University of Texas - University Charter School OPERATING GUIDELINES FOR SPECIAL EDUCATION SERVICES

Transcription

1 University of Texas - University Charter School OPERATING GUIDELINES FOR SPECIAL EDUCATION SERVICES Superintendent Dr. Gwyn A. Boyter Special Education Director Susan Crumpley 8701 N. MoPac, Suite 350 Austin, Texas

2 Table of Contents Section 1. - REFERRAL PROCESS I. Prior to Initial Referrals to Special Education 101 (scientifically based programs / early intervening services) II. Appropriate Student Referrals for Special Education Services III. Membership of Campus Intervention/Referral Committee IV. General Education Responsibilities. 103 V. Timeline Initial Referral to Evaluation VI. Special Education Department Responsibilities. 104 A. Referral Packet Completed 104 B. Schedule ARD/IEP Meeting. 106 C. Timeline. 106 D. Transfers from Outside the District already in Special Education. 107 VII. Referrals for Specific Areas: (Review of Existing Evaluation Data) A. Adapted Physical Education (APE) B. Assistive Technology Team C. Attention Deficit Disorder (ADD/ADHD) D. Early Childhood Intervention (ECI) 109 E. Homebound Instruction. 109 F. Limited English Proficient (LEP). 110 G. Occupational Therapy and / or Physical Therapy. 111 H. Preschool Program for Children with Disabilities (PPCD) I. Private / Nonpublic Schools J. Regional Day School Program for the Deaf K. Texas School for the Deaf (TSD). 115 L. Texas School for the Blind and Visually Impaired (TSBVI) VIII. Child Find. 115 IX. Home Language Survey.116 X. Language Proficiency Assessment Committee 118

3 Section 2. - FULL AND INDIVIDUAL EVALUATION I. Initial Evaluation (Timeline / Exceptions) II. Reevaluation III. Evaluation Procedures IV. Review of Existing Evaluation Data (REED) V. Determination of Eligibility and Placement VI. Additional Procedures for Evaluating Specific Learning Disabilities VII. Written Evaluation Reports (including Related Service Reports)..205 VIII. Evaluation of Language, Physical, Sociological and other Conditions A. Language Dominance.206 B. Language Proficiency.206 C. Physical..206 D. Emotional/Behavioral.206 E. Sociological.206 F. Intellectual IX. Evaluation of Learning Competencies (Academic Achievement / Functional Performance) X. Assistive Technology Devices and Services XI. Special Provisions: A. Adapted Physical Education B. Attention Deficit Disorder (ADD-ADHD) C. Auditory Impairment D. Autism E. Evaluation of Very Young or Students with Severe Disabilities F. Functional Behavioral Assessment (FBA) G. Homebound or Hospitalized H. Limited English Proficient (LEP) I. Speech Impairment.211 J. Visual Impairment K. Vocational Evaluation (including Functional Voc. Eval.) XII. Appraisal Personnel

4 Section 3. - DISABILITY CRITERIA REGULATIONS I. Auditory Impairment..302 II. III. IV. Autism Deaf-Blindness Emotional Disturbance 304 V. Mental Retardation.305 VI. VII. VIII. IX. Multiple Disabilities Non-Categorical Early Childhood Orthopedic Impairment..307 Other Health Impairment..307 X. Specific Learning Disability 308 XI. Speech or Language Impairment..311 XII. Traumatic Brain Injury 312 XIII. Visual Impairment. 312 Section 4. - ARD/IEP SECTION INDIVIDUAL EDUCATION PROGRAM I. Required ARD/IEP II. Timeline III. Written ARD/IEP Report 402 IV. Definitions 402 V. Content of the IEP VI. Parent Rights / Participation. 406 A. Participation B. Age of Majority / Parental Rights Regarding Adult Students

5 VII. Membership (including excusal) VIII. ARD / IEP Meetings: 412 A. Initial B. Annual C. Reevaluation Planning ARD D. Brief / Revision ARD New Provisions (agreements, amendments) E. Dismissal / Change of Placement (summary of age out students) 414 F. Graduation (Personal Graduation Plans). 415 IX. Mutual Agreement / 10 Day Recess X. Transfers / New to District XI. Private Nonpublic School Provisions (see also Section 5). 420 A. Placed by the District 420 B. Placed by the Parent (if FAPE is at issue see Section 5) 420 XII. Residential Placements (see also Section 5) 422 Section 4. - ADDITIONAL IEP INFORMATION I. Specific Areas to Address in the ARD/IEP: 431 Accommodations see Supplementary Aids and Services A. Adapted Physical Education (APE) 431 B. Assistive Technology C. Auditory Impairment D. Autism E. Deaf-Blindness. 435 F. Extended School Year Services (ESY) 436 G. Extracurricular Activities. 438 H. FBA(Functional Behavior Assessment) / BIP(Behavior Improvement Plan) I. Grading and Reporting 439 J. Intensive Remediation. 441 K. LEP (Limited English Proficient) L. LRE (Least Restrictive Environment) (Placement includes Daniel R.R.) M. Physical Education 444

6 N. Preschool Program for Children with Disabilities..444 O. Prison P. Reading (K 2 nd grade) Accelerated Instruction..445 Q. Regional Day School Program for the Deaf (RDSPD) R. Student Success Initiative S. Supplementary Aids and Services Accommodations T. Tape Recording 450 U. TAKS, TAKS (Accommodated), TAKS-M, TAKS-Alt., District-wide Assess.451 V. Texas School for the Deaf (TSD) and (TSBVI)..453 W. Transition Planning..454 X. Visual Impairment II. Teacher Accessibility and Required Input III. Special Education Teacher/Service Provider Responsibilities 458 a. Initial 458 b. Annual..459 c. Brief/Revision ARD.460 d. Transfer ARD e. Discipline.461 Section 4. - RELATED SERVICES AND ARD/PEIMS DOUCMENTATION I. Definitions 471 II. Regulations / Categories..471 (a) Audiology. 472 (b) Counseling 472 (c) Early Identification (d) Interpreting Services (e) Medical Services (f) Occupational Therapy (g) Orientation and Mobility (h) Parent Counseling and Training 473 (i) Physical Therapy. 473

7 (j) Psychological Services.473 (k) Recreation (l) Rehabilitation Counseling 474 (m) School Nurse Services (n) Social Work (o) Speech Therapy (not RS in Texas) (p) Transportation..474 III. Request for Related Services..475 IV. Reporting PEIMS Information..476 V. Special Education Status Protocol.478 Section 5. - INSTRUCTIONAL ARRANGEMENTS I. Instructional Arrangements and Settings Mainstream Homebound Hospital Class Speech Therapy Resource Self-Contained (mild, moderate, severe, regular campus) Off-home campus Nonpublic Day School Vocational Adjustment Class / Program Residential Care and Treatment Facility State School for Persons with Mental Retardation 503 Birth - 3 Years (AI / VI) Non-public 503 II. Private Schools: Enrolled by Parent. 503 Definition of parentally-placed private school children with disabilities. 503 Definition of elementary and secondary school 503 Child find for parentally-placed private school children with disabilities. 504 Services for parentally-placed private school children with disabilities--basic requirement 504 Expenditures Consultation.. 505

8 Written affirmation 506 Compliance 506 Equitable services determined Equitable services provided Location of services and transportation. 507 Due process complaints and State complaints Requirement that funds not benefit a private school. 508 Use of personnel 508 Separate classes prohibited 508 Property, equipment, and supplies. 508 III. Private Schools: Placed or Referred by the District IV. Private Schools: Enrolled by Parent - When FAPE is at Issue V. Contracting For Educational Placement.510 A. Residential Placements B. TSBVI- Texas School for the Blind and Visually Impaired. 513 C. TSD - Texas School for the Deaf D. RDSPD VI. Instructional Programs/Service Delivery.515 A. Adapted Physical Education B. Behavior Improvement Class. 517 C. Content Mastery Program Overview. 517 D. Early Childhood Intervention (ECI) E. Homebound Program. 517 F. Learning in Functional Environments (LIFE) G. Preschool Program for Children with Disabilities 518 H. Speech Therapy 518 I. Vocational AdjustmentClass/Program Section 6. - DISCIPLINE I. Student Code of Conduct II. Change of Placement Decisions Change of Placement Analysis. 601 A. Less than 10 School Day Removals 602 B. More than 10 School Day Removals Consecutive or Cumulative Pattern Manifestation Determination FBA/BIP C. Placement made by ARD/IEP Committee

9 III. Removals A. Teacher Removal..605 B. ISS - In-school Suspension..606 C. Suspension D. Interim Alternative Education Setting: Removals Drugs, Weapons, Serious Bodily Injury School Day Rule 607 DAEP..607 JJAEP E. Expulsion F. Emergency Placement IV. Free Appropriate Public Education (FAPE) for Students Removed Authority of School Personnel ( in full)..617 (a) Case-by-case determination (b) General..617 (c) Additional authority (d) Services (e) Manifestation determination (see also section II.B.) (f) Determination that behavior was a manifestation (g) Special circumstances 619 (h) Notification 619 (i) Definitions V. Confinement, Restraint, Time-out 619 A. Use of Confinement, Restraint, Seclusion, and Time-Out 619 B. Procedures for Use of Restraint and Time-out..620 VI. Due Process..623 A. Procedural Safeguards. 623 B. Conference, Hearing, Review 623 C. Stay Put 624 D. Appeal and Authority of Hearing Officer 625 Expedited Due Process Hearing. 625 E. Placement during Appeals 625 F. Resolution Meeting..626 G. Notice of Disciplinary Actions (Student Moves to another District)..627 H. Protection for Students not Yet Eligible for Special Education..627 I. Noncustodial Parent.628 VII. VIII. Law Enforcement (Report of Drugs; Liability).628 Discipline Records IX. Student Discipline Chart and DISCLAIMER.. 630

10 Section 7 - PROCEDURAL SAFEGUARDS SECTION I. Procedural Safeguards Notice General Distribution to Parents..702 Internet Contents of Procedural Safeguards Native Language II. Prior Written Notice Content of Notice Notice of Evaluation..703 Notice of ARD Meeting.703 Notice of Proposal or Refusal 703 Electronic Mail Timeline for Notice..704 Purpose, Time, Location, Attendance..704 III. IV. Consent Consent means Consent Required for: a. Initial Evaluation.705 b. Special education services c. Reevaluation 706 d. Consent not required 706 Consent to Access Benefits (Public Insurance) Release of Records Consent for Certain Psychological Individual Family Support Plan (IFSP) Transfer of Records from other District..707 Parent Participation in Meetings 708 Definition 708 a. Parent Participation b. Parent Participation in Meeting (Opportunity to Examine Records).709 c. Parent Participation in Placement Decision 710 Mandatory Medications..710 Parental Rights Regarding Adult Students (Section 4 ARD/IEP)..710 V. Confidentiality of Information Definitions Notice to Parents Access Rights Record of Access.712 Records on More Than One Child Types and Locations of Information...712

11 Fees..712 Amendment of Record at Parent Request 713 Opportunity for Hearing..713 Result of Hearing.713 Hearing Procedure..713 Consent for Disclosure of Records..713 Records to Law Enforcement..713 Safeguards (training staff on confidentiality).714 Destruction of Information..714 VI. VII. Surrogate / Foster Parent.714 Definition 714 Criteria and Compensation.715 Requirement of Surrogates 715 Training Procedures 716 Foster Parents acting as Surrogates.717 Assignment Guidelines 717 Assurances Documentation of Training for Volunteer as a Surrogate Parent 718 Documentation of Training for Foster Parent as Surrogate Parent.718 Surrogate Training Completed 719 Independent Educational Evaluation (IEE) (a) General information provided to parent 719 (b) Parent right to evaluation at public expense. 719 (c) Parent-initiated evaluations results considered..720 (d) Requests for evaluations by hearing officers (e) Agency criteria for the IEE Evaluator Requirements. 720 Steps to follow to Request IEE Criteria for Fee Setting Parents Seeking Reimbursement 722 District Consideration of IEE.722 VIII. Complaint Procedures State Complaint Procedures.723 Filing a Complaint 724 Content of Complaint..725 Notice LEA Response Required Model Forms 726 Resolution Process:. 726 a. Resolution Meeting. 727 b. Resolution Period 727 c. Written Agreement..727

12 d. Agreement Review Period..727 Parentally Placed in Private School Due Process Complaint..727 IX. Mediation 728 X. Due Process Hearing.729 Hearing Rights.730 Request for Hearing.730 Impartial Hearing Officer 731 Prehearing Procedure Hearing 732 Evaluation Conducted.733 Hearing Decisions 734 Finality of Decision; Appeal 734 Timelines..735 Special Rule for Expedited Due Process Hearing 735 Attorney s Fees 735 XIII. Civil Action 736 XIV. Student Status during Proceedings.737 Section 8 - ADMINISTRATION SECTION I. Scope and Applicability of Special Education. 802 II. FAPE Free Appropriate Public Education Full Educational Opportunity Goal - FEOG and Program Options. 804 Child Find (located in Section 1-Referral) III. Special Education Defined 804 Scientifically Based Res earch Defined 805 IV. Personnel. 806 Personnel Qualifications Highly Qualified Special Education Teacher (NCLB). 808 Personnel Development 809 V. Curriculum for Students with Disabilities Texas Essential Knowledge and Skills (TEKS) 810 Scientifically Based Research Interventions/Strategies 810 (Scientifically Based Research Defined 805) VI. PEIMS - Public Education Information Management System 811

13 VII. PBMAS Performance Based Monitoring Analysis System. 811 VIII. Collaboration with Agencies Regarding MOU s 815 IX. Transfer of Assistive Technology Devices 820 X. Funding 822 A. Federal Funds Early Intervening Services 822 Supplanting Maintenance of State Support Waiver Use of Amount (Excess Costs) 824 Compliance payments 825 Joint Establishment of Eligibility. 825 Maintenance of Effort (MOE). 825 Exception to MOE 826 Adjustment to Local Fiscal Effort 826 Schoolwide Programs under Title I of ESEA Permissive Use of Funds B. State Funds Distribution Allowable Expenditures 828 Special Education Allotment C. Hospitals. 830 D. JJAEP. 831 E. Nonpublic Private Schools F. Noneducational Funds.831 G. Public Insurance H. TSD Deaf or Hard of Hearing I. RDSPD - Regional Day School Programs for the Deaf. 834 J. TSBVI Visually Impaired 835 K. Residential XIII. State Performance Plan (SPP) XIV. Interventions and Sanctions XV. Shared Service Arrangements XVI. Charter Schools.. 839

14 XVI. Maintaining Special Education Documents A. Archiving Special Education Documents 840 B. Records of Withdrawn Students..842 XVII. Special Education Assessment Inventory Checking out Test Kits/Materials.843 Returning or Reassigning Test Kits/Materials Personnel Responsibility Ordering Additional Materials..844

15 University of Texas - University Charter School POLICY The special education programs in the University of Texas - University Charter School operate under local district board policies. This operational guidelines manual is to clarify and support local district policy, State Board of Education and Commissioner s Rules for Special Education Services, and 34 Code of Federal Regulations (Individuals with Disabilities Education Act) IDEA Part 300 final revised regulations dated August 14, The local district board approved policy manual may be found in the office of the superintendent, the administrative office of each school, the special education office and on the District website at

16 How to Read the UT-UCS Special Education Operating Guidelines Black Bold Print found in each section is the IDEA Federal regulations. Black Regular Print found in each section is the current Texas Administrative Code (TAC) and Texas Education Code (TEC) state regulations. Italics/ Blue print or italics black print (the blue print will appear on the website but if you print a copy on a regular printer the text will appear black), are specific to UT-UCS Special Education Operations.

17 Section 1. - REFERRAL PROCESS Table of Contents I. Prior to Initial Referrals to Special Education 101 (scientifically based programs / early intervening services) II. Appropriate Student Referrals for Special Education Services III. Membership of Campus Intervention/Referral Committee IV. General Education Responsibilities. 103 V. Timeline Initial Referral to Evaluation VI. Special Education Department Responsibilities. 104 A. Referral Packet Completed 104 B. Schedule ARD/IEP Meeting. 106 C. Timeline. 106 D. Transfers from Outside the District already in Special Education. 107 VII. Referrals for Specific Areas: (Review of Existing Evaluation Data) A. Adapted Physical Education (APE) B. Assistive Technology Team C. Attention Deficit Disorder (ADD/ADHD) D. Early Childhood Intervention (ECI) 109 E. Homebound Instruction. 109 F. Limited English Proficient (LEP). 110 G. Occupational Therapy and / or Physical Therapy. 111 H. Preschool Program for Children with Disabilities (PPCD) I. Private / Nonpublic Schools J. Regional Day School Program for the Deaf K. Texas School for the Deaf (TSD). 115 L. Texas School for the Blind and Visually Impaired (TSBVI) VIII. Child Find. 115 IX. Home Language Survey.116 X. Language Proficiency Assessment Committee 118

18 Section 1. - REFERRAL PROCESS I. PRIOR TO INITIAL REFERRALS TO SPECIAL EDUCATION Title I Amendments to the Individuals with Disabilities Education Act (IDEA) Part A-General Provisions 118 Statute Sec. 601 (c) Findings Congress finds the following: (5) Almost 30 years of research and experience has demonstrated that the education of children with disabilities can be made more effective by (A) having high expectations for such children and ensuring their access to the general education curriculum in the regular classroom, to the maximum extent possible; --- (E) supporting high quality, intensive preservice preparation and professional development for all personnel who work with children with disabilities in order to ensure that such personnel have the skills and knowledge necessary to improve the academic achievement and functional performance of children with disabilities, including the use of scientifically based instructional practices,; (F) providing incentives for whole-school approaches, scientifically based early reading programs, positive behavioral interventions and supports, and early intervening services to reduce the need to label children as disabled in order to address the learning and behavioral needs of such children Scientifically based research. Scientifically based research has the meaning given the term in section 9101(37) of the ESEA. (Authority: 20 U.S.C. 1411(e)(2)(C)(xi)) ESEA section 9101 (37) (37) SCIENTIFICALLY BASED RESEARCH- The term scientifically based research (A) means research that involves the application of rigorous, systematic, and objective procedures to obtain reliable and valid knowledge relevant to education activities and programs; and (B) includes research that (i) employs systematic, empirical methods that draw on observation or experiment; (ii) involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn; (iii) relies on measurements or observational methods that provide reliable and valid data across evaluators and observers, across multiple measurements and observations, and across studies by the same or different investigators; (iv) is evaluated using experimental or quasi-experimental designs in which individuals, entities, programs, or activities are assigned to different conditions and with appropriate controls to evaluate the effects of the condition of interest, with a preference for random-assignment experiments, or other designs to the extent that those designs contain within-condition or acrosscondition controls; (v) ensures that experimental studies are presented in sufficient detail and clarity to allow for replication or, at a minimum, offer the opportunity to build systematically on their findings; and (vi) has been accepted by a peer-reviewed journal or approved by a panel of independent experts through a comparably rigorous, objective, and scientific review Determining the existence of a specific learning disability. (b) To ensure that underachievement in a child suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or math, the group must consider, as part of the evaluation described in through (1) Data that demonstrate that prior to, or as a part of the referral process, the child was provided appropriate instruction delivered by qualified personnel; and (2) Data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment of student progress during instruction, which was provided to the child's parents. (c) The UT-UCS must promptly request parental consent to evaluate the child to determine if the child needs special education and related services, and must adhere to the timeframes described in Copyright CMarak 11/

19 and , unless extended by mutual agreement of the child s parents and a group of qualified professionals, as described in (a)(1)-- (1) If, prior to a referral, the child has not made adequate progress after an appropriate period of time, when provided instruction, as described in paragraphs (b)(1) and (2) of this section; and (2) Whenever a child is referred for an evaluation. The local Campus Intervention/Referral Committee is responsible for clearly documenting (b)(1)(2) prior to making a referral to the special education department for evaluation of a student suspected of having a learning disability. If the UT-UCS special education campus coordinator receives a referral from the Campus Intervention/Referral Committee and this section of IDEA (b)(1)(2) has not been addressed, the special education department is obligated by the Federal Regulation to return the referral to the Campus Intervention/Referral Committee for further discussion and implementation of appropriate instruction to support the student prior to a referral to special education for initial evaluation.. Specific Learning Disability is also found in Section 3 Disability Criteria. TAC Referral for Full and Individual Initial Evaluation. Referral of students for a full and individual initial evaluation for possible special education services shall be a part of the UT-UCS's overall, general education referral or screening system. Prior to referral, students experiencing difficulty in the general classroom should be considered for all support services available to all students, such as tutorial; remedial; compensatory; response to scientific, research-based intervention; and other academic or behavior support services. If the student continues to experience difficulty in the general classroom after the provision of interventions, district personnel must refer the student for a full and individual initial evaluation. This referral for a full and individual initial evaluation may be initiated by school personnel, the student's parents or legal guardian, or another person involved in the education or care of the student. The University of Texas - University Charter School will use the Campus Intervention/Referral Committee to consider all intervention services provided, all scientifically based reading or other programs used, any support services available to all students prior to referral for special education evaluation. Interventions such as tutorials, remedial support, compensatory support, and other services will be considered and documented in detail by the Campus Intervention/Referral Committee prior to referral for special education evaluation. II. APPROPRIATE STUDENT REFERRALS FOR SPECIAL EDUCATION Children residing within or attending a private school within the University of Texas - University Charter School who are suspected of having a disability may be referred by the Campus Intervention/Referral Committee for special education evaluation. a. For school-age children, intervention services must be documented by the Campus Intervention/Referral Committee. b. For school-age children, the suspected disability must be interfering with the student s educational progress in order to warrant a referral. c. Students who are not currently enrolled on a campus in UT-UCS may also be referred by the principal, designee of the student s school/private school, physician, parent, etc. d. Students who are new to UT-UCS and have been receiving special education services in the student s previous district will not go through the referral process. (see Transfers/Temporary Placement in this section and ARD/IEP Section 4). TAC Age Ranges for Student Eligibility. Copyright CMarak 11/

20 (a) Pursuant to state and federal law, services provided in accordance with this subchapter shall be available to all eligible students ages Services will be made available to eligible students on their third birthday. Graduation with a regular high school diploma pursuant to (b)(1)-(2) of this title (relating to Graduation Requirements) terminates a student's eligibility to receive services in accordance with this subchapter. An eligible student receiving special education services who is 21 years of age on September 1 of a school year shall be eligible for services through the end of that school year or until graduation with a regular high school diploma pursuant to (b)(1)-(2) of this title, whichever comes first. (b) In accordance with the Texas Education Code (TEC), , (a), and , a free, appropriate, public education shall be available from birth to students with visual or auditory impairments. (See Disability Criteria Section 3 for: TAC Eligibility Criteria) III. MEMBERSHIP OF THE Campus Intervention/Referral Committee a. The membership in the district s overall general education screening system is determined by local campus administration. b. Special education personnel may participate on, but not be assigned primary responsibility for the Campus Intervention/Referral Committee. IV. GENERAL EDUCATION RESPONSIBILITIES a. The general education teacher will consider the student experiencing difficulty in the general classroom for all support services available to all students such as tutorial, remedial, compensatory, and other services. b. The general education teacher will discuss, consider, and document student educational concerns and all educational alternatives and options available and those tried, the amount of time tried, and reasons why those tried did not work. For students referred with a suspected learning disability, data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment of student progress during instruction, must have been documented and provided to the child's parents prior to referral for special education evaluation. Because of the transient nature of UT-UCS s populations, this data may be obtained from previous schools or educational placements. c. If the options tried were not successful, all required information (including Procedural Safeguards) will be completed by the local campus staff with appropriate signatures and dates. Required information includes the TEA publication A Guide to the Admission, Review and Dismissal Process. The student s referral data shall be maintained for documentation purposes within the special education student s eligibility folder. d. For students whose Home Language Survey is other than English, the LPAC report, which must have been completed within the past year, must be included with the referral packet. The student should have been tested in English and their primary language. Referral information will also include referral information, LPAC report, LAS scores or equivalent test, amount of time in ESL, and a copy of the Home Language Survey. The principal will determine the manner in which referral packets are given to teachers. UT- UCS recommends that the principal or instructional coach discuss possible instructional alternatives with the teacher prior to the initiation of the Campus Intervention/Referral Committee to assure appropriate intervention services and scientifically based programs are being implemented. Copyright CMarak 11/

21 V. TIMELINE INITIAL REFERRAL TO EVALUATION Initial evaluations. (a) General. University of Texas - University Charter School must conduct a full and individual initial evaluation, in accordance with and , before the initial provision of special education and related services to a child with a disability under this part. (b) Request for initial evaluation. Consistent with the consent requirements in , either a parent of a child, or UT-UCS, may initiate a request for an initial evaluation to determine if the child is a child with a disability. (c) Procedures for initial evaluation. The initial evaluation-- (1) (i) Must be conducted within 60 days of receiving parental consent for the evaluation; or (ii) If the State establishes a timeframe within which the evaluation must be conducted, within that timeframe; and (2) Must consist of procedures-- (i) To determine if the child is a child with a disability under 300.8; and (ii) To determine the educational needs of the child. (d) Exception. The timeframe described in paragraph (c)(1) of this section shall not apply to UT-UCS if-- (1) The parent of a child repeatedly fails or refuses to produce the child for the evaluation; or (2) A child enrolls in a school of another public agency after the relevant timeframe in paragraph (c)(1) of this section has begun, and prior to a determination by the child's previous public agency as to whether the child is a child with a disability under (e) The exception in paragraph (d)(2) of this section applies only if the subsequent public agency is making sufficient progress to ensure a prompt completion of the evaluation, and the parent and subsequent public agency agree to a specific time when the evaluation will be completed. (Authority: 20 U.S.C. 1414(a)) TEC Full and Individual Initial Evaluation. a. A written report of a full and individual evaluation of a student for purposes of special education services shall be completed not later than the 60th calendar day following the date on which the UT- UCS receives written consent for the evaluation signed by the student s parent or legal guardian. b. The evaluation shall be conducted using procedures that are appropriate for the student s most proficient method of communication. TAC Time Line for All Notices. "Reasonable time" required for the written notice to parents under 34 Code of Federal Regulations (CFR), , is defined as at least five school days, unless the parents agree otherwise Screening for instructional purposes is not evaluation. The screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation for eligibility for special education and related services. (Authority: 20 U.S.C. 1414(a)(1)(E)) VI. SPECIAL EDUCATION DEPARTMENT RESPONSIBILITIES A. Referral Packet The following information will be gathered and the procedures will be followed when a student is referred for an evaluation at UT-UCS. 1. When the Campus Intervention/Referral Committee determines the need for evaluation of Copyright CMarak 11/

22 a disability, a Referral Packet will be completed by the campus team. The Referral Packet must includes (but is not limited to) Parental Receipt of Procedural Safeguards, Notice of Evaluation, Consent for Evaluation and the TEA publication A Guide to the Admission, Review and Dismissal Process. The following forms are available on Esped. Information from Notices Application of Esped Educational Screening/Initial Referral for Evaluation 1 Educational Screening/Initial Referral for Evaluation 2 Educational Screening/Initial Referral for Evaluation 3 Educational Screening/Classroom Observation 1 Educational Screening/Classroom Observation 2 Educational Screening/Classroom Observation 3 Educational Screening/Classroom Observation 4 Educational Screening/Classroom Observation 5 Educational Screening/Classroom Observation 6 Educational Screening/Classroom Observation 7 Educational Screening/Information from Parent/Adult Student 1 Educational Screening/Information from Parent/Adult Student 2 Educational Screening/Information from Parent/Adult Student 3 Educational Screening/Information from Parent/Adult Student 4 Educational Screening/Information from Parent/Adult Student 5 Educational Screening/Information from Parent/Adult Student 6 Educational Screening/Health Information Notice of Proposal to Evaluate 1 Notice of Proposal to Evaluate 2 Notice of Proposal to Evaluate 3 Evaluation Consent 1 Evaluation Consent 2 2. Once the above pages are completed with as much data as can be entered, create a Multi-Select report with the following reports and provide the blank pages to the appropriate staff or parents for completion: a. Educational Screening/Initial Referral for Evaluation b. Educational Screening/Classroom Observation c. Educational Screening/Information from Parent/Adult Student d. Educational Screening/Health Information e. Notice of Proposal to Evaluate f. Evaluation Consent 3. Gather information from other sources such as: Report Card Grades Discipline Referrals Behavior Notes Teacher Records RtI data Copyright CMarak 11/

23 Outside Evaluation Reports (in order to use this information you MUST have consent from the Parent). 4. The special education designee marks on the Referral packet (or in the special education electronic system): the date parent signed Consent for Evaluation is received by the school and the date the FIE is due. 5. Once all the data is gathered archive all the data as follows: a. Archive the Notice of Proposal to Evaluate and Evaluation Consent separately from the Referral Information using the archiving procedures listed in Section 8- Administration. b. Create a cover sheet to upload the documents to Esped and fax to Esped. c. Once the data is uploaded, rename the document to Referral Information 6. Complete the Child Find Form and submit it to the district special education office. When the evaluation is completed fill out the remainder of the Child Find Form and resubmit it to the district special education office. 7. Based on the review of existing data, the campus special education coordinator contacts appropriate special education personnel to assist and/or conduct evaluation (if student is suspected of having an auditory impairment (AI), visual impairment (VI), bilingual, etc.) 8. The multidisciplinary team conducts the evaluation and completes the Full and Individual Evaluation (FIE) written report. The appropriate campus personnel who send the Notice of ARD Meeting are notified when the report is completed. B. Schedule ARD/IEP Meeting The campus special education coordinator notifies the principal that the data collection is complete and ready for the ARD/IEP committee s review. The designated person schedules the ARD/IEP meeting and sends the Notice of ARD/IEP Meeting to the parent and notifies other required participants. (See Procedural Safeguards, section 7 of this manual, for specific requirements on Notice.) The parent must be provided the Notice of ARD/IEP Meeting at least 5 school days prior to the date of the meeting. The parents may waive the 5 day notice if they choose. C. Timeline for ARD/IEP Meeting: TAC (d) The ARD committee shall make its decisions regarding students referred for a full and individual initial evaluation within 30 calendar days from the date of the completion of the written full and individual initial evaluation report. If the 30th day falls during the summer and school is not in session, the ARD committee shall have until the first day of classes in the fall to finalize decisions concerning the initial eligibility determination, the IEP, and placement, unless the full and individual initial evaluation indicates that the student will need extended school year (ESY) services during that summer. Copyright CMarak 11/

24 D. Transfers from Outside the District already in Special Education For students who are new to UT-UCS and have received special education services in the student s previous school district, regular referral procedures are bypassed. Procedures to be followed are included in the ARD/IEP Section 4 of this manual under Transfers. VII. REFERRALS FOR SPECIFIC AREAS: Additional requirements for evaluations and reevaluations. (a) Review of existing evaluation data. As part of an initial evaluation (if appropriate) and as part of any reevaluation under this part, the IEP Team and other qualified professionals, as appropriate, must-- (1) Review existing evaluation data on the child, including (i) Evaluations and information provided by the parents of the child; (ii) Current classroom-based local or State assessments, and classroom-based observations; and (iii) Observations by teachers and related services providers; and (2) On the basis of that review, and input from the child's parents, identify what additional data, if any, are needed. (for entire text, see Section 2 FIE) Any evaluation of an existing special education student is NOT a referral but is a reevaluation and should follow all requirements of found in Section 2 of FIE. A. Adapted Physical Education (APE) Physical education. The TEA must ensure that public agencies in the State comply with the following: (a) General. Physical education services, specially designed if necessary, must be made available to every child with a disability receiving FAPE, unless the UT-UCS enrolls children without disabilities and does not provide PE to children without disabilities in the same grades. (b) Regular physical education. Each child with a disability must be afforded the opportunity to participate in the regular physical education program available to nondisabled children unless-- (1) The child is enrolled full time in a separate facility; or (2) The child needs specially designed physical education, as prescribed in the child's IEP. (c) Special physical education. If specially designed physical education is prescribed in a child's IEP, the public agency responsible for the education of that child must provide the services directly or make arrangements for those services to be provided through other public or private programs. (d) Education in separate facilities. The public agency responsible for the education of a child with a disability who is enrolled in a separate facility must ensure that the child receives appropriate physical education services in compliance with this section. (Authority: 20 U.S.C. 1412(a)(5)(A)) 1. All students referred for adapted physical education evaluation must have an identified disability. A. The request for an adapted physical education evaluation must be made by the Campus Intervention/Referral Committee upon initial referral or by the student s ARD/IEP committee through the review of existing evaluation data process. B. The campus special education coordinator will monitor the referral and forward the request for APE screening/evaluation to the appropriate person. 2. A written report from the adapted physical education evaluation personnel will be made available for ARD/IEP committee consideration and action. 3. For more information see (Section 5 Instructional Arrangements/Service Delivery) Copyright CMarak 11/

25 B. Assistive Technology (For more information see also FIE Section 2 and ARD/IEP Section 4) 1. The Campus Intervention/Referral Committee typically does not address specific Assistive Technology recommendations because all evaluations are comprehensive and address all needs of the student including Assistive Technology.. 2. FIE (Full and Individual Evaluation) - The ARD/IEP Committee will first review the recommendations from the most recent FIE (Full and Individual Evaluation). Assistive technology needs will be discussed and consideration given to the competencies, strengths and weaknesses, and recommendations from the evaluation report. 3. The ARD/IEP Committee may recommend additional evaluation by the technology assistance team. The technology assistance team may include any of the following professionals: Occupational Therapist, Physical Therapist, Speech Pathologist, Diagnostician, Vision Teacher, and others as needed. 4. If the campus technology assistance team is requested for an evaluation, the team member(s) will make written recommendations in an evaluation report for assistive technology services or devices including specific modifications which are needed to implement the student s individual education plan. The ARD/IEP Committee will then consider the recommendations. C. Attention Deficit Disorder / Attention Deficit with Hyperactivity Disorder If the general education staff has documented evidence the student exhibits ADD/ADHD behaviors/symptoms, remember when conferencing with parent: 1. discuss the educational needs with parent and possible instructional strategies; 2. discuss possible need for referral to the Campus Intervention/Referral Committee do not provide information on a specific type of disability which is not your area of expertise and training, etc.; 3. discuss other information, the manner in which testing would be conducted (time lines, outcomes, etc.). 4. the OHI Disability Report for the physician is not to be provided to the parent by the general education staff. If the multidisciplinary team determines the student s behaviors/symptoms are not a result of learning or emotional problems and the student is suspected of an OHI then: 1. disability forms must be completed by a medical doctor. 2. the medical forms are for diagnosis only - we do not pursue medication; 3. if the parent has a doctor who knows the child and would be willing to complete the forms, that avenue may be pursued. 4. the medical doctor is just one member of the multidisciplinary team Caution: Remember that a student may be diagnosed by a physician as having ADD or ADHD but the student may not necessarily have an educational need for special education services. Needs of some students may be addressed by the local campus Section 504 committee or classroom strategies. If you have any questions, please review with your UT-UCS campus personnel or call the UT-UCS special education office. Copyright CMarak 11/

26 D. Early Childhood Intervention (ECI) For the Memorandum of Understanding (MOU) with the TEA and specific referral information, refer to the MOU in its entirety at: ECI is a coordinated system of services available in every county within Texas for children birth to age three with disabilities or delays. ECI is funded through the federal Individuals with Disabilities Education Act (IDEA, Part C), P.L and through state appropriations. ECI supports families to help children reach potential through developmental services. ECI contracts with local agencies and organizations through a funding application process. Approximately half of ECI contracts are with local mental health mental retardation facilities; about one-quarter are with school districts or regional Education Service Centers; and about one-quarter are non-profit organizations. The staff of these programs provides services to children and families. ECI staff may include physical therapists, occupational therapists, speech and language therapists, audiologists, educators, social workers, nurses, dieticians, psychologists, licensed professional counselors, and early intervention specialists. ECI programs must follow the Texas Early Childhood Intervention Policy Manual. The local ECI programs must identify, locate, and screen or evaluate all infants and toddlers, birth through two years of age, who have or are suspected of having developmental delays. ECI must notify the local educational agency, for the area in which the child resides, that the child will shortly reach the age of eligibility for preschool services for children with disabilities. By the child s second birthday, programs must notify the appropriate LEA child find personnel of the child s birth date. The notification must be written and include the following information: Child s name; parent(s) or guardian(s) name; address; telephone listing; and date of enrollment in ECI. The child find system must include procedures for use by primary referral sources for referring a child to the appropriate ECI program for evaluation and assessment. Once the local ECI program receives a referral, it shall appoint a service coordinator as soon as possible. E. Homebound Instruction (see also Instructional Arrangement Section 5) General Education Homebound (GEH) Any general education student should be referred to the local campus GEH committee. A general education student who is served through the GEH program must meet the following three criteria: 1. is expected to be confined at home or hospital bedside for a minimum of four consecutive weeks(the weeks need not be consecutive); 2. for medical reasons only; 3. medical condition is documented by a physician licensed to practice in the United States. Student Attendance Accounting Manual - Section III (4-21) Special Education Homebound The student has already been determined to be a student with a disability and the student is receiving special education services. The UT-UCS will not use the referral committee or a referral packet in this situation. 1. Parent Responsibilities: a. Contact the campus principal / special education teacher. b. Share new medical developments. 2. School Responsibility: a. Obtain parent information and the Physician s Report. The report states the medical reason for homebound confinement and the amount of time suggested by the physician. b. Schedule an ARD/IEP meeting to discuss student s educational needs. Copyright CMarak 11/

27 c. Any student who is placed in the special education homebound instructional arrangement/setting must meet the following four criteria: be eligible for special education and related services as determined by an ARD committee; is expected to be confined at home or hospital bedside for a minimum of four consecutive weeks(the weeks need not be consecutive); for medical reasons only (unless the child is 0 5 years of age); medical condition is documented by a physician licensed to practice in the United States. 19 TAC 89.63(c)(2)(A) d. (see also Instructional Arrangement Section 5) F. Limited English Proficient (LEP) (See also Home Language Survey and LPAC in this Referral Section) 1. For all LEP (Limited English Proficient) Students: A. The LPAC report, which must have been completed within the past year, must be included with the referral packet. The student should have been tested in English and their primary language. B. Referral information will include: Initial referral information, LPAC report, LAS scores or equivalent test, amount of time in ESL, Home Language Survey copy. C. When the packet is completed, it is given to the campus special education coordinator. 2. Speech only referral: For LANGUAGE concerns: A. The language proficiency assessment should be considered with regard to the following: i. If the student is proficient in English and has a lower proficiency in the native language, the normal procedures for the speech pathologist evaluations are followed. ii. If the student is barely proficient in both languages, consult with the Special Education Director before proceeding. iii. If the student is proficient in both languages, normal procedures in English may be followed. For ARTICULATION concerns: B. The articulation evaluation should be considered with regard to the following: i. If the student is misarticulating sounds that are different or not present in Spanish but are in English, therapy would not be appropriate. 3. Referrals for other concerns: A. The language evaluation should be considered with regard to the following: i. If the student is proficient in English and lower in the native language, the usual procedures for testing are followed. ii. If the student is barely proficient in both languages, consult with the Special Education Director before proceeding. iii. If the student is proficient in both languages, normal procedures in English may be followed. B. If the student is not proficient in either language, a bilingual assessment should be requested. Consideration should be given to the following: i. Students who have been in English speaking schools for less than two years should be given careful consideration relative to referral. Copyright CMarak 11/

28 ii. If the student has received English instruction for two or more years and there is no evidence of previous academic instruction in the native language, the LPAC may recommend testing in English or use of an interpreter. G. Occupational Therapy and / or Physical Therapy 1. The Campus Intervention/Referral Committee does not refer students for OT or PT because a student must already be eligible for special education services before he/she can be referred for an occupational and/or physical therapy screening or evaluation. 2. A student may be referred by the ARD/IEP meeting after review of existing evaluation data and planning the evaluation to be completed. Also, teachers, parents, physicians, and others may request referral through the ARD. 3. Occupational and/or physical therapy services are provided to students whose disability, as determined through evaluation, interferes with their ability to benefit from educational programming. 4. The campus special education coordinator is the designated person to monitor the referrals and assure notice and consent has been given to the parents. The campus special education coordinator will submit the following forms to the therapist when referring a student: A. Completed Notice and Consent for a Full and Individual Evaluation; B. OT/PT Therapy Referral Form (completed by parent, teacher, counselor, campus special education coordinator, etc.); 5. Description of Therapy Services A. Evaluation: The therapist will look at and observe the student, using standardized tests, and clinical evaluations. The evaluation will address and analyze areas that affect the student s ability to benefit from instruction. Areas included in the evaluation are: i. sensorimotor functioning ii. neuromuscular abilities iii. self-care skills iv. vocational skills v. school/work activities vi. perceptual-motor skills C. Recommendations: The therapist will complete the evaluation and make appropriate recommendations for the educational setting. Services will be determined by the child s need and how that need can best be met within the school, home, and community settings. An ARD/IEP meeting will be called to discuss therapist s evaluation and recommendations. D. Occupational Therapy: Occupational therapy services include the evaluation, consultation, and/or direct services to individuals whose ability to cope with the tasks of living and learning is threatened or impaired by developmental deficits, environmental or sensory deprivation, physical injury, illness, or psychological disability. C. Physical Therapy: Physical therapy is the art and science of evaluation, program planning, and implementation of physical or corrective conditions resulting from birth, illness, or injury. Physical therapy includes therapeutic exercise programs designed to develop or restore neuromuscular and / or sensorimotor function, relieve pain, control postural deviations, minimize disabilities, and maintain maximal performance levels within the individual s capabilities. D. Students who evidence problems with one or more of the following characteristics may be referred for an OT/PT screening or evaluation: i. Holding head and/or body upright ii. Using arms and hands in manipulative tasks iii. Using only one hand when both are preferable Copyright CMarak 11/