Evaluation & Eligibility Special Education Laws Made Simple November 2013 – Austin, Texas National Business Institu

1. Evaluation & EligibilitySpecial Education Laws Made SimpleNovember 2013 – Austin, Texas National Business Institute Presented by Sarah S. Flournoy, J.D., Ed.D. Of Counsel, West & Associates, LLP

2. 2Prong Test • Student has qualifying disability; AND, • Student requires special education services because of the disability.

3. Procedural Safeguards • Timelines • Yes to RTI and No to Discrepancy Model • Committee determination • Specific findings must be made • Eligibility Determination Report in writing • Parent right to inspect, review, and participate • Recourse to mediation or due process hearing

4. Evaluations • Necessary before providing services • Request by • Parent of a child; or, • Public agency • Collect information regarding both prongs of test; procedures used must address both • Reevaluation • At request of parent or teacher • Not more than once annually • At least every three years (unless agree otherwise)

5. EvaluationsNotice/Consent • When necessary • For initial Evaluation • For provision of services • Both must be informed and in writing • One cannot serve for both • Denial of or failure to give • Initial Evaluation: district has recourse • Provision of Services: district has no recourse

6. EvaluationsTimeline • Reasonable is five (5) days • Evaluation conducted w/in 60 days • Timeline excused if parent • Fails to present child • Removes child from district

7. EvaluationsTest and Measurement Requirements • No single assessment tool or strategy • Varietyof sources • Evaluate levels • Functional • Developmental • Academic • Any instrument used look at • Cognitive • Behavioral • Physical • Developmental

8. EvaluationsEvaluation Options and Procedures • Not the same as the determination report • Parent can disagree with district’s • Parent options • Request Independent educational evaluation (IEE) • Obtain their own EE • District options • Due process hearing on adequacy of district’s EE • Provide IEE at public’s expense • All EE considered in determination

9. EvaluationsCommon Mistakes to Avoid

10. Eligibility DeterminationsEligibility Categories • Autism • Deaf/Blind • Deafness • Hearing Impairment • Mental Retardation • Multiple Disabilities • Orthopedic Impairment • Serious Emotional Disturbance • Specific Learning Disabilities • Speech or language impairment • Traumatic brain injury • Visual impairment including blindness • Other Health Impairment

11. Eligibility DeterminationsAdverse Educational Impact • No federal definition • Part of first prong of eligibility test • Definition includes: “…that adversely affects a child’s educational performance” • Educational performance? • Holistic • Academic

12. Eligibility DeterminationsNeed for Special Education Services • Special Services in Texas • Instruction provided by professional and support by paraprofessional in regular classroom • Related services, which are developmental, corrective, supportive, or evaluative services, not instructional in nature • Based on variety of evidence

13. Eligibility DeterminationsResponse to Intervention (RTI) and Discrepancy Model • Identification • Discrepancy model • Historical • Student’s score on general intelligence quotient test compared to score on achievement test • Response To Intervention Model (RTI) • 1997 Amendments require • Research based interventions

15. Questions? Sarah S. Flournoy, J.D., Ed.D. Of Counsel, West & Associates, LLP 320 South R. L. Thornton Frwy, Suite 300 Dallas, Texas 75203 Sarah.f@westllp.com 214.941.1881