CHAPTER 18: ELIGIBILITY PROCEDURES FOR SPECIAL EDUCATION SERVICES

1. The Eligibility Committee (IEP TEAM)- Also called the IEP COMMITTEE, COMMITTEE ON

SPECIAL EDUCATION. They are the ones responsible for the identification of children with disabilities within the district and recommending appropriate education at public expense for students identified as having difficulties.

Member of the Eligibility Committee

The eligibility committee is usually made up of members mandated by IDEA 2004 and assigned members whom board of education deems necessary. Consistent with IDEA 2004 regulations, these members must include:

1. The parent of the child with a disability.2. Not less than one regular teacher of such child.3. Not less than one special education teacher of such child.4. A representative of the school who is qualified to

supervise the provision of specialeducation and is knowledgeable about the general curriculum.

5. An individual who can interpret the instructional implications of the evaluation results.

6. The child7. A school physician8. An additional parent or member of the family upon

request9. Other individuals who have knowledge and special

expertise about the student

Responsibilities of the Eligibility Committee

DURING THE INITIAL ELIGIBILITY MEETING

1. Following appropriate procedures and taking appropriate action for the child with suspected disability.

2. Determining the suitable classification for a child with suspected disability.

3. Reviewing and evaluating all relevant information that may appear

4. Determining the LRE5. Finalizing the child’s IEP

AFTER THE CHILD IS CLASSIFIED

6. Annual review of the child’s status7. Evaluating the adequacy of programs, services and

facilities for the child.8. Maintaining ongoing communication with parents.9. Advising the board of education to the status of the

child10. Triennial review

DEVELOPING THE INFORMATION PACKET FOR THE ELIGIBILITY COMMITTEE

Once the MDT has considered all the information and completed the evaluations, intakes assessments and so on, team members need to prepare the necessary information packet that will be presented to the district’s eligibility committee for review of the case for possible classification and special education programs and services. This eligibility committee packet is a crucial part of the special education process because most of the committee members will not be familiar with the child.

The team usually assigns a CASE MANAGER, an individual whose responsibility is to gather, organize and forward the packet to the eligibility committee.

The following section of the chapter presents an example of what the case manager may need to forward to the eligibility committee.

REQUIRED FORMS

1. Initial referral to the MDT from school staff. The child study team fills out this form when the team suspects that the child being reviewed may have an educational disability.

2. Initial referral to MDT from parent/guardian. This form is filled out with parents as they make the referral for assessment to the MDT for a suspected disability, which is part of the due process rights.

3. Assessment plan and parent consent. This plan and form must be signed and dated by a parent prior to evaluation and part of the parents due process rights.

4. SOCIAL HISTORY FORM: This form is the result of a recent parent intake and provides the most recent pertinent background informational on the child.

5. MEDICAL REPORT FORM: This is usually filled out by the teacher or school nurse and includes the latest medical

information on the child within the last year that may be related to the child’s learning problems.

6. CLASSROOM OBSERVATION FORM: This form is the result of an on-site visit observation by some members of the child study team.

EVALUATION (INITIAL REFERRAL)

1. Psychological: A full psychological evaluation is required, including all identifying data, reason for referral, background and developmental history, prior testing results, observations, test administered, test results, conclusions and recommendations.

2. 2. Educational: An educational evaluation is required, including identifying data, reason for referral, academic history, prior testing results, observations, test administered, test results, conclusions and recommendations. This reports should identify achievement strengths and weaknesses.

3. Speech/ Language: A speech and language evaluation including identifying data, reason for referral observations, test administered, test results, conclusions and recommendations should be included if applicable. A description of the severity of the language deficits should be also included and if possible, the prognosis.

4. Vocational: A copy of the child’s Differential Aptitude Test results or other measures of vocational aptitude should be included if applicable.

5. Other (occupational therapist, physical therapist, ESL reading): From time to time, parents or the school will have a variety of reports from outside agencies, such as medical, neurological, psychiatric, occupational therapy.

OTHER MATERIALS1. SPAM NEEDS (Social, Physical, Academic and Managements).

In some states and school districts, a working drafts copy of the child’s needs should be included in the eligibility packet. These needs will provide the committee requirements under which the child may learn best.

2. DRAFT IEP INCLUSING GOALS AND OBJECTIVES. In some states and school districts, a working draft copy of the IEP is prepared prior to the eligibility meeting.

3. TESTING MODIFICATIONS WORKSHEETS. This worksheets outlines the suggested test and classroom modifications

being suggested and the supporting data for such recommendations.

PRESENTATION OF THE EVALUATION COMMITTEE BY THE SPECIAL EDUCATION TEACHER AS EDUCATIONAL EVALUATOR

Presentation of the test result:

1. Many school district will ask that you must meet with the parents and go over results.

2. Make sure that you have your report complete.3. Outline the important points of the report prior to the

meeting that you with to make.4. Report the strengths and weaknesses.5. Everyone should have copies of your report.6. Keep it brief and highlight the important issues.7. Set enough time for the meeting.8. Prepare to answer questions about your findings or

some aspect of the report.

CLASSIFICATION OF RECOMMENDATIONS OF THE EVALUATION COMMITTEE

After identifying the educational disability of the child the concept of LRE applies to the placement of students in most advantageous educational placement that they needed.

LRE PLACEMENT CONSIDERATIONS ACCORDING TO IDEA 2004

Requirements involving least restrictive environment (IDEA 2004):

1. School districts must consider any potential harmful effect on the child or on the quality of services that he or she needs.

2. A students with disability may not remove from education in age-appropriate general education.

3. LRE requirements apply to both nonacademic and extracurricular activities.

IDEA 2004 regulations also indicate that:a. The determination of an appropriate placement for a child

requires careful consideration.b. If a student is behavior in the general education

classroom, even with the provision of appropriate

behavioral support, would significantly impair the learning of the others that placement would not meet her needs and would not be appropriate for that child.

PLACEMENTS THAT RANGE IN LEVELS OF RESTRICTION

1. GENERAL EDUCATION PLACEMENT – it is the least restrictive placement for all children.

2. INCLUSION CLASSROOM – involves the maintenance of the child in a general education classroom assisted by the presence of a certified special educator.

3. GENERAL EDUCATION PLACEMENT WITH CONSULTING TEACHER ASSISTANCE – the child remains within the class, even though he/she is receiving services, this placement is considered as the next LRE setting.

4. GENERAL EDUCATION PLACEMENT WITH SOME SUPPORTIVE SERVICES – may be used for students with mild disabilities who require supportive services but can remain in the general education class.

5. GENERAL EDUCATION PLACEMENT WITH RESOURCE ROOM ASSISTANCE – is usually provided for students who need supportive services but can successfully remain within the general education curriculum.

6. GENERAL EDUCATION PLACEMENT WITH ITENERANT SPECIALIST ASSISTANCE – these services are usually provided for students when disability is such that the district wishes to maintain the child in the district.

7. SPECIAL CLASS PLACEMENT WITH PART TIME IN THE GENERAL EDUCATION CLASS – is for students who need more restrictive setting for learning, behavioral, or intellectual reasons and cannot be successful in a full-time general education class.

8. FULL-TIME SPECIAL CLASS IN A GENERAL EDUCATION SCHOOL - is viewed as the LRE setting for students whose disability does not permit successful participation in any type of general education class setting.

9. LOCAL SCHOOL DISTRICT- a child is placed here depending on the severity of the disability.

10. NEIGHBORING SCHOOL DISTRICT – a child is placed here if they cannot be provided within the child’s home district.

11. COOPERATIVE EDUCATIONAL SERVICES – usually set up by your state to assist local district with the student population.

12. HOME/ HOSPITAL SETTINGS – there may be times when a child needs temporary instruction at home or in a

hospital setting due to severe illnesses indicated on the IEP.

13. PRIVATE APPROVED SCHOOLS – students placed in such facilities have such diverse needs that the home school district may not be able to service them due to the severity of their medical, physical, mental, or emotional needs.

DEVELOPING THE IEP

During the meeting, the eligibility committee, along with the parent, should finalize the various components of the child’s IEP. This final draft document will then be mailed home along with the minutes of the meeting. The parent’s rights, and other necessary form for their approval.

SPECIAL MEETINGS OF THE ELIGIBILITY COMMITTEE

Reasons for such a meeting are:

1. Change in a child’s IEP2. Change in a child’s program3. Declassification request4. Addition or deletion of a modification5. Parental request for an eligibility committee meeting6. Disciplinary concerns7. New student to district previously identified or

disabled8. Referral from the building administrator

PRESENTATION TO THE EC: THE SPECIAL EDUCATION TEACHER AS CLASSROOM TEACHER

Special education teacher should consider the following:

1. The first thing you should do when you receive a request to participate at a meeting is to find out the reason for the meeting.

2. Once you know why the meeting will be held, organize yourself so that you will have information in front of you.

3. You should be well prepared to answer any questions.4. Try not to be defensive, even if the reason for the

meeting is the parent concern over the child’s placement in your class.

THE ANNUAL REVIEW

Eligibility committee is required to review the existing program of a child with a disability each year.

During this process, the eligibility committee will make recommendations upon review of records that will continue, change, revise, or end the child’s special education program.

Based on these findings, the eligibility committee will make adjustments to the IEP and recommendations to the board of education.

After the annual review, the parents will receive another notice regarding the recommendation that has been made to the board of education.

A copy of their child’s IEP will be sent to them indicating that their child has been recommended to continue to receive special education.

The notice will also explain all factored used to make the recommendation.

Again, the notice will describe the parent’s due process rights.

SUGGESTIONS FOR THE SPECIAL EDUCATOR’S PARTICIPATION IN THE ANNUAL REVIEW

Suggest ways to meet the child’s proposed goals and objectives as specified in the IEP.

Discuss changes or additions for the child’s upcoming program services.

Present the areas in which the child showed success and significant progress.

Discuss high school diploma and credential options, if applicable.

Review problems When the child is 13, you should begin to consider plans for

occupational education and transition services.

THE TRIENNIAL REVIEW

A child in special education will have a triennial review (evaluation) every three years to provide current assessment information to help determine his/ her continued placement in special education. At his triennial evaluation, updated information is provided through reexamining many of the areas previously tested in the initial evaluation. The results of this evaluation, usually conducted by school officials, must be discussed at an eligibility committee meeting.

DECLASSIFYING A CHILD IN SPECIAL EDUCATION

The rationale for declassification is as follows:

The child demonstrates effective compensatory skills. The student no longer exhibits difficulty in classroom (no

classroom impact or performance) despite a process deficit and discrepancy.

The students no longer exhibits difficulty in the classroom (performance) or a process deficit (no classroom impact) despite a discrepancy between ability and achievement.