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.

Amending an ESER to Add a Service

December 1st, 2012  

Amend ESER

**Sometimes this process is best captured as a three-year reevaluation.  If you have questions or concerns, contact your program coordinator.**

Do NOT amend the ESER to do the following:

  Change a student’s eligibility category – this requires a complete evaluation.

  Remove a related service – we do not reverse what has already been identified as a need.

  Remove an educational need or change a recommendation. The IEP is the fluid document that describes the student’s current level of functioning.

 

More Collaborative IEP Meetings this Year!

November 1st, 2012  

In the spirit of collaborative, amicable and efficient IEP meetings (and the new part of the sped teacher evaluation), here are some tips. “IEP team leaders need to run their meetings in a way that gives everyone an equal opportunity to participate in and understand the proceedings. [They] also need to foster a climate of respect and trust,” Eric Hartwig, administrator of pupil services for Marathon County Schools, Wisconsin.

 

1. Don’t tolerate personal attacks. School staff and parents can be demeaning or confrontational when they are angry or frustrated. For example, a parent may turn a discussion about the child’s speech/language services into a discussion about whether the provider is qualified. Personal attacks against parents are most likely to be critiques of their parenting skills. Always intervene and shift the conversation back to the student’s needs. Realize that it is permissible to call for a break if a staff member or a parent needs to be spoken with one-to-one.

2. Don’t allow parents to pick and choose. “There should never be an IEP that says, ‘We didn’t do this because the parents didn’t want it,’” said Hartwig. “If the child needs something, you have to find a way to get it to him.”

3. Do summarize reports, evaluations.  In some meetings, evaluators go on for hours regurgitating every piece of data from a test or evaluation. Parents want to know what the information means for their child in an easy to understand, meaningful way.

4. Do instruct staff on how to talk about disabilities.  Demonstrate professionalism and compassion. Ask that staff avoid any language that may be interpreted as offensive, derogatory, or negative.

5. Don’t let staff members leave during the meeting.  Parents may believe that they don’t have the full attention of all the team members, while team members who miss out on parts of the meetings may not understand why certain decisions were made.

Source: Special Ed Connection®. Copyright 2012 by LRP Publications, P.O. Box 24668, West Palm Beach, FL 33416-4668. All rights reserved. For more information on this or other products published by LRP Publications, please call 1-800-341-7874 or visit our website at www.shoplrp.com/special_ed.html.