CALIFORNIA ASSOCIATION OF HEALTH AND EDUCATION LINKED PROFESSIONS CAHELP
DMSELPA POLICY AND PROCEDURES
17800 Highway 18, Apple Valley, CA 92307 (760) 552-6700 www.cahelp.org
Chapter 1: Identification & Referral
SECTION A SECTION B SECTION C SECTION D SECTION E SECTION F
CHILD FIND
PARENT REFERRALS
STUDENT STUDY TEAM (SST)
INTERIM PLACEMENT (STUDENTS TRANSFERRING INTO LEA) EARLY IDENTIFICATION OF LEARNING DISABILITIES
OVERIDENTIFICATION & DISPROPORTIONALITY
Introduction The referral for special education assessment is the first step taken when it is suspected that a child will require special education supports and services to be successful in the educational system. Parents, guardians, teachers, agencies, appropriate professionals, and other members of the public can make referrals. Once submitted, the referral initiates timelines that are specified in the California Education Code. The purpose of the referral process is to afford the assessment team the opportunity to review the referring party’s identified areas of concern, previous attempts in program modification, relevant educational history, and other pertinent information regarding the child to determine areas in need of assessment. The California Association of Health and Education Linked Professions, Joint Powers Authority (CAHELP JPA) Governance Council of the Desert/Mountain Special Education Local Plan Area (SELPA) assures an ongoing effort to identify all individuals with disabilities including infants, children for whom English is not a primary language, children with low incidence disabilities, children attending private schools, children from families that are highly mobile, and children who are suspected of having a disability and in need of special education even though they are advancing from grade to grade. The SELPA works closely with public agencies such as Inland Regional Center (IRC), Head Start, California Children’s Services (CCS), Department of Behavioral Health (DBH), and others as appropriate in the identification of individuals with disabilities. Materials are distributed to pediatricians, health care professionals, and other agencies within the SELPA. Each Local Education Agency (LEA) within the SELPA has established procedures for the identification, location, and evaluation of children who may require special education services. Information regarding Child Find activities is included in the annual notice that is distributed to parents of all children.
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Section A - Child Find California Education Code § 56300. A local educational agency shall actively and systematically seek out all individuals with exceptional needs, from birth to 21 years of age, inclusive, including children not enrolled in public school programs, who reside in a school district or are under the jurisdiction of a special education local plan area or a county office of education. California Education Code § 56301(a). All children with disabilities residing in the state, including children with disabilities who are homeless children or are wards of the state and children with disabilities attending private, including religious, elementary and secondary schools, regardless of the severity of their disabilities, and who are in need of special education and related services, shall be identified, located, and assessed and a practical method is developed and implemented to determine which children with disabilities are currently receiving needed special education and related services as required by Section 1412(a)(3) and (10)(A)(ii) of Title 20 of the United States Code. A child is not required to be classified by his or her disability so long as each child who has a disability listed in Section 1401(3) of Title 20 of the United States Code and who, by reason of that disability, needs special education and related services as an individual with exceptional needs defined in Section 56026. It is the policy of the SELPA that children with disabilities ages birth through 21, be actively sought and identified by public schools. The Child Find process includes a section of the LEA’s annual notice to all parents that references the referral of children with disabilities. In cooperation with the Local Interagency Coordination Area, Early Start, ages birth to three, information is distributed to hospitals, doctors’ offices, and pertinent agencies. All individuals with disabilities and their parents are guaranteed their procedural safeguards with regard to identification, assessment, and placement in special education programs. School personnel, parents, outside agencies working with the child, guardians and/or surrogate parents who show legal documentation of educational rights may all serve as sources of referral for a child for possible identification as a child with a disability. Such identification procedures shall be coordinated with school site and LEA procedures for referral of children with disabilities that cannot be met with modification of the general education instructional program. Infants, birth to three years, are referred directly by the LEA, parent, doctor, or agency to the Early Start Program at IRC. Intake information precedes the assignment of staff for assessment and the coordination with other agencies. If an infant has a solely low incidence disability, such as hearing loss, vision loss, or orthopedic disability, the infant should be referred directly to San Bernardino County operated programs. An Early Start Program Referral Form is completed, which begins the assessment process timeline. Section B - Parent Referrals California Education Code § 56301(d)(1). Each special education local plan area shall establish written policies and procedures pursuant to Section 56205 for use by its constituent local agencies for a continuous child find system that addresses the relationships among identification, screening, referral, assessment, planning, implementation, review, and the triennial assessment. The policies and procedures shall include, but need not be limited to, written notification of all parents of their rights under
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this chapter, and the procedure for initiating a referral for assessment to identify individuals with exceptional needs. All referrals for special education and related services shall initiate the process to determine if an assessment is warranted and shall be documented. When a verbal referral is made, staff of the LEA shall offer assistance to the parent or any other individual to make a request in writing. The SELPA shall annually distribute information regarding Child Find activities to private schools for dissemination to parents. Parents whose primary language is not English shall be informed of the need to file a written request when a verbal request is made. They shall be informed both verbally and in writing in their primary language, unless to do so is clearly not feasible. Assistance in providing a written request will be provided as needed. Written referrals in languages other than English will be accepted. If a parent requests, in writing, an assessment for possible special education services, the LEA will develop an Assessment Plan (D/M 66) and present it to the parent within 15 days. A copy of the Parental Rights and Procedural Safeguards (D/M 77) are reviewed and given to the parents at the time the assessment plan is presented. The parent has at least 15 days from receipt of the assessment plan to provide permission to complete the assessment process. Assessments will begin upon receipt of the signed assessment plan by the LEA. Infant: Birth to Three Years If a parent refers an infant, birth to three years, to a LEA for possible special education services, they are referred directly to the Early Start Program at Inland Regional Center. If it is clearly evident that the infant has a solely low incidence disability, such as hearing loss, vision loss, or orthopedic disability, the parent is referred directly to San Bernardino County operated programs. Once an Early Start Program Referral Form is completed, timelines for the referral process begin. Section 504 Children may be referred for assessment under Section 504 of the Rehabilitation Act of 1973 by parents, guardians, school staff, or agencies. Each LEA has defined written Section 504 procedures to assess and meet the educational needs of general education students who are otherwise disabled due to a physical or mental impairment, which substantially limits one or more major life activities. Procedures for Processing Referrals All referrals for special education and related services shall initiate the assessment process and shall be documented. When a verbal referral is made, staff of the LEA, SELPA, or county office shall offer assistance to the individual to make a request in writing and shall assist the individual if the individual requests such assistance (Title 5 of the Code of California Regulations § 3021) . SELPA forms are available on the website for member LEAs to use upon receipt of a referral for special education assessment (SELPA forms, 51, 56, 57, 58, 59, 63, and 79) . All initial referrals resulting from Child Find of children ages 3-5, shall be processed through the LEA special education office. The Informed Parental Consent for Assessment (D/M 66) shall be completed by the person interacting with the parent and forwarded to the appropriate member of the LEA preschool assessment team (i.e., psychologist, nurse, speech-language pathologist). For a preschool-aged child, a member of the LEA preschool assessment team will contact the parent to discuss concerns, or arrange a home visit for observation.
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For a school-aged child, the referral for special education assessment may include a referral to the Student Study Team (SST) and/or the scheduling of a parent conference to discuss the concerns and possible interventions. If the parent specifically requests, in writing, that their child be assessed to determine eligibility for special education program services, a proposed Assessment Plan (D/M 66) and a copy of the Parental Rights and Procedural Safeguards (D/M 77) shall be presented to the parent within 15 days of their request for assessment. The proposed assessment may include a classroom observation, review of records, informal screening, and/or a referral for a formal evaluation in suspected areas of disability, such as, but not limited to, vision/hearing, speech-language, academic skills, cognition, adaptive behavior, psychological processing skills, or social-emotional-behavioral status. Parents have at least 15 days from receipt of the plan to give consent to assess. The timelines for assessment begin when the LEA receives the signed assessment plan. Section C - Student Study Team (SST) California Education Code § 56303. A pupil shall be referred for special educational instruction and services only after the resources of the regular education program have been considered and, where appropriate, utilized. Procedures have been developed in individual LEAs for the receipt and processing of referrals for special education assessment. In all LEAs, the school site SST meets regarding children for whom there are concerns. The team addresses the implementation and level of success of the general education classroom program modifications and available general education resources and programs, including categorical programs. When the SST determines that all possible modifications have been exhausted or the modifications available are not appropriate, the SST or classroom teacher refers the child for an assessment for possible special education services. The parent is informed and encouraged to be a part of the SST process. Parents are notified if a referral for a special education assessment is made by the team. The SST is a regularly scheduled, structured meeting of general educators, supported by special education and other staff as appropriate. Their purpose is to provide an effective support system in general education that will generate effective interventions for children who are experiencing challenges in learning or behavior difficulties at school. The SST process is designed to meet the needs of all children and results in a team action plan to ensure student success. The structure of the SST may be designed to fit the needs of individual school sites. Team membership varies according to the needs of the child, but should include the people that can best support the child and the classroom teacher. The majority of the team membership must be composed of general education teachers and should include the following team members: the child’s classroom teacher, an administrator, the parent, the child, an upper grade teacher, and a lower grade teacher. The SST should also serve as a peer support system, so the more teacher participation the greater the benefits. Specialists should be included based on the potential needs of the child, the classroom teacher, and any others providing support to the child. The following describes the flow of the SST Process :
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Figure 1 - Student Study Team (SST) Flow Chart
The process begins with a request from a teacher, counselor, parent, agency representative, or student that a concern has been identified. Once the request is made, the school’s first-level intervention plan is implemented. It is important to note that a request does not automatically initiate a SST meeting. If the concerns can be resolved without an SST meeting, then the child is monitored for successful progress. If the concerns are not resolved, SST meeting preparation is started. For the team to have optimum information to work with, the child’s teacher should provide essential information about the child to the team. In Section E of this chapter the information provided under Student Record Review offers a format for teachers/counselors to prepare information that would be beneficial to the SST. During the meeting, an effective practice to utilize is a group memory format to assist the team in efficient documentation of ideas generated during the meeting. On the action plan that is developed, a follow-up date should be set to review the progress of the child for whom there are concerns. The action plan should be evaluated at this meeting and determination made if any further follow-up is necessary.
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Section D - Interim Placement (Students Transferring into LEA) California Education Code § 56325(a)(1). As required by subclause (I) of clause (i) of subparagraph (C) of paragraph (2) of subsection (d) of Section 1414 of Title 20 of the United States Code, the following shall apply to special education programs for individuals with exceptional needs who transfer from district to district within the state. In the case of an individual with exceptional needs who has an individualized education program and transfers into a district from a district not operating programs under the same local plan in which he or she was last enrolled in a special education program within the same academic year, the local educational agency shall provide the pupil with a free appropriate public education, including services comparable to those described in the previously approved individualized education program, in consultation with the parents, for a period not to exceed 30 days, by which time the local educational agency shall adopt the previously approved individualized education program or shall develop, adopt, and implement a new individualized education program that is consistent with federal and state law. California Education Code § 56325(a)(2). In the case of an individual with exceptional needs who has an individualized education program and transfers into a district from a district operating programs under the same special education local plan area of the district in which he or she was last enrolled in a special education program within the same academic year, the new district shall continue, without delay, to provide services comparable to those described in the existing approved individualized education program, unless the parent and the local educational agency agree to develop, adopt, and implement a new individualized education program that is consistent with federal and state law. California Education Code § 56325(a)(3). As required by subclause (II) of clause (i) of subparagraph (C) of paragraph (2) of subsection (d) of Section 1414 of Title 20 of the United States Code, the following shall apply to special education programs for individuals with exceptional needs who transfer from an educational agency located outside the State of California to a district within California. In the case of an individual with exceptional needs who transfers from district to district within the same academic year, the local educational agency shall provide the pupil with a free appropriate public education, including services comparable to those described in the previously approved individualized education program, in consultation with the parents, until the local educational agency conducts an assessment pursuant to paragraph (1) of subsection (a) of Section 1414 of Title 20 of the United States Code, if determined to be necessary by the local educational agency, and develops a new individualized education program, if appropriate, that is consistent with federal and state law. California Education Code § 56325(b)(1). To facilitate the transition for an individual with exceptional needs described in subdivision (a), the new school in which the individual with exceptional needs enrolls shall take reasonable steps to promptly obtain the pupil’s records, including the individualized education program and supporting documents and any other records relating to the provision of special education and related services to the pupil, from the previous school in which the pupil was enrolled, pursuant to paragraph (2) of subsection (a) of Section 99.31 of Title 34 of the Code of Federal Regulations.
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Whenever a child with an existing individualized education program (IEP) transfers into a district, the local educational agency (LEA) shall provide a free appropriate public education, including services comparable to those described in the last consented-to IEP. To facilitate the transition from one LEA to another, the new LEA in which the student enrolls shall take reasonable steps to promptly obtain the pupil’s records, including his/her IEP and the supporting documents related to the provision of special education and related services to the pupil, from the previous school in which the pupil was enrolled (Title 34 of the Code of Federal Regulations § 300.323; Education Code § 56325). In order to meet the California Longitudinal Pupil Achievement Data System (CALPADS) requirements for ALL students with an IEP transferring into an LEA pursuant to Education Code § 56325, the receiving LEA, in consultation with the parent/guardian, shall complete the Interim Placement (IP) packet within the Web IEP System. The Interim Placement packet includes: • the demographics page documenting all relevant information concerning the child, • the offer of FAPE page documenting their educational program, • the final page documenting any Special Factors listed on the current IEP from the previous LEA, and • a signature by a school or district administrator acknowledging the Interim Placement. A copy of the Interim Placement packet is given to the parent/guardian and forwarded to all related service providers and relevant staff members for implementation of the child’s special education program. A copy of the previously approved IEP should be given to the teacher(s), uploaded into the Web IEP system, and placed in the special education pupil file. If a child with a disability transfers to the LEA during the school year from a LEA within the Desert/Mountain SELPA, the LEA shall continue, without delay, to provide services comparable to those described in the existing IEP, unless the child’s parent and LEA agree to develop, adopt, and implement a new IEP that is consistent with state and federal laws (Title 34 of the Code of Federal Regulations § 300.323; Education Code § 56325). If a child with a disability transfers to the LEA during the school year from a California LEA outside of Desert/Mountain SELPA, the LEA shall provide the child with FAPE, including services comparable to those described in the previous LEA’s IEP. Within 30 days, the LEA shall, in consultation with the parents, adopt the other LEA’s IEP or shall develop, adopt, and implement a new IEP that is consistent with state and federal laws (Title 34 of the Code of Federal Regulations § 300.323; Education Code § 56325). If a child with a disability transfers to the LEA within the Desert/Mountain SELPA during the school year from an out-of-state LEA, the LEA shall provide the child with FAPE, including services comparable to the out-of-state LEA's IEP, in consultation with the parent, until such time as the LEA conducts an assessment, if the LEA determines that such an assessment is necessary, and develops, adopts, and implements a new IEP, if appropriate (Title 34 of the Code of Federal Regulations § 300.323; Education Code § 56325).
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The law allows an LEA to address the IEP within the LEA’s existing programs and services to the greatest extent possible for a period not to exceed the 30-day placement; therefore, it is not necessary for the parent/guardian to sign the proposed Interim Placement (IP) form. When programs or services that were provided in the former district are not in place in the new LEA at the time of enrollment, an alternative program within the LEA, a referral to a program operated by another agency, or placement in a nonpublic school may be necessary. The parent must give consent for placement in a program that is not in conformity with the current IEP. When the IEP team meets for the 30-day review, the IEP team shall review all aspects of the IEP through the IEP process. Whether the LEA adopts the previously approved individualized education program or develops, adopts, and implements a new individualized education program, the next annual review date must align with the previous goal review date. Section E - Early Identification of Learning Disabilities Student Record Review Review the child’s records with attention to the following: • Amount and quality of classwork and homework, with work samples provided at the meeting; • Test data. Also, curriculum-based data, math, reading, language, spelling levels; • Indicators of resiliency, ability to handle stress, emotional intelligence; • Attendance; • Hearing and vision screening results, health issues; • Behaviors observed in class or on the playground that are of concern; • Retention or referral to other programs; and • Contacts with the family. Be prepared to present specific background information about the child, including strengths, interests, and career potential. The strengths and specific interests that motivate the child are the building blocks for the Student Success Plan. Building on them will help the team be more creative while brainstorming strategies and designing the action plan. Examples of strengths are: good in math, likes to read, enjoys art and music, loves to sing, works well on a computer, writes creatively, did an exceptional science project, wants to please adults, and chosen by classmates as a friend and/or leader. Identify basic concerns, the behaviors that need intervention, and the desired outcomes. Examples of concerns are: reading or math is below grade level, handwriting is difficult to read, completes only 25% of classwork, does not return homework, distracts others during lessons, does not participate in group discussions, and pushes students during recess. Examples of desired outcomes are: better attendance, increase in reading or math skills, passing competency tests, working well with peer tutor, and ability to follow specific playground rules. See Chapter 3, Section C, Specific Learning Disability Eligibility for further information regarding procedures to document the presence of a Specific Learning Disability. Use the Modifications Checklist to indicate the general education modifications that have been tried.
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Section F - Overidentification and Disproportionality It shall be the policy of the and member LEAs to prevent inappropriate disproportionate representation by race and ethnicity of children with disabilities. Title 34 of the Code of Federal Regulations § 300.173. Overidentification and disproportionality. The State must have in effect, consistent with the purposes of this part and with section 618(d) of the Act, policies and procedures designed to prevent the inappropriate overidentification or disproportionate representation by race and ethnicity of children as children with disabilities, including children with disabilities with a particular impairment described in § 300.8. The SELPA member LEAs shall, with SELPA assistance, monitor student trends with the intent of averting inappropriate, disproportionate representation of racially, ethnically, linguistically, and culturally diverse students (by race and ethnicity of children with disabilities). The SELPA shall provide the following assistance: • Student trend data pertinent to the disproportionate calculation as reported through the California Special Education Management Information System (CASEMIS) to the California Department of Education (CDE). • Provide up-to-date training and information provided to the SELPA by the CDE. • Continue to inform member LEAs concerning responsibilities related to the potential transfer of local assistance funds to reduce disproportionality under the Early Intervening requirement of IDEA. The state has in effect, consistent with the purposes of IDEA and with § 618(d), policies and procedures designed to prevent the inappropriate overidentification or disproportionate representation by race and ethnicity of children as children with disabilities, including children with disabilities with a particular impairment described in § 602(3). Legal References : • California Education Code Sections: 56300; 56301; 56301(d)(1); 56303; 56325(a)(1)-(3); 56325(b)(1) • Title 34 of the Code of Federal Regulations (CFR) Section 300.173 • Title 5 of the California Code of Regulations (CCR) Section 3021 • Individuals with Disabilities Education Act (IDEA) Sections: 602(3); 613(f); 618(d)(1); 618(d)(2)
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Chapter 2: Evaluation and Assessment
SECTION A: AREAS OF SUSPECTED DISABILITY
SECTION B: ASSESSMENT TOOLS
SECTION C: PRESCHOOL
SECTION D: ENGLISH LANGUAGE LEARNER
SECTION E: EVALUATION OF AFRICAN-AMERICAN STUDENTS
SECTION F: EMOTIONALLY DISTURBED
SECTION G: TRIENNIAL ASSESSMENT
APPENDIX A: LOZANO SMITH ATTORNEYS AT LAW OPINION LETTER ENTITLED: PROPRIETY OF ADMINISTERING I.Q. TESTS TO AFRICAN- AMERICAN STUDENTS
APPENDIX B: OBSERVATION OR SCREENING VS. ASSESSMENT
APPENDIX C: SELPA FORM D/M 119 – TRIENN I AL ASSESSMENT DETERMINATION FORM
APPENDIX D: FLOWCHART: RE-EVALUATION CYCLE – TRIENN I AL IEP
Introduc tion
This sec tion contains the requirements for evaluation and assessment of students who are not progressing in the general education program, even though modifications and accommodations have been provided. Staff or parents may request a child be assessed in all areas of suspected disability. Following a signed assessment plan (D/M 66) giving consent, the evaluation process begins. The initial evaluation and reevaluation are broad terms that apply to all individual testing, which may include observation and other data-gathering activities that result in decisions about a student’ s educational needs. Generally, evaluation may be defined as the process to make an inf ormed choice about a child’s eligibility for special education. Assessment is a process through which the child’s eligibility, educational needs, and present levels of performance are determined. It provi des information that can be used by teachers and other specialists to determine how to develop a program for a student with a disability so that he/she derives educational benefits.
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Each Local Education Agency (LEA) shall conduct, on at least an annual basis, a review of all Individualized Education Programs (IEPs). Procedures shall provide for the review of the student’s progress and the appropriateness of placement and services, allowing for any necessary revisions. Assessments shall be conducted annually, as necessary, to provide the IEP team sufficient information to review the student’s progress and the appropriateness of placement and services. Formal assessments shall require written parent consent.
Evaluation for Determination of Eligibility for Special Education Services
E.C. § 56320 . Before any action is taken with respect to the initial placement of an individual with exceptional needs in special education instruction, an individual assessment of the pupil’s educational needs shall be conducted, by qualified persons, in accordance with requirements including, but not limited to, all of the following (a through i requirements are summarized in this section). The requirements in state and federal statutes and regulations that are related to special education programs include: Part 30 of the Education Code, Chapter 3 of the California Code of Regulations, and Title 5 Education. These document sections serve as a guide to the entire process of individualized diagnostic testing and the IEP team’s determination of eligibility. The tests and materials used are validated for the specific purpose of evaluation and assessment and are free from racial, cultural, or sexual bias. They are administered in the student’s primary mode of communication unless otherwise specified. Tests are administered by trained personnel. Tests of intellectual or emotional functioning are given by a credentialed school psychologist. The tests selected ensure that results for students with impaired sensory, manual, or speaking skills reflect the student’s aptitude, achievement l evel, or other factors that the test purports to measure.
Section A – Areas of Suspected Disability
E.C. 56320(f) . The pupil is assessed in all areas related to the suspected disability including, where appropriate, health and development, vision, including low vision, hearing, motor abilities, language function, general intelligence, academic performance, communicative status, self-help, orientation and mobility skills, career and vocational abilities and interests, and social emotional status. A developmental history shall obtained when appropriate.
E.C. 56322 . The assessment shall be conducted by persons competent to perform the assessment, as determined by the local educational agency.
E.C. 56327 . The personnel who assess the pupil shall prepare a written report, or reports, as appropriate, of the results of each assessment. The report shall include, but not be limited to: …(h) the need for specialized services, materials, or equipment for pupils with low incidence disabilities, consistent with guidelines established pursuant to § 56136.
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No single measure for evaluation will be used as the sole criterion for determining an educational program for a student with exceptional needs. The assessment of the individual, including individuals with suspected low incidence disabilities, is conducted by appropriate personnel who are knowledgeable of that disability. Consideration is given to the need for specialized services, materials, and equipment consistent with students who experience a low incidence disability. See also Guidelines for Individual Evaluation of California Students with Disabilities, birth through age 21, a document produced by the California Department of Education, Sacramento, 1999.
Section B – Assessment Tools
Once a student has been identified for special education, it is mandated that ongoing assessments provide direction for individualized planning. An annual review is conducted to review goals through the IEP process. The student’s present level of performance is identified from classroom observation, progress monitoring, checklists, student work, and valid, norm-referenced assessment tools. Additionally, goals are reviewed continually during the year for completion or modification. A variety of ecological and empirical data is reviewed to obtain an appropriate learning environment for each student who receives special services. Norm-Referenced Tests Assessments that are produced by publishers include inventories and assessment tools that have been normed for a specific population, developmental age group, and/or grade level expectancies. Norm- referenced assessment gives standardized scores useful in planning the student’s instructional program. Initially, the assessment is analyzed to determine eligibility. The development of goals for the IEP depends upon assessment data. Norm-referenced assessments provide baseline data that can be compared to post- test data to determine a student’s academic growth and progress towards goals. Curriculum-Based Assessment In addition to norm-referenced tests, educators use curriculum-based assessment to conduct on- going assessment of student progress toward educational goals. Examples of curriculum-based assessment include: unit tests, portfolios, progress monitoring tools, oral interviews, presentations, rubric scoring, informal inventories, written tests, checklists, or student produced product. These measurements are useful to educators for preparing lessons that shape classroom-based instruction. Curriculum-based assessment is used to check and report progress towards IEP goals. Alternative Assessment Alternative testing is the utilization of specialized techniques for students with particular needs or disabilities that cannot be met through traditional testing. Students tested by alternative assessment often do not participate in learning through the core curriculum. Their IEP is structured around a life skills or functional curriculum. Examples of alternative assessments include portfolios, community-based observation, accommodations and modifications to assessments that are used with non-disabled peers, problem-based measurement, and charting. As of July 1, 2000, federal regulations require that students with a curriculum that is an alternative to the core curriculum must have a specified plan for alternative assessment. See also Chapter 16 for information about state and LEA assessment programs.
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Present Level of Educational Performance (PLOP) According to the law the IEP must include: a statement of the child’s present levels of educational perfor mance, including how the child’s disability affects the child’s involvement and progress in the general curriculum; or for preschool children, as appropriate, how the disability affects the child’s participation in appropriate activities. 20 USC 1414 (d) (l) (A) The present level of educational performance is a summary that describes the student’s current achievement in the areas of identified need. It specifically addresses the student’s strengths, concerns and other supplementary aides or services that provide student success. It explains the student’s educational needs and states how learning and the ability to progress in the core curriculum could be impacted by the student’s identified disability. Clear, specific, measurable, objective, baseline information links evaluation results and expectations of the core or alternative curriculum. This information forms the basis for goals for the student. If the student is age 16 or older, the PLOP also addresses the student’s transition needs in the areas of trai ning, instruction, employment and post-school adult living, community, and related services. If the purpose of the present level of educational performance is to identify a student’s needs and establish a baseline from which to develop meaningful and measurable goals, then the PLOP should:
• Be stated in terms that are specific, measurable, and objective;
• Describe current performance, not past performance;
• Prioritize and identify needs that will be written as goals; and
• Provide baseline information for each need.
In order to develop meaningful present levels of educational performance and to prioritize student needs, the IEP team considers a variety of factors: interventions and progress on the current IEP goals, evaluation results, and progress in the general curriculum.
Section C – Preschool
17 C.C.R. 52084(a) . Assessment for service planning for eligible infants or toddlers shall identify all of the following:
(1) The infant’s or toddler’s unique strengths and needs in each of the five areas specified in § 52082(b)(3); (2) Early intervention and other services appropriate to meet the needs identified in (a)(1) of this subsection; and (3) If the family consents to a family assessment, the resources, priorities and concerns of the family and the supports and services necessary to enhance the family’s capacity to meet the developmental needs of an infant or toddler with a disability.
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For students at age birth to five, screening and assessment activities go beyond scores, standard deviation, and levels of functioning. Since parents and families may not have previous experience with public and educational service agencies, the process itself can provide the first steps to a collaborative partnership. Time spent with the child and the family helps the examiner to observe the present levels of functioning and need. Since assessment is an on-going process with multiple components, other activities, such as case management, family interactions, and support from public agencies are considered in the development of the Individual Family Service Plan (IFSP).
The service coordinator, between nine and six months before the third birthday of the toddler receiving Early Intervention Services (EIS) shall do the following:
(1) Notify the parent of a toddler who may be eligible for special education services under Part B of IDEA 2004 that transition planning will occur within the next three to six months. (2) Notify the LEA where the toddler resides that there will be an IFSP meeting (transition conference) requiring the attendance of an agency representative, before the toddler is two years nine months, or at the discretion of all parties, up to six months before the toddler turns three years old. Within 30 days following the notification of the parent and the LEA, the family, service coordinator and the LEA shall agree on the date for the IFSP meeting (transition conference) to specify transition steps necessary for movement into services under Part B of IDEA 2004. A LEA representative shall attend the IFSP meeting (transition conference) held by the time the child is two years, nine months of age. If the LEA of residence is the preschool operator, it shall be responsible for assessments as necessary to determine eligibility for special education services under Part B. If preschool services are provided by another LEA, the assessments shall be determined and conducted collaboratively by the agencies. In addition to attending the IFSP meeting (transition conference), a LEA representative shall attend meetings with groups of parents of children in the transition process, as appropriate, in order to provide consultations regarding services available when the child turns three years of age. At each IFSP meeting (transition conference), transition steps necessary for movement into services under Part B of IDEA 2004 or other appropriate programs shall be outlined. A written Transition Plan, covering each step of the process, shall be developed by the EIS service coordinator. Parents shall be provided with information about community resources by the service coordinator when the transition plan is reviewed at the transition conference. For a child who may not be eligible for Part B services, information shall be provided by the service coordinator to parents about community resources such as Head Start, State Preschools, and private and public preschools. The IFSP shall contain the identification of the people responsible for convening the transition conference. Those agencies and individuals responsible are also identified in the transition plan referenced above.
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All Part C program providers, with parental consent, shall transmit information about the child to the LEA/preschool program operator. This information shall include evaluation and assessments and a copy of the IFSP, and is sent not later than the time the toddler is two years nine months old. The LEA/preschool program operator shall then offer the parents an assessment plan in order to complete any additional assessments necessary to determine eligibility for special education services under Part B. These steps shall include sending a packet to the parent acknowledging the receipt of the referral and requesting a signed permission to assess. If the toddler with disabilities may participate in a regular preschool education environment, the LEA shall ensure the attendance of a general education preschool teacher, or a person with early childhood education training who has information regarding preschool instructional programs, at the IEP/IFSP meeting. The IEP for a child aged three through five shall reflect developmentally appropriate activities, including goals to enhance the child’s ability to access the normal activities for a preschool aged child. These activities may include play, self-help skills, language development, social skills, and motor skills. Access to normally developing age peers shall be written into the IEP as is appropriate and required by IDEA 2004. An IEP to determine eligibility under Part B shall be scheduled by the LEA of residence/preschool program operator to take place prior to the child’s third birthday so that services under Part B may commence by that date or, if school is not in session, by the date that school is next in session, including extended school year (ESY). If scheduled by the preschool program operator, the LEA shall be invited to the IEP meeting. Assessment Process Evaluations and assessments of infants and toddlers are conducted differently from those of older students. According to Meisels and Provence, in the publication Guidelines for Identifying Young Disabled and Developmentally Vulnerable Children and Their Families, during the developmental stages of early childhood, a young child will act differently at different times of the day to the same set of circumstances. Changes in the child’s physical state, surr ounding environment, and interactions with significant people in his or her life can have an impact upon how the child reacts. To account for these differences, service providers use a multidisciplinary, interdisciplinary, or transdisciplinary team approach. To obtain accurate information various tools may be used, such as standardized assessment measures with alternative approaches, play-based assessments, and clinical observations of the child in different settings. Preferred practices include:
• Parents and family members, as team members, provide information.
• Assessment as a coordinated intervention plan encourages parents/families to learn about procedures, observe the work of professionals, and learn to interpret data. • The California Code of Regulations requires that evaluations and assessments be conducted in natural environments, whenever possible. This ecological model of assessment allows the child to interact with his/her environment in light of regular daily activities and routines. • The team of evaluators/assessors designs procedures to obtain information that is appropriate and based upon activities that are reliable and valid.
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• The results and recommendations are provided to families in a written report that uses lay terms. Other conditions for the assessment process, such as obtaining a signed consent are also appropriate for students aged birth to five years.
Section D – English Language Learners
E.C. 56320(b) . Tests and other assessment materials meet all of the following requirements: (1) are provided and administered in the language and form most likely to yield accurate information on what the pupil knows and can do academically, developmentally, and functionally, unless it is not feasible to so provide or administer as required by Section 1414(b)(3)(A)(ii) of Title 20 of the United States Code.
5 C.C.R. 3001(y) . “Primary Language” means the language other than English, or other mode of communication, the person first learned, or the language which is spoken in the person’s home.
According to the California Department of Education publication, Guidelines for Individual Evaluation of California Students with Disabilities, Birth Through Age Twenty-One, 1999,
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changes occurred in IDEA 97 that relate to evaluation requirements for English language learners who are suspected of having a disability. Per that document:
The definition of native language was changed in IDEA 97 to refer to the language normally used by the parents of the English-learning child. If a disability is suspected, school districts should provide and administer tests and other evaluative procedures using the child’s native language or other mode of communication, unless it is clearly not feasible to do so. Procedural safeguards during the evaluation process are the same for all students, with these additional requirements: (1) the plan for evaluation shall be provided in the native language of the parent or other mode of communication used by the parent, unless doing so is clearly not feasible; (2) the plan for evaluation mu st indicate the student’s primary language; and (3) procedures and test materials for use with pupils having limited English proficiency, as defined in Education Code section 52163(m), shall be in the individual’s primary language. To consider whether an English language learner suspected of having a disability is eligible for special education, the IEP team determines whether the learning disability is demonstrated in his or her native language and in English. Test procedures and interpretation of results must cover the student’s achievement in the district curriculum and in the district-adopted sheltered or structured English immersion program. In addition, the IEP team must consider whether a lack of instruction in reading or mathematics, temporary physical disabilities, social maladjustment, or environmental, cultural, or economic factors contribute to the student’s performance.
Section E – Evaluation of African-American Students
Under the Larry P. v. Riles decision of 1979, assessment of intelligence of African-American students referred for special education is not allowed. The decision identified tests that are prohibited. Additionally, there is no criterion or a process for selecting acceptable instruments. According to the California Department of Education, Special Education Division, African- American students cannot be assured that decisions about their eligibility for special education will be based on technically or educationally adequate instruments. To provide equal treatment and effective educational decisions for African-American students in special education, according to a presentation to the Advisory Commission on Special Education, November 20, 1998: The California Association of School Psychologists (CASP) in cooperation with the Special Education Division of the California Department of Education asks the Advisory Commission on Special Education to participate in establishing criteria and a committee to select acceptable tests or procedures . The assessment of intelligence for special education was reaffirmed in IDEA 97 and continues to be required under California education regulations. Intelligence is assessed for education as identification and documentation of an educational disability as required for special education services. However, identification of all educational disabilities does not require the assessment of
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intelligence, and several of the educational disabilities include the term intellectual ability or a synonym of the concept. Terms of general or specific intellectual abilities are found as special education service requirements for specific learning disability, intellectual disability, emotional disturbance, and traumatic brain injury. Implications for California Speech Language Pathologists - Toya Wyatt Article Although the original ruling applies to the use of standardized IQ tests with African-American children, many standardized speech and language tests also fall under the Larry P. mandate. This is because they directly or indirectly purport to measure IQ and their construct validity is partially or fully determined through correlations with other IQ tests.
A supplement to these SELPA guidelines will address information regarding assessment for intelligence of African-American students as it becomes available.
See Appendix A for an opinion letter regarding the propriety of administering IQ tests to African- American students.
Section F – Emotionally Disturbed
Definition
5 C.C.R. 3030(i) . Because of a serious emotional disturbance, a pupil exhibits one or more of the following characteristics over a long period of time and to a marked degree, which adversely affect educational performance:
(1) An inability to learn which cannot be explained by intellectual, sensory, or health factors. (2) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers. (3) Inappropriate types of behavior or feelings under normal circumstances exhibited in several situations.
(4) A general pervasive mood of unhappiness or depression.
(5) A tendency to develop physical symptoms or fears associated with personal or school problems.
Students with emotional disturbance are assessed in the same way that non-disabled students are assessed. Assessment options include: state and LEA selected assessments, other norm-referenced tests, curriculum-based assessments, and alternative assessments. If modifications or accommodations are needed for classroom work, then those modifications or accommodations are recorded on the IEP and are appropriate for evaluation or assessment processes. If behavior is unpredictable, alternative assessment can be determined by the IEP team and documented on the IEP.
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