Justification Statements for EI/ECSE

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Justification Statements for

EI/ECSE

ODE

Fall 2007 SPR&I Training

1

Why?

 In both EI and ECSE, federal and state laws require we consider the natural or typical environment respectively as an option when determining where a child will receive educational services .

2

Early Intervention :

 Compliance with Federal Regulation CFR

303.344:

To document and explain why the child’s outcomes cannot be achieved in a natural environment

Natural Environments include:

Child’s home,

Child care setting

Other typical family settings such as parks, grocery stores, community pools, and library reading times.

3

Early Childhood Special

Education

Compliance with Federal Regulation CFR

300.116:

To document and explain why the child’s outcomes cannot be achieved in a setting with typical peers.

4

Key Areas

 There are three areas on the IFSP where an explanation is required in regards to where a child receives services:

– two on the IFSP Service page (one for EI and one for ECSE)

– one on the IFSP Placement Decision page (for

ECSE).

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Federal law, IDEA Part C

 In determining alternate placements, the IFSP team must review the settings used by the family and determine that EI services cannot be achieved in the child’s natural environment

 The team may provide EI services in a setting other than a natural environment only when the EI services cannot be achieved in natural environments

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IFSP Services Page

 EI: You must sufficiently answer the question:

Are EI Services in the child’s natural environment? If not, please explain why EI services could not be achieved in the natural environment

– For children under age three, “home” or the place where the child’s typical peers are (e.g., the child care provider’s house) is the natural environment.

– If the child will receive services in a setting other than the natural environment, explain why services cannot be provided in such a setting . (OAR 581-015-2835)

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IFSP Services Page:

ECSE Instructions

 ECSE: You must sufficiently address the following:

“If ECSE services will not be provided with typical peers in an early childhood program, explain the reason(s) for not providing services with typical peers .”

–This statement should be consistent with reasons provided on the Placement Decision page .

–This item applies to children age three to school age.

–If the child is under age three, indicate that the item is not applicable.

–For children age three and older, explain why the services cannot be provided in the setting they would attend if they were not disabled. (OAR 581-015-2845)

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IFSP Services Page: ECSE

Instructions

 If the child has not made satisfactory progress toward an outcome in an early childhood program, include this information in the justification statement.

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What about Home?

 Please note that while home is considered a typical setting, due to the way the law is written [OAR 581-015-2845 (3) and CFR

300.116 (c)] this is a circumstance in which you must write an explanation for placement if there are no typical peers in the home.

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Unacceptable Justifications

 Unavailability of therapists to treat in natural or early childhood settings, and therapist or parent preference are not acceptable justifications.

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Acceptable Justifications

 EI: Any restrictions in the child’s natural environment that hinder the child meeting their goals and objectives.

– Example: Child has goals in motor development and their home does not have adequate space.

ECSE: When a specific type of classroom structure is needed to implement the child’s goals and objectives.

– Example: The child’s need for intensive instruction to meet their goals and objectives requires high teacher: student ratio.

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IFSP ECSE Placement

Decision Page

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IFSP Instructions for the

Placement Page

 Enter the child’s name, birth date, date of placement decision, and date of the IFSP.

 Indicate the evaluation reports upon which the placement decision is based.

 List the individuals who participated in the meeting. The placement decision is made by a group of persons, including the parents, and other persons knowledgeable about the child, the meaning of the evaluation data and the placement options

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IFSP Instructions for the

Placement Page

 Enter the placement option(s) considered.

 Document consideration of each option, including the setting or school the child would attend if not disabled.

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IFSP Instructions for the

Placement Page

 Document the benefits and possible harmful effects on the child or on the quality of services which he or she needs, and the modifications, aids or services for each placement consideration.

 Indicate the selection or rejection of each option.

 The selected option is based on implementing the child’s IFSP Goals and Objectives in the setting

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IFSP Instructions for the

Placement Page

 For the chosen placement, the explanation should clearly indicate why the option meets the child’s educational needs. Your statement must be comprehensive enough that a person new to the team could read the statement in isolation and understand how the IFSP team selected the placement options.

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Statements to Avoid!

 A. Statements that merely name or describe the child's disability category. (Sam is autistic)

 B. Statements that are too general and that do not adequately explain the team’s decision based on each child's unique needs. (Needs specially designed instruction to meet needs)

 C. Justification statements that simply state "1:1 instruction."

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Statements to Avoid!

 Indicating that there was no appropriate placement for the child and so s/he was placed in a setting without typical peers: If you anticipate this problem, it would be advisable to do some community mapping to assure you have contact with all possible resources.

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Statements to Use

 Statements that describe the child’s specific needs for a more restrictive setting to implement goals and objectives.

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Examples

 Handout: Examples of statements addressing the question of natural environments, LRE, and Placement decisions. Do they tell you what you need to know? Are they in compliance with the law? If not, what is missing?

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