Rule 52 and Verification Guidelines

1
Rule 52 and Verification Guidelines

• December 9, 2008
• December 18, 2008
• and finally... January 23, 2009
•  

2
Rule 51

• Effective August 30, 2008
• Revisions and regulations from the 2004
  Reauthorization of IDEA

3
What happened when the man drove his expensive
car into a tree?

•  
•  

4
He found out how the Mercedes bends.

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•  

5
Section 3--Definitions

• 3.06 At no cost
• New specially designed instruction provided
  without charge
• incidental fees that are normally charged to
  nondisabled students or their parents are allowed
• 3.17 Early childhood special education (ECSE)
• Old special education for children birth to age
  3 and families
• New special education for children below age 5
• 3.18 Early intervening services
• New coordinated may include interagency
  financing
• students K-12 with emphasis on K-3
• not currently identified as needing SPED but need
  additional academic and behavioral support to
  succeed in general education
• 3.22 Equipment
• New includes machinery, furniture, AV materials,
  telecommunications, sensory and other
  technological aids and devices

6
Section 3--Definitions

• 3.23 Equitable Services Plan
• New written statement describing services to a
  parentally-placed non-resident student in a
  nonpublic school located in the district
• NOT FAPE
• 3.24 Evaluation
• Old included reference to Section 006
  Verification Criteria and requirement for
  determining status of all developmental domains
  for Birth to Age 3
• New removes all but definition
• 3.49 Parent
• New expanded definition (page 6 Rule 51)
• 3.54 Related Services
• New expands information related to medical
  device that is surgically implantedcochlear
  implants (page 7 Rule 51)

7
Section 3--Definitions

• 3.59 Serious bodily injury
• New substantial risk of death extreme physical
  pain protracted and obvious disfigurement or
  protracted loss or impairment of the function of
  a bodily member, organ or mental faculty
• 3.63A Physical Education
• New definition that includes a wide variety of
  types of activities
• 3.63B Vocational Education
• New definition that includes preparation for
  paid or unpaid employment or for additional
  preparation for a career not requiring a
  baccalaureate or advanced degree
• 3.64 Specially designed instruction
• Old to meet the unique needs of a child with a
  disability.
• New adapting as appropriatethe content,
  methodology, or delivery of instructionto ensure
  access to the general curriculum so that the
  child can meet the educational standardsthat
  apply to all children

8
Section 3--Definitions

• 3.71 Travel training
• New instruction to children with significant
  cognitive disabilitiesto develop an awareness of
  the environment in which they live and learn the
  skills necessary to move effectively and safely
  from place to place

9
Section 4Responsibility for SPED Programs

• 4. 03A3 Regular high school diploma
• New does not include an alternative degree that
  is not fully aligned with the states academic
  standards such as a certificate or a general
  educational developmental credential (GED)
• 4.05 Participation in assessments
• Old district shall develop guidelines for the
  provision of appropriate accommodations and
  modifications
• New provision of appropriate accommodations.
• 4.14F SPED requirements
• New NDE will monitor districts on the
  implementation of IDEAand annually report on the
  districts performance. (District Determinations)

10
Section 6Identification

• Verification Criteria Removed from RuleNow a
  Technical Assistance Document
• Now includes brief descriptors of each disability
  category
• 6. 01A1 Highly mobile
• New definition now includes migrant children
• 6.02 General Evaluation Requirements
• New screening to determine appropriate
  instructional strategies is not an evaluation for
  eligibility
• 6.03F MDT for Specific Learning Disability
• New performance on grade level standards
  (006.03F2f)
• environmental, medical, cultural effects
  (006.03F2g)
• instructional strategies used and the
  student-centered data collected (006.03F2h)
• district must have policies RE amount and nature
  of student performance data that would be
  collected and the general education services that
  would be provided (006.03F2h(1))
• strategies for increasing childs rate of
  learning (006.03F2h(2))
• parents right to request an evaluation
  (006.03F2h(3))

11
Section 7IEPs and IFSPs

• 7.02 IEP Requirements
• New make a good faith effort to assist the
  child to achieve the goals and objectives or
  benchmarks listed in the IEP.
• 7.02A1 IEP Requirements for Age 3-5
• New (including an educational component that
  promotes school readiness and incorporates
  pre-literacy, language and numeracy skills for
  child with an IFSP who are at least three years
  of age)

12
Section 7IEPs and IFSPs

• 7.02A2 Differences between IFSP and IEP
• New provide a detailed explanation of the
  differences between an IFSP and an IEP and if the
  parents choose an IFSP, obtain written informed
  consent from the parents.
• 7.03A2  Regular Education Teacher Attendance
• "A member of the IEP team shall not be required
  to attend an IEP meeting, in whole or in part..."
• 7.03A10b Adult Agency participation
• Old A representative of any other agency that
  is likely to be responsible fortransition
  services
• New To the extent appropriate, with the consent
  of the parents or a child who has reached the age
  of majority, district must invite a
  representative

13
Section 7IEPs and IFSPs

• 7.07C1 ServicesCochlear Implants
• New Routine checking of hearing aids and
  external components of surgically implanted
  medical devices.
• 7.07C1b Cochlear Implants
• New district must ensure that the external
  components of surgically implanted medical
  devices are functioning properly.
• 7.07C1b(i) Cochlear Implants
• New district is not responsible for the
  post-surgical maintenance, programming or
  replacement of the medical device that has been
  surgically implanted (or of an external component
  of the surgically implanted medical device.

14
Section 7IEPs and IFSPs

• 7.07C4 ServicesNonacademic and Extracurricular
• New provision of supplementary aids and
  services determinedby the IEP to provide
  nonacademic and extracurricular services and
  activities in the manner necessary to affordan
  equal opportunity for participation in those
  services and activities.
• 7.07C4a ServicesNonacademic and Extracurricular
• New counseling services, athletics,
  transportation, health services, recreational
  activities, special interest groups or clubs
  sponsored by the district, referrals to agencies
  that provide assistance to individuals with
  disabilities, and employment of students,
  including both employment by the district and
  assistance in making outside employment
  available.

15
Section 7IEPs and IFSPs

• 7.09E1 Changes to the IEP
• New If changes are made to the IEP (without an
  IEP team meeting) the district must ensure that
  the childs IEP team is informed of those
  changes.
• 7.09F Changes to the IEPParent Copy
• New Upon request, a parent must be provided
  with a revised copy of the IEP with the
  amendments incorporated.

16
What happened to the dog that gave birth near a
road?

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17
She was ticketed for littering.

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18
Section 8Placement of Children with Disabilities

• 8.01C Placement
• New In determining placementincluding a
  preschool child
• 8.01D1b SPED Continuum
• New Make provision for supplementary services
  (such as resource or itinerant instruction) to be
  provided in conjunction with regular class
  placement.
•  
• Letter to Trigg
• No mandate for each building to have full
  continuum but each district must have access to
  all levels of service
• C.R.R. v. Water Valley Sch. Dist.
• A severely disabled childs placement in a
  neighboring school district was appropriate and
  LRE for the child.  No federal appellate court
  has recognized a right to a neighborhood school
  assignment under the IDEA.
•  

19
Section 9Procedural Safeguards

• 9.01C
• Old if those issues are not addressed in the
  childs IEP.
• New A meeting does not include informal or
  unscheduled conversations involving school
  district or approved cooperatives personnel and
  conversations on issue such as teaching
  methodology, lesson plans, or coordination of
  service provision.
• 9.02 Parent Involvement in Placement Decisions
• New Four new sections defining how parents are
  to be involved in placement decisions
• District shall ensure that a parent is a member
  of the group that makes placement decisions.
• Same requirements as participation in IEP meeting
  (notice ahead of time mutually agreed on time
  and place)
• Other methods allowed (phone, video conferencing)
• Records of attempts to ensure parental
  involvement
• 9.03B Opportunity to Examine Records
• New Parents permitted to inspect and review
  records in no case more than 45 days after the
  request has been made.

20
Section 9Procedural Safeguards

• 9.03J
• New Parent Consent or consent of child who has
  reached age of majority required before release
  of identifiable information to parties other than
  officials of the participating agencies
• Parent Consent not required before personally
  identifiable information released to officials of
  participating agencies for purposes of meeting
  requirements
• If a child is attending a nonpublic school that
  is located outside of the parents resident
  district, parent consent required before
  information shared between agencies
• 9.04 Procedural Timelines--Initial MDT
• Old MDT complete within 60 calendar days of
  receiving parental consent for evaluation
• New 45 school days
• 9.02A3 Services Provided
• Old Parent consent for initial placement shall
  requested within five school days of the IEP
  conference. Special education placement shall be
  completed within five school days of receipt of
  parental consent.
• New As soon as possible following development
  of the IEP, special education must be made
  available to the child in accordance with the
  IEP.

21
Section 9Procedural Safeguards

• 9.06A Parent Rights
• Available on NDE website    (use Internet
  Explorer, not Firefox)
• NDE Teams and Sections
• --Special Populations
• --Parent Information
• Parents may receive notices electronically.
• 9.08 Parent Consent
• Parent Consent for Initial Evaluations
• --Consent before evaluations
• --Not construed as consent for provision of
  services
• --Must make reasonable effort to obtain consent
• --Ward of the State, not residing with parent,
  consent not required if       Cannot discover
  parents whereabouts
•           Rights have been terminated
•           Educational rights subrogated
  (substituted) by judge
• If a parent does not consent, or fails to respond
  to requests for consent, the district may, but is
  not required to pursue consent through mediation
  or a due process hearing.

22
Section 9Procedural Safeguards

• 9.08B Consent for Services
• Have informed parent consent before initial
  provision of services
• Make reasonable attempt to obtain consent
• If Parents refuse, may not use mediation or due
  process procedures (No means no.)
• If consent is refused, will not be considered a
  violation of Rule 51 not required to convene an
  IEP meeting.
• 9.08C Consent for Reevaluations
• Have informed parent prior to reevaluation
• If parent refuses consent, district may, but is
  not required to
• pursue reevaluation by using the consent override
  procedures (9.08A5)
• Informed parent consent need not be obtained if
  district can demonstrate that
• --it made reasonable efforts to obtain consent
• --the parents failed to respond

23
Section 9Procedural Safeguards

• 9.08D Other Consent Requirements
• Parental Consent not required for
• --Reviewing existing data
• --Administering a test that will be administered
  to all children
• May not use a parents refusal to consent to one
  service to deny the provision of other services
• If parents of a nonpublic or home schooled child
  with a disability do not consent to initial
  evaluation, the district may not use the consent
  override procedures and is not required to
  consider the child as eligible for services.
• Must document attempts to obtain consent

24
Section 9Procedural Safeguards

• 9.10D3b Surrogate Parent for Homeless Children
  who do not have a Parent
• New appropriate staff of emergency shelters,
  independent living programs, and street outreach
  programs may be appointed a temporary surrogate
  parentsuntil a surrogate parent can be appointed
  that meets all requirements
• 9.11 State Complaint Procedures
• Pages 62-64 includes requirements, procedures,
  and timelines for complaints
• 9.13B-E Resolution Period
• Pages 67-68 define the newly added Resolution
  Period requirements

25
Section 10Qualifications of Special Education
Personnel

• 10.06  Quality Assurance Screening Test (QAST)
  Competencies
• If unable to find a qualified sign interpreter,
  district may
• --Hire for one year an interpreter who has
  received a Skills at or above the required
  level, or Hire with Caution
• --May employ up to two year, an interpreter who
  demonstrates the minimum competency level of 2.5
  on the EIPA, NAD or QAST

26
What happened to the herb gardener who worked
overtime? 

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27
He was paid thyme and a half.

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28
Section 12Application and Payment Process

• 12.08  Expenditures for Parentally-Placed
  Non-public School Children
• Equitable services, not FAPE

29
Section 14Transportation

• 14.01D3 Equitable Services Costs Include
  Transportation
• Section 15Children with Disabilities Attending
  Non-Public Schools
• Pages 99-108

30
Section 16--Discipline

• 16.01A2 Removals that constitute a pattern
• Series of removals total more than 10 school days
  in a school year
• Behavior is substantially similar to previous
  incidents AND
• Additional factors such as length or each
  removal, total amount of time removed and the
  proximity of the removals to one another
• 16.02B1 gt10 Days
• Even without a change of placement, if a district
  exceeds 10 days of removal, SPED services must be
  provided according to Section 16 of Rule 51. 

31
What did the zoo name the camel with a flat
back? 

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32
Humphrey

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33
Rule 51 Verification Section

• Mostly Federal Language about Disability
  Verification
•  
• "How-to" formulas are removed
•  
• Operational definitions moved to Verification
  Guidelines - Technical Assistance Document

34
Verification Guidelines Format  

• Section I - Three-Part Eligibility
• Meet verification criteria
• Documentation of adverse effect on educational
  performance
• Determination that a need for special education
  is evident
•  
• Section 2 - Definition of Disability
•  
• Section 3 - MDT Composition
•  
• Section 4 - Verification Guidelines - Areas to be
  assessed, evaluated, analyzed, and documented

35
Verification Guidelines Format

• Section 5 - Procedures to Determine Adverse
  Effect
• extensive list of factors to consider - think
  broadly
• consider the preponderance of the evidence
• framework for documenting specific adverse
  effects that would be addressed on an IEP
•  
• Section 6 - Related Definitions
•  
• Section 7 - Frequently Asked Questions
•  
• Section 8 - References and Resources

36
Autism

• Rule 51 p. 24,  Guidelines p. 15
•  
• Developmental disability that significantly
  affects verbal and nonverbal communication and
  social interaction
•  
• Generally evident before age three
•  
• Adversely affects educational performance
•  
• Other characteristics often associated with
  autism - repetitive activities, stereotyped
  movements, resistance to change, and unusual
  responses to sensory experiences

37
Autism - continued

• Does not apply to primary behavior disorders
•  
• Children over age 3 are not excluded
•  
• Autism label Autism Spectrum Disorder - defined
  by a set of behaviors
• Atypical development of social competence
• Atypical development of communication
• Atypical range of interests and patterns of
  behavior
• Additional indicators
•  
• Guide p. 21 - Good questions and Evaluation
  Strategies
•  
•  

38
Autism - Continued

•  Page 20--Educational evaluation components
•        
•  
•  
• Medical diagnosis not required
•  
• Medical diagnosis should be considered but does
  not mandate educational verification
•  
• ASD Network for assistance

39
Behavior Disorder

• Rule 51 p. 25 - Guide p. 33
•  
• BD Definition and Criteria remain unchanged
•  
• In IDEA 2004 referred to as "Emotional
  Disturbance"
•  
• Focus on Social/Behavioral/Mental Health Issues
  that have an adverse effect on educational
  performance or development
•  
•  

40
Developmental Delay

• Rule 51 p. 26      Guidelines p. 63
•     Criteria identical to previous Rule 51
•  
•     A significant delay is determined by
  standardized testing
•  
•             -at least 2.0 standard deviations
  below the mean in one
•              area of development or
•  
•             -at least 1.3 standard deviations
  below the mean in two
•              areas of development
•  
•                                         OR
•     

41
Developmental Delay - Continued

•     Informed clinical opinion
•  
•         -"...qualified professionals document
  that a child lags
•          behind other children in reaching
  expected develop-
•          mental milestones..."  "The
  developmental delay cannot
•          be determined solely by standardized
  measures or 
•          standardized procedures are not
  available for a given age
•          or developmental area." 

42
HEARING IMPAIRMENT

• Rule p. 26 - Guide p. 81
•  
• Definition change-hearing impairment
  "might/could" be expected to adversely affect the
  child's development or educational performance
  now reads "Will adversely affect"
•  
• Category is more flexible and condensed.
•  
• One section for Early childhood and School-Age.
•  
• TA Guide addresses many factors to consider when
  verifying a child with a hearing impairment.
•  
• A Deaf Educator must be on the MDT and IEP
  Teams. 
•  
•  
•  

43
Mental Handicap

• Rule p. 26 - Guide p. 95
•  
• Severity categories removed
•  
• Defined in Rule as "significantly subaverage
  intellectual functioning" with "deficits in
  adaptive behavior"
•  
• Guidelines define significantly below average
  functioning as "at least 2.0 standard deviations
  below the mean" - Standard Score of 70 or below
•  
• Guidelines also apply significantly below
  criteria to three component areas adaptive
  behavior, academic 
• achievement, and intellectual functioning

44
MH continued

• Practical Implications
• Borderline (71-80) IQs no longer qualify for MH
  (with the exception of the use of Standard Error
  of Measure - p 103)
•  
• Of the three components Rule states that only IQ
  must be 70 or below with "deficits" in adaptive
  behavior
•  
• A formal adaptive behavior rating scale should be
  part of the evaluation but "adaptive behavior"
  should not be limited to the results of the scale
•  
• Examples?

45
Multiple Impairments

• Rule p. 27 - Guide p. 107
•  
• Definition - concomitant impairments that cause
  severe deficits that cannot be addressed solely
  on the basis of one impairment - deaf-blindness
  is excluded.  Guide refers to multiplicity of
  disabilities such that a primary disability
  cannot be determined.
•  
• Rule removed the requirement of "Moderate MH" or
  below
•  
• Guidelines require scores of 45 or below the mean
  in IQ, adaptive behavior across settings, and
  functional academic skills

46
Orthopedic Impairment 

• Rule 51 p. 27    Guidelines  p. 121
•     Criteria remain the same as previous Rule 51
•     "A child may not be verified with an
  orthopedic impairment based solely on a physical
  disability." 
•     Why not?

47
Other Health Impairment

• Rule p. 27 - Guide p. 137
• Definition unchanged - Chronic or acute health
  problems which adversely affect the child's
  educational/developmental performance
•  
• Examples - asthma, attention deficit/hyperactivity
  disorder, diabetes, epilepsy, heart condition,
  hemophilia, lead poisoning, leukemia, nephritis,
  rheumatic fever, sickle cell anemia, Tourette
  syndrome - list does not exclude other
  medical/health conditions
•  
• Physician's report still required, but does not
  determine educational verification - MDT must
  determine and document adverse effect

48
Physician Input for OHI, OI and TBI

• Stay tuned for new form
• "Prescription pad diagnosis"
•       Christopher M. v. Corpus Christi
•             Fifth Circuit declined "to create a
  presumnption in favor of treating physicians." 
•             "...school personnel often have great
  contact with a handicapped child than does a
  treating physician..."   

49
What do you call cheese that doesn't belong to
you? 

•  

50
Nacho cheese

•  

51
Specific Learning Disability

• Rule p. 28 - Guide p. 151
•  
• Definition unchanged - "disorder ... in
  understanding or in using language, spoken or
  written, that may manifest itself in an imperfect
  ability to listen, think, speak, read, write, or
  to do mathematic calculations".  (8 areas)
•  
• Excludes learning problems primarily from visual,
  hearing, motor, intellectual, behavior disorders
  or resulting from environment, cultural, economic
  disadvantages or lack of appropriate instruction

52
SLD continued

• Rule does not include an IQ-achievement discrepanc
  y formula
•  
• Disorder may be determined if student
• does not have adequate achievement to meet
  state-approved grade-level standards
• is not making sufficient progress toward meeting
  age or state approved grade-level standards in
  one or more of the SLD achievement areas
•  
• New "discrepancy formula" - 1) Level of
  achievement as compared to standards and 2) Rate
  of progress to meet the standards

53
Emphasis on Prereferral Instruction

• Rule 51 - 006.04K5
•  
• Eliminate "lack of appropriate instruction" as a
  cause of underachievement
•  
• Provide data that child was provided appropriate
  instruction (delivered by qualified personnel)
  prior to, or as part of, the referral process
•  
• Data-based documentation of repeated assessments
  of achievement at reasonable intervals,
  reflecting formal assessment of student progress
  during instruction
•  
• A GOOD SAT PROCESS IS ESSENTIAL (AND REQUIRED)

54
We pause for this brief commercial
announcement.......

• WHO    Lisa Kelly-Vance
• WHAT    Workshop on Problem Solving Teams
• WHEN   Wednesday, February 11
•                 900-300
• WHERE     ESU 6
• Substitute stipends available through SCIP

55
SLD - Two options in Guidelines

• State must adopt criteria for determining whether
  a child has a specific learning disability
•  
• State must not require the use of discrepancy
  between IQ and achievement
•  
• State must permit use of a process based on the
  child's response to scientific, research-based
  intervention that is consistent with State
  criteria.
•  
• NDE - MDT may use RtI or severe discrepancy
  formula

56
SLD - Severe Discrepancy

• Guidelines p. 159
•  
• Similiarities to prior Rule 51 -
• To qualify as SLD achievement score(s) must be 20
  points or more lower than assessed intellectual
  level
•  
• Classroom observation
•  
• Higher composite score may be used if there are
  large discrepancies on IQ test (16 points or
  more)
•  
•  

57
Severe Discrepancy - Changes

• SLD qualifying achievement scores must be 84 or
  below - based on the presumption that scores
  within 1 S.D. of the mean are still in the
  average range and do not represent a "disorder"
•  
• IQ scores do not need to be "average" - 85 or
  above (must still be above 70)
•  
• Emphasis on Reliability of test scores
•  
•  
•  
•  

58
SLD Response to Intervention

• "RtI provides a framework for guiding instruction
  for all children. The RtI processs is a
  multi-tiered approach that provides interventions
  to struggling children at increasing levels of
  intensity.  The problem-solving model serves as
  the over-arching structure that organizes
  assessment and intervention activities."
•  
•  

59
RtI - continued

• A quality RtI process will include these
  Essential Elements
•          
• Team Leadership
• Parent Involvement
• Universal Screening Procedures and Assessments
• Scientifically or Research-Based Core Instruction
  and Interventions
• Individual Progress Monitoring
• Planned Service Delivery Decision Rules
• Intervention Delivery
• Fidelity of Instruction
• (SLD Verification - possible outcome - not a core
  element)

60
RtI - continued

• Implementing a Quality RtI Process is a System
  Change that requires committment to develop
  organizational capacity
•  
• district and building leadership
•  
• school-wide buy in
•  
• integration of services
•  
• alignment of existing initiatives
•  
• professional development

61
What happens if you don't pay the exorcist?

•  

62
You get repossessed.

•  

63
Current Status of RtI for Verification

• NDE and RtI Consortium is working on a process to
  validate a district's/building's readiness to use
  RtI for verification, based on the Essential
  Elements.
•  
• RtI "requirements" will be added to the next
  revision of Rule 51.  Until that is done a
  district that wants to use the RtI process for
  verification of SLD must submit its
  RtI Implementation Plan to the RtI Consortium for
  review.  RtI is now included on the Statement of
  Assurances that is submitted with Final Financial
  Reports. 

64
Current Status of RtI for Verification

• "NDE realizes that the implementation of RtI
  involves systems change for both general and
  special educators which may take considerable
  time to effect.  If your district has implemented
  RtI to the extent that the MDT believes a
  comprehensive evaluation can be conducted based
  on RtI data, that process may be used for SLD
  verification purposes until the "Essential
  Elements" document is final.  If your district
  has not fully implemented RtI with fidelity, the
  use of a severe discrepancy model remains
  appropriate for verification of SLD."      NDE,
  Nov. 5, 2008
•  
• Proceed with CAUTION!!
•  
•  

65
Response to Instruction/Intervention

• Is RtI a fad that will go away?
•  
• Almost certainly not - (RtI by August 2012, p.
  159--Reading, Kindergarten--Grade 6)
•  
• RtI is linked to
• research-based instruction and intervention
• providing early interventing services to
  struggling learners
• data-based student achievement information
• school improvement process
• any current or future school accountability and
  reporting system

66
Why did the man put his name in the neck of his
shirt?

•  

67
He wantedcollar ID.

•  

68
Speech-Language Impairment
Rule p. 30       Guide pp. 173-202 New
definition---   "...demonstrate below average
performance in language or articulation, or
abnormal patterns in voice or fluency.
" Previously---"...demonstrate significant
difficulty..."

•  

69
Speech-Language Impairment
Language No longer in Rule or Guidelines       
     General intellectual ability determined for
language disability AND scores must be 20 points
below ability              At least one form of
the assessment instruments used must yield a
standard score                                
......BUT......              MH child's
"developmental age" should be a major
consideration               Children should not
be verified based on low scores  on a single
test                    Repeated (emphatically)
on page 183       Page 181--Continuum

•  

70
Speech-Language--continued

•    Language Disorder Assessment Continuum
•             Page 181
•     Phonological Processes
•             Page 182.................professional
  judgment

71
Speech-Language--continued

• Articulation
•     No longer different standards for different
  ages
•     Page 184--extensive list of sources of
  information
•                                    
  .......OR........
•     Page 185--Articulation Disorder Assessment
  Continuum

72
Speech-Language--continued

•     Voice
•    Medical input required prior to voice therapy
•  
•     Presence of a medical condition (e.g. vocal
  nodules) does not automatically mean eligibility
•     "The normal voice is unremarkable its
  quality, pitch, resonance, and intensity are
  appropriate to the individual's age, gender and
  cultural group.  These vocal parameters
• do not call attention to themselves." p. 190

73
Speech-Language--continued

•     Fluency
•  
•     Much more definitive than previous Rule 51  
•     Fluency Disorder Assessment Continuum---p.
  193
•  Page 194
•     Computations--multiple sample and single
  sample method  
•  
•     Adaptation Effect--gt or lt 50?  
•     Consistency Effect--gt or lt 1.0? 

74
Traumatic Brain Injury

• Rule p. 30, Guide p. 203
•  
• Criteria basically unchanged
•  
• acquired injury caused by external physical force
• resulting in total or partial functional
  disability or psychosocial impairment
• adversely affects educational/developmental
  performance
• does not include congenital, degenerative, or
  birth-related injuries
•  

75
TBI - continued

• Description of an event that resulted in brain
  injury
•  
• Evidence of impaired functioning
•  
• Severity of impaired functioning - adverse effect
•  
• See evaluation questions - p. 207
•  
• Brain Injury Regional School Support Teams
  (BIRSST)
•  
•  

76
Why should you wear da/di glasses in da/di math
class?

•  

77
They helpwith division.

•  

78
Visual Impairment

• Rule p. 31 - Guide p. 223
•  
• Criteria basically unchanged
•  
•     an impairment in vision that, even with
  correction,
•      adversely affects the child's educational,
  or in the case of a
•      child below age five, a child's
  developmental performance
•     a child with a visual impairment should be
  verified in one of
•      three categories
•  
•         -blind
•         -legally blind
•         -partially sighted

79
Reevaluations

• Rule 51      006.05  p. 31
•  
• Required if
• school district determines that the educational
  needs, etc. require a reevaluation or
• parents or teachers request a reevaluation
•  
• Parental consent required for new assessments -
  unless parents do not respond to request 
  re-evaluations may happen in this case without
  parent permission
•  
•  
•  

80
Reevaluation - continued

• Not more than once per year unless parent and
  district agree
•  
• Must occur at least once every 3 years unless
  parent and district agree that a reevaluation is
  unnecessary
•  
•  
•  
•  

81
Review of Existing Evaluation Data

•  Rule 51  Page 31, 6.06  requires for initial
  (if appropriate) and ANY reevaluation, the IEP
  team shall review the following
• prior evaluations
• information provided by parents
• current classroom performance
• standards-based assessments
• observations
• other - current medical reports, etc.
•  
•  
•  
•  

82
Purpose of an Information Review

• Determine what, if any, additional data are
  needed to determine
•  
• whether the child continues to have an
  educational disability
• the present levels of academic achievement and
  development
• whether the child continues to need special
  education and related services and
• whether any additions or modifications to
  services are needed for the student to meet
  annual goals
•  
• Review may be conducted without a meeting
•  
•  
•  
•  
•  

83
 Reevaluation by Review

• If IEP team determines that no additional data
  are needed to determine eligibility and need
• notify parents of that determination
• notify parents of their rights to request an
  assessment
•  
• The school district shall not be required to
  conduct assessment unless requested by parents.
•  
• District shall "evaluate according to Section
  006" (which could include Review of Existing
  Data) before determining that a disability no
  longer exists - except for graduation and
  aging-out
•  
•  

84
Reevaluation by Review Issues

• Documentation - SRS and other??
•          
• Purpose is to assure that a review did take place
  and by more than one person
• Parent must be notified and consent to
  decision--either for additional testing or no
  further testing
•  
•  
• Reviewing an RtI verified Student -
• Same process used for any other previously
  verified student
• Reviewing a student who qualified under prior
  Rule 51 criteria
• Different administrators and/or different
  evaluators may take different
• positions on the process to be used.  No
  right/wrong answer...... 
•  

85
     A dog, Mace, and his unusual diet
86
 

•  

87

• Innovative solutions