Part C Evaluation, Eligibility, and Assessment. Compliance Standards Training

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1 Part C Evaluatin, Eligibility, and Assessment Cmpliance Standards Training Divisin f Cmpliance and Assistance Eligibility fr Part C Services Language in new regulatins: The new regulatins make a clear distinctin between evaluatin and assessment. Evaluatin means the prcedures used t determine initial and cntinuing eligibility. Initial evaluatin refers t the evaluatin t determine initial eligibility. See 34 C.F.R (a)(2) Eligibility fr Part C Services Language in new regulatins: Assessment means the nging prcedures t identify the child s unique strengths and needs. Initial assessment means the assessment cnducted prir t the child s initial IFSP [Individualized Family Service Plan] meeting. See 34 C.F.R (a)(2) Eligibility fr Part C Services Language in new regulatins: A child s medical and ther recrds may be used t establish eligibility (withut cnducting an evaluatin f the child) if thse recrds: Indicate that the child s level f functining in ne r mre f the develpmental areas cnstitutes a develpmental delay, r That the child therwise meets the criteria fr an infant r tddler with a disability. See 34 C.F.R (a)(3)(i)

2 Eligibility fr Part C Services Language in new regulatins: Infrmed clinical pinin (ICO) may be used as an independent basis t establish a child s eligibility even if ther instruments d nt establish eligibility. In n event may ICO be used t negate the results f evaluatin instruments which have established eligibility. Eligibility fr Part C Services Changes t Statute: With recent changes in Minnesta Statute 125A.03, clarificatin was prvided t remve age limits n the requirement t prvide a free apprpriate public educatin (FAPE). Categrical disability criteria are n lnger limited t Part B. Eligibility fr Part C Services What this means: Children qualifying using the categrical disabilities in Minn. Rule n lnger need t meet bth Part B and Part C requirements fr due prcess. Includes the requirements fr Part B Prir Written Ntice, Evaluatin Reprt, and an Individualized Educatin Prgram. Eligibility fr Part C Services Pints f Clarificatin: Using the -1.5 standard deviatins, the child must shw a delay in at least ne f the five develpmental areas: cgnitive develpment; physical develpment, including visin and hearing; cmmunicatin develpment; scial r emtinal develpment; and adaptive develpment. Eligibility fr Part C Services Pints f Clarificatin: Determinatin f cnditins with a high prbability f resulting in develpmental delay needs t be dcumented.

3 Find examples f cnditins at Eligibility fr Part C Services Pints f Clarificatin: Help Me Grw MN website als identifies resurces fr prfessinals including a link t the Early Interventin Clrad database. dex.html Eligibility fr Part C Services Pints f Clarificatin: T qualify using ICO, results f the frmal evaluatin measures d nt need t supprt eligibility, but ICO indicates qualitative difference in the child s develpment and why the child is eligible. Remember: ICO cannt be used t negate eligibility. Review and Discuss Please answer the fllwing questins in yur small grups: What infrmatin frm the presentatin did yu already knw? What frm the presentatin was new t yu? Hw will this infrmatin change yur district practices? What still needs clarificatin r what questins d yu still have? Please write yur questins n the Training Participant Questin Frm (blue sheet). Part C Evaluatin and Assessment The fllwing cmpliance areas are included in the Evaluatin sectin f the recrd review: Screening Materials and Prcedures (if applicable) Evaluatin Materials and Prcedures Prcedures fr Assessment f Child and Family Screening Materials and Prcedures (if applicable) Screening prcedures includes the administratin f apprpriate instruments by persnnel trained t administer thse instruments. 34 C.F.R (b)(2)

4 Evaluatin Materials and Prcedures The lead agency must ensure that... each child... receives A timely, cmprehensive, multidisciplinary evaluatin f the child in accrdance with paragraph (b) f this sectin unless eligibility is established [based n medical and ther recrds withut cnducting an evaluatin f the child]. 34 C.F.R (a)(1)(i) Evaluatin Materials and Prcedures- Cmprehensive and Multidisciplinary Pints f Clarificatin: A cmprehensive evaluatin must address all five develpmental areas: cgnitive develpment; physical develpment, including visin and hearing; cmmunicatin develpment; scial r emtinal develpment; and adaptive develpment. Evaluatin Materials and Prcedures- Cmprehensive and Multidisciplinary Pints f Clarificatin: Multidisciplinary means mre than ne discipline is invlved in the evaluatin f the child. Fr purpses f evaluatin and assessment, this may be ne individual qualified in tw disciplines r prfessins. Evaluatin Materials and Prcedures Qualified persnnel must use infrmed clinical pinin when cnducting an evaluatin and assessment f the child. Evaluatin Materials and Prcedures- Infrmed Clinical Opinin Pint f Clarificatin: 34 C.F.R (a)(3)(ii) Infrmed clinical pinin makes use f qualitative and quantitative infrmatin t assist in frming a determinatin regarding difficult-t-measure aspects f current develpmental status and the ptential need fr early interventin. J Shackelfrd, NECTAC Ntes, May 2002

5 Evaluatin Materials and Prcedures All evaluatins... f the child and family must be cnducted by qualified persnnel, in a nndiscriminatry manner, and selected and administered s as nt t be racially r culturally discriminatry. 34 C.F.R (a)(4) Evaluatin Materials and Prcedures- Qualified Persnnel, Nndiscriminatry Pints f Clarificatin: Mst frmal assessment measures have specific examiner qualificatin requirements. Check with the test manual r publisher. This is nt in cmpliance if the evaluatins were nt perfrmed by qualified persnnel. Evaluatin Materials and Prcedures- Qualified Persnnel, Nndiscriminatry Pints f Clarificatin: Based n the referral infrmatin, backgrund f the child, and parent input, if there is infrmatin t suggest racial r cultural factrs exist fr the child and family, dcument in the recrd r in the Prir Written Ntice (PWN) that: The factrs were cnsidered, resulting in changes r accmmdatins t the testing; r The factrs were cnsidered and it was decided n changes r accmmdatins t testing were needed. Evaluatin Materials and Prcedures Unless clearly nt feasible t d s, all evaluatins... f a child must be cnducted in the native language f the child, in accrdance with the definitin f native language in Evaluatin Materials and Prcedures- Native Language Pints f Clarificatin: 34 C.F.R (a)(5) This is a change frm previus regulatins which stated evaluatins needed t be cnducted in the native language f the parent. Native language f the child is the language nrmally used by the child. Evaluatin Materials and Prcedures Required Evaluatin Prcedures:

6 In cnducting an evaluatin, n single prcedure may be used as the sle criterin fr determining a child s eligibility under this part. Prcedures must include Evaluatin Materials and Prcedures-Required Prcedures 34 C.F.R (b) Prcedures [fr evaluating the child] must include Administering an evaluatin instrument... Evaluatin Materials and Prcedures-Required Prcedures 34 C.F.R (b)(1) Prcedures [fr evaluating the child] must include Taking the child s histry (including interviewing the parent)... Evaluatin Materials and Prcedures-Required Prcedures 34 C.F.R (b)(2) Prcedures [fr evaluating the child] must include Identifying the child s level f functining in each f the develpmental areas[: cgnitive develpment, physical develpment, including visin and hearing, cmmunicatin develpment, scial r emtinal develpment, and adaptive develpment.] Evaluatin Materials and Prcedures-Required Prcedures 34 C.F.R (b)(3) Prcedures [fr evaluating the child] must include Gathering infrmatin frm ther surces such as family members, ther caregivers, medical prviders, scial wrkers, and educatrs, if necessary, t understand the full scpe f the child s unique strengths and needs... Evaluatin Materials and Prcedures-Required Prcedures 34 C.F.R (b)(4) Prcedures [fr evaluating the child] must include Reviewing medical, educatinal, r ther recrds. Evaluatin Materials and Prcedures IN SUMMARY 34 C.F.R (b)(5) All evaluatins must include: Using an evaluatin instrument Taking the child s histry

7 Identify child s level f functining in all five develpmental areas Gathering infrmatin frm ther surces, if necessary Reviewing medical, educatinal, r ther recrds Prcedures fr Assessment f Child and Family Pints f Clarificatin: Evaluatin and assessment may ccur simultaneusly. Evaluatin and assessment infrmatin is typically dcumented in the IFSP rather than in a separate Evaluatin Reprt. Assessment f Child and Family An assessment f each infant r tddler with a disability must be cnducted by qualified persnnel in rder t identify the child s unique strengths and needs and the early interventin services apprpriate t meet thse needs. Assessment f Child and Family-Identify Strengths and Needs Pint f Clarificatin: 34 C.F.R (c)(1) The assessment will prvide infrmatin n the child s unique strengths and needs t infrm present levels. Assessment f Child and Family Qualified persnnel must use infrmed clinical pinin when cnducting an... assessment f the child. Assessment f Child and Family 34 C.F.R (a)(3)(ii) All... assessments f the child and family must be cnducted by qualified persnnel, in a nndiscriminatry manner, and selected and administered s as nt t be racially r culturally discriminatry. Assessment f Child and Family 34 C.F.R (a)(4) Unless clearly nt feasible t d s, all... assessments f a child must be cnducted in the native language f the child, in accrdance with the definitin f native language in C.F.R (a)(5)

8 Assessment f Child and Family Specific Requirements Unique t Assessment Prcedures: These prcedures include Assessment f the child, which is required, and Family-directed assessment, which needs t be ffered, but is vluntary n the part f the family. Assessment f Child and Family The assessment f the child must include the fllwing A review f the results f the evaluatin cnducted... Assessment f Child and Family 34 C.F.R (c)(1)(i) The assessment f the child must include the fllwing Persnal bservatins f the child... Assessment f Child and Family 34 C.F.R (c)(1)(ii) The assessment f the child must include the fllwing The identificatin f the child s needs in each f the develpmental areas: [cgnitive develpment, physical develpment, including visin and hearing, cmmunicatin develpment, scial r emtinal develpment, and adaptive develpment]. Assessment f Child and Family 34 C.F.R (c)(1)(iii) A family directed assessment must be cnducted by qualified persnnel in rder t identify the family s resurces, pririties, and cncerns and the supprts and services necessary t enhance the family s capacity t meet the develpmental needs f the family s infant r tddler with a disability. The family-directed assessment must Be based n infrmatin btained thrugh an assessment tl and als thrugh an interview with thse family members wh elect t participate in the assessment... Assessment f Child and Family Pints f Clarificatin: 34 C.F.R (c)(2) The family directed assessment is vluntary n the part f the family. If the family des nt wish t participate, the district must dcument that it was ffered and declined.

9 Assessment f Child and Family Pints f Clarificatin: Base a family directed assessment n infrmatin btained thrugh an assessment tl and an interview. Include the family s descriptin f resurces, pririties, and cncerns related t enhancing the child s develpment. Dcument it n the IFSP. Assessment f Child and Family IN SUMMARY All assessments must include: A review f the results f the evaluatin cnducted Persnal bservatins f the child Identificatin f needs in all five develpmental areas Dcumentatin f family-directed assessment, r that family-directed assessment was ffered and declined by family.