent requests an evaluation for the child or adolescent not enrolled in school. At this time, the IAT should review relevant data to either formally refer the student for Section 504 or special education evaluation or refuse the request for evaluation. If the decision of the IAT is to refuse the request, the IAT must complete a Notice of Refusal, document the supporting data, and send the Notice of Refusal along with the Section 504 or Special Education procedural safeguards to the parent. Dyslexia Program of Services in Relation to the IAT and MTSS With the effective implementation of Response to Intervention (RTI) with the campus Multi-tiered Systems of Support (MTSS) and the use of universal screening in reading (i.e. Istation) to identify each student s level of proficiency three times per year, students who struggle with reading, but are not yet identified as having dyslexia or a reading disability, will have a greater opportunity for intervention and acceleration of achievement. Any time from kindergarten to grade 12 that a student continues to struggle with one or more components of reading, schools must collect additional information about the student current reading abilities and progress made over time in response to intervention. One of the options available that must be considered is the referral for the assessment of dyslexia and/or a related disorder. Due to the Child Find requirements under Section 504 and IDEA, some students will not proceed through all of the steps of a tiered model before being referred for assessment. Cases are considered on an individual basis. XII-3

4 DYSLEXIA Requirements Overview To comply with TEC 7.028(b), TEC and TAC the HISD Board has ensured that HISD has implemented procedures for assessing, identifying and providing appropriate instructional services for students with dyslexia and related disorders. TEC requires that students enrolling in Texas public schools be tested for dyslexia and related disorders at the appropriate times and that each school district provide for the instruction of any student determined to have dyslexia or a related disorder. Each school must provide identified students access to the services of a teacher on their campus trained in dyslexia and related disorders. Due-process procedures are available under the provisions of Section 504 Rehabilitation Act of 1973 or the Individuals with Disabilities Education Improvement Act (IDEIA). CHARACTERISTICS OF DYSLEXIA 1. As defined in TEC (d): "Dyslexia" means a disorder of constitutional origin manifested by a difficulty in learning to read, write, or spell, despite conventional instruction, adequate intelligence, and socio-cultural opportunity. "Related disorders" includes disorders similar to or related to dyslexia such as developmental auditory imperception, dysphasia, specific developmental dyslexia, developmental dysgraphia, and developmental spelling disability. 2. Primary Reading/Spelling Characteristics of Dyslexia: Difficulty reading real words in isolation Difficulty accurately decoding nonsense words Slow, inaccurate, or labored oral reading (lack of reading fluency) Difficulty with learning to spell 3. The reading/spelling characteristics are the result of difficulty with the following: The development of phonological awareness, including segmenting, blending, and manipulating sounds in words Learning the names of letters and their associated sounds Phonological memory (holding information about sounds and words in memory) Rapid naming of familiar objects, colors, or letters of the alphabet 4. Secondary consequences of dyslexia may include the following: Variable difficulty with aspects of reading comprehension Variable difficulty with aspects of written composition A limited amount of time spent in reading activities These difficulties are unexpected for the student s age, educational level, or cognitive abilities. Additionally, there is often a family history of similar difficulties. XII-4

5 IDENTIFICATION AND PLACEMENT OF STUDENTS WITH DYSLEXIA Following a referral for a Section 504 or Special Education dyslexia evaluation the Section 504 committee or Admission, Review and Dismissal (ARD) will determine based on the evaluation if the student has dyslexia and a need for services or support. In Special Education, the student s dyslexia identification must also rise to the level of a Specific Learning Disability (SLD) as defined by the Individuals with Disabilities Education Act (IDEA) to receive Special Education supports and services if no other disability exists. Once a student is identified as having dyslexia or a related disorder and meets placement requirements, an appropriate instructional program is to be provided through Section 504 or Special Education. Students determined by the Section 504 or ARD/IEP committee to require dyslexia instructional support, are to be served in a remedial setting, utilizing individualized, intensive, multi-sensory methods containing reading, writing and spelling components and supplementing the general education reading and language arts instruction as determined appropriate by the Section 504 or ARD Committee. ELEMENTARY DYSLEXIA INSTRUCTIONAL PROGRAMMING AND SERVICES Instruction for students identified as having dyslexia is to include the components of instruction and instructional approaches as indicated in The Dyslexia Handbook Revised 2007: Procedures Concerning Dyslexia and Related Disorders, TEA, February Dyslexia intervention program services are offered in a small class setting that includes reading, writing, and spelling as appropriate to the needs of the student for minutes, 4 to 5 times per week by a teacher trained in appropriate programs and strategies for students having dyslexia. The committee of knowledgeable persons determines the duration and frequency of services. Students may also receive accommodations in the general education classroom setting. Campus level administrators are responsible for implementing the program and its instructional components. REEVALUATION GUIDELINES FOR STUDENTS IDENTIFIED AS HAVING DYSLEXIA Eligible students with disabilities shall be reevaluated every three years by the campus Evaluation Specialist or more frequently if conditions warrant. DYSLEXIA TEACHER REQUIREMENTS Each principal must assign a dyslexia instructional support teacher. Teachers of students with dyslexia and related disorders must have appropriate valid teaching certificates. The identified campus dyslexia instructional support teacher receives training in the components and instructional approaches appropriate for students having dyslexia or a related disorder and programs to meet students needs. XII-5

6 Training for teachers of students with dyslexia involves study beyond that required of a classroom teacher and may be provided by various services providers. Training should include: Understanding the reading process Knowledge of related disorders, appropriate accommodations including remedial strategies Knowledge of the structure of language, including knowledge of: o English speech sound system and its production, o Oral language development, o Stages of spelling development and orthography (spelling patterns) and its relationship to sounds and meaning, and o Grammatical structure. SECTION 504 Section 504 of the Rehabilitation Act of 1973 is a civil rights law that prohibits discrimination on the basis of disability. If a student is disabled under the IDEIA, he/she is also protected from discrimination under Section 504. The law prohibits discrimination against students with disabilities and requires that school districts take affirmative actions (making buildings and programs accessible) when necessary to accommodate students and other persons with disabilities. Students who are disabled under Section 504 only are generally served with accommodations in the general education program. Section 504 students with disabilities must always be served in the Least-Restrictive Environment (LRE). The Office of Civil Rights (OCR) has generally held that if a child s needs cannot be met in general education with accommodations, the student should be referred for evaluation to determine special education eligibility. Section 504 defines a person with a disability as any person (1) who has a physical or mental impairment that substantially limits one or more major life activities without considering the effects of mitigating factors, (2) has a record of such impairment, or (3) is regarded as having such impairment. The second and third components of this definition cannot be used to provide a free, appropriate public education (FAPE) to a student. A physical or mental impairment is defined as (1) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs; respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine; or (2) any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. XII-6

7 Major life activities could include functions such as caring for one s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. This list is not exhaustive. The test for determining if a student is disabled under Section 504 requires the district to answer the following questions: (1) Does the student have a mental or physical impairment? (2) Does the physical or mental impairment affect one or more major life activities? (3) Does the impairment substantially limit one or more major life activity? As of January 1, 2009, school districts, in determining whether a student has a physical or mental impairment that substantially limits that student in a major life activity, must not consider the ameliorating effects of any mitigating measures that student is using. In 504 the focus is on non-discrimination. The language broadly prohibits the denial of public education participation or enjoyment of the benefits offered by public school programs because of a child s disability. Substantially limits is defined as unable to perform a major life activity that the average student in the general population can perform. All referrals for students that are suspected of having disabilities are made through the IAT. The usual referral source is the classroom teacher via the IAT, but other individuals including parents, physicians, or representatives of other agencies may refer a student to the IAT. The campus Section 504 committee must convene annually to review and/or re-evaluate the accommodation plan and determine continued student eligibility. Formal re-evaluation should occur every three years if not previously requested by the teacher or parent/adult student and prior to any significant change of placement. Placement decisions must be made by a group of persons (at least two) who are knowledgeable about the child, the meaning of the evaluation data, the placement options, the least restrictive environment requirements, nonacademic services, extracurricular activities, discipline and issues related to comparable facilities. Decisions about Section 504 eligibility and services should be documented in the student s file and reviewed annually. Parents are given notice and invitation of the time and place of the meeting utilizing the appropriate form. Section 504 students are not exempt from state and district-mandated testing (STAAR, Stanford 10, etc.). Allowable test accommodations may be used for 504 students with disabilities if the students require the accommodations in the classroom on a regular basis. Section 504 mandates specific legal obligations, the first of which is the obligation of nondiscrimination. Compliance requires that the district provide both initial and continuing notice of nondiscrimination on the basis of disability. The notice must also include the district s 504 Coordinator s name, title, address, and telephone number. XII-7

8 In addition, Section 504 requires that school districts have a procedure for addressing grievances. The student and parent have certain due process rights. When the district takes action concerning the identification, evaluation, or placement of a student under Section 504, it must: 1. provide notice (before evaluation, before placement), 2. provide an opportunity for the parent or guardian to examine relevant records, 3. provide an impartial hearing when requested, with opportunity for participation by the parent or guardian and representation by counsel, and 4. provide a review procedure. A manifestation determination (an inquiry into whether a disability-misbehavior link exists) must be made by the campus 504 committee before a 504 only student is expelled or disciplined in a manner that may constitute a significant change in placement. (Suspension for more than 10 days is considered a significant change in placement.) If a link exists, the student cannot be expelled. However, placement within a more restrictive environment that has been designed to correct the behavior is permissible. If there is no link, the student may be expelled, but services may not be eliminated. The exceptions to this procedure relate to a student who carries a weapon to or possesses a weapon at school, on school premises, or to or at a school function under the jurisdiction of the state educational agency (SEA) or the local educational agency (LEA), knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school function under the jurisdiction of an SEA or an LEA, or has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of the SEA or the LEA: SECTION 504 RECORDS Section 504 folders are general education folders and should be kept separate from special education folders. It is recommended these records be included in the student s cumulative folder. The system of record for students served in Section 504 is Section 504 Writer, an application within the EasyIEP system. The principal will maintain the confidentiality of the Section 504 records are kept separate from the cumulative folder, a reference to the records and their location will be placed in the cumulative folder to ensure that the campus with responsibility for the student is aware of Section 504 obligations to the eligible student and that personnel and third-party contractors who have a duty to implement the plan have access to necessary records including the plan itself. XII-8

9 The parents must be allowed to review the folders upon request. The Section 504 folder should be transferred when a student is promoted or transfers to another school. The Section 504 folder will include: Notice to Parents of Evaluation under Section 504 Notice of Section 504 Committee Meeting Section 504 Assessment Team Report Section 504 Accommodation Plan Section 504 Behavior Management Plan (If applicable) Notice to Parents of Reevaluation under Section 504 Notice of Section 504 Eligibility or Non-eligibility The 504 Coordinator for Houston Independent School District is: Michael Webb Office of Special Education Services Child Study 812 West 28 th Street Houston, Texas (713) XII-9

10 SPECIAL EDUCATION The local educational agency (LEA) must ensure that to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are nondisabled. The LEA must ensure that special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. In providing or arranging for the provision of nonacademic and extracurricular services and activities, the LEA must ensure that each child with a disability participates with nondisabled children in the extracurricular services and activities to the maximum extent appropriate to the needs of the child. The ARD committee's placement decision must be based on the child's individualized education program (IEP) in compliance with the SUPPLEMENTARY AIDS AND SERVICES, SPECIAL EDUCATION, RELATED SERVICES framework. PLACEMENT DETERMINATION The ARD committee must provide an explanation of the extent, if any, to which the child will participate with nondisabled children: In the general education class In the general education curriculum In extra-curricular and other non-academic activities Instructional Arrangements The LEA must ensure that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services. The ARD must specify the appropriate instructional arrangement/setting: o Mainstream o Homebound o Hospital class o Speech therapy o Resource room/services o Self-contained (mild, moderate, severe) o Non-public day school o Off home campus o Vocational adjustment class/program o State school for persons with intellectual disabilities o Residential care and treatment facility

11 Eligible students, ages 3 and through age 21, with the following disabilities are served if an educational need is documented: Specific Learning disability (SLD) Deaf-blindness (DB) Speech or language impairment (SI) Intellectual Disability (ID) Emotional disturbance (ED) Autism (AU) Orthopedic impairment (OI) Traumatic brain injury (TBI) Non-categorical early childhood (NCEC) Multiple disabilities (MD) Visual impairment (VI) Auditory impairment (AI) Other health impairment (OHI) The LEA must ensure that a free and appropriate public education (FAPE) is made available from birth to children with visual and auditory impairments. For a child from birth to two years of age, with a visual impairment and/or an auditory impairment, an IFSP meeting must be held in place of an admission, review and dismissal (ARD) committee meeting. Dually identified Special Education and ELL Students who are also long-term English Language Learners (5+ years in Bilingual/ESL programs should be evaluated by the ARD and the LPAC representatives to determine whether the student still needs language support services. If it is determined that the lack of English language development is due to the student s disability, the Special Education/ELL Exit process should be initiated. For further guidance, refer to the Multilingual Programs Department Guidelines at XII- 11

12 SPECIAL EDUCATION ELIGIBILITY In order to claim special education contact hours for funding, documentation for eligibility must be complete and students must be identified; i.e. annual or initial evaluation or re-evaluation and the ARD/IEP committee report must be current. The documentation required establishing eligibility is as follows: The Admissions, Review, and Dismissal/Individualized Education Program (ARD/IEP) Committee must determine the special education needs of the student annually. A special education eligibility folder must be maintained for each eligible student. Documentation to support ARD/IEP committee findings must be maintained in the student's eligibility folder. The ARD/IEP committee determines the need for a complete evaluation or additional assessment to establish continued eligibility at least annually. The student must receive special education services on a regularly scheduled basis (not an "as needed basis"). Students with disabilities may not be assigned a special education instructional setting code for the purpose of contact hours prior to the date of the most recent ARD/IEP committee decision. A student who attends the prekindergarten program for half of the day and a Preschool Program for Children with Disabilities (PPCD) for the other half of the day should have an ADA eligibility code of 1 (eligible for full-day attendance) if the student is eligible for both programs. The student's grade level should be recorded as prekindergarten. For a student who is new to the school district and had been served in special education in the previous district, the ARD/IEP committee may meet when the student registers and may determine that the student is eligible under the following conditions: the parent(s) verify that the student was receiving special education services in the previous school district; the previous school district verifies in writing or by telephone that the student was receiving special education services; special education services are temporary, contingent upon either receipt of valid assessment data from the previous school district or the collection of new assessment data; and a second ARD/IEP committee meeting is held within 30 school days to develop an IEP based on the evaluation data. XII- 12

13 LEAST RESTRICTIVE ENVIRONMENT (LRE) The federal law, Individuals with Disabilities Education Improvement Act (IDEIA) mandates that the primary location of instructional and related services for students with disabilities is general education. Students with disabilities should receive instruction and related services to the maximum extent appropriate with their non-disabled peers and removal from general education environment occurs only if the student s disability prevents her/him from being educated in the general education setting, even with the use of supplementary aids and services. For most students with disabilities, the least restrictive environment (LRE) is in general education. Special education services are provided to the student on a continuum as indicated: general education with consultation services from special education; general education with instructional modifications and/or accommodations; general education with supplementary aids and services from special education; special education instructional services less than 21% of the school day; or special education instructional services at least 21% but less than 50% of the school day; or special education instructional services at least 50% but no more than 60% of the school day; or special education instructional services more than 60% of the school day. Students with disabilities are eligible to participate in all programs, services, extracurricular and co-curricular activities including Advanced Academics, magnet schools, Title 1, school clubs, sports, etc. Progress Reports for Students with Disabilities The ARD committee must include in the child s IEP a description of: How the child s progress toward meeting annual goals will be measured, and When periodic reports on the child s progress toward meeting annual goals will be provided (e.g., quarterly or other periodic reports issued concurrently with report cards) Notice to Parents of Unsatisfactory Performance The LEA must: Provide a conference between parents and teachers Provide notice at least once every 12 weeks of the student s performance in each class or subject; and XII- 13

14 Require that at least once every three weeks, or during the fourth week of each nine-week grading period, to give written notice to a parent or legal guardian of the student's performance in a subject included in the foundation curriculum if the student's performance in the subject is consistently unsatisfactory, as determined by the LEA. Notice to parents regarding unsatisfactory performance must: Provide for the signature of the student s parent, and Be returned to school. Notice to parents of unsatisfactory performance does not apply to a student who: Is 18 years of age or older and who is living at a different residence than the student s parents Is married, pr Has had the disabilities of minority removed for general purposes. The LEA where the student attends must provide a record of the comparisons of annual improvement of student achievement from one school year to the next in a written notice to the student's parent or other person standing in parental relationship. For a student who failed to perform satisfactorily on a required state-mandated assessment, the LEA must include in the notice to the student's parent specific information relating to access to on-line educational resources at the appropriate assessment instrument content level, including released assessment instrument questions and answers. PERSONAL GRADUATION PLAN A principal must designate a guidance counselor, teacher, or other appropriate individual to develop and administer a personal graduation plan for each student in a junior high, middle or high school who requires a personal graduation plan. A personal graduation plan must be developed for each student who Does not perform satisfactorily on a statewide assessment of academic skills; or Is not likely to receive a high school diploma before the fifth school year following the student's enrollment in ninth grade, as determined by the LEA. A personal graduation plan must: Identify educational goals for the student; Include diagnostic information, appropriate monitoring and intervention, and other evaluation strategies; Include an intensive program of instruction; Address participation of the student's parent or guardian, including consideration of the parent's or guardian's educational expectations for the student; XII- 14

15 Provide innovative methods to promote the student's advancement, including flexible scheduling, alternative learning environments, on-line instruction, and other interventions that are proven to accelerate the learning process and have been scientifically validated to improve learning and cognitive ability; and Each LEA is encouraged to establish for each student entering ninth grade a personal graduation plan that identifies a course of study that: Promotes college and workforce effectiveness; Promotes career placement and advancement; and Facilitates the student s transition from secondary to post secondary education STUDENT SUCCESS INITIATIVE and PROMOTION STANDARDS Enacted by the 76 th Texas Legislature in 1999 and modified by the 81 st Texas Legislature in 2009, the Student Success Initiative (SSI) grade advancement requirements apply to enrolled grades 5 and 8 students who take the State of Texas Assessment of Academic Readiness (STAAR ) reading and mathematics tests at grades 5 and 8. As specified by these requirements, a student may advance to the next grade level only by passing these tests or by unanimous decision of his or her grade placement committee that the student is likely to perform at grade level after additional instruction. The ARD committee considers the student s IEP and local policy when determining grade advancement. If the student fails or is absent for testing, the school notifies parents of student s failure or absence and provides the recommended time, date, and type of accelerated instruction and information about the student s possible retention. The accelerated instruction is documented through either an agreement to amend the IEP or an ARD committee meeting. If the student retakes the grade 5 or 8 math assessment and/or grade 5 or 8 reading assessment, the principal notifies teacher and parents of student s failure or absence. Notice must include a description of the purpose and responsibilities of the ARD committee. The school also notifies parents of the recommended accelerated instruction and documents it through either an agreement to amend the IEP or an ARD committee meeting. If it is proposed that the student not participate in the third administration, the ARD committee either agrees to amend the IEP or meets to determine whether the student will retest. If the decision is to retest and the student fails the third administration, the ARD committee meets to determine promotion or retention based upon assessment results, grades, progress toward current goals and objectives, and other facts and circumstances. XII- 15

16 The goal of the SSI is to ensure that all students receive the instruction and support they need to be academically successful in reading and mathematics. This effort depends greatly on schools, parents, and community members working in partnership to meet individual student needs. XII- 16