- Hempstead & Associates

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Ready, Set, Go:
Training for
New Evaluation Personnel
Debbie Buchanan
Region One ESC
April 7, 2011
Provided by the Texas Education Agency Statewide Leadership: Evaluation Network
1
Provided by the Texas Education Agency Statewide Leadership: Evaluation Network
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Acknowledgement


Training materials for this session were
developed in collaboration with the Texas
Education Agency Statewide Leadership:
Evaluation Network
Each Education Service Center
representative to the Evaluation Network has
the full set of training materials (binder and
CD).
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3
Ground Norms

Participate actively
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Ask questions
Share insights and experiences
Listen to one another
Help one another
Please turn communication devices to silent
mode
Take care of yourself
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4
Training Objectives
Participants will
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Integrate current knowledge with practical application for
job success
Learn tools and techniques to make the job a success
Examine important issues including compliance with legal
mandates
Develop expertise in utilizing resources for student
evaluation
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5
Agenda
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Overview
The Job
Legal
Evaluation
IEP Meetings
Resources
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6
Most Important Information Today
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New Eligibility
Requirements
Observations
RTI
FIEs that include
intervention
strategies.
WE Need to Be
Needed!!!
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Overview
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8
The Job

Job description
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Sample job descriptions
Defining your job
Relationship to other evaluation professionals
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9
Where Do I Begin?
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Read through the list
Place a
by areas you are not familiar with
Discuss with tablemates
Note areas for follow-up
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Getting Started
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Suggestions for Getting Started
Not a Rule, Not a Regulation…But Some
Good Advice!
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11
Managing Workload/Caseload
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Caseload
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the number of students who are provided direct
services by the school-based service provider
Workload
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includes the caseload and
all activities required and performed by the
school-based service provider
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12
You Can’t Make a Plan
Without a Planner!
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A good planner will help
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Manage time
Organize activities
Record events
Free working memory
Access resources
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13
Reflecting on Your Practice
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Resume, Vita, and/or Portfolio
Professional Development
Professional Standards
Certification/Licensure Requirements
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Legal
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The Special Ed Type Quiz

A director called and asked about a student
who was struggling in school. The director
said, “He’s not doing very well and we’re
concerned about him but we don’t know what
to do with him. We’ve looked into all of our
special programs and he doesn’t seem to
qualify. We’ve studied the rules and
regulations and consulted with every expert
available. Do you have any suggestions?
Provided by the Texas Education Agency Statewide Leadership: Evaluation Network
And I responded with…

Well….it sounds to me like you thought the kid might be E.D.,
L.D., O.H.I. due to A.D.D. or A.D.H.D., M.R., or T.B.I. I’m sure
you did want to come up with an I.E.P. so that you could
provide F.A.P.E. in the L.R.E. and thus comply with I.D.E.A. I
expect you considered O.T., P.T. and all sorts of A.T.D’s. I’m
guessing you’ve already looked at the D.O.E., O.C.R. and T.E.A.
guidelines and probably also thought about making A.Y.P.
under N.C.L.B. with a H.Q. teacher. Finally, you F.I.E’d him, you
A.R.D’d, and 504’d him and D.N.Q’d him.
I’d say the K.I.D. is O.U.T.
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Scoring:

If you understood 80% of the
previous slide, you are a
“special ed type”.
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Today We Will Talk “Lawyer”
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Top Ten Statements That Make
Attorneys Cringe
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10. I have 21 other students in my class besides
Johnny. I don’t have time to give him the
attention he needs. Besides, I teach literature.
You can’t modify Hamlet.
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9. I won’t be able to do that. My schedule is full
already.
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8. I’m sorry Ms. Smith, we don’t have P.T., O.T.,
or content mastery at this campus.
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7. Our superintendent will have to approve
that.
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6. I guess everyone in the ARD meeting
knows me. I’m Ms. Crumley, Johnny’s
teacher and this is my attorney, Ms.
Landshark from the firm of Macon Bigbucs
and Lovinit P.C.

5. She’s not eligible for that room. Only the
ED child is eligible for that placement.
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4. I’m sorry, we don’t place aides with any
students. We don’t have the money.
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3. Our ESY program is 4 weeks for three
hours a day.
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2. I’m sorry that you and the students have to
barricade yourselves behind your desks
everyday because of Johnny’s attacks, but
we’re stuck with this inclusion thing.
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And….#1
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I don’t care that this so called modification
sheet says Johnny needs oral exams. If
you’re going to dump him in my class, he’s
going to take written exams like every other
kid.
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Times Have Changed
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Internet
Advocacy
Broadened IDEA
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ARD
does not stand for
“Anguish, Remorse and Denial”
The ARD meeting is the critical vehicle for
school/parent communication. How the
meeting is conducted speaks volumes about
the professionalism and caring of the school
district.
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It is essential that the meeting have strong
leadership.
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#1 Defense
Have Strong Leadership At Your ARD Meetings
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The ARDC needs a strong leader.
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A strong leader sets the tone for the meeting,
establishes and enforces “ground rules” for
productive discussion, makes sure that all
voices are heard, all issues are addressed,
and that decisions are made in an orderly
fashion.
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The Leader:
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Does not have to be the leading expert on
special education law in your district.
Must have good people skills and good
communication skills.
Should have a good, basic understanding of
what ARDC meetings are about.
Does not have to know the details of federal
of state regulations.
Provided by the Texas Education Agency Statewide Leadership: Evaluation Network
The most logical person to serve as
ARDC leader is:
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The administrative representative of the
school.

(iii) a representative of the local education agency
who—
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(I) is qualified to provide, or supervise the provision of,
specially designed instruction to meet the unique needs
of children with disabilities;
(II) is knowledgeable about the general curriculum; and
(III) is knowledgeable about the availability of resources
of the local education agency; 20 U.S.C.
1414(d)(1)(B)(iv).
Provided by the Texas Education Agency Statewide Leadership: Evaluation Network
In too many school districts:
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The educational diagnostician is called on to
play too many roles at the ARDC meeting.
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The diag. is frequently required to:
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fill out all the paperwork,
lead the discussion,
establish rapport with the parents
etc.
Provided by the Texas Education Agency Statewide Leadership: Evaluation Network
Two Parties
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While there are many people around the
table at an ARDC meeting, there are only two
parties – the parent (or adult student) and the
school.
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The administrative representative is the
logical leader for the school and for the
meeting as a whole.
Provided by the Texas Education Agency Statewide Leadership: Evaluation Network
Who Should Attend the ARD Meeting
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Parent
Special Ed Teacher
Regular Ed Teacher
Diagnostician
LEA Representative
Other Staff – Optional depending on the
circumstances

OT, PT, Speech, Vision, Transition, Nurse,
Others???
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IEP Team Attendance
(Section 614(d)(1)(B) and (C))

A member of the IEP team may be excused
if:
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If parent and LEA agree (member’s area of the
curriculum or related services is not being
modified or discussed in the meeting).
If parent and LEA agree and the member submits,
in writing to the parent and IEP team, input into
the development of the IEP prior to the meeting.
A parents agreement (attendance not necessary)
and consent (excusal) must be in writing.
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Actual Wording
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Not less than one regular education teacher
of the child (if the child is, or may be,
participating in the regular education
environment);
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Not less than one special education teacher
of the child, or where appropriate, not less
than one special education provider of the
child;
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Controlling the Meeting
Keeping the Peace
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Use an agenda
Stop chasing rabbits
Let parents speak
Insist on professionalism
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No coke cans/drinks
No food pr sack lunches
Appropriate attire
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Perception is Everything
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Use Plain English
Avoid Negative Body Language
Pen and Ink
Choose Words Carefully
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Hurry up
Idle Chit Chat
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Setting the Stage
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Check and double check recording devices.
Cool rooms are best.
Allow for plenty of table space.
Straight-backed chairs without pads.
Consider ADA violations
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The Language of
Special Education
Dear Parent,
You are invited to attend an
annual IEP meeting for your
child. All meetings are
conducted according to IDEA
04, CFR, OSEP, TEC, TAC, and
the SBOE rules…
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Acronym Mania!
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Legal Mandates
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Federal
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Individuals with Disabilities Education
Improvement Act (IDEA) of 2004 (20 U.S.C. 1400)
Code of Federal Regulations (C.F.R. Part 300)
Case law
No Child Left Behind Act of 2001 (NCLB)
Section 504 of the Rehabilitation Act of 1973
Family Educational Rights and Privacy Act of
1974 (FERPA)
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Legal Mandates
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State
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Texas Education Code (TEC)
Texas Administrative Code (TAC)
State Board of Education Rules
Commissioner’s Rules
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Legal Mandates
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Local
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Policies and procedures
Operating guidelines
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A Resource For
Current Information
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www.tea.state.tx.us
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The Legal Framework for the ChildCentered Process
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Summary of state and federal special
education requirements for special education
that is web accessible
Link to state and federal resources
Access glossary of terms
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http://www.esc18.net/
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Procedural Safeguards

Explains specific rights and responsibilities of
the parent in the special education process
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Away Game
“
I always felt that I was at an away game
when I was on my home campus.”
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Experience & Learning
We tend to remember...
10% of what we read
20% of what we hear
30% of what we see
50% of what we
hear and see
70% of what
we say
90% of what
we both
say & do
Our level of
involvement
READING
Verbal
Receiving
HEARING WORDS
LOOKING AT PICTURES
WATCHING A MOVIE
LOOKING AT AN EXHIBIT
WATCHING A DEMONSTRATION
SEEING IT DONE ON LOCATION
PARTICIPATING IN DISCUSSION
GIVING A TALK
Visual Receiving
Receiving &
Participating
DOING A DRAMATIC PRESENTATION
SIMULATING THE REAL EXPERIENCE
DOING THE REAL THING
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Doing
How To Accommodate During Lecture
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Clock Partners
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The QUESTION

If the president of the USA can no longer
occupy the office …. who takes his/her
place? List the succession of the inhabitant of
the presidential office in order.
Provided by the Texas Education Agency Statewide Leadership: Evaluation Network
Circle the Sage
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1. President
2. Vice President
Who is next???
….and after that?!?
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Circle the Sage
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Sages stand up.
Sages go to different areas of the room.
Those needing this information go to the
sage closest to you and…
Circle the sage.
Sages teach their group.
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Sage on Stage and a Spin
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Group practices the information
Break off into smaller groups of four
Number off 1- 4
Teacher spins the spinner and those with that
number stand and be ready to answer the
questions.
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Answer
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President
Vice President
Speaker of the House of Representatives
President Pro-Tem of the Senate
Cabinet Members (starting with the Secretary
of State).
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With Your 9:00 partner:

Discuss ways in which you have/could/would
implement the strategies of the “clock partner” or
“circle the sage” in your full and individual
evaluations.
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Example Intervention for Comprehension
Strategy instruction will help improve (Name)’s reading
comprehension. One self-monitoring strategy is a five-step selfquestioning technique. The five questions are:
1.
Why are you studying this passage?
2.
What is the main idea in the paragraph? (Underline)
3.
Think of a question about the main idea.
4.
What is the answer to your question?
5.
Look back at the questions and answers to see how
each provides you with more information.

A cue card can be used. (Name)’s responses to the questions
should be written so they can be reviewed with corrective feedback
by a teacher.
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Differentiating Instruction
Through Cooperative Learning
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ARE YOU LISTENING ??
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Sample “T” Charts
LISTENING SKILLS
Looks Like
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Sounds Like
Sample “T” Charts
LISTENING SKILLS
Looks Like
Sounds Like
YSitting Up
Y“Wow. How Interesting!”
YLeaning Forward
Y“That’s great!”
YFacial animation
Y“Very Cool!”
YLaughter, smiling
Y“Tell me more.”
YHand gestures
Y“What happened next?”
YEye Contact
Y“Why did that happen?”
YHead nodding
YHow did you feel?
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Team Stand and Share
1. Each team creates a single list using Pairs Compare or other
brainstorming structure.
2. All teams stand
3. Teacher chooses a team to share one item from their list.
4. One team member shares one new item from the list, checks it off
and passes the paper to the right.
5. On other teams, one member checks their team’s list and either
checks off that answer or adds it to their list and then passes the
paper to the right.
6. Repeat steps 3-5. When all ideas on a team’s list are checked off,
the whole team sits down. Continue until all teams are sitting down.
(Q. List items that confused or confounded you this year
about your new job .)
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Call Anytime!!!
Debbie Buchanan
Senior Education Specialist
Region One ESC
dbuchanan@esc1.net
(956) 984-6202
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IDEA 2004: Eligibility
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Autism
Deaf Blindness
Deafness
Emotional Disturbance
Hearing Impairment
Mental Retardation
Multiple Disabilities
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Orthopedic Impairment
Other Health Impairment
Specific Learning Disability
Speech or Language
Impairment
Traumatic Brain Injury
Visual Impairment (including
Blindness)
and who, by reason thereof, need special education and
related services
34 C.F.R. § 300.8
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66
IDEA 2004: Specific Learning Disability
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Oral Expression
Listening Comprehension
Written Expression
Basic Reading Skill
Reading Fluency Skills
Reading Comprehension
Mathematics Calculation
Mathematics Problem Solving
34 C.F.R. § 309
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67
Commissioner’s Rules 2007

Texas Education Agency Special Education
Rules and Regulations
http://www.tea.state.tx.us/special.ed/rules/co
mm.html
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Commissioner’s Rules
Guidance Document
Comments
Provided by the Texas Education Agency Statewide Leadership: Evaluation Network
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Commissioner's Rules Guidance
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Guidance has been developed on the implementation of the
newly adopted Commissioner's rules
Specific guidance on rule include
 89.1011 Referral for Full and Individual Initial Evaluation
 89.1040 Eligibility Criteria
 89.1050 The Admission, Review, and Dismissal (ARD)
Committee
 89.1055 Content of the Individualized Education Program (IEP)
 89.1070 Graduation Requirements
 89.1096 Provision of Services for Students Placed by their
Parents in Private Schools or Facilities
 89.1131 Qualifications of Special Education, Related Services,
and Paraprofessional Personnel
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69
Significant Changes in Eligibility Determination:
Learning Disability
(B) A student with a learning disability is one who:
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
(i) has been determined through a variety of assessment
tools and strategies to meet the criteria for a specific learning
disability as stated in 34 CFR …; and
(ii) does not achieve adequately for the child’s age or meet
state-approved grade-level standards in oral expression,
listening comprehension, written expression, basic reading
skill, reading fluency skills, reading comprehension,
mathematics calculation, or mathematics problem solving
when provided appropriate instruction, as indicated by
performance on multiple measures such as in-class tests;
grade average over time (e.g., six weeks, semester); normor criterion-referenced tests; statewide assessments; or a
process based on the child’s response to scientific, researchbased intervention; and
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Significant Changes in Eligibility Determination:
Learning Disability

(I) does not make sufficient progress when
provided a process based on the child’s
response to scientific, research-based
intervention (as defined in 20 USC, Section
7801(37)), as indicated by the child’s
performance relative to the performance of the
child’s peers on repeated, curriculum-based
assessments of achievement at reasonable
intervals, reflecting student progress during
classroom instruction; or
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Significant Changes in Eligibility Determination:
Learning Disability

II) exhibits a pattern of strengths and
weaknesses in performance, achievement, or
both relative to age, grade-level standards, or
intellectual ability, as indicated by significant
variance among specific areas of cognitive
function, such as working memory and verbal
comprehension, or between specific areas of
cognitive function and academic
achievement.
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How Do We Make Eligibility Determinations for
Specific Learning Disabilities?
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Significant Changes in Eligibility
Determination: Mental Retardation
A student with mental retardation is one who:
 (A) has been determined to have significantly sub-average
intellectual functioning as measured by a standardized,
individually administered test of cognitive ability in which the
overall test score is at least two standard deviations below the
mean, when taking into consideration the standard error of
measurement of the test; and
 (B) concurrently exhibits deficits in at least two of the following
areas of adaptive behavior: communication, self-care, home
living, social/interpersonal skills, use of community resources,
self-direction, functional academic skills, work, leisure, health,
and safety
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Guidelines for ARD Committees Regarding
Testing Requirements for Students: 2 Flowcharts
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Students entering 9th during 2008-2009 must meet
requirements of new rule.
Students who began completing the Distinguished
or Recommended high school program
requirements prior to November 2007 are not
affected by the rule change.
Students who take at least one TAKS-M subjectarea test in grade 11 graduate on the Minimum plan
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State Performance Plan
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IDEA 2004 requires each State to develop a six-year
performance plan to:
 Evaluate the State’s efforts to implement the requirements and
purposes of IDEA
 Illustrates how the State will continuously improve upon this
implementation
The Office of Special Education Programs (OSEP) has identified
five monitoring priorities and twenty indicators to be included in
the SPP
For each of the indicators, the State must report progress on
measurable and rigorous targets and improvement activities
Download from TEA website:
http://www.tea.state.tx.us/special.ed/spp/
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76
Texas Education Agency – Performance
Monitoring and Interventions (PMI)

Monitoring is

Using a data-driven performance-based model to
observe, evaluate, and report

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Data integrity
Data analysis
Student performance
Program effectiveness
A continuous improvement process
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77
PMI & the Evaluator

Indicators

Identification of students for special education
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Overidentification
Disproportionality/Overrepresentation
Recommendations for exiting
Statewide Assessment
Least Restrictive Environment (LRE)
Behavior/Discipline
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78
Family Educational Rights and Privacy Act
(FERPA)
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
Federal law that protects the privacy of
student education records
Parents or eligible students have the right to
inspect and review education records
Schools may disclose records under certain
conditions
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79
Evaluation
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80
Legal Framework: Child Find Framework

No Child Left Behind Act (NCLB) of 2001
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Standards based reform
Accountability
Adequate yearly progress
Individuals with Disabilities Education
Improvement Act (IDEA) of 2004

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Eligibility identification
Progress towards annual goals
http://framework.esc18.net/
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81
Problem Solving Teams
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Improve student success
Target interventions
Monitor student progress
Support teacher needs
Partner with parents
Prevent inappropriate referrals
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82
What is meant by a Response to
Intervention (RtI) model?

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Multi-tiered model
High quality, research-based instruction
in general education setting
Screening of academics and behavior of
all students to identify individual need
General education teachers assume an
active role in students assessment
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83
What is meant by a Response to
Intervention (RtI) model?

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Research-based interventions
Continuous progress monitoring
Data collection to determine individual
student needs and interventions'
effectiveness
Problem solving team process
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84
Role of the Evaluator

Campus Problem Solving Teams
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Response to Intervention (RtI)
Progress Monitoring
Referral
Full Individual Evaluation (FIE)
Reevaluation
Measure progress toward annual goals
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85
Evaluation Process
Focus
Notice & Consent
Recommend
Collect
Interpret
Analyze
Evaluate
Collaborate
Used with permission from Region 4 Education Service Center
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Referral
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Demographic & background information
Educational records
Home language survey
Vision and hearing screening
Health history
Documentation of previous research based
educational strategies and interventions
Parent information
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Initial Evaluation
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Request by parent or public agency
Conduct within 60 days of consent
Consists of procedures to provide information
to determine
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If the child is a child with a disability, and
The educational needs of the child
C.F.R. § 300.301
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Evaluation Procedures
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Notice
Conduct evaluation
Considerations for assessments and other
evaluation material
Review of existing evaluation data
Report
C.F.R. § 300.304, 305
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Full Individual Evaluation
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Gather information to
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Make recommendation as to the presence or
absence of a disability condition
Identify educational need
Make recommendations for accommodations,
modifications, and instruction
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Written Report
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Determination of Eligibility
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Upon completion of the evaluation
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A group of qualified professionals and the parent
of the child determines whether the child is a child
with a disability … and the educational needs of
the child; and
The public agency provides a copy of the
evaluation report and the documentation of
determination of eligibility at no cost to the parent
34 C.F.R. § 306(a)
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A Team is…
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Reevaluations

Conducted when




Public agency determines that educational or
related services warrant
Requested by parent or teacher
Change of placement may occur including
determination that child no longer has disability
Frequency
C.F.R. § 300.303, 305
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Reevaluation Questions
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Whether child continues to have a disability and the
educational needs of the child
Present levels of academic and related
developmental needs
Whether child continues to need special education
and related services
Whether any additions or modifications to the
special education and related services are needed
to enable the child to meet measurable annual goals
set out in the IEP and to participate as appropriate
in the general education curriculum
Provided by the Texas Education Agency Statewide Leadership: Evaluation Network
Individualized Education
Program (IEP) Meetings
or as we say in Texas –
Admission, Review, Dismissal (ARD) Meetings
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Individualized Education Program (IEP)



Written statement of the educational program
designed to meet a child's individual needs
Every child who receives special education
services must have an IEP
The IEP has two general purposes


Set reasonable learning goals
State the services that the school
district will provide
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Types of Meetings
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Admission
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Review
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Initial
Transfer
Annual
Reevaluation
Review (e.g. progress toward goals, behavior)
Dismissal
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IEP Team
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Parent
Student, if appropriate
General Education Teacher
Special Education Teacher
Public Agency Representative
Person who can interpret evaluation
Other members as appropriate
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99
IEP Agenda
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100
IEP Minutes
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Tips on Taking Minutes
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Include attendance sheet
Show efforts to cooperate with parent
Show consideration of each evaluation
Document decisions
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10 Things Not to Say at an ARD
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“BUT WE DON’T HAVE A PT, OT, ETC…”
(Remember that services are based on the needs of the student.)
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“WE CAN’T DO THAT---MY SCHEDULE IS FULL ALREADY.”
“IF THIS WERE MY CHILD, I’D…”
(Be careful.)
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“SHE’S NOT ELIGIBLE FOR THAT SERVICE DUE TO HER DISABILITY.”
(Services are based on the individual needs of the student.)
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“OUR EYS PROGRAM RUNS FROM JUNE 10 TO JULY 15.”
(EYS should be based on student need.)
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“WE’VE NEVER DONE IT THAT WAY BEFORE.”
“THE SUPERINTENDENT WILL HAVE TO APPROVE THAT.”
(If something needs to be approved, ask for a fifteen minute recess and get someone there who has that
power.)
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“BUT WHAT IF WE GET SUED?”
(Don’t ask at the ARD. You will not be sued individually; usually suit is against the district.)

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“I DON’T HAVE TIME TO MODIFY FOR ONE STUDENT. IF HE/SHE IS GOING TO BE IN
MY CLASSROOM, HE/SHE WILL DO WHAT EVERYONE ELSE DOES.”
“THE REGULAR CLASSROOM IS NOT APPROPRIATE FOR THIS CHILD.”
(You must make reasonable efforts to modify. After you have modified and supplemented for a
reasonable amount of time, then you can say, “We find that the regular classroom…”)
Reprinted with permission from Jim Walsh, Walsh, Anderson, Brown, Schulze & Aldridge, P.C.
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Have a great year!
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Role of Assessment
Assessment always has more to do with
helping students grow than with cataloging
their mistakes.
Tomlinson
The Differentiated Classroom
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Contact Information
Debbie Buchanan
Region One ESC, Edinburg, TX
dbuchanan@esc1.net
(956) 984-6202
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