Office of Special Education Reference Guide

Transcription

1 Office of Special Education Reference Guide 1200 First Street, NE Washington, DC T F dcps.dc.gov

2 Introduction... 3 Message from DCPS... 3 Purpose and Structure of this Guide... 4 Special Education Philosophy and Concepts... 5 Special Education in DCPS... 5 The Special Education Flow Chart... 5 Vision Guiding Principles... 5 Expectations for the School... 7 Critical Concepts in Special Education... 8 Inclusive and Integrated Learning for Students with Disabilities... 8 Legal Standards for IDEA Eligibility Legal Frameworks Toolkit for Student Interventions Building Trust and Confidence with Parents Co- Teaching DIBELS Intervention Strategies Outside of the Special Education Process Special Education Data System (SEDS) Special Education Procedures and Guidelines The IEP Timeline IEP Procedures: The Seven Steps Related Services District of Columbia Public Schools Page 2 of 40

3 Introduction Message from DCPS As educators, we share a common goal: to provide a quality education to every student, OUR MISSION To do whatever it takes to make sure students with disabilities become successful adults, who have good careers, live independently, and are engaged with the community. regardless of their capabilities and needs. Providing effective educational services to children with special needs is a unique challenge, and a critical objective of this administration. DCPS is investing extensive resources to reform and update our special education system. At one level, these reforms are necessary to comply with federal and local laws, meet our obligations in ongoing court cases, and avoid costly and unnecessary litigation. But they also have a broader goal: to ensure that our school system is flexible, adaptable, and consistent in providing superior educational services to students with special needs. This update to the Special Education Reference Guide is one step in that direction. This manual, along with training and support from the Office of Special Education, will help inform administrators, school- based staff, teachers, related service providers, and others who have responsibilities for special education about the current requirements, procedures, and expectations surrounding special education within DCPS. It is our expectation that, with the aid of this guide and related support, the DCPS special education system will become better than it has ever been. District of Columbia Public Schools Page 3 of 40

4 Purpose and Structure of this Guide This Guide is intended to be your primary reference tool in addressing the needs of students with disabilities. It is broken into two parts. The first articulates the philosophy of special education, as well as the key concepts behind the laws and procedures that shape special education. Every member of DCPS, from administrators to classroom teachers to special educators and support staff, must recognize and embrace these concepts for our system to succeed. The second part provides clear guidelines and defined procedures that must be followed as part of the special education process. Many of these procedures are dictated by law, and all of them must be followed consistently. To facilitate the task of meeting procedural requirements, the Guide aims to make the necessary guidelines as simple and clear as possible. Your feedback will help us meet this goal. The Guide also includes a glossary and several appendices that provide additional detail related to definitions, laws, and services you will need to be familiar with. The glossary in particular can be a handy resource for recognizing acronyms and understanding the technical meaning of words and ideas commonly used in the special education process. The glossary can be found near the end of the Guide. District of Columbia Public Schools Page 4 of 40

5 Special Education Philosophy and Concepts Special Education in DCPS The Special Education Flow Chart Every child is unique, and so the Special Education process must be flexible enough to meet a wide variety of needs. At it's root, however, the process has seven critical steps that must be undertaken consistently. Vision DCPS and the Office of the State Superintendent of Education (OSSE) have developed a vision and adopted a set of expectations related to special education within the District of Columbia. This vision, combined with the core beliefs mentioned in the introduction, form the foundation for how we view our schools, our students, and ourselves as we work together to improve the outcomes for every child we serve. VISION AND DCPS CORE BELIEFS: WHAT SHOULD SPECIAL EDUCATION ACCOMPLISH? DCPS Special Education should accomplish the following: 1. Excellent Education. Students with disabilities will receive an excellent education. 2. Success. Students with disabilities will become successful adults, achieving meaningful careers, living independently, and engaged in their community. 3. Inclusion. Students with disabilities will be educated in classrooms with their non- disabled peers and participate fully in school life. Guiding Principles The vision and beliefs adopted by DCPS have practical impacts on the manner in which special education is administered in your school. Below are numerous examples of how to apply the core beliefs. SCHOOL CLIMATE Processes and procedures are only a component of effectively serving our students with special needs. A school that fosters an environment of caring, respect, and support for all our students clears a path for success. 1. Create a Positive Climate. Encourage a safe and respectful learning environment among students and staff. District of Columbia Public Schools Page 5 of 40

6 2. Advocate for Learning. Teachers and service providers should empower students to become advocates for their own learning, including by modeling and connecting them to school and community supports. 3. Embrace Family Involvement. Parents are deeply involved in the school, and should be viewed as team members in implementing positive behavior support. Family advocacy is welcome and supported. 4. Keep Students in the Fold. Students should receive needed services and supports to avoid suspension, expulsion, arrest, and dropping out. EARLY INTERVENTION The first step in the special education process is identifying students with special needs. The principle of early intervention encourages teachers and support staff to look for academic or behavior problems and react quickly to provide the services and supports the child needs. 1. Early Identification. Students having academic or behavior problems are identified through a school based process and provided the services and supports they need. 2. School- Based Student Support Process. Each school will have a core group of professionals that will lead the work around all areas of student support and that will be responsible for responding quickly to identified student needs. More information on this process and on Student Support Teams (SSTs) can be found in the section Toolkit for Student Interventions. 3. Response to Parent Requests. If desired by the parents, students with suspected disabilities should be evaluated for eligibility for special education. Note: If the parent requests evaluation, they must be performed, and should not be delayed by performing only the SST process. The SST and evaluation for eligibility for special education process should occur simultaneously in order to provide support for the student and gather data for the eligibility determination. 4. Identify Appropriate Wraparound Services. Students whose behavior issues are beyond the expertise of the Student Support Team or other in- school supports should be referred for wraparound services, (e.g. psychological evaluation, therapeutic support, therapy outside the school setting, behavior specialist consult.) IEPs Individualized Education Plans (IEPs) are the centerpiece of special education. As you develop IEPs, consider the following principles. 1. Set Ambitious Goals. Ambitious goals are necessary for the academic achievement and personal growth of students with disabilities. The goals should set high expectations for students and should be supported by clear descriptions of the knowledge to be taught, including measurable performance indicators. IEPs District of Columbia Public Schools Page 6 of 40

7 enable students to gain the skills they need to graduate and seek further schooling, hold a good job, live independently, and be engaged in their community. 2. Ensure Effective Instruction. Students with disabilities must be taught by competent staff using effective instructional practices. 3. Work Together for the Student. IEPs must be based on the specific needs of the student. The student s education team members should use both qualitative and quantitative information to develop a shared understanding of the student s strengths, needs, interests and preferences, as well as a shared plan of interventions and supports. Teams must regularly assess progress and modify plans when desired progress is not being made. Any member of the team, including a parent, may convene a meeting to consider modifications to the plan. 4. Make Use of Differentiated Instruction. Teachers and service providers should respond to each student s short- and long- term goals, developing individualized academic and therapeutic strategies to meet those goals. Teachers must be flexible in their approach to teaching and adjust presentation of information to all learners in the classroom. 5. Respect the Role of Parents. Parents are respected members of the IEP team whose insights and recommendations are valued. They should receive the support they need to participate as team members, including transportation, child care, interpreter services and pre- meeting briefings. 6. Prepare for Transitions. IEPs should prepare students for transitions, including between schools and from the school system. They must also strive to identify community- based supports and resources. IEP teams must ensure that students in nonpublic placements are able to maintain ties with their home school and community. AYP Students with disabilities should be expected to participate in statewide academic achievement assessments, such as the DC Comprehensive Assessment (DCCAS), with appropriate accommodations. In exceptional cases, students with disabilities participate in an alternate assessment. Expectations for the School While teachers implement the special education process, they must be supported appropriately by their schools. Every school must have structures in place to meet the needs of their students as well as the teachers that serve them. 1. Unified Purpose. Principals, school staff, and service providers must work together to ensure implementation of the vision, beliefs, and guiding principles of special education, as well as the proper execution of special education procedures. 2. Highly- Skilled Teachers and Service Providers. Schools must have proper resources to address students with special needs. These include teachers and service providers that have proven records in helping District of Columbia Public Schools Page 7 of 40

8 students with disabilities meet ambitious goals through school, community, and family- based interventions. These teachers should also be rewarded for their accomplishments. 3. Professional Development. School staff must receive coaching and training to educate their children with special needs according to DCPS principles. 4. Adequate Staff. Each school must have sufficient staff to ensure timely development and implementation of individualized plans, including SST plans, IEP plans, and wraparound service plans. 5. Access to Services. Schools must provide access, in a timely fashion, to the services needed to implement IEP plans, SST plans, and wraparound service plans. 6. Interagency Collaboration. When a student is involved in other public service systems, representatives of those systems are encouraged and supported to participate in the SST, IEP, and wraparound services planning process. Information will be shared as desired by the parent. 7. Dispute Resolution. Schools must timely and collaboratively resolve disputes with parents concerning instruction or services. 8. Monitoring. Schools must actively monitor and evaluate the quality of instruction and services provided students with disabilities, and actively participate in district- wide performance evaluation activities. Schools should use the information to improve instruction and services. Critical Concepts in Special Education Inclusive and Integrated Learning for Students with Disabilities The Inclusion Belief: Inclusion is the fundamental belief that all students can thrive academically and socially in the neighborhood school. One of the components of the DCPS vision is inclusion. All teachers and support staff can benefit from a clear understanding of what inclusion means, and how it should be implemented. Federal Regulations 116(e) What does inclusive and integrated learning mean? The concept of inclusion is to ensure that children with disabilities are educated alongside their non- disabled peers to the greatest extent possible. Inclusive and integrated learning environments broadly discourage the use of: 1. special classes 2. separate schools District of Columbia Public Schools Page 8 of 40

9 3. other educational approaches that remove students with disabilities from the general education environment Segregation of a student with special needs should only occur rarely and only when the nature or severity of a student s disability is such that educating the student in the general education environment, with the use of supplementary aids and services, cannot be satisfactorily achieved. The law does not allow a student to be removed from the general education environment solely because the general curriculum needs to be modified for the student. The Office of the State Superintendent of Education (OSSE) and DCPS expect children with disabilities residing in the District of Columbia to be educated in an inclusive environment. Why is this issue a priority? Students in the District of Columbia are sent to the most segregated non- public settings at a higher rate than any other school jurisdiction in the country. This is inconsistent with the vision and goals of DCPS and with the best interests of the students. Congress enacted IDEA to bring parents, students, and schools together in a collaborative effort to promote student achievement and success. When a student attends his or her neighborhood school, the school is able to serve as a single point of contact for the student and the student s parents. This central role helps schools build relationships with students and parents, improving service delivery and promoting better communication. Schools (and school systems) that do not effectively practice inclusive and integrated learning shut the door on this communication and encourage a belief that the school is inadequate to meet the needs of its students. DCPS has enacted many reforms to improve our schools. One element of this effort is to restore a positive image of DCPS as an effective school system one that is routinely capable of serving students in their neighborhood schools and in inclusive classrooms. Moreover, DCPS believes that inclusive learning leads to better educational outcomes for students with disabilities, preparing them for independent living, higher education, and gainful employment. What are inclusive schools? IDEA 612(a)(1)(A) IDEA 612(a)(5)(A) DCMR (4) An inclusive school or classroom is an educational setting in which all students have an equal opportunity to benefit from the curriculum and become a part of the larger school community regardless of individual strengths or needs. District of Columbia Public Schools Page 9 of 40

10 Inclusive schools do not simply check off boxes and provide pre- packaged answers to students and families with individual needs. No school system can achieve success by operating in a cookie- cutter fashion. Rather, the inclusive school prioritizes the individual student s needs. What is easiest or best for a school, a teacher, an administrator, or a district is not a part of the equation. In practice, many classes within a school may include students that require special services. Inclusive schools are prepared to provide services such as: 1. classroom accommodations 2. amendments to the curriculum 3. services brought into the classroom 4. pulling the student out of the classroom for specialized instruction 5. other arrangements that will allow the student to benefit from the curriculum The Office of the State Superintendent of Education (OSSE) has also given technical guidelines on educating children in inclusive environments. These guidelines can be found in the Appendix. For more on the OSSE Inclusion Policy, see their website at How does inclusive and integrated learning impact the decision to use non- public schools? To meet the requirements of IDEA, as well as the civil rights of the student, it is not adequate to move directly from basic special needs eligibility tests to selection of a non- public school to serve the child. The special education process must be engaged, and the child s school must seek accommodations that will allow the child to be educated in the least restrictive environment, as close to his or her home, as reasonably possible. Keeping a student with special needs in the general education environment conveys significant benefits to the student, as well as to non- disabled students and the school at large. Public schools offer social opportunities, life skills, and electives that may be limited or missing from non- public environments. In addition, it allows the school to build and support effective resources within the public school setting that can benefit all students. While it is perfectly appropriate to send a student to a non- public school for services that are beyond the current capacity of DCPS, it is not appropriate to do so on the mere suspicion that DCPS cannot serve the child. Even when an individual school is not able to serve a particular student s needs, it does not follow that the needed service or specialized support cannot be brought to that school, or that no other DCPS school can serve the student. DCPS has many public school options to offer students, such as Schoolwide Applications Model schools (SAM schools), Full Service schools, and individual schools with specialized supports in place. If no school within DCPS, even with additional supports and services, can serve the student, only then should the discussion turn toward what other setting can appropriately serve the student. District of Columbia Public Schools Page 10 of 40

11 Legal Standards for IDEA Eligibility Determining eligibility under IDEA is one step in the special education process for students, but it also plays a larger role in the school system s legal requirements regarding special education. The eligibility test, as reflected in the framework of IDEA, is meant to ensure that federal funding for special education is only spent on students who are eligible to receive various safeguards and services under IDEA. States not following IDEA requirements are subject to having their federal funding reduced or eliminated. IDEA 612(a) Eligibility s Two- Part Test Not every student with a disability is automatically eligible for special education services (including the funding that makes the services possible). Under IDEA, eligibility is a two- part test. Federal Regulations 323(c)(1) 1. Does the student have an IDEA- defined disability? and 2. Does the disability require special education and related services? A student who has a disability listed in IDEA is eligible for special education and related services if the disability adversely affects the student s educational performance to the extent that special education and services are necessary for the child to receive a free, appropriate public education (FAPE). If the answer to both of those questions is yes, then the student is eligible for special education and related services and an IEP must be developed. If a student is found ineligible for special education, the student s team should determine if he or she may be eligible for accommodations under Section 504, the Americans with Disabilities Act, or other state and federal laws, and refer the issue to the SST. An eligibility meeting is used to determine whether a student s disability adversely affects his or her educational performance, and if that adverse effect requires services for the student to receive an appropriate education. The meeting will be discussed in more detail in Part II Procedures and Guidelines. IDEA 602(3)(B) IDEA 614(a)(1)(C)(i) IDEA 614(d)(3)(E) District of Columbia Public Schools Page 11 of 40

12 Disability Classifications IDEA provides a specific list of disability types that are necessary for a student to be eligible for special education. Technical definitions of each category, including information on cases where they do not apply, can be found in the glossary of this guide. Autism Deaf- Blindness Deafness Emotional Disturbance Hearing Impairment Intellectual Disability Multiple Disbilities Orthopedic Impairment Specific Learning Disability Traumatic Brain Injury Speech/Language Impairment Visual Impairment Other Health Impairment If, after reviewing the appropriate assessments, a student is determined to have one of these defined disabilities, then the answer to the first eligibility question is yes. If not, the student will not be eligible for special education and related services under IDEA. There is an exception, however, for certain cases of developmental delay. IDEA 602(3)(B) Developmental Delay In addition to the specific disabilities listed above, IDEA allows special education services to be provided if a child is found to be experiencing a developmental delay. The developmental delay classification is also recognized in the District of Columbia Municipal Regulations (DCMR), and DC school staff must consider it in appropriate cases. A child aged 3 through 9 may be considered a child with a disability if measurements and testing indicate the child has a developmental delay in one or more of the following areas: 1. physical development 2. cognitive development 3. communication development 4. social or emotional development 5. adaptive development Note: The DCMR allows Developmental Delay to be considered only for a child aged 3 to 7. It is DCPS policy to follow the DCMR in this area. Developmental delay may be invoked if a child s performance (as measured by appropriate standardized diagnostic instruments and procedures) in any of these areas (with the exception of social or emotional by itself) is at least two years below a child s chronological age, and/or at least two standard deviations District of Columbia Public Schools Page 12 of 40

13 below the mean. As with other disability classifications, children with developmental delays are eligible for special education services only if their needs are because of the developmental delays. Note: No child shall be classified as having developmental delay based solely on deficits in the area of social and/or emotional development. Developmental delay" also does not apply to children that classify under the IDEA list of disability types (see above). Students who are not eligible for services under IDEA may qualify for other services or protections that are not part of the special education process. See the section of the Guide titled Intervention Strategies Outside of the Special Education Process for more information. Legal Frameworks Most procedures in the special education process come from federal and state regulations. These rules attempt to create a system to help schools service students with special needs in an orderly and accountable way. They also form the framework that government authorities use to determine where and how they will allocate federal funds for special education. Specific actions required by law will be detailed in Part II of the guide, and the Appendix presents many of the specific regulations that dictate special education requirements. It can be beneficial, however, to become familiar with some of the terms that are used throughout the special education process. DCMR The District of Columbia Municipal Regulations (DCMR) are the state- level regulations for the District. These regulations frequently provide greater detail on the legal requirements of federal laws. Title 5 of the DCMR pertains to education, and chapter 30 of Title 5 pertains specifically to special education issues. Individuals with Disabilities Education Act (IDEA) The Individuals with Disabilities Education Act (IDEA), is the federal law that drives most special education issues. More information about the Act can be found in the Appendix. Section 504 of the Rehabilitation Act of 1973 Section 504 is a civil rights law designed to protect individuals with disabilities from discrimination and to provide students with disabilities the same educational opportunities as their non- disabled peers. Section 504 also affords students with disabilities the right to FAPE. Protection under Section 504 is monitored by the US Department of Education Office of Civil Rights. It applies to all aspects of a student s education, including classroom instruction, disciplinary actions, district and state assessments, and extra- curricular programs. District of Columbia Public Schools Page 13 of 40

14 Free Appropriate Public Education (FAPE) Free appropriate public education or FAPE means special education and related services that: Are provided at public expense, under public supervision and direction, and without charge; Meet the standards of the SEA, including the requirements of this part; Include an appropriate preschool, elementary school, or secondary school education in the State involved; and Are provided in conformity with an individualized education program (IEP) that meets the requirements of Sec. Sec through IDEA Sec Free appropriate public education. (Authority: 20 U.S.C. 1401(9)) FAPE Requirements Under Section 504 of The Rehabilitation Act of 1973 Section 504 of the Rehabilitation Act of 1973 protects the rights of individuals with disabilities in programs and activities that receive federal funds. Section 504 provides that: No otherwise qualified individual with a disability in the United States... shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance... The Section 504 regulation requires a school district to provide a free appropriate public education (FAPE) to each qualified person with a disability who is in the school district s jurisdiction, regardless of the nature or severity of the person s disability. FAPE504.html DCPS policies on inclusive and integrated learning are designed in part to meet the requirements of FAPE. Hearing Officer Determinations (HOD) Hearing officer determinations are legally binding orders issued by an impartial hearing officer as a result of a due process complaint. All HODs that find a denial of FAPE require action on the part of DCPS. Coordinators must review all HODs immediately and ensure that every element of the HOD is implemented within the given timeframes. Expediters at the central office will assist Coordinators to ensure that all HODs are implemented appropriately. Settlement Agreements (SA) An SA is very similar to an HOD, except that SAs are created by an agreement between DCPS and the parent, whereas HODs are ordered by a hearing officer. SAs are legally binding agreements. All SAs require action on the part of DCPS. Coordinators must review all SAs immediately and ensure that every element of the SA is implemented within the given timeframes. Expediters at the central office will assist Coordinators to ensure that all SAs are implemented appropriately. Toolkit for Student Interventions Building Trust and Confidence with Parents It is important to work cooperatively and knowledgeably with parents at every stage of the special education process. But it is especially vital at the beginning of the process, at the point where you are determining a student s needs. The approach you The early stages of the special education process should be about listening to District of Columbia Public Schools Page 14 of 40

15 take at this critical juncture can go a long way toward determining whether your relationship with the parents will be collaborative or adversarial. parent concerns, building rapport with the parent, and developing a team attitude. The early stages should be about listening to parent concerns, building rapport with the parent, and developing a team attitude around serving the student s needs. The special education process can generate confusion and anxiety, so it is helpful to explain the various steps and roles before the process begins. Effective communication can be as simple as: 1. being available to answer questions 2. listening to parent concerns 3. being courteous and professional 4. offering information 5. responsiveness This is also the time when creative thinking and problem solving can be used to develop early intervention strategies that can improve the student s long- term success. When parents are given the time, consideration, understanding, and information that a professional educator can offer, the long- term relationship with that parent is far more likely to be one of trust and cooperation as opposed to anger and litigation. Co- Teaching Providing specialized instruction that meets the needs of all students in inclusive settings requires collaboration and shared accountability. Co- teaching is a successful model for achieving these goals. General and special educators must recognize that both are responsible for the development of every child in their classroom. In the optimal co- teaching classroom, general and special educators and/or related service providers co- teach, co- plan, and co- grade such that it is virtually indistinguishable which teacher is the general education teacher and which is the special education teacher and/or related service provider. To facilitate a harmonious relationship, general and special education teachers should identify each other s roles within the classroom, and how those roles interact. Other districts have adopted terms such as content experts for general educators and learning strategists for special educators to help provide clarity around roles. No matter what title co- teachers decide to adopt, both must assume responsibility for all students and must actively work together within the classroom. They must also prepare together outside the classroom. Co- teachers District of Columbia Public Schools Page 15 of 40

16 should collaboratively: develop a multilevel curriculum co- design lesson plans with appropriate strategies for all students articulate in their lesson plan specifically how differentiation, re- teaching, and enrichment will occur. DIBELS Special Education Students and DIBELS The Dynamic Indicators of Basic Early Literacy Skills (DIBELS) is a progress monitoring system that is used to assess phonemic awareness, alphabetical principle, accuracy and fluency, vocabulary, and comprehension. DIBELS should be administered to almost all students who are learning to read in English and who are physically capable of taking the tests. DIBELS may not be appropriate for a very small group of students who are deaf, students who are completely nonverbal, and those who are unable to engage in the assessment process due to certain characteristics of Autism. Thus, the vast majority of DCPS students with IEPs in grades K- 5 should be assessed using DIBELS. If you have questions about the appropriateness of the DIBELS assessment for a specific student, please contact Nancy Moser in the Office of Specialized Education [email protected] DIBELS Informs and Supports Special Education DIBELS data is especially important for students receiving special education services to help assess how they are responding to the specialized instruction hours in their IEPs. The data collected from DIBELS is appropriate to bring to annual IEP meetings to discuss a student's present levels of performance. During the DIBELS benchmark screening of all K- 5 students, all students should be administered grade- level materials. When progress monitoring, teachers can use materials at the student's instructional- level if the grade- level materials are too difficult to show response to instruction. Please remember, DIBELS is not designed to assign grades to students. Rather, DIBLES is designed to determine which students need additional support and to evaluate how students are responding to intervention. Therefore, the assessments should be administered exactly as designed (i.e. timed). Intervention Strategies Outside of the Special Education Process When a child is struggling, teachers need effective intervention strategies to restore the child to the path of academic success. The special education process, which follows IDEA guidelines, is one alternative. But there are other strategies to aid students that can be used prior to or as an alternative to the special education process. They include: District of Columbia Public Schools Page 16 of 40

17 1. Child Find 2. Student Support Teams 3. Section 504 of the Rehabilitation Act of 1973 The correct tool for a given situation will depend on a child s unique circumstances their age, disabilities, and requirements. In many cases, multiple strategies will be used. Under the law, these strategies must be exercised to the fullest extent possible to help children with special needs succeed. It is the responsibility of all DCPS staff to use these strategies correctly. 1. Child Find Child Find s goal is to identify and appropriately serve the educational needs of all eligible children that are experiencing academic or developmental delays. Child Find requires that all children with disabilities including infants and toddlers be identified, located, and evaluated. It also requires that practical methods be developed to implement services for these children. It applies to all children, including those who are homeless or wards of the state. Children with disabilities attending private, charter, or religious schools, regardless of their disabilities, are included in the scope of Child Find. [Note: Students parentally placed in private and religious schools are served by the Private and Religious Office (PRO)]. School staff should contact the PRO office for more information. A Child Find screening may be requested by anyone who has a concern about a child s development, including family members, doctors, school staff, child care providers, and other agencies. The developmental issues that Child Find screens for include: Difficulty understanding directions at an age- appropriate level Difficulty seeing or hearing Speech that is not understood by family or friends Social, emotional or behavioral difficulties that affect the ability to learn Unexplained difficulty with reading, writing, math, or other school subjects Any health or medical disorder that interferes with, or eventually will interfere with, development and learning Staff must be on the lookout for students they suspect may have a developmental delay. For school age students, the Student Support Team process should be undertaken. For children ages 3-5, the Child Find process will be coordinated with the Early Stages Center, for children ages 3-5. Staff members are encouraged to contact the Early Stages Center for additional information. IDEA 612(a)(3)(A) Rehabilitation Act 504 (a) District of Columbia Public Schools Page 17 of 40

18 2. Student Support Teams (SST) - School- Based Student Support Process Each school will have a core group of professionals that will lead the work around all areas of student support in the building. For each area of student support, at least one individual will be identified as a resource. The group will include but not be limited to these personnel: administrator guidance counselor social worker school mental health professionals nurse math and literacy coaches attendance counselor As individuals, these professionals will serve as resources for teachers, and they will suggest targeted strategies and interventions in their area of expertise. As a group, they will meet regularly to collaborate and address more complex cases of individual students who require targeted support. Each school will have a process to implement a Student Support Team (SST) meeting. The student support team meeting results in a formalized level of targeted support for students: a time- limited, individual intervention plan for students. Note: If a parent and/or teacher requests an evaluation, the request triggers the special education process timeline and evaluations must begin. However, at the same time, the school should proceed with the SST process of providing targeted interventions for the child and gathering response to intervention data. In preparation for the SST team meeting, staff should ensure that appropriate information is compiled. Cases will most often be discussed first by the core leadership team. This pre- meeting serves to (1) ensure that the full range of professional input is gathered and synthesized in advance and (2) create a more focused and personalized conversation between the parent, teachers, and any other staff directly involved with the student. One individual in each school will be responsible for chairing the student support core team. 3. Section 504 What is Section 504? IDEA 613(f) Section 504 is part of the Federal Rehabilitation Act of 1973, enacted by Congress and reauthorized in January 2009, which protects individuals with disabilities against discrimination in services, programs, and activities administered by any entity that receives federal funds including public schools. Section 504 states: District of Columbia Public Schools Page 18 of 40

19 No otherwise qualified individual with a disability in the United States shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. - Title 34 Education Subtitle B Regulations of the Offices of the Department of Education Chapter I - - Office for Civil Rights, Department of Education Part Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance Which Students Are Eligible for Section 504? Section 504 and the ADA provide specific protections for qualified individuals with a disability. There are three categories that may qualify someone as an individual with a disability. These are: 1. A person who has a physical or mental impairment which substantially limits one or more major life activities; 2. A person who has a record of such an impairment; or 3. A person who is regarded as having such impairment. Rehabilitation Act 504(a) Rehabilitation Act 504(b) Rehabilitation Act 7(a) Major Life Activities Major life activities are defined in the law as activities considered important to daily life. The law includes a long list of major life activities, but it is not exclusive. The listed categories are: Caring for oneself Performing Manual Tasks Seeing Hearing Eating Sleeping Walking Standing Lifting Bending Speaking Breathing Learning Reading Concentrating Thinking Communicating Working; and The operation of a major bodily function. The operation of a major bodily function at the end of the list above includes, but is not limited to the operation of the following bodily functions: 1. Function of the immune system; 2. Normal cell growth; 3. Digestive; District of Columbia Public Schools Page 19 of 40

20 4. Bowel; 5. Bladder; 6. Neurological; 7. Brain; 8. Respiratory; 9. Circulatory; 10. Endocrine; and 11. Reproductive function. Referrals to 504 Any parent, legal guardian or school staff member may initiate a referral of student who is believed to be a child with a disability under Section 504. An adult student of eligible school age also may initiate such a referral for him or herself. These referrals should be directed to the building 504 coordinator or the building principal. Eligibility Determination Determination of Section 504 eligibility must be made on a case- by- case basis. The 504 Plan Upon determination that a student is eligible for 504 the 504 team will develop a 504 Plan. The Team may determine that an eligible student does not at the time of the determination require any accommodations and/or related aids or services. The team would then write a 504 Accommodation Plan specifying that no aids or services are needed at this time. Or The Team may determine that an eligible student does require accommodations and/or related aids or services. The team would then write a 504 Accommodation Plan specifying accommodations or related aids or services that are needed. The 504 Team will meet annually to review all 504 plans, both those with accommodations and those that do not include accommodations. All students identified under Section 504 must be re- evaluated no less than every three years to determine their continued eligibility. If a student continues to remain eligible, the 504 team will determine their continued need for accommodations or related aides and/or services. District of Columbia Public Schools Page 20 of 40

21 Special Education Data System (SEDS) SEDS Training Modules DCPS has developed a series of online training modules designed to support school- level staff required to use the OSSE Special Education Data System (SEDS) to track key metrics for students with disabilities. The online SEDS training modules are intended for Special Education Teachers, Related Service Providers, and School Administrators. The training courses for these groups include a series of separate modules, which each feature a video tutorial and assessment focused on a separate component of SEDS. All school- level staff has the ability to access SEDS prior to training with a view- only user account. Upon completion of the training modules and an online end of course assessment, school staff can be provided with full access to SEDS. If the module assessments are not completed with an 80% pass rate or better, an in- person training session will be required as follow- up. The SEDS online training modules can be accessed at: A companion guide and video instructions for using the modules are also available on this site. If you would like to request login information for a SEDS user account or have questions or concerns regarding these online training modules please contact: [email protected] SEDS Information and Support Below are additional links for SEDS information and support. SEDS Log- In Instructions SEDS Training Manual District of Columbia Public Schools Page 21 of 40

22 District of Columbia Public Schools Page 22 of 40

23 Special Education Procedures and Guidelines The IEP Timeline The IEP team is responsible for completing all necessary steps of the IEP Process within predetermined time limits. The timeline below indicates the maximum amount of time each step requires to complete. IEP Process (Initial Evaluation) Event Referral for Evaluation Review Referral Request Complete Analyzing Existing Data Gain Consent to Evaluate Order Assessment Complete All Assessments Review Assessment Results Assessment Summary Schedule IEP Meeting Send out Evaluation Summary Hold IEP Meeting Total Maximum Days per event days or less IEP Procedures: The Seven Steps Individualized Education Program (IEP) The Individualized Education Program (IEP) is the cornerstone of the Individuals with Disabilities Education Improvement Act (IDEA). The purpose of the IEP is to ensure that all students with disabilities receive a free and appropriate public education in the least restrictive environment. Each student who is found eligible for special education and related services under IDEA will have a unique IEP. According to IDEA, an IEP must include: 1. A statement of the child s present levels of academic achievement and functional performance (PLAAFP) 2. A statement of measurable annual goals, including academic and functional goals 3. A statement of how the student s progress toward meeting the annual goals will be measured and when periodic reports on the progress will be provided to parents (e.g. quarterly, concurrent with the issuance of report cards) District of Columbia Public Schools Page 23 of 40

24 4. A statement of the special education, related services, and supplementary aides and services, based on peer- reviewed research to the extent practicable, to be provided to the student and a statement of the program modifications and supports for school personnel 5. An explanation of the extent, if any, to which the child will not participate with nondisabled students in the general education classroom 6. A statement of any individual appropriate accommodations that are necessary to measure the academic and functional performance of the student on the DC- CAS or a statement of why a student cannot participate in the DC- CAS and justification for the selection of the DC- CAS Alt was selected 7. The projected start date of services and modifications and the anticipated frequency, location, and duration of those services and modifications 8. Prior to the student turning 16 years of age, a statement of appropriate measurable postsecondary goals based on age appropriate transition assessments and transitions services needed to assist the student in reach those goals IEP Team An IEP team drafts the IEP. The IEP team is responsible for identifying and evaluating children with disabilities, for developing, reviewing, or revising IEPs, and for determining the least restrictive environment (LRE) where the child can receive the supports and services identified in his/her IEP. The IDEA has clearly outlined the persons who are required to be a part of the IEP team as well as additional persons who are permitted, but not required to attend an IEP team meeting. A member of the IEP Team (not including the parent/guardian or student if appropriate) can be excused from all or part of an IEP team meeting, if the parent and DCPS agree in writing that the attendance of the member is not necessary. Any member who is excused from all or part of an IEP team meeting must submit in writing to the parent and the IEP Team input into the development of the IEP prior to the meeting. The IEP Team Member Excusal Form in SEDS (currently located in the eligibility process in the eligibility determination section) is the proper form to document the excusal of an IEP team member. Included on the form is a place for the excused member to submit input. This form should be faxed into SEDS. Please note: Multidisciplinary Team (MDT) is no longer the appropriate name for the team that determines the student s eligibility and initial IEP. Please refer to this team as the IEP team. IDEA Required IEP Team Members The student s parent or guardian A special education teacher A general education teacher A representative of DC Public Schools (typically the Special Education Coordinator) A person who is qualified to interpret assessment results The child, when appropriate (required for transition planning) Optional IEP Team Members District of Columbia Public Schools Page 24 of 40

25 Related service providers (as appropriate and at the discretion of the parent or school) A person with expertise in assistive technology For transition planning, a representative of an agency that is likely to be involved with providing transition services (e.g. Department of Disability Services (DDS)) For students transitioning from Part C, a Part C service coordinator or provider Related Services What are related services? Related services means transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education. The following list outlines several types of services that are commonly used to assist a child to learn in a general education or a special education environment. While these are the services most commonly included in IEPs, this list is not exhaustive and other services or interventions should be considered as necessary to meet each individual child s needs. Audiology: Services designed to address audiology disabilities include: identification of children with auditory impairment using at-risk criteria and appropriate audiological screening techniques; determination of the range, nature, and degree of hearing loss and communication functions by use of audiological evaluation procedures; referral for medical and other services necessary for the habilitation or rehabilitation of children with auditory impairments; provision of auditory training, aural rehabilitation, speech reading and listening device orientation and training, and other services; provision of services for prevention of hearing loss; and determination of the child's need for individual amplification, including selecting, fitting and dispensing appropriate listening and vibro-tactile devices, and evaluating the effectiveness of those devices. Health Services: Some services related to health and medical issues may be necessary to enable a child to participate in and benefit from the curriculum. clean intermittent catheterization, tracheotomy care, tube feeding, changing of dressings or colostomy collection bags, a dedicated aide, District of Columbia Public Schools Page 25 of 40

26 consultation by physicians with other service providers concerning the special health care needs of eligible children, and other health services. The term Health Services does not include the following: services that are surgical in nature (such as cleft palate surgery, surgery for club foot, or the shunting of hydrocephalus); services that are purely medical in nature (such as hospitalization for management of congenital heart disease ailments, or the prescribing of medicine or drugs for any purpose); devices necessary to control or treat a medical condition; and medical-health services (such as immunizations and regular "well-baby" care) that are routinely recommended for all children Medical Services: Medical services are only for diagnostic or evaluation purposes and must be provided by a licensed physician to determine a child's developmental or disability status for the determination of eligibility. This is intended for such medical issues as sickle cell disease, diabetes, etc. Medical services do not include psychiatric, neuro-psychiatric, or neurological evaluations. Nursing Services include: the assessment of health status for the purpose of providing nursing care, including the identification of patterns of human response to actual or potential health problems; provision of nursing care to prevent health problems, restore or improve functioning, and promote optimal health and development; and administration of medication, treatments, and regimens prescribed by a licensed physician. Occupational Therapy: OT services may address the functional needs of a child related to the performance of self-help skills, adaptive behavior and play, and sensory, motor, and postural development. These services are designed to improve the child's functional ability to perform tasks at home, school, and community settings, and may include: identification, assessment, and intervention; adaptation of the environment; selection, design and fabrication of assistive and orthotic devices to facilitate development and promote the acquisition of functional skills; prevention or minimization of the impact of initial or future impairment, delay in development, or loss of functional ability. Physical Therapy: PT services may address the promotion of sensori-motor function through enhancement of musculoskeletal status, neurobehavioral organization, perceptual and motor District of Columbia Public Schools Page 26 of 40

27 development, cardiopulmonary status, and effective environmental adaptation. Specific PT services may include: screening, evaluation, and assessment of children to identify suspected movement dysfunction and related functional problems; obtaining, interpreting, and integrating information appropriate to provider planning to prevent, alleviate, or compensate for movement dysfunction and related functional problems; and providing individual and group services or treatment to prevent, alleviate, or compensate for movement dysfunction and related functional problems. Psychological Services include: administering psychological and developmental tests, and other assessment procedures; interpreting assessment results; obtaining, integrating, and interpreting information about child behavior, and child and family conditions related to learning, mental health, and development; planning and managing a provider of psychological services, including psychological counseling for children and parents, family counseling, consultation on child development, parent training, and education providers. Social Work Services include: making home visits to evaluate a child's living conditions and patterns of parent-child interaction; preparing a social or emotional developmental assessment of the child in the context of the family and the school environment; providing individual and group counseling with student and appropriate social skill building activities; working with those child on issues the child faces at school, at home, in the community, and elsewhere that affect the child's ability to participate in and benefit from the curriculum; and identifying, mobilizing, and coordinating community resources and services to enable the child and family to receive maximum benefit from services. Orientation and Mobility Services include: evaluation and assessment of visual functioning, including the diagnosis and appraisal of specific visual disorders, delays, and abilities; referral for medical or other professional services necessary for the habilitation or rehabilitation of visual functioning disorders, or both; communication skills training; District of Columbia Public Schools Page 27 of 40

28 orientation and mobility training for all environments; visual training; independent living skills training; and additional training necessary to activate visual motor abilities. Speech-Language Pathology includes: identification of children with communicative disorders and delays in development of communication skills, including the diagnosis and appraisal of specific disorders and delays in those skills; referral for medical or other professional services necessary for the habilitation or rehabilitation of children with communicative disorders and delays in development of communication skills; and provision of services for the habilitation, rehabilitation, or prevention of communicative disorders and delays in development of communication skills. Transportation and Related Costs includes the cost of travel (e.g. mileage, or travel by Metro, bus, taxi, or other means) and related costs (e.g. tolls and parking expenses) that are necessary to enable an eligible child and the child's family to receive FAPE. IDEA 602(26)(A) Assistive Technology While not technically services in an IEP, items related to assistive technology may also be necessary for certain students. Assistive Technology Device: Any item, piece of equipment, product, or system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of children with disabilities. To identify, obtain, and use assistive technology devices, schools may need to provide for the following: evaluating of the needs of a child with a disability, including a functional evaluation of the child in the child's customary environment; purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by children with disabilities selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices training or technical assistance for professionals (including individuals providing early intervention services), or other individuals who provide services to, employ, or are otherwise substantially involved in the major life function of individuals with disabilities. training or technical assistance for a child with disabilities or, if appropriate, that child's family; and training or technical assistance for professionals (including individuals providing early intervention services), or other individuals who provide services to, employ, or are otherwise substantially involved in the major life function of individuals with disabilities. District of Columbia Public Schools Page 28 of 40

29 Guidelines for Accessing Related Services Once related services have been determined as a component of a student s IEP or are ordered by HOD or SA, it is essential that these services are scheduled to begin as soon as possible. Getting necessary services to the students who need them is perhaps the most critical aspect of implementing IEPs and complying with HODs and SAs. This is a critical responsibility of the SEC. Within 2 school days of the creation of an IEP, an IEP amendment, or notice of an HOD or SA requiring services, the SEC must meet with the student s teachers and the related services program manager to: Schedule for the services Determine the start date for the services Develop a plan for monitoring the provision of the services Assign those services to a provider in SEDS Guidelines for Caseload Management By the first day of school, Special Education Coordinators (SEC) must identify all students who require related services as per their IEP. This identification process includes: Type of service, Related Service Provider (RSP) assigned to the student Beginning date of service Intensity of service (e.g. one 60-minute session per week) During the first two weeks of school, Related Service Providers must: Check with the SEC at each of their assigned schools to ensure they have all of the students on their caseload assigned to them in SEDS. If RSPs have difficulty engaging their SEC in this process, they should contact the OSSE SEDS (EasyIEP) Call Center ( Monday- Friday, 7:30am-6:00pm) for assistance in appropriately assigning students to their caseload and immediately notify their Program Manager via . Identify any students the RSP does not have the capacity to serve. Supply this information to their Program Manager immediately to ensure the Program Manager is aware of the capacity issue at the school. Please click on the link below to access the guidelines document: Guidelines for Caseload Management Guidelines for IEP Service Documentation DCPS, the Centers for Medicare and Medicaid (CMS) and the Office of the State Superintendent for Education (OSSE) have established a best practice service delivery documentation system. Related Service Providers should document the services they provide or attempt to provide pursuant to the IEP District of Columbia Public Schools Page 29 of 40

30 within the same school day those services were scheduled to occur. your program manager if barriers exist for daily documentation of services. We recognize there may be challenges (e.g. incorporating time to collaborate with teachers and parents) that could prevent you from providing daily documentation 100% of the time. Therefore, DCPS has established a definitive due date for documenting services provided during a school week. Definitive Due Date for Documenting Services: All services provided in a school week must be documented by noon on the Monday of the following school week. If school is closed Monday then documentation is due by noon of the next school week. For example, 60 minutes of speech/language services provided on Friday from 2:00 p.m. to 3:00 p.m. should be documented by noon that upcoming Monday. Please click on the link below to access the guidelines document: Guidelines for IEP Service Documentation Guidelines for Documenting Untimely Assessments and Due Diligence The purpose of these Guidelines is to provide guidance when assessments are not conducted in a timely manner due to the student s absence, truancy, or refusal to participate or attend, lack of or withdrawal of parental consent for evaluation/reevaluation, or incomplete assessment. Please click on the link below to access the guidelines document: Documenting Untimely Assessments and Due Diligence Guidelines Guidelines for Documenting Missed Related Service Sessions and Due Diligence The purpose of these Guidelines is to provide guidance related to when a missed related service session(s) must be made up, how to document missed, make-up, and attempts to make up service sessions, and timelines by which the sessions are to be made up. Please click on the link below to access the guidelines document: Documenting Missed Related Service Sessions and Due Diligence Memorandum on Ordering RSA Assessments The purpose of this memorandum is to clarify requirements for students to receive vocational rehabilitation transition services through the Rehabilitation Services Administration (RSA). District of Columbia Public Schools Page 30 of 40

31 Please click on the link below to access the guidelines document: Ordering RSA Assessments Memorandum on PSAT/SAT Assessments The purpose of this memorandum is to clarify District of Columbia Public Schools' (DCPS) role regarding formal assessments for a student with disability to receive accommodations for the PSAT/SAT examination. District of Columbia Public Schools Page 31 of 40

32 Glossary This glossary contains many of the terms and acronyms that are commonly used for special education matters. The definitions that follow are derived from IDEA, the DCMR, and DCPS practice. Accommodation: A change in the classroom/learning environment intended to give a student with a disability access to what the class is learning. A few examples of accommodations include: having a student with vision or hearing issues sit closer to the teacher, repeating directions or providing directions in writing for students with attention disorders, and allowing extra bathroom breaks for a student with a medical issue. An accommodation allows a student to complete the same assignment, activity, or test as other students, but with a change in the timing, formatting, setting, scheduling, response, and/or presentation. Accommodations do not alter or lower in any significant way what the test or assignment measures. Adaptation/Modification: The adaptation of content, methodology, or delivery of instruction, as appropriate, to address the unique needs of a student with a disability in order to ensure access to the general curriculum so that the student can meet the educational standards that apply to each student within the jurisdiction of the District. A modification is an adjustment to an assignment, activity, or test that changes the content, standard, or what the test or assignment is supposed to measure. Students receiving modifications may not be able to receive equivalent grades and/or credits as other students, and therefore the impact of modifications needs to be carefully considered. Annual Review: The annual review is a meeting where the IEP team reviews the progress made towards the IEP goals and objectives. The annual review typically takes place along with the development of a revised IEP. If the revised IEP cannot be developed at the same time for some reason, a separate IEP meeting can be held to develop the IEP as long as it is completed prior to the expiration date of the current IEP. Annual reviews by the 504 team are also required to review the 504 Plan. Assessment: Assessments include testing and data collection that a team may use as a part of the overall evaluation process of a student to determine if a student has a disability, is eligible for special education and related services or not, and to determine the educational needs of a child for the creation of an IEP. The term evaluation is often used to mean assessment, such as in the term independent educational evaluation. It is more accurate to refer to specific testing as an assessment and to use the term evaluation to mean the overall process of determining disability, eligibility, and/or educational and service needs) based on a variety of information that may or may not include an assessment. Behavior Intervention Plan (BIP): A student who exhibits behaviors that interfere with his or her learning or require disciplinary action will be placed on a behavior intervention plan. Once a functional behavioral assessment (FBA see below) is done, the specialist who conducted the assessment works with the child s school to come up with a plan to manage the child s behavior. The BIP uses information from the FBA to create systems for encouraging good behavior, to identify and teach more appropriate replacement behaviors and to develop an effective plan for reducing the frequency or severity of problem behaviors. Business Day: A business day means a day for which the DC government is open for business. Child: An individual between the ages of three and twenty- two. A child may or may not be a student depending on age or other status, however, the terms child and student will frequently be used interchangeably. See Student. Child Find: Child Find s goal is to identify and appropriately serve the educational needs of all eligible children with District of Columbia Public Schools Page 32 of 40

33 disabilities while they are young in order to address their needs and help them learn from an early age. Child Find requires that all children with disabilities residing in the District of Columbia, including children with disabilities who are homeless or wards of the State and children with disabilities attending private schools, regardless of the severity of their disabilities, and who are in need of special education and related services, are identified, located, and evaluated and a practical method is developed to implement needed special education and related services for children with disabilities. Cluster Supervisor: Supervises a group of neighborhood schools within DC, along with their special education coordinators and special education instructors, to ensure that all special education students enrolled in those schools are receiving quality services that are tailored to their needs. Day: Anytime the word day is used, it means a calendar day which includes all weekends, holidays, and days that school is or is not in session. If something other than a calendar day is intended, it will be specifically indicated as a school day or a business day. DCMR: The District of Columbia Municipal Regulations (DCMR) are the state level regulations for the District of Columbia. State regulations frequently provide greater detail and state- specific information on the legal requirements of federal laws. Title 5 of the DCMR pertains to education. Chapter 30 of Title 5 pertains specifically to special education issues. DCPS: The District of Columbia Public Schools Developmental Delay: IDEA allows states to recognize a disability category of developmental delay, and this category is recognized in the District of Columbia in the DCMR. Developmental delay is a condition in which a child, three through seven years of age, experiences severe developmental delays of at least two years below his or her chronological age and/or at least two standard deviations below the mean, as measured by appropriate standardized diagnostic instruments and procedures, in one or more of the following areas: 1. Physical development; and/or 2. Language and communication development; and/or 3. Social or emotional development; and/or 4. Cognitive development; and/or 5. Adaptive development; and due to the delay(s) described above, requires special education and related services. No child shall be classified as having "developmental delay" based solely on deficits in the area of social and/or emotional development. "Developmental delay" also does not apply to children with the following disabilities: autism; traumatic brain injury; intellectual disabilities; emotional disturbance; other health impairment; orthopedic impairment; visual impairment, including blindness; hearing impairment, including deafness; or speech/language impairment. Early Intervention (EI): Early intervention services are services that are created to meet the needs of children, from birth to age two, who are identified as having developmental delays or disabilities. Eligibility: The process of determining whether a child qualifies for special education and related services is known as eligibility. The IEP team must determine 1) if the student has a disability listed in IDEA, and 2) whether the student need special education and related services as a result of that disability. District of Columbia Public Schools Page 33 of 40

34 Evaluation: Though the term evaluation is often used to mean assessment or testing, as in an independent educational evaluation, it is more accurate to use the term evaluation to mean the overall process of determining something about a student (disability, eligibility, educational/service needs) based on a variety of information. The evaluation process consists of reviewing existing data, information from parents, and results of assessments when necessary. The MDT or IEP team will use this information to determine whether a child has a disability, the child's present level of performance, the child s educational strengths and needs, and the nature and extent of the special education and related services that the child may need. Extended School Year (ESY): Extended School Year is not simply summer school. ESY is specific to special education and must be included in a student s IEP if the IEP team determines that ESY services are necessary for the student to receive FAPE. ESY should be considered for students who are likely to regress or lose skills while away from school and who will need significant time to recoup those skills when school begins again. The point of ESY is to help students maintain their level of content and skill mastery while school is out. Free Appropriate Public Education (FAPE): IDEA Sec Free appropriate public education: Free appropriate public education or FAPE means special education and related services that: Are provided at public expense, under public supervision and direction, and without charge; Meet the standards of the SEA, including the requirements of this part Include an appropriate preschool, elementary school, or secondary school education in the State involved; and Are provided in conformity with an individualized education program (IEP) that meets the requirements of Sec through (Authority: 20 U.S.C. 1401(9)) FAPE Requirements Under Section 504 of The Rehabilitation Act of 1973 Section 504 of the Rehabilitation Act of 1973 protects the rights of individuals with disabilities in programs and activities that receive federal funds. Section 504 provides that: No otherwise qualified individual with a disability in the United States... shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.... The Section 504 regulation requires a school district to provide a free appropriate public education (FAPE) to each qualified person with a disability who is in the school district s jurisdiction, regardless of the nature or severity of the person s disability. FAPE504.html Functional Behavior Assessment (FBA): An FBA is a process for figuring out what is causing problem behavior. The process involves interviewing teachers and other school staff who work with the child to learn more about the child s learning environment, observing and keeping track of what takes place before the behavior, documenting the behavior itself, and recording what happens after the behavior. The information gathered in this assessment lays a foundation for developing a behavioral intervention plan (BIP). The FBA can be a part of the SST process, be used to develop an IEP, or provide information for verification of a disability. However, any student who is exhibiting challenging behaviors that are not responding to typical school interventions may benefit from a functional assessment. District of Columbia Public Schools Page 34 of 40

35 HOD: Hearing officer s determinations are legally binding orders issued by an impartial hearing officer as a result of a due process complaint. All HODs that find a denial of FAPE require action on the part of DCPS. SECs must review all HODs immediately and ensure that every element of the HOD is implemented and done so within the time given in the HOD. Expediters who work at the central office will work with SECs to ensure that all HODs are implemented timely. IDEA: The Individuals with Disabilities Education Improvement Act. This is the federal law that drives most special education issues. The Act itself can be found starting at 20 U.S.C Federal legislation also has accompanying regulations, and the regulations that pertain to IDEA start at 34 C.F.R IEP Team: A group of individuals including: 1. The parent(s) of the child; 2. At least one regular education teacher of the child, if the child is or may be participating in the regular education environment, or if the child is being evaluated for SLD; 3. At least one special education teacher, or, if appropriate, at least one special education provider of the child; 4. A representative of the LEA who is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities, and knowledgeable about the general curriculum and the availability of resources of the LEA; 5. An individual who can interpret assessment results and the related instructional implications, who may be a member of the team described in (a) through (d) of this section, or for a child being evaluated for SLD, a person qualified to conduct individual diagnostic evaluations; 6. Other individuals, at the discretion of the parent or the LEA, who have knowledge or special expertise regarding the child, including related services personnel, if appropriate; and 7. The child, if appropriate. The IEP team is responsible for identifying and evaluating children with disabilities, developing, reviewing, or revising an IEP for a child with a disability; and determining the placement of a child with a disability in the least restrictive environment (LRE). The IEP team should also be the team that determines the child s eligibility for special education and related services as all the necessary members of the IEP team are sufficient to determine eligibility, and if a student is found eligible, the IEP team is already together and can immediately begin developing the student s IEP. Inclusion: An approach to special education that involves keeping students with disabilities, as much as is possible, in their neighborhood schools and regular education classrooms. Whenever possible, students should be taught in integrated classrooms where no one is excluded due to a disability. An inclusive school or classroom is an educational setting in which all students have an equal opportunity to benefit from the curriculum and become a part of the larger school community regardless of individual strengths or needs. For students with IEPs, this may include classroom accommodations, amendments to the curriculum, services brought into the classroom, pulling the student out of the classroom at certain times for specific specialized instruction, or some other arrangement that will allow that student to benefit from the curriculum. Independent Educational Evaluation (IEE): While IDEA uses the term evaluation here, an IEE is an assessment conducted by a qualified individual who is not an employee of DCPS. IEEs are provided at public expense when a District of Columbia Public Schools Page 35 of 40

36 parent objects to an assessment conducted by DCPS. These IEEs are paid for by the central office and are largely reimbursed to DCPS through Medicaid. Parents may obtain an IEE at their own expense anytime they like, and such an IEE must be considered at any meeting for which it is relevant. See IDEA. Individualized Education Program (IEP): The term individualized education program or IEP means a written statement for each child with a disability that is developed, reviewed, and revised in accordance to IDEA. The IEP guides a special education student s learning. It is created for children between ages 3 and 22. It describes the amount of time that the child will spend receiving special education services, any related services the child will receive, and academic/behavioral expectations. The team that creates the IEP includes the child s parents, evaluators, teachers, and school administrators or education professionals who have a stake in the child s learning. The IEP team meets at least once a year to talk about the child s progress and make any needed changes to the plan. Individuals with Disabilities Education Act (IDEA): The federal law that guides how states and public agencies provide special education services to children with disabilities. LEA: Local Educational Agency. In the District of Columbia the LEA is DCPS or an independent charter school that is its own LEA. Least Restrictive Environment (LRE): Children with disabilities must be educated in the least restrictive environment that can meet their needs. This means that children with disabilities must be educated alongside their non- disabled peers to the maximum extent that is appropriate to that student s needs and abilities. Students with disabilities should only be removed from the general education environment when the nature or severity of their disabilities is such that education in regular classes, even with supplementary aids and services, cannot be achieved satisfactorily. MDT: A multidisciplinary team (MDT) is essentially an IEP team; however, the members of the team are not as strictly defined as for the IEP team. DCPS is largely moving away from the use of the term MDT in favor of simply calling everything an IEP team and having all required IEP team members in attendance. In general, the members are the same and the purpose is at least tied to the IEP process, so using the IEP team makes the process clearer and more efficient. An MDT meeting may be held before an eligibility meeting while the team is still developing information on the student, but the complete IEP team should be in attendance by the time of the eligibility meeting so the team can immediately move forward with the development of an IEP if the student is found eligible. Manifestation Determination: Under the IDEA and Section 504 of the Rehabilitation Act: A child s IEP team or 504 team must conduct a manifestation determination meeting whenever a school proposes to change the educational placement of a student with disabilities by removing (or suspending) the student from school for 10 or more consecutive days or for 10 cumulative days over a school year due to a violation of the school s code of conduct. The team must determine if the conduct in question was caused by or had a direct and substantial relationship to the student s disability. If the team decides that the student s behavior is not related to his/her disability, then the student can be disciplined, including suspension/expulsion, just as a non- disabled student would be disciplined. Native Language: The language normally used by the child or the language normally used by the parents of the child. In all direct contact with the child (including assessments of the child), the language normally used by the child in the home is considered the child s native language. For a child with deafness or blindness, or for a child with no written language, the mode of communication which is normally used by the child (e.g. Braille, sign language, or oral communication) is considered the native language. For meetings and other communications with parents, the native language of the parent must also be considered and utilized. District of Columbia Public Schools Page 36 of 40

37 Nonpublic school: Often referred to as simply nonpublic, a nonpublic school is an educational program that is run by a private person or group instead of a government body. In terms of special education, a nonpublic school may be considered as the appropriate location to serve a student when no other public school is able to serve that student s needs. OSSE: The Office of the State Superintendent of Education is the State Educational Agency (SEA) for the District of Columbia. Parent: The term parent or parents may be used interchangeably to mean either one or more parents, as is appropriate to each child. A parent is a natural or adoptive parent of a child. A foster parent may act as a parent if 1) the natural parent's authority to make educational decisions on the child's behalf has been legally terminated, and 2) the foster parent has an ongoing, long- term parental relationship with the child, 3) is willing to make educational decisions for the child, and 4) has no interest that conflicts with the interests of the child. Lastly an individual acting in the place of a natural or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child s welfare (including a guardian or a surrogate parent) may act as a parent for the child. Pullout: A pullout program is one where a student receiving special education services is taken out of his/her regular classroom at certain times for specific instruction and support to meet the student s unique needs. Qualified Evaluator: An evaluator who has met the SEA- approved or recognized certification, licensing, registration, or other comparable requirements that apply to the evaluator's field in the location where the evaluator practices. For the administration of standardized tests, a qualified evaluator is a person who is trained and knowledgeable and administers the test in accordance with the instructions provided by the producer of the test. Reevaluation Meeting: A reevaluation meeting (sometimes referred to as a triennial evaluation) is a meeting of the student s IEP team or 504 team to determine 1) whether the student continues to have a disability, and 2) whether the student continues to need special education and related services or continues to require accommodations under Section 504. If the answer to both questions is yes, the team must then determine what, if any, changes or modifications should be made to the student s IEP. Before the reevaluation meeting, the team must decide if they have enough information to answer the two questions posed above. Only if the team determines that they need additional information to answer the two questions will the team seek to have additional assessments of the student conducted. The parent s written consent to assess must be secured before the assessment(s) will be conducted, and all of this must be done so that the final reevaluation meeting can be concluded before the three- year period expires. Related Services: Transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education. Other supportive services frequently considered related services include: Speech- language pathology (which may be a related service or specialized instruction depending on how it is used to address the needs of an individual student); Audiology services; Interpreting services: Psychological services; Physical and occupational therapy; District of Columbia Public Schools Page 37 of 40

38 Recreation, including therapeutic recreation; Early identification and assessment of disabilities in children; Counseling services, including rehabilitation counseling; Orientation and mobility services; Medical services for diagnostic or evaluation purposes; School health services; Social work services in schools; and Parent counseling and training. Related services does not include a medical device that is surgically implanted, or the replacement of such device. SEA: State Educational Agency. The Office of the State Superintendent of Education (OSSE) is now the State Educational Agency for the District of Columbia. Settlement Agreement (SA): A settlement agreement (SA) is very similar to an HOD. The main difference is that SAs are created by an agreement between DCPS and the parent, whereas HODs are ordered by a hearing officer. SAs are legally binding agreements. All SAs require action on the part of DCPS. SECs must review all SAs immediately and ensure that every element of the SA is implemented and done so within the time given in the SA. Expediters who work at the central office will work with SECs to ensure that all SAs are implemented timely. Severe Discrepancy: A difference of at least two years below a child's chronological age and/or at least two standard deviations below the child's cognitive ability, as measured by appropriate standardized diagnostic instruments and procedures. School Day: Any day, including a partial day, when the LEA is open and students are required to be in attendance for instructional purposes. Special Education: The term special education means specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability, including instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings. Special education, if it meets the above definition, may include speech- language pathology services; vocational education; travel training; and/or instruction in physical education, if the service consists of specially designed instruction. Special Education Coordinator (SEC): The term SEC is used to identify the person at a school who is the responsible point of contact for all special education matters at that school. The principal generally designates his or her responsibility for special education issues to an SEC, but a special education teacher or other staff person may serve in this capacity. SECs are responsible for identifying students who may have a disability and for organizing all meetings related to special education. They are the LEA representative at IEP and eligibility meetings, and they are responsible for monitoring and ensuring the implementation of IEPs, HODs, and SAs. Specialized Instruction: The adaptation of content, methodology, or delivery of instruction, as appropriate to meet the unique needs of a child with a disability in order to ensure access to the general curriculum, so that the child can meet the educational standards that apply to each child within DCPS. Student: An individual between the ages of three and twenty- two who is enrolled in any DCPS, charter, or nonpublic school. A student may or may not be a child depending on whether or not he/she has reached the age of majority, however, the terms child and student will frequently be used interchangeably. See Child. District of Columbia Public Schools Page 38 of 40

39 School- Based Student Support Team (SST): School- Based Student Support Process Each school will have a core group of professionals that will lead the work around all areas of student support in the building. For each area of student support, at least one individual will be identified as a resource. The group will include but not be limited to these personnel: Administrator, guidance counselor, social worker, school mental health professionals, nurse, math and literacy coaches, and attendance counselor. As individuals, these professionals will serve as resources for teachers, and they will suggest targeted strategies and interventions in their area of expertise. As a group, they will meet regularly to collaborate and address more complex cases of individual students who require targeted support. Each school will have a process to implement a Student Support Team (SST) meeting. The student support team meeting results in a formalized level of targeted support for students: a time- limited, individual intervention plan for students. For SST meetings that involve collaboration with parents, the cases will most often be discussed first by the core leadership team. This pre- meeting serves to (1) ensure that the full range of professional input is gathered and synthesized in advance and (2) create a more focused and personalized conversation between the parent, teachers, and any other staff directly involved with the student. One individual in each school will be responsible for chairing the student support core team. Supplementary Aids and Services: Aids, services, and other supports that are provided in regular education classes or other education- related settings to enable a child with a disability to be educated with non- disabled children to the maximum extent appropriate. Surrogate Parent: An individual who is appointed by the LEA to advocate for the child with a disability, or a child suspected of having a disability, during evaluation through possible placement, when no parent can be identified or the whereabouts of parents cannot be determined or if the child is a ward of the District of Columbia, as needed. Transition Services: A coordinated set of activities for a child with a disability, designed within an outcome- oriented process, that promote movement from school to post- school activities including: District of Columbia Public Schools Page 39 of 40

40 Post- secondary education; Vocational training; Integrated employment, including supported employment; Continuing and adult education; Adult services; Independent living; or Community participation. Activities should be based on the individual child's needs, taking into account the child's preferences and interests including: Instruction, related services, community experiences, development of employment and other post- school adult living objectives; Acquisition of daily living skills, if appropriate; and Functional vocational evaluation, if appropriate. Transition services for children with a disability may be special education, if provided as specially designed instruction, or related services, if required to assist a child with a disability to benefit from special education. Transportation: Transportation includes travel to and from school and between schools; travel in and around school buildings; and specialized equipment (such as special or adapted buses, lifts, and ramps) if required to provide special transportation for a child with a disability. Triennial Evaluation: See Reevaluation Meeting. District of Columbia Public Schools Page 40 of 40