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Eligibility

This policy letter outlines the process for determining eligibility for special education under IDEA regulations. It emphasizes the importance of analyzing intervention and assessment data from multiple sources to make informed decisions about a child's eligibility. Triangulation of data is necessary to increase the credibility and validity of results. The letter also provides resources for further guidance on special education eligibility.

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Eligibility

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  1. Eligibility ARC Chairperson Training

  2. Interventions Special Education Cycle

  3. DLS Policy Letter 2010-11 • The Division of Learning Services (DLS) issued Policy Letter 2010-11 on IDEA eligibility in August 2010

  4. Appropriate InstructionDetermining Eligibility Upon analysis of intervention and assessment data, the ARC shall determine whether the child is a child with a disability 707 KAR 1:310 §1(1)

  5. Eligibility Reviewing the complete evaluation to determine if the child has an educational disability that adversely affects (has a negative impact on) the educational performance of the child

  6. Decisions are based on… Data Documentation Analysis

  7. ARC reviews all data: • Multi-Disciplinary Evaluation Report, • Evaluation Report(s)/Diagnostic Instruments, • Behavior Observations, • Social Developmental History, • Adaptive Behavior Assessments, • Rating Scales, • Classroom-based observations

  8. Eligibility Determination Parent Input.. ARC reviews and discusses evaluation and information brought by the parent(s) or completed by the parent(s).

  9. 707 KAR 1:310Section 1 (3) In making eligibility determinations, an LEA shall draw upon information from a variety of sources. . .

  10. 707 KAR 1:310Section 1 (4) An LEA shall ensure that information obtained from these sources as appropriate for each student, is • documented, and • carefully considered.

  11. IDEA Eligibility cannot stand on one piece of evidence. Information regarding student eligibility must be triangulated.

  12. Purpose of Triangulation of Data To increase the credibilityandvalidityof results • E.g., multiple data sources substantiate the existence of a disability

  13. 707 KAR 1:300Section 4 (9) Asingle procedure shallnotbe used as the sole criterionfor determining whether a child is a child with a disability and for determining an appropriate educational program for the child

  14. Data Triangulation TIME PERSONS SPACE

  15. Data Triangulation When different methodsof evaluation - taking place in. . . • varied settings, by • multiple evaluators, at • different times . . . lead to the same results, an ARC can be confidentin its eligibility determination.

  16. In consideration of ALL DISABILITIES Question 1 Question 2 Question 3 Is it due to lack reading or math instruction? Is it due to Limited English proficiency? Is there an adverse effect on educational performance?

  17. Regulations: Child With a Disability A child with a disability is defined as a child who, after appropriate evaluation, meets the criteria for one of the thirteen disabilities of IDEA

  18. Regulations: Child with a Disability • Autism • Deaf-Blindness • Developmental Delay • Emotional-Behavior Disability • Hearing impairment • Mental Disability (mild, moderate) • Multiple Disabilities • Orthopedic Impairment • Other Health Impairment • Specific Learning Disability • Speech or Language Impairment • Traumatic Brain Injury • Visual Impairment

  19. Adverse Effect Means that the progress of the child is impeded by the disability to the extent that the educational performance is significantly and consistently below the level of similar age peers. 707 KAR 1:280 Section 1 (2)

  20. Adverse Effect The important concepts within the definition are: • Progress is impeded by the disability • Educational performance is below similar age peers, both -Significantly and -Consistently

  21. Affected Areas May Include: • social interaction • behavior • emotional development • academic performance • vocational performance • participation in classroom activities and discussions

  22. Is there a need for Special Education?

  23. 3 Prongs to Special Education Eligibility 3. Requires SDI 1. Verified Disability 2. Document Adverse Effect

  24. KDE Resources www.education.ky.gov • Eligibility Policy Letter and Webinar • Guidance Document for IEP Development • IEP and Lesson Plan Development Handbook • KSI/RtI document and resources • SLD Eligibility Guidance Document • Collaborative Teaching Practices Q and A • Restraint and Seclusion Q and A • Compliance Record Review Document (updated annually) • KSIS Data Standards http://education.ky.gov/districts/tech/sis/pages/ksis-data-standards.aspx • Disability is not Eligibility, Janna Osman, M.Ed., 2005

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