Tomball ISD Special Services Abbreviated Policies & Procedures

Tomball ISD

Special Services

Abbreviated Policies & Procedures

2017-2018

CHILD FIND

CFR §300.111, TAC §89.1011 (a)

All children with disabilities residing in the state, regardless of the severity of their disabilities, and who are in need of special education and related services, must be identified, located, and evaluated.

If a parent expresses a concern about their child’s development and their child is not school aged, TISD will follow these procedures:

Children ages 3-5 who are not enrolled in TISD go through a child find screening process. If a parent expresses a concern about their child’s development, TISD will follow these procedures:

1. Special Services PEIMS Clerk will send a Child Find packet to the parents and document information for the early childhood diagnostician.
2. Once the packet has been completed and returned to the Special Services Department, the early childhood Diagnostician will contact the parent to set up a screening based on the data collected.
3. Monthly screenings are held with a diagnostician, speech pathologist and others as needed.

Distribution logs will be maintained to document dissemination of CHILD FIND information by Tomball ISD.

Once a student enrolls in Prekindergarten or Kindergarten, the campus will follow the general education SITprocess to refer students for special education services.

***Campus staff can direct parents to Terri D’Agostino at Special Services to begin this process.

PARENT REQUESTS FOR INITIAL EVALUATION

CFR §300.301 (b), CFR §300.33, CFR §300.503 (a), CFR §300.300 (a), TAC §89.1011 (a)

A parent of a child may initiate a request for an initial evaluation to determine if the child is a child with a disability. When this request has been made,

1. The campus assessment staff will inform the Program Specialist for Assessment and Inclusion and gather needed information.
2. The request will be reviewed by a minimum of three TISD assessment personnel.
3. The Department of Special Services will assign the evaluation or provide Notice of Refusal to the parent within 15 school days from the date of the request.

REFERRAL FROM PROBLEM SOLVING TEAM

CFR §300.301 (b), CFR §300.33, CFR §300.300 (a), CFR §300.309 (c) TAC §89.1011 (a)

TBD

Initial FIE Timelines

TAC §89.1011 (c), TEC §29.004 (e)

An initial FIE must be completed within 45 school days from the date of written consent.

The following exceptions apply:

a) Absences ‐ If a student has been absent from school during that period on three or more days, that period may, with written permission from the Program Specialist for Assessment, Assistant Superintendent or Assistant Director of Special Education, be extended by the number of school days equal to the absences. (For example, if the student was absent 10 days, the 45 school days would be extended to 55 school days).

b) EE or Private School ‐ For students under 5 years of age by September 1 and not enrolled in public school and private or home school students the initial FIE must be completed no later than the 45th school day following the date on which the school district receives written consent.

c) Consent obtained 35‐44 school days from last instructional day ‐ If consent is obtained at least 35 but less than 45 school days before the last instructional day of the school year, the evaluation must be completed and report provided to the parent/guardian no later than June 30th of that year. Then the ARD committee shall meet no later than the 15th school day of the following year to consider the evaluation.

d) Consent obtained 35‐44 school days from last instructional day but student is absent more than 3 days – , that period may, with written permission from the Program Specialist for Assessment, Assistant Superintendent or Assistant Director of Special Education be extended by the number of school days equal to the absences.

e) Consent obtained less than 35 school days from last instructional day – School days from the date of consent will be counted through the last instructional day of the school year and pick up again on the first day of the school year to complete the evaluation.

f) Children referred from ECI continue to follow the three is three guidelines. If consent is obtained, the child must be evaluated and services (if deemed necessary) provided by the child’s third birthday.

*The ARD must be held within 30 days of the date of the report with the only exception being “c “ above in which the ARD must be held within 15 school days of the following year. This ARD should be scheduled well in advance to prepare for any needed re‐schedules or unforeseen events.

MEDICAL REVIEW REQUIREMENTS

(TISD Procedure)

If a parent is unable to pursue medical review required for completion of an evaluation due to financial constraints please contact Special Services.

CONSULTATION/SCREENINGS

TAC §89.1011 (a), TEC §26.0081 (c)

Purpose of a Consultation

A consultation can be requested through the ARD/IEP committee or the Student Intervention Team (SIT) for several reasons. Most importantly, the student must demonstrate an educational need for the consultation to take place (i.e., multiple failing grades for one or more grading periods, significant impairment in student’s functioning at school and home, excessive absences). The following are some typical reasons for a consultation:

1. Assist the teacher and/or parent with a student with ongoing behavioral issues by providing behavioral interventions in the school and/or home setting;
2. Assist the teacher and/or parent with recommendations for a student struggling with fine/gross motor skills in an educational setting;
3. Assist the teacher in accessing assistive technology for Universal Design for their classroom;
4. Provide feedback to teachers and/or parents regarding speech and language strategies for a student;
5. Provide feedback to school staff regarding the need for additional support of a student.

Purpose of a Screening

A screening can be requested through the Student Intervention Team (SIT) or through Child Find. Most importantly, the student must demonstrate an educational need for the screening to take place (i.e., multiple failing grades for one or more grading periods, significant impairment in student’s functioning at school and home, excessive absences). A screening is requested to determine if further assessment is necessary (e.g., counseling as a related service evaluation, psychological evaluation, speech/language evaluation, etc).

Steps for Consultation/Screening Request

1. Determine if there is a need as stated in the previous section regarding consultations/screenings. Teachers should have had at least 6 weeks of contact and instruction with a student prior to requesting a consultation/screening (i.e., excluding circumstances that would be considered an emergency or speech conerns).
2. Clearly define the objective of the consultation/screening. If the consultation is being requested from a SIT committee meeting, several weeks of intervention strategies should have been employed with fidelity and documentation provided on Tier 2 or Tier 3 documentation forms.
3. The appropriate assessment personnel should be consulted prior to the time that a consultation/screening is requested.
4. Obtain consent for consultation/screening.
5. Complete the “Add’l Assessment/Consultation Tracking Form” and return to the PEIMS clerk at the office of Special Services.

Completion of a Consultation/Screening

Consultations/Screenings should be completed at a SIT or ARD meeting within 20 school days of the signed informed consent.

MEMBERSHIP OF THE ARD COMMITTEE

CFR §300.321, TAC §89.1050 (c), TEC §89.1230(b)

In accordance with Federal and State Laws, the following members should be included in each ARD meeting:

1. The parents of the child;
2. Not less than one general education teacher of the child (if the child is, or may be, participating in the regular education environment);
3. Not less than one special education teacher of the child, or where appropriate, not less than one special education provider of the child;
4. Local Education Agency Representation – Campus Administrator or Designee;
5. Evaluation Personnel;
6. At the discretion of the parent or Tomball ISD, other individuals who have knowledge or special expertise regarding the child;
7. Direct/Related services personnel (OT, PT, O&M, APE, CTVI, AI, LSSP, Behavior Specialist);
8. LPAC rep, if the student is identified LEP;
9. CTE rep, if the student has CTE classes or CTE classes will be discussed and considered;
10. To the extent appropriate, with the consent of the parents or a child who has reached the age of majority, in implementing the requirements of paragraph (b)(1) of this section, Tomball ISD must invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services;
11. For a student with a suspected/documented visual impairment, a Certified Teacher of the Visually Impaired must be present.
12. For a student with a suspected/documented auditory impairment, a certified AI teacher must be present.
13. When appropriate, the child with a disability.

NOTE: The determination of the knowledge or special expertise of any individual invited to participate must be made by the party (parent or TISD) who invited the individual to participate as a member of the ARD/IEP team.

PARENT PARTICIPATION

CFR §300.322 (a), CFR §300.501 (b), TAC §89.1050 (d)

The Tomball Independent School District must take steps to ensure that one or both of the parents of a child with a disability are present at each ARD/IEP Team meeting or are afforded the opportunity to participate, including:

1. Notifying parents of the meeting early enough to ensure that they will have an opportunity to attend; and
2. Scheduling the meeting at a mutually agreed on time and place.

A meeting may be conducted without a parent in attendance if TISD is unable to convince the parents that they should attend. In this case, TISD must keep a record of its attempts to arrange a mutually agreed on time and place.

Three (3) Attempts

After the first Notice of ARD meeting is provided, if the parent does not respond, TISD will document and send a second Notice of ARD. Again, if the parent still does not respond, a third Notice will be sent in an attempt to get parental participation. After 3 attempts using multiple modalities (with the first notice sent out 15 days prior to the date) and no response or no attendance, TISD may go forward with the ARD Meeting as scheduled. The first attempt MUST be in written form, the second should also be in writing as well as a follow-up phone call attempting to talk with the parent. The third attempt may be a visit or correspondence with the parents’ place of employment or home. All dates of scheduling attempts and personnel initials must be documented on the Notice of ARD form.

Non English Speaking Parent

If the child's parent is unable to speak English, the TISD shall:

1. Provide the parent with a written or audio-recorded copy of the child's individualized education program translated into Spanish if Spanish is the parent's native language; or
2. If the parent's native language is a language other than Spanish, make a good faith effort to provide the parent with a written or audio-recorded copy of the child's individualized education program translated into the parent's native language.
3. These discs will be given to the parent at the ARD/IEP meeting and will also be sent to Special Services to be filed in the child’s audit folder.

SURROGATE PARENTS

CFR §300.30 (a), CFR §300.519 (d), CFR §300.519 (h), TAC §89.1047 (a), TEC §29.015 (b)

Surrogate parents

Tomball Independent School District must ensure that the rights of a child are protected when:

1. No parent can be identified;
2. The TISD, after reasonable efforts, cannot locate a parent;
3. The child is a ward of the State under the laws of that State; or
4. The child is an unaccompanied homeless youth as defined in federal and state regulation.

The duties of TISD include the assignment of an individual to act as a surrogate for the parents.

This must include a method:

1. For determining whether a child needs a surrogate parent; and
2. For assigning a surrogate parent to the child.

***Contact the Assistant Superintendent of Student Support to have a surrogate parent assigned.

ADULT STUDENT

CFR §300.520 (a), CFR §300.625 (c), CFR §300.519 (h), TAC §89.1049 (a), TEC §29.017 (a)

1. In accordance with federal and state regulation, beginning at least one year before a student reaches 18 years of age, the student's individualized education program (IEP) must include a statement that the student has been informed that, unless the student's parent or other individual has been granted guardianship of the student under the Probate Code, Chapter XIII, Guardianship, all rights granted to the parent under the Individuals with Disabilities Education Act (IDEA), Part B, other than the right to receive any notice required under IDEA, Part B, will transfer to the student upon reaching age 18.

1. After the student reaches the age of 18, the TISD shall provide any notice required under IDEA, Part B, to both the adult student and the parent.

***This also applies to any students who are incarcerated or attending non-public day placements.

CONSENT TO EXCUSE MEMBER FROM ATTENDING ARD COMMITTEE MEETING

CFR §300.9, CFR §300.321 (e), CFR §300.519 (h), TAC §89.1049 (a), TEC §29.017 (a)

A required member is not required to attend an ARD committee meeting (in whole or part) if the member’s area of the curriculum or related services is not being modified or discussed in the meeting and the following conditions are satisfied:

1. The parent and the LEA agree:
2. The member’s attendance is not necessary; and
3. The member’s area of the curriculum or related services is not being modified or discussed in the meeting; and
4. The parent’s agreement is in writing.
5. The Excusal is documented on the “ARD member not required to attend ARD meeting” screens in ESPED within Notices.

Also, when a required member’s area of the curriculum or related services is not being modified or discussed in the meeting, the required member may be excused from attending an ARD committee meeting (in whole or in part) if the following conditions are satisfied:

a. The parent and the LEA consent to excuse the member from the ARD meeting AND

b. The parent’s consent is in writing AND

c. The member submits in writing to the parent and the ARD committee input into the

development of the IEP prior to the meeting.

d. The Excusal is documented on the “ARD member not required to attend ARD meeting”

screens in ESPED within Notices AND the input from the member being excused is

documented within the ARD Committee Minutes.

Exception: Tomball ISD Special Services procedures will not allow the administrative representative, general or special education teacher to utilize the ARD/IEP excusal process or partial attendance process as they are considered essential personnel in the ARD/IEP meeting. This process may be utilized for related service personnel (provided evaluation is not being addressed), assessment personnel (after assessment has been reviewed), or other support staff.

EXAMPLES OF TYPES OF ARD MEETINGS IN TISD

Annual ARD, Revision/Brief ARD, Amendments – (see handout “ARD vs. Amendment to ARD/IEP Analysis”)

PRESENT LEVELS OF ACADEMIC ACHIEVEMENT AND FUNCTIONAL PERFORMANCE (PLAAFP)

CFR §300.320 (a)

The ARD/IEP committee is required to provide a statement of the child’s present levels of academic (social, behavioral, communication, health, and transition) achievement and present levels of functional performance. A PLAAFP describes how the student’s disability affects participation and progress in the general education curriculum. . A PLAAFP states the students:

1. Strengths
2. Area(s) of Concern – The baseline data describe where the student currently is, without specialized instruction. The data used in the PLAAFPs should be the same as the baseline data identified in the IEP goals.
3. The effect that the Area(s) of Concern has on the student’s involvement and progress in the general education curriculum (justification as to why the student needs special education intervention).

BEHAVIOR INTERVENTION PLAN

CFR §300.530 (f)

A Behavior Intervention Plan (BIP) is a written plan developed from data collected in a Functional Behavioral Assessment (FBA) to address behavioral concerns impeding on a student’s learning and/or that of others. The format of the BIP in Tomball ISD includes three categories: the targeted behavior, function of the behavior, and functional replacement behavior. In addition, strategies and interventions are provided to help the student be more successful in their environment.

Behavior Intervention Plans are intended to address significant behaviors (i.e. physical aggression, verbal aggression, threatening behaviors, self-injurious behaviors) which adversely impact a student’s performance.

LEAST RESTRICTIVE ENVIRONMENT

Placement

IDEA §300.114 - IDEA §300.120

Tomball ISD will, to the maximum extent appropriate, assure that children with disabilities, are educated with children who are nondisabled and special classes, separate schooling, or other removal of children with disabilities from the regular environment occurs only if the nature of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactory.

L.R.E. Questions the ARD Committee May Discuss

IDEA §300.114, IDEA §300.115, IDEA §300.116

The following are points for discussion and documentation as an ARD committee determines the appropriateness of the Least Restrictive Environment for a student with disabilities. {Based on Daniel R.R. v. State Board of Education, 874 F.2d 1036(5th Cir. 1989)}

1. Can education in the general classroom, with the use of supplementary aids and services be achieved satisfactorily for the student?
2. Has the TISD taken steps to accommodate the student with disabilities in the general classroom?
3. Did the district provide accommodations?
4. Did the district provide supplementary aids and services?
5. Are the services provided sufficient?

Note:

1. Is the student making meaningful progress?

1. Will the student receive an educational benefit from general education?

1. Can the student grasp the TEKS curriculum elements of the general education curriculum?
2. Consider and document the nature and severity of the student’s disability in relation to receiving educational benefit from general education.

1. Examine the student’s overall educational experience in the mainstreamed environment balancing the benefits of general and special education for each individual student.
2. What effect does the presence of the student with disabilities’ have on the general classroom environment and thus on the education that the other students are receiving.
3. If education in a general classroom cannot be achieved satisfactorily, determine whether the student has been mainstreamed to the maximum extent appropriate for that student.
4. Determine if all academic and non-academic classes in general education with nondisabled peers has been considered or tried.
5. Determine if mainstreaming for lunch, recess, or other times has been considered.

REACHING CLOSURE AND CONSENSUS