Eligibility Decisions are Not Always Easy

January 1st, 2013  

There are situations where teams must take into consideration student concerns that may or may not seem disability related when making eligibility determinations. Some of these include student absences, illegal activity and seeming willful misconduct. Here are some tips for guidance.

 Absences:  Clearly document any evidence that the absences are not caused by the student’s educational disability. Meet with the team to determine if absences are caused by or have a direct relationship to a disability. Excessive absences do not automatically “disqualify” a student from being considered for eligibility for special education services.  **Absences of an already identified student should trigger an IEP meeting possible amendment—call in the team if they are chronic.

 Illegal activity:  Clearly document any evidence that the student is engaging in illegal drug activities or other illegal activities. Should be considered as you look at the student’s overall conduct within the school setting.

 Misconduct:

  Look for and clearly document examples of the student being able to control his/her actions. Does the student have behavior issues ONLY in certain classes? Can the student control his/her behavior during football or other sports’ seasons? Does the student control his/her behavior prior to preferred activities (field trips, class parties, etc.)?

  Look for and clearly document evidence of forethought and planning prior to the misconduct. Did the student clearly plan the execution of the misbehavior? Did the student tell others that he/she was going to engage in misconduct prior to the event? Was it necessary for the student to purchase or otherwise obtain materials in order to engage in the misbehavior?

  Look for and clearly document evidence of deliberate, volitional and willful misbehavior (e.g., student’s statements to others before/ after incidents of misconduct).

**Just because a student may be eligible under Emotional Disturbance doesn’t mean that everything they do is caused by the disability. Look at why the student is eligible under Emotional Disturbance.

 Other:

  Clearly delineate between “social maladjustment” and “emotional disturbance” in making eligibility determinations. Your school psychologist will do this with all of the data gathered from team members.

  Clearly distinguish between “disability” and “disorder or impairment” in making eligibility determinations—particularly when determining if eligible for IDEA or 504.

  Consider any additional evaluations that are offered by the parent to determine if the student is qualified under any other eligibility categories. Always consider evaluations that parents bring in to the school and document that they have been reviewed and how the team will use them.

  Don’t allow your temper or judgments to cloud your focus! Kids first!

Each eligibility decision is based on the individual’s needs. It is important to remember that what is willful for one student may uncontrollable for another. This is what makes these decisions difficult.  That is why you have a team!

Jacobs, M. (2013, January). Eligible or Not? Potential “Rule-Out Factors Under the IDEA and Section 504. Presented as a webinar for LRP Publications.

Changes to Sped Main Screen – Highlighting Referrals at 45 Days

October 30th, 2012  

The main screen on the special ed database will now highlight students who have been in the special ed referral process for 45 days or more.  The timeline in KPBSD is 75 calendar days from the date that consent to evaluate is obtained, to the date that the ESER and IEP must be complete.

Keep in mind that the date consent is signed, counts as the first day in the 75 day count—even if the consent form is signed at 5:00 pm

Snapshot of student list on main page of IEP database

 

 

 

 

 

 

 

 

 

This is meant to give case managers a heads up as the 75-day deadline approaches, to ensure that you have plenty of time to get a date set for your ESER/IEP meeting and complete the process within the required time frame.

The system will also highlight referrals who are missing either of the consent dates on the “Referral Info” screen.  If one of your students is highlighted, and you feel you are still under 45 days, please double check to make sure that both consent dates have been entered into the database (see below).

Snapshot of Consent dates in IEP database

Adding Services to IEPs

October 1st, 2012  

The PLAAFP, Summary of Services, and Goals and Objectives must be aligned with the needs and recommendations outlined in the ESER.  (The State Compliance Monitors identified this as an area we need to address).

 If the student has need of adding any SPED service that is not yet documented in the ESER, then the student must be evaluated specifically for that need/service. The student’s needs and recommendations from the evaluation may then be added to the ESER. This applies to all areas of service.

Examples: 

 A student cannot have only articulation/language needs and recommendations within the ESER and receive any other SPED services in the IEP

 A student cannot have only math needs and recommendations within the ESER and receive services in the IEP, for reading, writing, articulation/language, OT or other SPED services

 A student qualified for special education in writing and the needs/recommendations section of the ESER only addresses writing, you cannot write goals and objective in areas outside of writing.

 

If there is a need to add services but not change the eligibility category at this time:

 The team must collect the data to show the education need for the service.

 A permission to test is needed if new assessments are required

 A permission to test would not be needed if looking at progress monitoring data that has been collected (note, we cannot add related services using only progress monitoring data)

 The team will hold an IEP Amendment Meeting (unless this additional falls in line with an annual review) and amend the ESER to include a new individual evaluation report that addresses the educational need for the new service. **It would be best practice to hold a meeting rather than using the “without meeting” option of the amendment.

* The amended ESER will list the new area of service(s) in the “Education Needs” section.  **The team will NOT change the ESER date.

* The ESER and the PLAAFP will include all areas of needs that are on the Summary of Services.

* Goals and objectives will be written to address the new area of service.

* An IEP amendment form will be completed with a change noted in goals/objectives and in type/or amount of service.

* The changes will be documented on a PWN.  The changes to both the ESER and the IEP can be documented in a single PWN as long as all changes are clear for both areas.

 

April 2012 FAQs

April 1st, 2012  

Q:  I keep getting reminded that I need to include more on the PLAAFPs. Where do I find the info I am being asked to include?
A: Information for all areas of the PLAAFP needs to be gathered from a variety of sources. You will get a lot of the information from your ESER, if the evaluation was held recently. If not, some of that information may still be relevant, but you will also need to get information from a variety of other sources, i.e. SBA or HSGQE scores, your IEP team members, curriculum based measures and classroom assessments, IEP progress reports, etc.

Please review December’s newsletter and ask your program coordinator if you have any questions!! And remember:  At each annual review, the PLAAFP must be updated with the student’s current information! 

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Q: What is the 45-day timeline from consent to ESER?
R: The day that parents sign consent for any evaluation, a 45-school day timeline begins. The team has 45 school days from the date consent is signed to the date of the determination of eligibility. The 45 schools days must be counted carefully from the date of consent to the date of the meeting to determine eligibility (ESER). Remember to count only school days. **Note: Ideally all individual evaluation reports will be completed and available to the team, including the parent, prior to the meeting—around the 30 day mark of the timeline.

There have been several situations in the past few weeks where the timeline has been miscalculated result ing in timelines that are past due. Be sure to count and recount!

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Q: Why does it feel like the paperwork that I turn in is being “nit-picked”?
R: The paperwork that is kept in the district office is a student’s official educational record. The file must be maintained with a high level of professionalism. Documents contained therein cannot have spelling errors, incorrect dates, white-out, crossed out dates and words, etc. If you think about it, as educators, would we accept work from our students that had those kinds of errors?

Here are some things to be extra watchful of in regards to the signature cover page:

–  Ensure that you have the correct student’s cover page at your IEP meeting.
–  Once you print it, check that ALL dates at the top of the page are correct and match the meeting date.
–  Check that you have secured the parent signature on all applicable lines and boxes.

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