Anne Arundel County Public Schools Division of Special Education Annapolis, Maryland PARENT ehandbook For Special Education Guidelines & Procedures

Transcription

1 Anne Arundel County Public Schools Division of Special Education Annapolis, Maryland PARENT ehandbook For Special Education Guidelines & Procedures Believe Imagine Achieve Anne Arundel County Public Schools - Annapolis Maryland. All rights reserved and protected by U.S. copyright law. No part of this book may be copied, distributed, published or sold in any form without the express written permission of AACPS.

2 Kevin M. Maxwell, Ph.D. Superintendent of Schools In recognition of our partnership with our parents/guardians in journeys toward educational excellence for students with disabilities, AACPS is proud to present a Special Education ehandbook. The Division of Special Education values the role of parents in the teaching and learning process. Anne Arundel County Public Schools Division of Special Education Mary Tillar, Director Anne Arundel County Public Schools prohibits discrimination in matters affecting employment or in providing access to programs on the basis of race, color, religion, national origin, sex, age, marital status, sexual orientation, or disability unrelated in nature and extent so as to reasonably preclude performance. For more information, contact The Office of Investigations, Anne Arundel County Public Schools, 2644 Riva Road, Annapolis, Maryland 21401, (410) ; TDD (410) Anne Arundel County Public Schools - Annapolis Maryland.

3 Table Of Contents Section Table of Contents CH 1: Introduction, Philosophy, Goals, Objectives 1-1 CH 2: Identification, Evaluation, and Eligibility 2-1 I. Child Find 2-1 II. Early Intervening Services (EIS) 2-2 A. Collaborative Decision Making (CDM) and Response to Intervention 2-2 III. Referral and Screening Process 2-3 A. Commencement of Legal Timelines 2-3 IV. Evaluation Process 2-3 A. Initial Evaluation Process 2-3 B. Re-evaluation Process 2-5 C. Private Evaluations 2-6 D. Independent Educational Evaluations 2-7 V. Prior Written Notice 2-8 Parent Revocation of Special Education Services 2-9 CH 3: Identification of Specific Learning Disabilities 3-1 I. Specific Learning Disability 3-1 A. Definition 3-1 B. Guidelines for Determination of Specific Learning Disability 3-1 C. Eligibility Criteria 3-1 CH 4: Individualized Education Program (IEP) 4-1 I. IEP Team Meetings 4-1 A. Membership 4-1 B. IEP Team Meeting Attendance 4-1 II. IEP Content and Development 4-1 III. Miscellaneous Factors/Considerations Impacting IEP Implementation 4-2 A. Compensatory Services 4-2 B. Home and Hospital Teaching 4-3 C. Twice Exceptional Students 4-4 CH 5: Transition Services 5-1 I. Transition Services 5-1 A. When Does Transition Planning Begin? 5-1 B. Who Should Be Invited To The IEP Meeting? 5-2 C. What is Self-Determination & Student Centered IEP Meetings? 5-2 II. Components of the Transition Plan 5-3 A. Interests and Preferences Page 5-3 B. Transition Activities Page 5-6 III. References and Helpful Resources 5-6 CH 6: Discipline 6-1 I. Suspension Overview 6-1 II. Requirement to Convene an IEP Team Meeting 6-1 A. Short Term Removals 6-1 B. Extended Removals 6-2 C. Services Beginning on the Eleventh Day of Removal 6-2 D. Right to Appeal 6-2 E. Disciplinary Removals from the Bus 6-2 F. In School Disciplinary Removals 6-2 G. In School Intervention 6-2 Page Anne Arundel County Public Schools Annapolis, Maryland i 09/2012

4 Table Of Contents III. 45 Day Removals 6-2 IV. Referral to Law Enforcement 6-3 V. Protections for Students Not Yet Eligible for Services 6-3 A. Having Knowledge by School Personnel of a Suspected Disability 6-4 B. Not Having Knowledge by School Personnel of a Suspected Disability 6-4 C. Request for Evaluation and Assessments 6-4 CH 7: Confidentiality and Educational Records 7-1 I. Confidentiality and Record Management 7-1 A. Public Documents 7-1 B. Protection of Personally-Identifiable Information 7-1 C. Persons who are not required to sign the "Record of Access" 7-2 D. Annual Notice of FERPA Requirements 7-2 E. FERPA Notice as Part of Special Education 7-2 F. Educational Records 7-2 II. Inspection and Review of Education Records 7-2 A. Parent Rights and Time Lines 7-2 B. Copies of Records 7-3 C. Amendment of Records 7-3 D. Destruction of Obsolete Information 7-4 E. Release of Records - Without Parent Consent 7-5 F. Release of Records - With Parent Consent 7-5 CH 8: The Grievance Process 8-1 I. Facilitated IEP Meetings 8-1 II. MSDE Complaints/Investigations 8-2 III. Resolution Meetings 8-3 IV. Mediations 8-3 V. Hearings 8-4 ADDITIONAL RESOURCES Abbreviations/Definitions Criteria for Identification of Students with Hearing Impairments Criteria for Identification of Students Requiring OT and/or PT Criteria for Identification of Students with Visual Impairments Disabilities Division of Special Education Contact Information Early Childhood Services Links to Special Education Related Publications Parent Surrogates Procedural Safeguards /Parent s Rights Notice Process for Parentally Placed Private and Religious Schooled Students Transportation Procedures and Guidelines Anne Arundel County Public Schools Annapolis, Maryland ii 09/2012

5 Chapter 1 Introduction, Philosophy, Goals, Objectives Chapter 1 Introduction, Philosophy, Goals, Objectives INTRODUCTION The Division of Special Education, in cooperation with the Department of Student Support Services and the Department of Curriculum and Instruction, organizes and provides the delivery of special education and related services. These services are designed to reflect the Anne Arundel County Public School's (AACPS) commitment to one system of quality education and equity for all students. Provision of special education services is a joint effort among general and special educators, working collaboratively to ensure maximum educational opportunities for all students with disabilities. In addition, general and special educators work cooperatively with parents to ensure a full educational opportunity for all students with disabilities in the least restrictive environment (LRE). Federal and state regulations regarding the implementation of special education services can be complex and difficult for parents to navigate. We hope this ehandbook provides the support that you may need to fully participate in the special education process. PHILOSOPHY Special education is built on the belief that all students can and will learn. It is the responsibility of AACPS to provide appropriate learning experiences for all students, to recognize and understand the unique nature of each student, to promote the worth and dignity of each student and to strive for the educational success of every student. Individual educational needs of students with disabilities are met through the instructional process, with students without disabilities to the maximum extent appropriate. The teaching/learning process occurs through the implementation of educational goals, objectives and strategies that enable students with disabilities to realize their learning potential. GOALS The passage of Public Law , the "Education for All Handicapped Children's Act of 1975," reauthorized in 2004 as Public Law , "Individuals with Disabilities Education Improvement Act" (IDEIA), has revolutionized the approach to serving students with disabilities. The reauthorization requires that students with disabilities participate in and are assessed by standards set for the school population. Accountability for student progress is on the forefront. Due to medical, technological, and identification advances there has been a significant increase in the number of students who require special intervention. The direction and challenge for special education in AACPS is to ensure that: all students with disabilities have available to them a free, appropriate public education (FAPE) which includes special education and related services to meet their unique needs; a full range of educational opportunities are offered in the least restrictive environment (LRE) for each student; and the rights of students with disabilities and their parents are protected. OBJECTIVES In order to reach these goals, the following objectives are accomplished by AACPS: provision of a free, appropriate public education (FAPE) to students with disabilities from birth to age 21, being educated in the AACPS jurisdiction which includes students attending private schools or living in state-operated programs, regardless of the severity of the disability, who are in need of special education and related services, in accordance with federal and state statutes and regulations; Anne Arundel County Public Schools Annapolis, Maryland /2012

6 Chapter 1 Introduction, Philosophy, Goals, Objectives provision of "child identification" procedures, on an on-going basis, designed to identify students from birth to age 21 who have a disability and are in need of special education and related services; provision of an effective response to intervention (RTI) to provide appropriate interventions before special education identification; development and implementation of an individualized education program (IEP) based upon assessed needs, for each student who is identified as having a disability and who is in need of special education and related services; provision of special education and related services to the student in the least restrictive environment (LRE); working cooperatively with the parents or guardians of students who are identified as needing special education and related services; establishment and maintenance of on-going communication with parents or guardians so they function as team members and equal partners in the special education decisionmaking process; insurance that the confidentiality of information and all due process protections are maintained; to provide for the successful transition of students with disabilities from school into the adult world; and provision of on-going professional development and job embedded training to enhance the instructional skills of special and general educators. USE OF THE ehandbook Terms are referenced to other chapters or appendices the first time they appear in a chapter. Likewise, terms are identified by applicable acronyms or abbreviations the first time they appear in a chapter. Thereafter, only the acronym or abbreviation is regularly used in that chapter (i.e. "Individualized Education Program (IEP)" becomes "IEP"). Links within the ehandbook are indicated by bold, underlined, maroon font. Links outside the ehandbook are indicated by underlined blue font Anne Arundel County Public Schools Annapolis, Maryland /2012

7 AACPS-Parent e Handbook for Special Education Chapter 2 Identification, Evaluation, and Eligibility Section Chapter 2 Identification, Evaluation, and Eligibility Page I. Child Find 2-1 II. Early Intervening Services (EIS) 2-2 A. Collaborative Decision Making (CDM) and Response to Intervention 2-2 III. Referral and Screening Process 2-3 A. Commencement of Legal Timelines 2-3 IV. Evaluation Process 2-3 A. Initial Evaluation Process 2-3 B. Re-evaluation Process 2-5 C. Private Evaluations 2-6 D. Independent Educational Evaluations 2-7 V. Prior Written Notice 2-8 VI. Parent Revocation of Special Education Services 2-9 I. CHILD FIND The term Child Find refers to the identification of students with educational disabilities who reside in Anne Arundel County or in some cases live outside of our county but attend a private or religious school in Anne Arundel County. The Child Find process involves reviewing information from a variety of sources, including you, to whether your child may have an educational disability requiring special education services. The Division of Special Education of Anne Arundel County Public Schools (AACPS) operates a public awareness system that publicizes screening and referral services at least once a year. This publicity includes descriptions of services and the name, address and telephone number of the contact person. Activities to inform parents and professionals may include: media announcements in local newspapers and on radio; notices in school and Board of Education newsletters; distribution of Child Find brochures; presentations in public and private institutions and organizations; meetings with private/parochial schools serving Anne Arundel County students; and the CATV Community Channel. Copies of print and taped public awareness announcements, and brochures titled Preschool Child Find, The Facilitated IEP Meeting, and Individualized Education Plan: What Every Parent Should Know are located in the schools, on the AACPS website, and are also available through the Division of Special Education. AACPS conducts Child Find procedures serving children ages birth to 21 in the AACPS's jurisdiction. Referrals can be made to the Child Find team by school staff, parents and the AACo Infants and Toddlers Program. Child Find literature, disseminated through the public awareness program, includes the address, telephone number and title of the AACPS contact person. Child Find activities cover all children with disabilities to include: highly mobile children (migrant children, homeless children, wards of the state); all children with disabilities including children who may have a disability (and be in need of special education even though they are advancing from grade to grade); and students attending private schools, placed there by their parents Anne Arundel County Public Schools Annapolis, Maryland /2012

8 AACPS-Parent e Handbook for Special Education Chapter 2 Identification, Evaluation, and Eligibility II. EARLY INTERVENING SERVICES (EIS) The term Early Intervening Services (EIS) refers to a broad array of services and support for students who are not yet eligible for special education and related services. EIS services are available in the general education environment to students from kindergarten through twelfth grade, with an emphasis on kindergarten to third grade. Activities that can be funded as EIS include: Professional development for school staff to improve the delivery of scientifically based academic instruction and behavioral interventions; and Providing educational and behavioral evaluations, service and supports, including scientifically based literacy instruction. A. Collaborative Decision Making (CDM) and Response to Intervention (RtI) Collaborative Decision Making (CDM) provides a framework for educators, parents and community representatives to solve problems and support student achievement and educational success. It is a proactive approach that emphasizes early intervention, researchbased practices, collaborative teaming, and ongoing progress monitoring. It implements best practices in fostering student learning, collaboration, and problem-solving to achieve the desired results. CDM incorporates a Response to Intervention (RtI) model. RtI is the practice of providing research-based interventions matched to student need and frequently monitoring student progress to make decisions about changes in instruction. Family involvement is an essential component of the RtI process. Systematic problem-solving methods provide educators with a consistent step-by-step process to identify problems and to develop and evaluate the effectiveness of interventions. NOTE: AACPS is moving slow to go fast with the RtI (CDM Student Intervention Plans) rollout, however all schools are responsible to look at student learning barriers and institute intervention plans, and/or academic/behavioral strategies when a need arises. Importance of Progress Monitoring as a part of CDM: Progress monitoring is used to assess student performance and evaluate the effectiveness of instruction. Performance (which can be academic, behavior, and/or social) is measured on a regular basis and reported to parents. Monitoring includes making the appropriate adjustments to meet the individual student learning needs. It is recognized that intervention timelines normally reflect 4-6 weeks as implementation fidelity must be considered. If at any point, the intervention identified is determined to be a mismatch to the identified problem, the intervention is discontinued. If Your Child Has Behavioral Concerns The Team Will Consider The Following In Developing A Behavior Intervention Plan (BIP) or a Student Intervention Plan (StIP): Have all aspects of academic problem solving been explored? What are the immediate antecedents of the behavior? (Location, task/directions, communication of expectations, student s initial response, etc.) What consequences are currently in place to address the behavior? Success rate? Consistency? Anne Arundel County Public Schools Annapolis, Maryland /2012

9 AACPS-Parent e Handbook for Special Education Chapter 2 Identification, Evaluation, and Eligibility What settings are the behaviors occurring in? Where are they not occurring? In which situations do the behaviors occur? Not occur? What is the frequency and duration of the targeted behaviors? What interventions have been used? Success? Conditions when the learner achieves the desired performance? o Consider school-based and stakeholder interventions What data is currently collected? What data is available to collect? III. REFERRAL AND SCREENING PROCESS If your child is continuing to exhibit learning difficulties after early intervening services have been implemented, and an educational disability is suspected, either you or the school team may refer the student to the special education team. At this point, the initial eligibility determination process commences. The first step of the process is convening an IEP team meeting (IEP-A) to review all relevant information about your child. The information considered at this meeting includes your child s performance on state and district assessments, classroom performance, medical and educational history, information provided by you, and any other available information related to the suspected disability. Individually administered, assessments may not be used during the screening process. Screening procedures are conducted in the student's native language or other mode of communication, giving consideration to linguistic and cultural differences, or visual or hearing impairments. You will be asked to complete the Parent-Guardian Questionnaire prior to the meeting, and to contribute to the discussion during the meeting. Parents are essential members of all IEP team meetings and your input is critical to making decisions regarding your child s educational program. If after reviewing all data available the team suspects an educational disability, the team will plan for individual assessments and schedule an IEP team meeting (IEP-B) to review results and determine eligibility. If the team does not suspect an educational disability, they may develop an intervention plan to address your child s learning and/or behavior concerns. A. Commencement of Legal Timelines Parent Referral: If you have submitted a request for testing, the official legal timeline begins the date the school receives your written request. This date is the referral date. The IEP team must complete the evaluation process within 90 calendar days of the referral date. IV. EVALUATION PROCESS A. Initial Evaluation Process The purpose of the initial evaluation process is to determine whether or not your child is eligible for special education services by assessing him/her using a multi-disciplinary team approach. An evaluation must be conducted before the initial provision of special education. An evaluation is a careful look at his/her abilities, strengths, and weaknesses. It provides information about your child s educational needs based upon a battery of standardized assessments selected to evaluate the presence of a suspected disability. A variety of assessment tools/strategies in gathering functional, developmental and academic information must be used Anne Arundel County Public Schools Annapolis, Maryland /2012

10 AACPS-Parent e Handbook for Special Education Chapter 2 Identification, Evaluation, and Eligibility Student Evaluation Plan The Student Evaluation Plan (SEP) is used to facilitate the IEP-A team decision whether or not to test your child. If testing is warranted, you will be asked to provide written consent for the evaluation. Timelines for Initial Evaluation Process The IEP-B (meeting to review evaluation information and determine if a disability exists) must occur within 60 days from the date of your written consent, but no later than 90 days from the referral date. Parent Consent A school must get your written consent to assess your child for special education and related services, and before providing special education and related services. You also have the right to revoke consent for assessment (prior to initiation or completion) and the provision of special education services. Consent means that you: Have been fully informed of all information relevant to the activity for which consent is sought, in your native language or other mode of communication; Understand and agree in writing to the carrying out of the activity for which your consent is sought and the consent describes that activity and lists the records (if any) that will be released and to whom; and Understand that the granting of consent is voluntary and may be revoked at anytime. If you withdraw consent, all actions that occurred between the time the IEP team received consent and your revocation of consent remains a part of the student s educational record. If you refuse to consent to evaluation, the school team may choose to request mediation or a due process hearing to override your lack of consent. If you refuse consent to special education services no action may be taken, however your child is not provided the protections or rights of the IDEIA. Assessment Reports A report of assessments administered to your child, in each area of the suspected disability, shall be available to the IEP team at the time of the eligibility meeting (IEP-B) and will be provided to you at least 5 business days in advance. Each report of assessment procedures will be written, dated, and signed by the examiner who conducted the assessment. Determination of Eligibility The IEP Team will conduct an IEP Team meeting (IEP-B) to discuss the results of the evaluation and determine your child s eligibility for special education and related services. The IEP Team shall draw upon information from a variety of sources and carefully consider and document the information used as a basis of the team s decision. Your child may be determined to be a student with a disability requiring the provision of special education, based upon criteria for the following disabilities: 01 Intellectual Disability 02 Hearing Impairment 03 Deafness 04 Speech or Language Impairment 05 Visual Impairment Anne Arundel County Public Schools Annapolis, Maryland /2012

11 AACPS-Parent e Handbook for Special Education Chapter 2 Identification, Evaluation, and Eligibility 06 Emotional Disability 07 Orthopedic Impairment 08 Other Health Impairment 09 Specific Learning Disability 10 Multiple Disabilities 12 Deaf/Blindness 13 Traumatic Brain Injury 14 Autism 15 Developmental Delay Each examiner is expected to summarize his/her findings at the meeting and you will be provided a final copy of each assessment report along with the Comprehensive Evaluation Review. If you are unable to attend the meeting, the IEP Chairperson or designee, will mail a copy of the Meeting Report, Assessment Report(s), and Comprehensive Evaluation Review within five (5) business days of the IEP Team meeting. In addition to receiving copies of all paperwork associated with the IEP-B meeting, the school may share results of the meeting with you by individual conference, telephone call, or letter. Factors Impacting Eligibility The IEP team may not determine that your child is a student with a disability if the IEP team determines that your child s lack of educational achievement is the result of a lack of instruction in reading or math, or is the result of limited English proficiency. Students Not Found Eligible If a student is found not to be eligible for special education and related services, the school must consider whether the student may be eligible for an intervention plan. B. Re-evaluation Process Process The purpose of a re-evaluation (IEP-G) is to determine the continued existence of a disability and whether your child continues to be in need of special education and/or related services, whether there is an additional disability impacting your child, or to determine present levels of academic achievement and functional performance. A re-evaluation may not occur more frequently than once a year, unless you and AACPS agree otherwise; and must occur at least once every three years. It is important to note that re-evaluation is a process and not necessarily an assessment. During an IEP-G meeting the IEP team will review existing evaluation data, including information from you, classroom-based assessments, state and district-wide assessments, and observations to decide if any additional data is needed to determine: Whether your child continues to have a disability that requires the provision of special education and related services; Your child s present levels of academic achievement and related developmental needs; and Whether there are any additions or modifications needed for your child to meet the measurable annual goals of the child s IEP and to participate, if appropriate, in the general curriculum. NOTE: Re-evaluations or assessment/s are not conducted for the purposes of College Board testing, private insurance, or private school/college entry Anne Arundel County Public Schools Annapolis, Maryland /2012

12 AACPS-Parent e Handbook for Special Education Chapter 2 Identification, Evaluation, and Eligibility Within 30 calendar days of sharing assessment results (IEP-G), the IEP team must hold the annual review (IEP-E) to revise the IEP based on discussion of the assessment results. Consent for Assessments Conducted as a part of the Re-Evaluation Process A school must get your written consent to conduct assessments as a part of the re-evaluation process. Consent means that you: Have been fully informed of all information relevant to the activity for which consent is sought, in your native language or other mode of communication; Understand and agree in writing to the carrying out of the activity for which your consent is sought and the consent describes that activity and lists the records (if any) that will be released and to whom; and Understand that the granting of consent is voluntary and may be revoked at anytime. If you withdraw consent, all actions that occurred between the time the IEP team received consent and your revocation of consent remains a part of your child s educational record. If the IEP team determines that additional data is needed, the assessor(s) must obtain your written consent prior to conducting any assessments of your child for reevaluation, unless the school team can demonstrate that it made reasonable efforts to obtain such consent and you failed to respond. If the parent refuses or revokes consent for reevaluation, the school team has the option to request mediation or a due process hearing to override your lack of consent. Exiting the Special Education Process The IEP team must go through the evaluation process to exit a child who no longer requires special education and/or related services. The evaluation process may or may not involve assessments before exit. However, in the case of a child with a language disability, language assessment must occur before determining your child no longer requires language services. Please note the following: The evaluation is not required if your child is graduating from high school with a regular diploma, or exceeding the age eligibility for FAPE under State law. If your child s eligibility terminates due to high school graduation, the school must provide a summary of your child's academic achievement and functional performance, which shall include recommendations on how to assist him/her in meeting postsecondary goals. C. Private Evaluations You have the right to obtain a private evaluation from qualified professionals of your choice, at your own expense. The IEP team must consider the information from a parent-initiated evaluation during an IEP team meeting. The IEP team must determine if the evaluation meets AACPS criteria when making any decisions with respect to the provision of FAPE to your child. NOTE: The IEP team will consider any private evaluations that you provide, however, the team may or may not agree with the interpretation of data and/or recommendations made by the private evaluator Anne Arundel County Public Schools Annapolis, Maryland /2012

13 AACPS-Parent e Handbook for Special Education Chapter 2 Identification, Evaluation, and Eligibility D. Independent Educational Evaluation (IEE) If you disagree with an evaluation completed by AACPS, you have the right to request an IEE of your child under the IDEIA (subject to the criteria provided below). Upon request of the IEE at public expense, AACPS must, without unnecessary delay, either: Ensure an IEE is provided at public expense, unless AACPS demonstrates in a due process hearing that the evaluation obtained by you did not meet AACPS criteria; or Initiate a due process hearing to show that its evaluation is appropriate. If you request an IEE, AACPS may ask for the reason why you object to the public evaluation, however, your explanation is not required. AACPS may not unreasonably delay either providing the IEE at public expense or initiating the due process hearing to defend the public agency's evaluation. Should request for an IEE be approved, AACPS shall provide you with information about: Where an IEE may be obtained; and AACPS criteria applicable for an IEE. 1. AACPS Criteria for IEEs In selecting a private evaluator to conduct the IEE, that individual must meet AACPS criteria as indicated below. The criteria for a psychological IEE is as follows: a. The examiner must be a licensed psychologist from the Board of Examiners of Psychologists under the Department of Health and Mental Hygiene. b. The examiner must be licensed in the state of Maryland. c. The examiner must have at least 3 years of experience of working with children the same school level as your child. The criteria for an academic IEE is as follows: a. The examiner must hold Teacher Certification in Special Education as established by the Maryland State Department of Education. b. The examiner must have at least 3 years of experience working with students the same school level as your child. c. The examiner must be trained and proficient in the assessments they are administering, as well as interpretation of the results. The criteria for a communication IEE is as follows: a. The examiner must hold ASHA Certification as a Speech/Language Pathologist and be licensed to practice Speech Pathology in the state of Maryland. b. The examiner must have at least 3 years of experience working in a school setting the same as your child is currently in. c. The examiner must be trained and proficient in the assessments they are administering, as well as interpretation of the results. The criteria for a vision IEE is as follows: a. The examiner must hold in-state licensure and practices within the state of Maryland. b. The examiner must be a teacher who is professionally certified in early childhood, elementary, or secondary education who is certified by the state of Maryland to teach students with visual impairments at the level of the student requiring the IEE. c. The examiner must be trained and proficient in the assessments they are administering, as well as interpretation of the results Anne Arundel County Public Schools Annapolis, Maryland /2012

14 AACPS-Parent e Handbook for Special Education Chapter 2 Identification, Evaluation, and Eligibility The criteria for a hearing IEE is as follows: a. The examiner must hold in-state licensure and practices within the state of Maryland. b. The examiner must be a teacher who is professionally certified in early childhood, elementary, or secondary education who is certified by the state of Maryland to teach students with hearing impairments at the level of the student requiring the IEE. c. The examiner must be trained and proficient in the assessments they are administering, as well as interpretation of the results. The criteria for an OT/PT IEE is as follows: a. The examiner must hold a license in Occupational or Physical Therapy from their respective Board of Examiners under the Maryland Department of Health and Mental Hygiene. b. The examiner must have at least 3 years of experience working with pre-school and/or school-aged children in an educational environment, the same school level as your child. c. The examiner must be trained and proficient in the assessments they are administering, as well as interpretation of the results. 2. Cost Limitations for Evaluations The following schedule of evaluation rates will apply, and will be reviewed as needed. Total evaluation costs may be determined by adding one or more assessments together. Guideline Rates for: Psycho-Educational Evaluation: up to $1500 Other Assessments: Academic Achievement: up to $500 Cognitive: up to $500 Neuropsychological: up to $750 Occupational Therapy: up to $500 Social/Emotional: up to $500 Speech and Language: up to $500 Costs above these amounts will be approved only if the parent can demonstrate that the costs reflect a reasonable and customary rate for such evaluative services or if the parents can demonstrate that there are other factors that make the extraordinary costs necessary. V. PRIOR WRITTEN NOTICE A school must give you written notice (IEP Team Meeting Notice) each time it: proposes to initiate or change the identification, evaluation, educational program, or educational placement of your child or the provision of a free appropriate public education (FAPE) to your child; or refuses to initiate or change the identification, evaluation, educational program, or educational placement of your child or the provision of FAPE to your child. Content of Written Notice The written notice must: describe the action(s) that the IEP team proposed or refused to take; explain why the IEP team is proposing or refusing to take the action(s); Anne Arundel County Public Schools Annapolis, Maryland /2012

15 AACPS-Parent e Handbook for Special Education Chapter 2 Identification, Evaluation, and Eligibility describe each evaluation procedure, assessment, record, or report the IEP team used in deciding to propose or refuse the action(s); include a statement that parents have protections under the procedural safeguards provisions in IDEIA; tell parents how they can obtain a description of the procedural safeguards if the action that the IEP team is proposing or refusing is not an initial referral for evaluation; include resources for parents to contact for help in understanding the IDEIA; describe any other choices that the child's IEP team considered and the reasons why those choices were rejected; and provide a description of other reasons why the IEP team proposed or refused the action. VI. PARENT REVOCATION OF SPECIAL EDUCATION SERVICES You have the right to revoke consent for your child to receive special education services after making a request in writing to Anne Arundel County Public Schools. The school may ask why you are choosing to revoke consent, but an explanation is not required. If you withdraw consent for the provision of special education services, your child will be treated as a non-disabled student and will lose his/her protections under IDEIA; including his/her ability to charge AACPS with a denial of Free Appropriate Public Education (FAPE). This has direct ramifications for disciplinary sanctions. Specifically, your child will lose the protections given to students in special education who have discipline problems related to their disabilities. Additionally, your right to terminate your child s IEP services will not be subject to challenge in a due process hearing. AACPS must respond to your written request in writing. An Administrator/Designee is required to meet with you to insure that you are legally informed of the implications of termination of services. Once you have been duly informed in writing, special education services MUST cease. If you change your mind at a later date and decide to reconsider your child s need for special education services, an IEP team meeting must convene as soon as possible. That referral shall be treated as an initial request for special education eligibility and your child must go through the entire initial evaluation process, including timelines Anne Arundel County Public Schools Annapolis, Maryland /2012

16 AACPS- Parent ehandbook for Special Chapter 3 Identification of Specific Learning Disabilities Section Chapter 3 Identification of Specific Learning Disabilities I. Specific Learning Disability 3-1 A. Definition 3-1 B. Guidelines for Determination of Specific Learning Disability 3-1 C. Eligibility Criteria 3-1 Page II. SPECIFIC LEARNING DISABILITY A. Definition "Specific learning disability" (SLD) refers to a disorder in one or more of the basic psychological processes involved in understanding language, spoken or written, which may manifest itself in an imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations. The term includes such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. The term does not apply to students who have learning problems, which are primarily a result of visual, hearing or motor impairments, of intellectual disability, of emotional disability, or of environmental or economic disadvantage, or cultural difference. B. Guidelines for Determination of Specific Learning Disabilities At this time, Maryland is suggesting local school systems use the option of identifying a specific learning disability based upon a child s response to scientific, research-based intervention. One method of identifying a specific learning disability is a comparison of the student s academic achievement and their cognitive ability (discrepancy model). AACPS is requiring school teams to utilize both the Response to Intervention (RtI) and discrepancy model. In order to determine that your child s concerns are not due to lack of appropriate instruction, the IEP team must consider: if your child was provided appropriate instruction in regular education settings, delivered by qualified personnel; and repeated formal assessments of achievement (not special education assessments for determination of eligibility) at reasonable intervals, reflecting your child s progress during instruction. Formal assessments might include curriculum assessments, MSA/HSA, etc Components of a Comprehensive Evaluation results of RtI must be one component of the information reviewed, IEP teams must be multi-disciplinary a variety of individually administered assessment tools/strategies must be used, and the IEP team cannot rely on single procedure as the sole criterion for determining eligibility C. Eligibility Criteria School teams must carefully consider if the following conditions are met: 1. Your child does not achieve adequately for his/her age, or to meet State-approved grade-level standards in one or more of the following areas, when provided with learning experiences and instruction appropriate for his/her age or State-approved grade-level standards: Oral expression Listening comprehension Written expression Basic reading skill Anne Arundel County Public Schools Annapolis, Maryland /2012

17 AACPS- Parent ehandbook for Special Chapter 3 Identification of Specific Learning Disabilities Reading fluency skills Reading comprehension Mathematics calculation Mathematics problem solving 2. Your child does not make sufficient progress based on his/her response to scientific, researchbased intervention (RtI); or your child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, that is determined to be relevant to the identification of a specific learning disability, using appropriate assessments. 3. The team determines that its findings are not primarily the result of: A visual, hearing, or motor disability; Intellectual disability; Emotional disability; Cultural factors; Environmental or economic disadvantage; or Limited English proficiency Anne Arundel County Public Schools Annapolis, Maryland /2012

18 Chapter 4 Individualized Education Program (IEP) Section Chapter 4 Individualized Education Program (IEP) I. IEP Team Meetings 4-1 A. Membership 4-1 B. IEP Team Meeting Attendance 4-1 II. IEP Content and Development 4-1 III. Miscellaneous Factors/Considerations Impacting IEP Implementation 4-2 A. Compensatory Services 4-2 B. Home and Hospital Teaching 4-3 C. Twice Exceptional Students 4-4 Page I. IEP TEAM MEETINGS A. Membership An IEP team must include: The parent/guardian of the child; Not less than one regular education teacher of the child (if the child is, or may be, participating in the regular education environment); Not less than one special education teacher of the child or where appropriate, not less then one special education provider of the child; A representative of the public agency (Administrator or Designee) who Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities; Is knowledgeable about the general education curriculum; and Is knowledgeable about the availability of resources of the public agency; An individual who can interpret the instructional implications of evaluation results; At the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and Whenever appropriate, the child with a disability. B. IEP Team Meeting Attendance A member of the IEP Team is not required to attend all or part of IEP meeting if you (in writing) and the school agree the team member s attendance is not necessary because the member s area of curriculum is not being modified or discussed in meeting. However, AACPS discourages this practice, unless dire circumstances prevent their attendance. If due to unforeseen circumstances the attendance of a required team member is prevented, the school team needs to secure another individual of the same profession or the invited member needs to be available through teleconference. You should be aware that the substitute member of the team may not have worked with your child. II. IEP CONTENT AND DEVELOPMENT The IEP is developed by the IEP team during an IEP-C/D meeting within 30 days of eligibility and includes the following elements: A statement of your child s present levels of academic achievement and functional performance, including: Anne Arundel County Public Schools Annapolis, Maryland 4-1 Updated 09/ /2013

19 Chapter 4 Individualized Education Program (IEP) How your child s disability affects your child s involvement and progress in the general education curriculum (i.e., the same curriculum as for nondisabled children); or For preschool children, as appropriate, how the disability affects your child s participation in appropriate activities; A statement of measurable annual goals, including academic and functional goals designed to: Meet your child s needs that to enable him/her to be involved in and make progress in the general education curriculum; and Meet each of your child s other educational needs that result from his/her disability; A description of benchmarks or short-term objectives; A description of how your child s progress toward meeting the annual goals will be measured; A statement of when periodic reports on the progress your child is making toward meeting the annual goals will be provided. The special education and related services as well as supplementary aids and services to be provided to your child, or on behalf of your child, and a statement of the program modifications or supports for school personnel that will be provided to enable your child: To advance appropriately toward attaining the annual goals; To be involved in and make progress in the general education curriculum and to participate in extracurricular and other nonacademic activities; and To be educated and participate with other children with disabilities and nondisabled children; An explanation of the extent, if any, to which your child will not participate with nondisabled children in the regular education environment and in activities: A statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of your child on state and districtwide assessments; and If the IEP team determines that your child must take an alternate assessment instead of a particular regular state or district-wide assessment of student achievement, a statement of why: Your child cannot participate in the regular assessment; and The particular alternate assessment selected is appropriate for your child; and The projected date for the beginning of the services and modifications, and the anticipated frequency, location, and duration of those services and modifications. The school is to provide special education and related services to your child in accordance with his/her IEP and make a good faith effort to assist your child to achieve the goals and objectives or benchmarks listed in the IEP. The school, teacher, or another individual shall not be held accountable if your child does not achieve the growth projected in the annual goals and benchmarks or objectives. If your child is not making progress on a specific goal, the IEP team will meet and consider whether the goal remains appropriate or needs to be revised. If your child requires extended school year (ESY) services, the IEP must include the specific special education and related services to be provided beyond the regular school year. III. Miscellaneous Factors/Considerations Impacting IEP Implementation A. Compensatory Services Compensatory services are those services which must be provided if there is a significant lapse in the implementation of your child s IEP that resulted in a lack of expected progress. If an IEP team Anne Arundel County Public Schools Annapolis, Maryland 4-2 Updated 09/ /2013

20 Chapter 4 Individualized Education Program (IEP) determines that a violation resulted in the failure to provide appropriate services to a student, the IEP team must address how to remediate (or correct) the denial of those services. The purpose of compensatory education is to help your child make the progress that he/she would have made if all appropriate services had been provided. Compensatory education can mean extra instruction or related services (such as therapies) provided during the school year or summer. Sometimes special materials or other special services tailored to your child s needs are appropriate. When considering the amount of compensatory services to provide, the IEP team should consider the amount of services missed in conjunction with how much progress your child has exhibited as related to his/her IEP goal/s. The IEP team is not legally required to provide the exact amount of services missed, but rather an amount which would ensure that the student would be on target to meet his/her IEP annual goal/s. Compensatory services may not be provided during the school day. An IEP meeting must be scheduled when you or any other individual challenges services missed or denied, as stated on an existing IEP. This meeting may take place when the lapse occurs or at the end of the school year when the team is better able to consider your child s progress throughout the school year. B. Home and Hospital Teaching Home and Hospital Teaching (HHT) services provide instructional services to AACPS students, who are unable to attend school due to a physical or emotional condition. HHT services are provided to those students who are staying at home, in a therapeutic center, or in a hospital while convalescing or receiving treatment. Students in Emotional Crisis HHT services are provided to a student who is in emotional crisis, as verified by a certified school psychologist, a licensed clinical psychologist or a licensed psychiatrist. Students who receive special education services may not continue HHT for more than 60 consecutive school days pending placement in an established educational program. 1. If an outside licensed psychologist/psychiatrist makes a recommendation for home teaching, the parent must sign a Records Release Authorization form. 2. Re-verification of an emotional condition is required after 60 calendar days for a maximum of 30 additional school days of HHT. A student on home teaching may not continue more than 60 school days. Emotional Crisis/Medical Condition: Criteria for a Physician Statement* When a school receives a physician/professional s (medical doctor, school psychologist, licensed psychologist, or psychiatrist) letter from a parent for a student who needs HHT services, the criteria below must be included in the statement: 1. Letter written and dated within 30 days on the physician s letterhead (no prescription pad notes) Diagnosis of emotional or medical condition 2. Reasons, symptoms to keep the student out of school 3. Treatment Plan or Plan of Action/Reentry Plan 4. Anticipated length of school absence (must be at least 4 weeks) 5. Physician s signature (electronic signatures or signature stamps are not accepted) 6. Telephone number where the physician may be reached. If the physician s letter cannot be read or does not include the information above, the school must inform the parent, within a week, of the problem(s) with the letter. The school is urged to contact the physician if more information is needed to verify the condition. Schools should involve the school nurse Anne Arundel County Public Schools Annapolis, Maryland 4-3 Updated 09/ /2013