Metropolitan School District of Decatur Township 5275 Kentucky Avenue Indianapolis, IN 46221 (317) 856-5265 (317) 856-2165 fax www.msddecatur.k12.in.us Continuing the Learner-Centered Journey MSD of Decatur Township Evaluation Procedures The MSD of Decatur Township is committed to providing all students with a Free and Appropriate Public Education. The following information pertains to basic procedures regarding educational evaluations. For more detailed information, please reference Article 7, Procedural Safeguards, or Navigating the Course. Requesting an Educational Evaluation When a parent or guardian has a suspicion that their child may have a disability and may be in need of an educational evaluation, then a request can be made verbally or in writing to licensed school personnel, which includes the principal, assistant principal, instructional coach, teacher, speech and language pathologist, or school psychologist. The appropriate individual, usually the school psychologist or speech and language pathologist depending on the disability in question, will contact the parent or guardian within ten (10) school days to discuss concerns and decide whether or not the educational evaluation will take place. Written notice must be provided to the parent by the school indicating if the school agrees or refuses to conduct the evaluation. This notice must include the information used to make the decision by the school, a copy of procedural safeguards or how to obtain a written copy of procedural safeguards, and a list of sources for parents/guardians to contact for assistance in understanding Article 7 procedures and provisions (which are contained in the Procedural Safeguards). If the school agrees to conduct the educational evaluation, then the written notice will also include the evaluation timeline, a description of the evaluation procedures, and how the parent may obtain a copy of the evaluation report or schedule a meeting to discuss the results of the evaluation prior to the case conference committee meeting. If the school does not agree to conduct the educational evaluation, then an explanation of the parent’s right to contest the decision by requesting mediation or a due process hearing will be provided. If the teacher or another staff member who works directly with the student suspects a disability, then the staff member will take his/her concerns to the school psychologist and/or speech and language pathologist. Before the school can conduct the educational evaluation, signed parental consent must be obtained. Once parental consent is received, then the timeline begins for the educational evaluation. The school has fifty (50) school days to conduct the comprehensive educational evaluation and hold a case conference to discuss the results and decide if the student meets the requirements to be eligible for special education services. If the student has gone through a full RtI process and has not shown progress, then the evaluation will be completed within twenty (20) school days. This RtI process is when a student has participated in specific scientific, research-based interventions and instruction based on the needs of the student. The interventions and instruction provided must have been implemented with integrity and consistency and progress monitoring must have occurred at specific intervals throughout the intervention process. Eligibility Categories There are 13 different eligibility areas for which a student could be eligible to receive special education services. In each case, the student’s educational performance must be adversely affected by the disability in order to receive special education services. Autism Spectrum Disorder (ASD) is a lifelong developmental disability that includes autistic disorder, Asperger's syndrome, and other pervasive developmental disorders, as described in the current version of the American Psychiatric Association's Diagnostic Statistical Manual of Mental Disorders. The disability is generally evident before three (3) years of age and significantly affects verbal, nonverbal, or pragmatic communication and social interaction skills and results in an adverse effect on the student's educational performance. Blind or Low Vision (BLV), which may be referred to as a visual impairment, means a disability that even with best correction affects the student's ability to use vision for learning. Cognitive Disability (CD) is manifested during the developmental period, is characterized by significant limitations in cognitive functioning (defined as 2 or more standard deviations below the mean) and is demonstrated through limitations in adaptive behavior (defined as 2 or more standard deviations below the mean). Deaf or Hard of Hearing (DHH), which may be referred to as a hearing impairment and means: A disability that, with or without amplification, adversely affects the student’s: Ability to use hearing for developing language and learning Educational performance Developmental progress The hearing loss may be: Permanent or fluctuating Mild to profound Unilateral or bilateral Students who are deaf or hard of hearing may use Spoken language Sign language A combination of spoken language and signed systems 2 Deaf-Blind, which may be referred to as dual sensory impaired, means a disability that is a concomitant hearing and vision loss or reduction in functional hearing and vision capacity, causes significant communication and cannot be accommodated for by the use of a program or service designed solely for students who are: deaf or hard of hearing or blind or have low vision. Developmental Delay (DD) is a disability category solely for students who are at least three (3) years of age and not more than five (5) years of age, or five (5) years of age but not eligible to enroll in kindergarten. Developmental delay means a delay of either two (2) standard deviations below the mean in 1 of the following developmental areas or one (1) and one half (½) standard deviations below the mean in any two (2) of the following developmental areas: Gross or fine motor development Cognitive development Receptive or expressive language development Social or emotional development Self-help or other adaptive development. Emotional Disability (ED) means an inability to learn or progress that cannot be explained by cognitive, sensory, or health factors. The student exhibits one (1) or more of the following characteristics over a long period of time and to a marked degree that adversely affects educational performance: A tendency to develop physical symptoms or fears associated with personal or school problems A general pervasive mood of unhappiness or depression An inability to build or maintain satisfactory interpersonal relationships Inappropriate behaviors or feelings under normal circumstances Episodes of psychosis Language or Speech Impairment (LI, SI) is characterized by one (1) of the following impairments: Language Impairments in the comprehension or expression of spoken or written language resulting from organic or nonorganic causes that are nonmaturational in nature. Language impairments affect the student’s primary language systems in one (1) or more of the following components: Word retrieval Phonology Morphology Syntax Semantics Pragmatics Speech impairments that may include fluency, articulation, and voice disorders in the student’s speaking behavior in more than one (1) speaking task that are nonmaturational in nature, 3 including impairments that are the result of a deficiency of structure and function of the oral peripheral mechanism. Multiple Disabilities means coexisting disabilities, one of which must be a significant cognitive disability. The coexisting disabilities are lifelong and interfere with independent functioning, and it is difficult to determine which disability most adversely affects educational performance. The term does not include deaf-blind. Other Health Impairment (OHI) means having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment that is due to chronic or acute health problems An Orthopedic Impairment (OI) is a severe physically disabling condition that adversely affects educational performance. The term may include impairments caused by any of the following: A congenital anomaly A disease, such as o Poliomyelitis or o Bone tuberculosis Other causes, such as o Cerebral palsy o Amputations or o Fractures or burns that cause contractures Specific Learning Disability (SLD) means a disorder in one (1) or more of the basic psychological processes involved in understanding or in using language, spoken or written, that adversely affect the student's educational performance, including conditions referred to, or previously referred to, as perceptual handicaps, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. A Traumatic Brain Injury (TBI) is an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a student's educational performance. The term applies to open or closed head injuries resulting in impairments in one (1) or more areas, such as the following: Cognition Language Memory Attention Reasoning Abstract thinking Judgment Problem solving Sensory, perceptual, and motor abilities Psychosocial behavior 4 Physical functions Information processing Speech The term does not apply to brain injuries that are: Congenital or degenerative or Inducing by birth trauma The Evaluation Once parental consent is obtained, then a comprehensive educational evaluation is completed. The educational evaluation will include the specific legal requirements as outlined by Article 7. These requirements vary based on the suspected eligibility area. These components may or may not include assessment in the following areas: 1. Development 2. Cognition 3. Academic Achievement 4. Functional performance or adaptive behavior 5. Communication skills 6. Motor and sensory responses 7. Social and developmental history 8. Available medical and/or mental health information 9. Assessment of progress and interventions 10. Functional behavior assessment (FBA) 11. Observation 12. Systematic observation Eligibility Once the educational evaluation is completed, a case conference committee (CCC) will convene within fifty (50) or twenty (20) school days, depending on the type of evaluation, to discuss the results. If the student is found eligible for special education services: Current psychoeducational evaluation report written by the multidisciplinary team found evidence to indicate any of the thirteen (13) special education eligibilities outlined in Article 7. The CCC agrees that the student is eligible. An Individual Education Plan (IEP) is developed and sent home within ten (10) business days. An initial IEP requires a parent signature before any part of the IEP can be implemented. The student’s IEP will be reviewed at least once annually at a mutually agreed upon time between school personnel and the child’s parent. 5 If the student is found ineligible Current psychoeducational evaluation report written by the multidisciplinary team did not find evidence to indicate any of the thirteen (13) special education eligibilities outlined in Article 7. The CCC agrees that the student is not eligible. A Notice of Ineligibility is finalized and sent home to the parent within ten (10) business days. This document does not require a signature. Evaluation findings are considered to be valid for one (1) year after the case conference date. Reevaluations Once a student is eligible for special education and/or related services, any subsequent evaluation of the student is considered a reevaluation. Procedures NOT defined as a Reevaluation include: Test administered to all students Screening of students by a school staff member to determine implementation of appropriate curriculum Review of existing data of a student Collection of progress monitoring data for Response to Instruction (RtI) or researchbased interventions The MSD of Decatur Township must consider reevaluation for each student: At least once every three (3) years; however it is addressed yearly through the Indiana IEP (IIEP) system; and/or If the school determines that additional information is needed to address the special education or related service needs of the student; and/or If the reevaluation is requested by the school or the student’s parent. Parent or staff may request a reevaluation for the purposes of: Reestablishing eligibility for special education and related services o This reevaluation is due at the next annual case conference meeting. Determining that the student is eligible for special education and related services under a different or additional eligibility category o This reevaluation case conference must be convened within fifty (50) school days of the date parental consent was received by licensed school personnel. Informing the case conference committee of the student’s needs. o This reevaluation case conference must be convened within fifty (50) school days of the date parental consent was received by licensed school personnel. 6 A reevaluation may be requested at any time by a parent – either in a case conference, or outside of a case conference. Once the reevaluation request is received by licensed school personnel, the timeline begins. The same timelines apply to reevaluations as to evaluations. Situations which may require a reevaluation: A change in eligibility area is suspected An additional eligibility area is suspected The school suspects that the student no longer demonstrates one or more of his/her current eligibilities for special education services. Additional information is needed to help guide the most appropriate educational plans for the student, including an occupational or physical therapy evaluation or the need for assistive technology. A student with a disability moves into the MSD of Decatur Township and needs further assessment data. A parent request for a reevaluation can be made verbally or in writing to licensed school personnel. If the parent fails to respond to the school’s request for a reevaluation, the school may conduct the reevaluation without parental consent if the school has made appropriate, documented efforts to obtain consent (i.e., phone calls, e-mails, letters home, home visit, etc.). If the parent refuses consent, the school may pursue mediation or a due process hearing in the event they still wish to proceed with the reevaluation. If the school determines that a reevaluation may be needed, the Teacher of Record (TOR) and the school psychologist will discuss the concerns to determine whether or not a reevaluation is warranted. This can occur at the annual case conference meeting with the parent or outside of the case conference meeting. After a request for a reevaluation is made, written notice must be provided to the parent by the school indicating if the school agrees or refuses to conduct the reevaluation. This notice must include the information used to make the decision by the school, a copy of procedural safeguards or how to obtain a written copy of procedural safeguards, and a list of sources for parents/guardians to contact for assistance in understanding Article 7 procedures and provisions (which are contained in the Procedural Safeguards). If the school agrees to conduct the reevaluation, the reevaluation procedures and timeline must be included in the notice. If the school refuses to conduct the reevaluation, the actions the parent can take to challenge the school’s decision must be included in the notice. 7 Related Services Article 7 Definition of Related Services: “Related services” means transportation and developmental, corrective, and other supportive services that are required for a student to benefit from special education. The public agency must provide related services to a student if the student’s case conference committee determines that related services are necessary for the student to benefit from special education. (511 IAC 7-43-1 Sec. 1. (a)) Related services may be given as: Direct services by qualified professionals; or Integrated services by school personnel acting in accordance with the instructions of qualified professionals Related services include the following: Audiological services Counseling services Early identification and assessment of disabilities in children Interpreting services Medical services for the purpose of diagnosis and evaluation Occupational therapy (OT) Orientation and mobility services Parent counseling and training Physical therapy (PT) Psychological services Recreation (including therapeutic recreation) Rehabilitation counseling School health services, school nurse services, school social work services Transportation Other supportive services Related services do NOT including the following: A medical device that is surgically implanted (e.g., a cochlear implant) The optimization of a surgically implanted device’s functioning (e.g., mapping for a cochlear implant) Maintenance and/or replacement of a surgically implanted device Parent Involvement from The Center for Parent Information and Resources Parents have been recognized as vital members of the IEP Team or CCC since the passage of Public Law 94-142 in 1975. Everyone agrees that parents have an enduring and passionate interest in the well-being and education of their child. So it makes perfect sense that Congress would ensure that parents are represented on the IEP Team or CCC, front and center. The school must invite the parents to the IEP meeting or CCC early enough to ensure that one or both parents have the opportunity to attend and participate. Typically, parents know their child very well—not just the child’s strengths and weaknesses, but all the little qualities that make their child unique. Parents’ knowledge can keep the team 8 focused on the “big picture” of the child; they can help the team to create an IEP that will work appropriately for the child. Parents can describe what goals are most important to them and to their child, share their concerns and suggestions for enhancing their child’s education, and give insights into their son or daughter’s interests, likes and dislikes, and learning styles. By being an active IEP team member, parents can also infuse the IEP planning process with thought about long-term needs for the child’s successful adult life. PARENT RESPONSIBILITIES: (From Navigating the Course) In order for the parent(s) of a child with a disability to access a FAPE for a child, the parent(s) must: • Give written consent for educational evaluations of the student; • Participate as a member of the CCC in developing and revising the student’s IEP; • Give written consent for the school to implement the student’s initial IEP; • Partner with school personnel as the student’s advocate to identify and ensure appropriate special education and related services; and Ensure the IEP is designed to meet the student’s unique educational needs in the Least Restrictive Environment appropriate for the child. Procedural Safeguards Links http://www.doe.in.gov/sites/default/files/specialed/navigatingthecourse.pdf http://www.doe.in.gov/sites/default/files/specialed/notice-procedural-safeguards-newmedicaid-consent.pdf http://www.doe.in.gov/sites/default/files/specialed/sampleproceduralsafeguardswithmedicaid consentnotice-spanish.pdf Resources ASK Indiana (About Special Kids), 1-800-964-4746 www.aboutspecialkids.org IN*SOURCE, 1-800-332-4433 www.insource.org Indiana Department of Education, 1-877-851-4106 www.doe.in.gov Indiana Protection and Advocacy Services Commission, 1-800-622-4845, TTY – 1-800-838-1131 www.in.gov/ipas Center for Parent Information and Resources http://www.parentcenterhub.org/resources/ Parent Participation Questions & Answers http://www.parentcenterhub.org/repository/qa2/ 9