Lenoir County
Public Schools
Office of Civil Rights
Resolution Training
AGENDA
OCR- Danielle Parrish
 SST – Jill Croom
 RE Forms – Lynn Heath
 504 – Anita Sykes
 504 Forms – Danielle Parrish
 Closure – Danielle Parrish

Resolution Commitments




Standard Error of Measurement for EMD
eligibility
Appropriate use of SEM, Mental Ability, Adaptive
Behavior, and Achievement in eligibility
determination
SEM, testing interpretation, emphasis on
adaptive behavior and achievement
consideration training for regular participants
One member must be trained in interpretation,
evaluation and eligibility determination and
intervention consistency
Resolution Commitments




Two year monitoring process for EMD eligibility
with SEM, adaptive behavior and achievement
consideration
Review of all Middle and High School EMD
students to determine continued eligibility
Facilitate successful transition plans for students
found no longer eligible
DPI consultation for students found no longer
eligible, but for which exiting would jeopardize
graduation
Resolution Commitments




Monitoring system for exited students to gauge
progress in general education program
Establishment of guidelines for re-evaluation
and additional assessments
Two year monitoring period for re-evaluations to
ensure assessment data is considered
Submit to monitoring and compliance reports as
deemed necessary by OCR
Resolution Issues for Monitoring
Inclusion and LRE not consistent
throughout the county
 504 eligibility not consistent throughout the
county
 Lack of “Centralized Oversight” to gauge,
monitor and ensure correct application for
504 and EC procedures

Standard Error of Measurement with
Educable Mentally Disabled Eligibility
North Carolina Department of
Public Instruction identifies the
SEM with a score of 69 +/- 3 for
our WISC -IV
SEM, Adaptive Behavior, and
Achievement Consideration




Three areas that must be considered in eligibility
determination
Each area is equally important and eligibility
must include low to low average ranges in all
three
NCDPI has new focus on adaptive behavior over
IQ
Student performance and data driven
assessments can be additions, but heavy
documentation must be included
Testing Your Knowledge





IQ – 70, Achievements range 69-85, Adaptive
Behavior of 80
IQ – 65, Achievement range 72-84, Adaptive
Behavior- 75
IQ – 72, Achievement range 60-78, Adaptive
Behavior – 70
IQ – 78, Achievement range 75-82, Adaptive
Behavior -70
IQ- 62, Achievement range 60-72, Adaptive
Behavior – 60
“CENTRALIZED OVERSIGHT”

Program Compliance Specialists have
been and will continuously be trained on:

new DPI standards and eligibility
requirements
 Assessment and intervention consistency
 Interpretation of evaluation data
“CENTRALIZED OVERSIGHT”
System-wide procedures for interventions
through new Student Success Team
 Oversight of all Initial Evaluations,
Eligibility Determinations, Re-Evaluations,
and Exit Determinations
 District monitoring of all EMD eligibility and
re-evaluation decisions

Successful Exit Transitions
Monitoring for rate of all exiting students
from EC program
 Success Plans (PEP or similar)
development for all exiting students
 Monitoring of general education progress
by exited students

Where do we go from here?
We have incorporated new IDEA ’04
requirements for intervention models prior
to evaluation with the OCR intervention
requirement
 Created new Student Success Team
training, formation, procedures and
Problem Solving Model for required
system-wide implementation

Still Going . . . .



Created Program Compliance Specialist facilitation at all
SST meetings, Initials, Re-evaluations, and eligibility
determinations to provide “Centralized Oversight” at all
critical areas. (Also at FBA, BIP and MDT)
Created Instructional Interventions and Trainers to
deliver and assist with Interventions requirement and
also align with IDEA 04 scientific, research-based
instructional interventions
Revamped 504 Procedures and Eligibility Manual
The Student
Success Team
Jill Croom, Intervention and Positive
Behavior Support Specialist
Student Success Team
Focus on intervention rather than on what
is wrong with the child
 Focus on the solution rather than the
problem
 Focus on positive outcomes for all
students
 Focus on all educators being responsible
for all children

Fundamentals of a
Problem-Solving Process
Identify and analyze the problem
 Generate possible strategies or
interventions
 Implement the intervention plan
 Monitor student progress to determine
success
 Evaluate, review, and revise the plan

Problem Solving for Success







Involving Parents
Working Collaboratively
Sharing Expertise
Sharing Responsibility
Using Appropriate Resources
Defining the Problem
Considering Environment, Instruction,
Curriculum, and Learner
Problem Solving for Success
Designing and using appropriate and
effective interventions
 Setting measurable goals
 Collecting data
 Monitoring and reviewing student progress
 Analyzing and evaluating results
 Making decisions

Student Success Team
Members
SST Chairperson
 Referring Teacher
 School Counselor
 Administrator
 General Education Teacher
 Exceptional Children Teacher
 Program/Compliance Specialist

Roles of Team Members
(Best Practice)
Chairperson
 Secretary
 Record Manager
 Task Manager/Time Keeper
 Intervention Resource

Monthly Meeting Dates
Parent Involvement
Interventions
Accommodation-Accommodations are
supports or services to help a student
access the general curriculum and validly
demonstrate learning.
 Intervention-An intervention requires
direct instruction of a skill and data
collection in the area of concern.

Accommodation/Modification
or
Intervention









Preferential Seating
Extended Time on Tests
Flash Cards-Drill and Practice
Small Group Instruction
Reduce Number of Spelling Words
Provide Summary of Chapters
Employ SuccessMaker 3Xs/per Week
Create Thinking Maps
Praise and Attention
Collecting Data

Progress monitoring is a scientifically
based procedure used to assess the
effectiveness of targeted
instruction/intervention that involves
frequent assessment of a skill.
Referral Procedures
and Forms
Lynn Heath
Exceptional Children’s
Coordinator
RE 2
First form in the process
 Send home the pink copy and keep the
original for the folder
 Importance of RE 2 date
 Be specific
 Change in form (minimum of 6 to 8 weeks)
 No parent signature is required

RE 1

Complete demographic information
RE 1
Parent Contacts
Document the two parent contacts
 Area of improvement
 Purpose and outcome of contact
 Must occur before the SST referral
 Must be beyond routine parent contacts
 Examples of parent contacts
 Use resources at school to make parent
contacts
Parental Notification of Screening
Procedures Form
Documentation of the date that you sent
the RE 2 home
 Must match the date on RE 2

Third Party Observation
Must be completed by the LD teacher
 Eyes for the SST
 Comments
 Attach documentation if needed

RE 1 (a) Data Collection
Cumulative Record Review
 Record of Previous Testing
 Group Standardized Test
 General Medical-Health Screening
 Social Functioning, Environmental and
Cultural Status

RE1(b)







Change in form
Area of concern
Documentation of interventions the general
education teacher has implemented prior to the
SST.
Three part dates
Begin and end dates should be different for each
intervention
Check Results of intervention
Signature required
RE1 (c)
Requirements for SST
 Two parents contacts
 Record review
 General medical-health screenings
 Speech screening
 Documentation of at least 2 interventions
by the general education teacher
RE 1 (c)
Documentation of the outcome of the SST
 3 choices
 What are the interventions that the SST
team recommended
 Can have as many SST meetings as
needed

What to bring to SST
Cumulative Record
 Parent Contact Documentation
 Work samples
 Behavior logs
 Documentation of the intervention

Refer for Evaluation
No longer Regular Education
 Program Compliance Specialist accepts
the folder and begins the EC process
 Referral committee meets

Speech Language Impaired
Consideration



The Regular Education teacher will complete the
new SP-2, and the SP-1 series.
The Regular Education teacher will submit to the
Student Success Team.
If and when the SST determine this student is
eligible for evaluation, the PCS will lead this
referral through the DEC 7, Re-evaluation
Process.
Successful Interventions



If a student is successful with interventions after
two follow-up meetings, then that referral folder
can be closed out.(6-8 weeks of intervention
If that student has issues later in the year, that
same folder can be reopened on the RE1(c)
Documentation needs to be made as to the
circumstances and the team would proceed with
new interventions.
REMINDERS . . . .
New forms are being printed
 Use the directions and examples to assist
your teachers in completing the forms
 Use resources in the SST manual
 Recommend staff development at the
school level.

EXCEPTIONAL CHILDREN &
INTERVENTION SERVICES
For the Love of All Children!
Danielle Parrish, Director
Anita Sykes, Special Populations Coordinator
Meeting the needs of students with
disabilities in Lenoir County Public Schools
that are otherwise not certified for the
Exceptional Children’s Program
“Nothing is more unequal
than the equal treatment of
unequal people . . . .”
Thomas Jefferson
It is the intent of the
Lenoir County Public Schools to
provide a Free and Appropriate
Public Education (FAPE) to each
disabled student within its
jurisdiction regardless of the
nature or severity of the disability.
THE LAW
Section 504 of the
Rehabilitation Act of
1973 is one of three
statutes that protects
the civil rights of
students with
disabilities. The other
two are Title II of
Americans
w/Disabilities Act of
1990 (ADA) and
Individuals with
Disabilities Education
Act of 2004 (IDEA).
“No otherwise qualified
individual with a
disability. . . shall,
solely by reason of
her or his handicap,
be excluded from
the participation in,
be denied the
benefits of, or be
subjected to
discrimination
under any program
or activity receiving
federal financial
assistance.”
Who is Eligible?




People who have a disability.
People who have a record of having a disability.
People who are regarded (and/or are treated) as
having a disability.
Section 504 defines a disabled person as having
a “physical or mental impairment that causes a
substantial limitation in the ability to perform one
or more major life activities.”
What does this mean?




A physical impairment may include any physiological
disorder, cosmetic disfigurement or anatomical loss.
A mental impairment may include any mental or
psychological disorder such as mental retardation,
mental or emotional illness, organic brain disorders,
and/or specific learning disabilities.
“Substantial limitation” has been described as an
inability to perform a major life activity in the
condition or manner of or for the duration that an
average person of approximately the same age can
perform that major life activity.
Major life activities include: caring for one’s self,
performing manual tasks, walking, seeing, hearing,
speaking, breathing, working and learning.
Who is Not Eligible ?





People currently using illegal drugs or alcohol and who are currently
breaking school conduct codes regarding the use of drugs and
alcohol.
People whose disability is considerably reduced to the point where
there is no substantial limitation due to the use of mitigating factors. .
. .such as eyeglasses, hearing aids, medication or therapy.
People who are socially maladjusted and demonstrate a learned
behavior associated with environmental factors . . . Ie. Stress,
disorganized family and/or lack of supervision.
People who are “slow learners” that have borderline cognitive and/or
academic skills.
People who are eligible for and have refused services under IDEA
2004.
What are Section 504 Services?

Referral – Anyone can refer a child for evaluation under Section
504; however, “the school district must also have reason to
believe that the child is in need of services under Section 504
due to a disability.” (OCR Memorandum 4/29/93). The key to
referral is whether the school district suspects that the child is
suffering from a mental or physical impairment that substantially
limits a major life activity and is in need of either regular
education with supplementary services or special education and
related services.

Screening – The Student Success Team must notify parent of
screening procedures by using the Parental Notification of
Screening Procedures Form. If screening indicates a problem,
a referral using the 504-1 must be completed for evaluation.
Section 504 Services cont’d

Evaluation – This process will be determined by the type of
disability that is suspected and the kind of anticipated services.
The parent must be notified of the types of evaluation
procedures that will be used including existing data. If testing is
needed, the SST must document parent consent using the 5042.

Eligibility Determination – Following the evaluation, the SST
must determine eligibility by completing the 504-3. The school
system does not require the consent of the parent to provide
Section 504 services. However, the parent must be notified of
the eligibilty and 504 Plan development meeting(s) with
documentation of the effort to involve the parent using 504-C.
Section 504 Services cont’d

Re-evaluation – Lenoir County Public Schools requires a
tri-annual re-evaluation cycle and prior to any significant
change in placement, long-term suspension, and/or
expulsion.

Transfer – A student’s eligibility under Section 504 and
the 504 Plan are not “portable.” Lenoir County Public
Schools requires that a school continue to operate under
the 504 Plan of a transfer student during their SST’s
eligibility determination process.
GRIEVANCE PROCEDURES
Lenoir County Public Schools uses a multi-tiered
grievance procedure.
School Level Review: Complaints of alleged violations
addressed through the Student Success Team, Asst.
Principal or Principal.
System Level Review: If complaint is not satisfactorily
resolved, a written complaint is filed with the 504
Coordinator, Anita Sykes.
Hearing Panel Level Review: If complaint is not
satisfactorily resolved through System Level Review, the
complainant may submit a request for a Section 504
Review Hearing.
At any point in this grievance procedure, the complainant
may file a formal complaint with the Office of Civil Rights.
504-1 Referral


Give specific details about the suspected disabling
condition and how you have measured it’s impact on
educational performance
Johnny’s diagnosis of ADHD is evidenced by his inability
to focus on guided practice and independent work. He
can complete small chunks of work initially, but gets lost
with larger assignments and tests. Included with this
referral are assignments that show he is able of
completing skills initially, but can not complete the same
skill task in repetition.
504-2 Consent
As with EC Services, parental notification
must be given for all screening services.
 All evaluations require parental consent.

504-3 (1 of 3) Eligibility




List and describe the disabling condition
You must be able to rule out cultural, economic
and/or environmental factors
Mitigating factors that reduce significantly or
eliminate the disabling effects also eliminate
eligibility.
Make sure that you can document the negative
impact of the MLA
504-3 (2 of 3) Eligibility
These questions are very detailed. Your
deciding factor is the term “substantially
limits”.
 Kids that are getting C’s or D’s are still
making progress. 504’s do not guarantee
the honor roll, excuse absences,
guarantee promotion, or guarantee Honors
or AP enrollment.

504-3 (3 of 3) Eligibility



The team uses all information to determine
eligibility.
Team needs to reconvene a minimum of every
three years, upon transfer to another school,
changes in placement, long term suspension,
and expulsion.
Make sure to check whether this was a reevaluation or initial placement at the bottom.
504 – 3 (a) Summary

This is the altered DEC 3 Summary form.
Fill in all applicable areas for screenings
and evaluations completed in the
determination for eligibility process.
504-4 (1 of 2) Plan
Remember these accommodations are
what the regular education teacher will do
to modify the instructional delivery within
her classroom.
 These modifications should be directly
related to the referral concerns.
 Little Johnny at the beginning would need
multiple test sessions

504-4 (2 of 2) Plan



Complete only the testing accommodations that
relate to the referral.
Make sure that parents receive a copy of all
paperwork and a copy of Parent Rights for
Section 504
There needs to be a designated 504 coordinator
at each school that collects and manages all 504
paperwork, including keeping a database of
testing accommodations to work with testing
coordinators.
IDEA vs. 504



IDEA
Evidence of a disability
That impede a student’s
ability to access his/her
education (Ability and
Achievement
discrepancy)
That also requires
specialized instruction.
504
Evidence of a disability
That impede a student’s
ability to access his/her
education (MLA)



In Closing
QUESTIONS & SOLUTIONS

A Q&A document will be developed after
today’s session and posted on the EC
website.
Lenoir County Public Schools does not discriminate on the basis of race,
color, national origin, sex, creed, marital status, age, or disability in its
programs, activities, or employment practices. The Public Information
Officer is the Title IX Compliance Officer and can be reached at 2017
West Vernon Ave., Kinston, NC 28502, and telephone number, 252
527-1109