SPECIAL EDUCATION LAW: CHILD FIND

1. LOCATION, Identification, evaluation And eligibility SPECIAL EDUCATION LAW: CHILD FIND

2. IDEA Locate Identify Evaluate Determine Eligibility Develop IEP Monitor progress Review/Revise IEP as appropriate Reevaluate as appropriate Transition out of special education

3. Pre-referral/RTI IDEA 2004: focus on interventions in the regular education environment Can reserve up to 15% of federal funds for pre-referral activities � early intervening services � for children aged K-12 MUSER Section III describes Maine�s pre-referral requirements Specific substantive requirements RTI must be in place by 2010

4. Pre-referral/RTI Local policies govern referral to the IEP Team for students for whom pre-referral activities (interventions in the regular education environment) are unsuccessful A parent can ALWAYS refer their child to the IEP Team regardless of the status of pre-referral activities Parents do not have due process rights regarding the implementation of pre-referral procedures Pre-referral is not Child Find

5. Locate/Identify IDEA places an affirmative obligation on local education agencies (LEAs) to have policies and procedures in place to ensure that children who may meet the definition of a �child with a disability� are located and identified MUSER Section IV outlines Maine requirements for LEAs, which are called school administrative units (SAUs), and which include the regional CDS sites (IEUs)

6. Child Find Process IEP Team* receives a referral IEP Team determines if/what evaluations are needed to determine eligibility and programming IEP Team obtains informed consent from parent Evaluations conducted pursuant to the directives of the IEP Team IEP Team meets to determine eligibility If eligible, IEP Team develops IEP

7. Referral LEAs must have a policy on referral to the IEP Team IDEA 2004: Parent, SEA or LEA, another state agency may initiate a request for an initial evaluation, a.k.a. a referral to special education Date of referral is important as it starts the clock ticking . . . *IDEA does not require that the group of persons involved in Child Find be the IEP Team; Maine uses the IEP Team

8. Determination of Needed Evaluations Must start by reviewing existing information about the child Provided by parent, including evaluations obtained through medical system Classroom based observations Formal/informal assessments

9. Evaluations Needed To Determine Does the child have a disability? What is it? What are the child�s present levels of performance? Are there accommodations/modifications that can be made to the regular education environment? Does the child need special education? Related services? Is the child making progress? Does the child continue to need special education and related services?

10. 6 Questions Who? What? When? Where? Why? How?

11. Consent LEA must obtain parental consent prior to evaluation Screening is not the same as evaluation IDEA 2004: LEA must attempt to obtain consent from parents (bio/adoptive) of children who are wards of the State If parent refuses to consent to an evaluation, LEA may, but is not required to, use due process to obtain authority to evaluate

12. Consent Means Parent has been fully informed in native language or mode of communication of all information about the action for which they are giving consent Parent understands and agrees in writing to that action � and the consent describes the action and lists the records, if any, that will be released and to whom Parent understands that the consent is voluntary and can be withdrawn at any time Withdrawal of consent is not retroactive

13. Timelines In Maine, the IEP Team must determine what (if any) additional evaluations are needed to determine if the child is a child with a disability and send a consent to evaluate form within 15 school days of the receipt of the referral.

14. Timelines In Maine, an LEA must conduct the initial evaluation and the IEP Team must determine whether the child is a child with a disability (i.e. eligible for special education) within 45 school days of receiving parental consent for the evaluation.

15. Evaluation Process Variety of tools and strategies No single procedure may be the sole criterion Decisions must be based on the data obtained through the evaluation process and made by a multidisciplinary team (IEP Team)

16. Nondiscrimination IDEA reflects concern over disproportionate representation/overrepresentation of minority children Requirement that tests be selected and administered in a non-discriminatory manner No other explanation/assistance provided

17. Meeting to Review Evaluation Data Draw on information from a variety of sources Include parent as a member of the Team Include as a member of the Team an individual who is able to interpret the instructional implications of the evaluation results No requirement that evaluator(s) be on the Team Determinations are made by the Team

18. Eligibility Be a child with a disability as defined in IDEA and MUSER: Autism, deaf-blindness, deafness, emotional disturbance, hearing impairment, mental retardation, multiple disabilities, orthopedic impairment, other health impaired, speech language impairment, specific learning disability, traumatic brain injury, or visual impairment including blindness OR Developmental delay

19. Eligibility Developmental delay is a permissive eligibility category and defined entirely by the State State sets age range, anywhere from 3-9 In Maine, DD can be used from 3-5(K)

20. Eligibility Needs special education and related services - - - - Adverse effect?

21. Mr. and Mrs. I. v. SAD #55 First Circuit decision - 2007 Adversely effects educational performance Unmodified by statute/regulation (i.e. any) Reference to State definition of educational performance Have a disability Viewed by Court as protection against over-identification Need special education and related services Not properly (or well) preserved Breadth of State definition of special education Administrative/legislative reaction

22. Substantive CF Requirements Full and individualized assessment Team decision making process using a group of knowledgeable persons including parent, professionals Results of evaluations must be connected to (lead to) intervention where appropriate Areas of need identified through the evaluation must be addressed through the child�s IEP � present level of performance, goals, special education and related services . . .

23. Reevaluations At least once every three years and Not more than once a year, unless parent and LEA agree otherwise Does not have to be the same as the initial evaluation Defined by the IEP Team

24. IEEs Parent has the right to ask the LEA for an independent educational evaluation (IEE) at public expense if they disagree with an evaluation obtained by the LEA LEA must either pay for the IEE or demonstrate through a due process hearing that its evaluation is appropriate