OH1

1
Welcome toQ.E.D.

• Quality Eligibility Determination
• RPDC Mission
• Building the capacity of educators and schools to
  maximize student performance through high quality
  professional development.

2
Agenda
1

• Section 1 Introduction 30 Minutes
• Section 2 Rationale 30 Minutes
• Section 3 Overview of Problem Solving 45 Minutes
• Section 4 The Referral 30 Minutes
• Section 5 Conducting the Evaluation 45 Minutes
• Section 6 Adverse Impact 30 Minutes
• Section 7 Professional Judgment and Decision
  Making 30 Minutes
• Section 8 Need for Special Education 30 Minutes
• Section 9 The Model Evaluation Report 30 Minutes
• Section 10 Conclusion 15 Minutes

3
DESE Web Reply Address
2

• For questions not addressed in the training or
  specific questions related to observing and
  implementing DESE policies and guidelines, e-mail
  questions to
• webreplyspe_at_dese.mo.gov
• Questions will be answered by appropriate DESE
  personnel.

4
Competencies
3

• By participating in this training, participants
  will develop skills...
• For clarifying referral concerns
• In designing evaluations to determine eligibility
  for special education
• To integrate general education problem-solving
  results with assessment procedures to meet
  federal and state legal requirements for
  eligibility determination evaluations and the
  development of individualized education programs
• Participants also will learn and implement sound
  principles in the following areas when making
  eligibility determinations
• Applying Missouri State criteria from the G
  documents
• Using professional judgment
• Determining adverse educational impact
• Determining need for special education services

5
Carousel

• Ahardest task is not to do what is right, but
  to know what is right. Lyndon B Johnson
• Never take anything for granted. Benjamin
  Disraeli
• Remember that yesterdays answer may have
  nothing to do with todays problem. Don Ward
• The heart makes better decisions than the head
  and it doesnt keep you awake at night doing
  itjust announces one day what the decision is.
  Miles Moreland

6
Prevalence DataMissouri
4
200102Percentage of Representation of Total
Disabled Identified

• Key
• SLD Specific Learning Disability MD Multiple
  Disabilities
• S/L Speech or Language Impairment OI Orthopedic
  Impairment
• MR Mental Retardation VI Visual
  Impairment/Blind
• ED Emotional Disturbance TBI Traumatic Brain
  Injury
• OHI Other Health Impaired YCDD Young Child with
  a
• AU Autism Developmental Delay
• HI Hearing Impairment or Deafness
  D/B Deaf/Blindness

Percentages derived from data as of 07/07/03
from United States Office of Special Education
Programs, Part B Annual Report Tables, Table
AA13 Percentage (Based on Estimated Enrollment)
of Children Ages 617 Served Under IDEA, Part B,
by Disability at www.ideadata.org/PartBdata.asp
7
Prevalence DataU.S.
5
200102Percentage of Representation of Total
Disabled Identified

• Key
• SLD Specific Learning Disability MD Multiple
  Disabilities
• S/L Speech or Language Impairment OI Orthopedic
  Impairment
• MR Mental Retardation VI Visual
  Impairment/Blind
• ED Emotional Disturbance TBI Traumatic Brain
  Injury
• OHI Other Health Impaired YCDD Young Child with
  a
• AU Autism Developmental Delay
• HI Hearing Impairment or Deafness
  D/B Deaf/Blindness

Percentages derived from data as of 07/07/03
from United States Office of Special Education
Programs, Part B Annual Report Tables, Table
AA13 Percentage (Based on Estimated Enrollment)
of Children Ages 617 Served Under IDEA, Part B,
by Disability at www.ideadata.org/PartBdata.asp
8
IDEA Part B Annual Reports Data
6
Percent of Population Served by Disability Based
on Estimated Enrollment of Children and Youth
Ages 617(School years 199495 through 200102)

• Data as of 07/07/03 from United States Office of
  Special Education Programs, Part B Annual Report
  Tables, Table AA13 Percentage (Based on
  Estimated Enrollment) of Children Ages 617
  Served Under IDEA, Part B, by Disability at
  www.ideadata.org/PartBdata.asp

Please Note Percentages less than 0.01 are
reported as 0.00 on the United State Office of
Education Programs, Part B Annual Report Table
AA13 Developmental Delay is Missouri
disability category Young Child with a
Developmental Delay (YCDD)
9
IDEA Part B Annual Reports Data(cont.)
6 (continued)
United States IDEA Part B State to State Range of
Percent of Population Served by Disability Based
on Estimated Enrollment of Children and Youth
Ages 617 (School year 200102)

• Data as of 07/07/03 from United States Office of
  Special Education Programs, Part B Annual Report
  Tables, Table AA13 Percentage (Based on
  Estimated Enrollment) of Children Ages 617
  Served Under IDEA, Part B, by Disability at
  www.ideadata.org/PartBdata.asp
• Multiple Disabilities Bottom FL, GA, IL, ND,
  OR, WV, WI
• Deaf-Blindness Top DE and MA
• Deaf-Blindness Bottom All except DE and MA
• Traumatic Brain Injury Bottom DE and MI

10
Missouri District to District Range of Incidence
Rates by Disability Category
7
Missouri Department of Elementary and Secondary
Education, Division of Special Education Percentag
e Based on Total School September Enrollment of
Children and Youth Ages 5K22 (School year
200102)

• Data as of 08/19/03 from Screen 11 Special
  Education Placement Counts by Age of Core Data

11
Eligibility Criteria
8

• Two-pronged criteria
• Categorical disability criteria
• Including adverse educational impact
• 2. Need for special education

12
Quote from Donovan Cross
9

• There is substantial evidence with regard to
  both behavior and achievement that early
  identification and intervention is more
  effective than later identification and
  intervention.
• (Donovan Cross, 2002, p. 5)

13
Prevention and Early Intervention
10

• Prevention and early intervention are more
  effective than treatment of academic or
  social/behavioral problems after they have
  existed for several years.
• The efficacy of early reading interventions is
  superior to later reading interventions.
• The efficacy of early interventions for behavior
  problems is superior to the results of later
  interventions.
• The response to individualized interventions in
  general education is critical to determining
  special education need and to measuring adverse
  educational impact.

14
Prevention and Early Intervention (cont.)
10 (continued)

• Eligibility determinations are incomplete if not
  informed by student responses to high-quality
  general education interventions and improved
  general education inter-ventions are prerequisite
  to improving access to the general education
  curriculum
• Presidents Commission on Excellence in Special
  Education
• National Research Council Panel on Minority
  Students in Gifted and Special Education
• Preamble to the Individuals with Disabilities
  Education Act (1997)
• Missouri School Improvement Program Integrated
  Standards and Indicators Manual
• The district has implemented effective
  instructional programs designed to meet the
  assessed needs of its students, as well as the
  practices and procedures needed to support these
  programs. (Missouri Department of Elementary and
  Secondary Education, 2001, p. 15)

(Donovan Cross, 2002 Missouri Department of
Elementary and Secondary Education, 2001 U.S.
Department of Education Office of Special
Education and Rehabilitative Services, 2002)
15
Efficacy of Special Education
11

• The effectiveness of special education is not
  universally documented.
• The cost of providing services in special
  education is rising steadily and is much higher
  than the cost of educating a child in general
  education.
• We see lowered expectations for students in
  special education and reduced academic pressure.
• Later educational opportunities for students in
  special education are enhanced if learning and
  behavior problems are resolved in the early
  grades.
• Career opportunities for students in special
  education are enhanced when they can complete
  general education programs.
• Early intervention improves outcomes for success
  in school and in careers.
• Special education is a lastnot a firstresort by
  design.

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Missouri Decision-Making Model (Global)
12
17
Missouri Decision-Making Model (Detail)Making
Quality Education Decisions
13
18
Missouri Decision-Making Model (Detail)(cont.)
13 (continued)
19
Problem-Solving Elements
14

• Element 1
• Problem Definition
• Element 2
• Problem Analysis and Intervention Development
• Element 3
• Implementation
• Element 4
• Evaluation and Decision Making

20
The RIOT Principle
15

• The RIOT principle is applied to the general
  education curriculum.

R
eview
I
nterview
O
bserve
T
est
21
The RIOT Principle Chart
16
RIOT Principle Applied to Different Behavior
Domains
22
The RIOT Principle Chart (cont.)
16 (continued)
23
Definitions of Problem-Solving Elements
17

• Element 1 Problem Definition
• Define the problem in observable and measurable
  terms. Gather information about how often, when,
  and where it occurs.
• Element 2 Problem Analysis and Intervention
  Development
• Determine what you want to change, what
  intervention to implement, and how to measure the
  outcome of the intervention.
• Element 3 Implementation
• Interventions are tried and progress is
  monitored. Make adjustments to the interventions
  during this phase if they arent working. Provide
  assistance and feedback to the teacher(s)
  implementing the strategies.
• Element 4 Evaluation and Decision Making
• Use data gathered to determine the effectiveness
  of the interventions by looking at pre and
  post data. Decide if the intervention should be
  continued or revised. Determine if additional
  interventions should be imple-mented to address
  other problems of the student.

24
Characteristics of a Good Problem Definition
18

• Identify problem in observable, behavioral terms
• Identify the setting and expectations and
  estimate the frequency of the behavior
• Develop a realistic, applicable measure of the
  behavior that can be applied in the classroom
• Collect baseline data on target student and on
  normal or average peer

25
Element 2Problem Analysis and Intervention
Development
19

• For inappropriate behaviors ask
• What are the conditions related to the behavior?
• What are the antecedents and consequences?
• Are they something that can be controlled by the
  school? Is it a skill or a performance problem or
  both?
• Is it a cant or a wont situation?
• The requirements for the intervention would
  include
• Who is responsible for implementation?
• How frequently should progress be monitored?
• When will progress be reviewed?
• How will records be kept?
• What is the expected level of progress?

26
Things to Consider when Planning an
Instructional or Behavioral Intervention
20

• Is it possible to use a positive intervention?
• Does the intervention fit easily into the
  classroom?
• Are resources outside of the classroom included?
• Can the intervention be easily explained and
  taught to the teacher?
• Does it include support, reinforcement, and
  regular contact with the teacher?
• Is it cheap and does it require minimal teacher
  effort?
• Does it include preventive strategies that would
  benefit the whole class?
• Does it teach students strategies that lead to
  generalization (when possible)?

27
Element 3 Implementation
21

• Implement selected intervention for specified
  period
• Monitor progress frequently at set points
• Change intervention as needed based on progress
  monitoring results

28
Element 4 Evaluation and Decision Making
(Response to Interventions)
22

• Collect post-intervention data
• Graph data and compare to goal set for student
• Graphing Program Change Reinforcement
  Effect Size of 1.0
• Determine if intervention is successful and needs
  to be continued. If not successful, decide either
  to try other intervention strategies or to
  consider a referral for a special education
  evaluation
• (Fuchs Fuchs, 1986)

29
Request for Consideration of a Special Education
Evaluation
23

• When should this request be made?
• Large gaps in comparison to peers and grade norms
• Low rate of skill acquisition compared to peers
• Not progressing at same rate as peers even with
  interventions
• Analysis of data collected during problem-solving
  process indicates characteristics of a potential
  disability

30
Reasons for Referrals
24

• Academic skills alone 40
• Behavior alone 20
• Academic and behavior concerns 40
• (Donovan Cross, 2002)

31
Other Reasons for Referrals
25

• Reading concerns are included in 7080 of
  referrals.
• Referrals typically do not include data.
• Referrals typically do not include questions to
  be answered in the eligibility determination.
• (Donovan Cross, 2002)

32
Demographic Correlates of Referrals
26

• More males than females (despite having the same
  rate of significantly low reading skills)
• Disproportionate by race/ethnicity and
  socio-economic status
• Highly variable characteristics of students
  referred depending on demographic characteristics
  of the school district
• Referrals occur due to relatively low achievement
  (compared to others in a classroom) and to
  interfering behaviors
• (Donovan Cross, 2002)

33
Outcomes of Referrals
27

• If an eligibility evaluation is conducted, there
  is a high probability of placement in special
  education.
• Evaluations are often poorly related to referral
  concerns the same battery with little variation
  is used in most eligibility evaluations.
• Data collected in an eligibility evaluation is
  poorly related to information needed on what to
  teach, how to teach it, and how to assess
  progress.
• (Ysseldyke, Vanderwood, Shriner, 1997)

34
Characteristics of Good Referrals
28

• Data-based
• Use data from assessments in general education
  interventions to characterize problems
• Use data from general education problem-solving
  interventions to show responsiveness to
  instructional or behavioral interventions
• Use data from general education interventions to
  indicate what does and does not seem to work
• Use data from general education interventions to
  describe intervention needs (i.e., what is needed
  for this student to be successful)
• Use data from all sources to allow a decision to
  be made about whether there is a reason to
  suspect the student has a disability and needs a
  special education evaluation.

35
Agency Referral
29

• Determine if there is enough information or
  evidence to warrant an evaluation.
• If there is not sufficient information or
  evidence, the agency representative may request
  additional information or evidence about general
  education interventions. There are no timelines
  within this request that need to be accomplished.
• If there is enough information/evidence, the
  agency may determine an evaluation is warranted,
  and then the evaluation team will proceed with
  reviewing existing evaluation data on the
  student.
• The effective referral date is the date the
  agency determined an evaluation is warranted.
• It is expected that the agency will have
  procedures in place that result in provision of a
  Prior Written Notice 30 calendar days from the
  date of the referral.
• (Missouri Department of Elementary and Secondary
  Education, Division of Special Education, 2001a)

36
Parent Referral
30

• For an initial evaluation or reevaluation other
  than the required triennial reevaluation
• The date of the referral is the date a member of
  the agencys certificated staff receives a
  request from a parent (either written or verbal)
• Not more than 30 calendar days from the date of
  the request, the agency determines if there is a
  reason to suspect a disability and a need for an
  evaluation
• If there is not enough information to suspect a
  disability, provide a Notice of ActionRefused
• One still needs to ask, Do we have all the
  information we need?
• (Missouri Department of Elementary and Secondary
  Education, Division of Special Education, 2001a)

37
Evaluation Procedures
31

• Each public agency shall conduct a full and
  individual initial evaluation, in accordance with
  34 CFR 300.532 and 34 CFR 300.533, before the
  initial provision of special education and
  related services to a student with a disability.
  This may or may not include additional testing as
  determined by the evaluation team members.
• Tests and other evaluation materials used to
  assess a student are not discriminatory.
• A variety of assessment tools and strategies are
  used.
• Standardized tests have been validated.
• Tests and other evaluation materials assess
  specific areas of educational need.
• A test for a student with impaired sensory,
  manual, or speaking skills accurately reflect the
  students aptitude or achievement level.
• No single procedure is used as the sole
  criterion.
• Assessment is conducted in all areas related to
  the suspected disability.
• The evaluation is sufficiently comprehensive to
  identify all of the students special education
  and related services needs.
• Technically sound instruments are used.
• Assessment tools and strategies provide relevant
  information in determining educational needs.
• (Missouri Department of Elementary and
  Secondary Education, 2001b)

38
Federal and State Laws and Regulations
32
IDEA
Federal Regulations
State Statutes
State Regulations/State Plan
Special Education Compliance Program Review
Standards and Indicators
39
Questions to Guide the Eligibility Evaluation
33

• Does the student meet the Missouri criteria for a
  specific disability category?
• Is there documented adverse educational impact of
  the disability in the students educational
  performance?
• Is special education necessary to meet those
  needs?

Special education means specially designed
instruction, at no cost to the parents, to meet
the unique needs of a child with a disability,
including instruction conducted in the classroom,
in the home, in hospitals and institutions, and
in other settings and instruction in physical
educa-tion. The term includes each of the
following, if it meets the definition of
specially designed instruction Speech-language
pathology services, or any other related
service, if the service is considered
special education rather than a related service
under state standards Travel
training Vocational education. (Missouri
Department of Elementary and Secondary
Education, 2001a, p. 1)
40
Questions to Guide the Eligibility Evaluation
(cont.)
33 (continued)

• 4. What are the specific educational needs?
• 5. What specific skills are needed but are not
  currently present?
• 6. Where is the student in relation to a
  specific skill sequence?
• 7. What might be needed to close the gap with
  peers?
• 8. Whats needed for this student to be
  successful in terms of academics and behavior?
• 9. Is a smaller instructional group needed?
  Whats the nature of that smaller group?
• 10. Are more intensive instruction and
  interventions necessary, including information
  about the frequency, duration, supervision
  required, and expertise of somebody delivering
  the intervention?
• 11. Is a behavior plan targeting specific
  problems necessary?
• 12. Is the adoption or development of different
  instructional methods necessary that cannot be
  achieved in the regular classroom without special
  education supplementary aids and services?

41
Questions to Guide the Review of Existing Data
34

• What are the specific educational needs?
• What specific skills are needed but are not
  currently present?
• Where is the student in relation to a specific
  skill sequence (for example, word attack
  skills)?
• What might be needed to close the gap with peers?
  Which interventions related to access to the
  general education curriculum and participation in
  the general education environment need to be
  implemented?

Word attack skills can generally be put on a
skills sequence. This will assist with
determining where to start instructionally and
what to teach next.
42
Questions to Guide the Review of Existing Data
(cont.)
34 (continued)

• 5. What is needed for this student to be
  successful in terms of academics and
  social/emotional/behavioral skills? Is a smaller
  instructional group needed? Whats the nature of
  that smaller group? Are more intensive
  instruction and intervention necessary, including
  information about the frequency, duration,
  supervision required, and expertise of somebody
  delivering the intervention?
• 6. Is a behavior plan targeting specific
  problems necessary?
• 7. Is the adoption or development of different
  instructional methods necessary?
• 8. Is special education necessary to meet those
  needs?
• 9. Does the student meet the Missouri criteria
  for a specific disability category?
• 10. Is there documented adverse educational
  impact of the disability on the students
  educational performance?

43
Review of Existing Data and Additional Data
35

• Referrals differ
• Avoid cattle dipping
• Legal requirements require a full and individual
  evaluation
• Consideration of a wide variety of information is
  required
• Assess the student in all areas related to the
  suspected disability
• Focus on both strength and concern areas
• Answer the evaluation questions

44
Determination of Eligibility
36
The following information from the Missouri
State Plan needs to be included as you make
eligibility determinations.

• Upon completing the administration of tests and
  other evaluation materials, a group of qualified
  professionals, which includes the parent of the
  child, must determine whether the child is a
  child with a disability.
• A child may not be determined to be eligible for
  special education if the determinant factor for
  that eligibility is lack of instruction in
  reading or math or limited English proficiency,
  or if the child does not otherwise meet the
  eligibility criteria.
• In interpreting data, each public agency shall
  draw upon information from a variety of sources,
  including aptitude and achievement tests, parent
  input, teacher recommendations, physical
  condition, social or cultural background, and
  adaptive behavior, and ensure information
  obtained from all of these sources is documented
  and carefully considered.
• (Missouri Department of Elementary and
  Secondary Education, 2001b, pp. 24-25)

45
Eligibility Criteria and Adverse Impact
37

• Two-pronged criteria
• Meeting eligibility criteria
• Demonstrating a need for special education

46
Educational Performance
38

• Academic skills
• Social/emotional/behavioral skills

47
Academic Skills
39
Consider the following academic skills when
determining adverse impact.

• Apply RIOT principle to gather data. Also
  consider
• Attendance
• Progress in the general education curriculum
• Progress towards graduation requirements
• Dropout risk
• Impact of behavior on learning
• Impact of behavior on learning of others

48
Social/Emotional/Behavioral Skills
40

• Consider the following social/emotional/behavioral
  skills when determining adverse impact.
• Assessment of aggressive interfering behaviors
• Assessment of off task, inattention,
  distractibility
• Assessment of noncompliant, defiant behaviors
• Assessment of other disruptive classroom
  behaviors
• Assessment of behavioral earthquakes (i.e.,
  high impact/low frequency behaviors)
• Internalizing behaviors(e.g., depression,
  anxiety, eating disorders)
• Distinction between need for special education
  and need for mental health services
• Apply RIOT principle

49
What is Professional Judgment?
41

• Decisions made by qualified individuals with
  knowledge and experience regarding appropriate
  courses of action about matters that are not
  prescribed precisely by legal requirements or
  other authority.

50
Professional Judgment is Not
42

• Arbitrary and capricious
• Based on hunches or clinical insight
• Rigid application of rules
• Guesses
• Not I feel... or I think...
• Not a way to get around addressing and applying
  the criteria

51
Characteristics of Sound Professional Judgment
43

• Based on data, evidence, best professional
  practices
• Decisions tailored to individuals (Do ALL of
  those students need Wechslers? Could there be
  some-thing else that is more appropriate?)
• Decisions tailored to specific referral questions
  and to eligibility criteria
• Based on multiple sources, settings, and methods
  of data collection
• Public, shared with others, explicit statements,
  reasons given
• Includes statements like, The evidence
  suggests..., and The evidence is consistent
  with...

52
Special Education Definition
44

• Special education means specially designed
  instruction, at no cost to the parents, to meet
  the unique needs of a child with a disability,
  including instruction conducted in the classroom,
  in the home, in hospitals and institutions, and
  in other settings and instruction in physical
  education. The term includes each of the
  following, if it meets the definition of
  specially designed instruction
• Speech-language pathology services, or any other
  related service, if the service is considered
  special education rather than a related service
  under State standards
• Travel training and,
• Vocational education.
• (Missouri Department of Elementary
  and Secondary Education, 2001a, p. 1)

53
Special Education Terms
45

• No cost means that all specially designed
  instruction is provided without charge, but does
  not preclude incidental fees that are normally
  charged to nondisabled students or their parents
  as a part of the regular education program.
• Physical education means the development of
  physical and motor fitness, fundamental motor
  skills and patterns, and skills in aquatics,
  dance, and individual and group games and sports
  (including intramural and lifetime sports), and
  includes special physical education, adapted
  physical education, movement education, and motor
  development.
• Specially designed instruction means adapting, as
  appropriate, to the needs of an eligible child,
  the content, methodology, or delivery of
  instruction to address the unique needs of the
  child that result from the childs disability,
  and to ensure access of the child to the general
  curriculum, so that he or she can meet the
  educational standards within the jurisdiction of
  the public agency that apply to all children.
• Travel training means providing instruction, as
  appropriate, to children with significant
  cognitive disabilities, and any other children
  with disabilities who require this instruction,
  to enable them to develop an awareness of the
  environment in which they live, and learn the
  skills necessary to move effectively and safely
  from place to place within that environ-ment
  (e.g., in school, in the home, at work, and in
  the community).

54
Special Education Terms (cont.)
45 (continued)

• Vocational education means organized educational
  programs that are directly related to the
  preparation of individuals for paid or unpaid
  employment, or for additional preparation for a
  career requiring other than a baccalau-reate or
  advanced degree.
• Related services means transportation and such
  develop-mental, corrective, and other supportive
  services as are required to assist a child with a
  disability to benefit from special education and
  includes speech pathology and audiology services,
  psychological services, physical and occupational
  therapy, recreation, including therapeutic
  recreation, early identification and assessment
  of disabil-ities in children, counseling
  services, including rehabilita-tion counseling,
  orientation and mobility services, and medical
  services for diagnostic or evaluation purposes,
  school health services, social work services in
  schools, and parent counseling and training.
• (Missouri Department of Elementary and
  Secondary Education, 2001a, pp. 12)