The Power of Alignment

Alignment of Data, Documentation, Decisions, and

Delivery in Special Education and Medicaid

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This information is provided for educational purposes only to facilitate a general understanding of the law or other regulatory matter. This information is neither an exhaustive treatment on the subject nor is this intended to substitute for the advice of an attorney or other

professional advisor. Consult with your attorney or professional advisor to apply these principles to specific fact situations.

Overview of Session

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Attendees will discuss alignment requirements and best practices in serving Special Education. Special attention will be focused on Child Find/Identification, Evaluation, and Overall IEP Requirements bringing in PLAAFP, Service Decisions, Medicaid Alignment, Delivery of Services and Direct Delivery Documentation. Real world examples will be shared to tie each area into practical steps to support compliance.

Road Map of Alignment

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DataDocumentationDecisionsDelivery

The Big Picture

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History of Special Education

• Section 504 of the Rehabilitation Act of 1973 • P.L. 94-142, Education for All Handicapped Children Act of 1975• P.L. 94-457, Infants and Toddlers with Disabilities Act of 1986• Americans with Disabilities Act (ADA) of 1990• P.L. 101-476, Individual with Disabilities Education Act (IDEA) of 1990• P.L. 105-17, Individuals with Disabilities Education Act Amendment of 1997 • P.L. 108-446, Individuals with Disabilities Education Act Amendment of 2004

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1. Free and Appropriate Public Education (FAPE) with Zero Reject

2. Child Find & Appropriate Evaluation

3. Individualized Education Plan

4. Least restrictive environment

5. Parent participation

6. Procedural Safeguards & Due Process Rights

7. Service Delivery & Progress Monitoring

Seven Principles of IDEA

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Child Find

Referral

Evaluation

EligibilityIndividualized

Education Plan (IEP)

Services

Annual Review

Guiding Steps of Special Education

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Statement of Intensive Program/Accelerated Instruction (if applicable) District wide assessmentLRE Service AlternativesEducational Experience

LRE Removal from General EducationLRE Consideration of Potential Of Harmful Effects

LRE Opportunity to ParticipateSchedule of Services

Extended School YearSpecial Transportation

Course/Curriculum ScheduleElective Pool

Potential Harmful Effects & ParticipationRelated Services

IEP Support ServicesPlacement of Services

Review of Committee DecisionsDeliberations

Committee MembersPrior Written Notice

Waiver to Provide ServicesTransition (If Applicable)

Graduation (If Applicable)Transfer of Parental Rights

Supplements (If Applicable)

Notice of EvaluationConsent of Evaluation

PreReferral Packet (if applicable)Review of needed eval data (if applicable)

Full Individual EvaluationFIE: Reason for Referral

FIE: Language StatementFIE: Communication Statement

FIE: Physical StatementFIE: Social Statement

FIE: Emotional StatementFIE: Intellect Statement

FIE: Adaptive Ability StatementFIE: Achievement Statement

FIE: Assistive Technology StatementFIE: Special Education Need Statement

FIE: Signatures (three signatures)Disability Report for every disability

ARD time lineARD Notice

Documentation of Parent ContactDate of meeting

Student informationInterpreter (if applicable)Review of Evaluation Data

Eligibility CriteriaReview Previous Year's Goals and Progress

PLAAFP - AcademicsPLAAFP - Functional

PLAAFP- OtherResults of Previous Assessments

BehaviorLanguage

CommunicationPhysical

Assistive TechnologySummary of Disability Impact

Goals and ObjectivesAccomodations & Modifications

Various Supplements (If Applicable)State Assessment -STAAR

STAAR-M/Alt Participation RequirementsSTAAR Accommodations (If Applicable)

Physical Fitness

SHARS Review (Y/N)Services

Number of SHARS services in IEPIndividual Education Plan (IEP): Date of Signed IEPIndividual Education Plan (IEP):Date Range of IEPIndividual Education Plan (IEP): IEP signedIndividual Education Plan (IEP): Service in IEPIndividual Education Plan (IEP): Medical Necessity Outlined (if applicable)Individual Education Plan (IEP): Need Outlined (if applicable)Individual Education Plan (IEP): Service in PLAAFP (if applicable)Individual Education Plan (IEP): Service in Goals (if applicable)Individual Education Plan (IEP): Service in Supplement (if applicable)Individual Education Plan (IEP): Service on Schedule of Services (if applicable)Prescription / Physician Orders: (If applicable)

100s areas in SPED that could

be an issue

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Numerous Resources AvailableTEA: Statewide Leadership Functions and Projects

©ESC 20 and Texas Education Agency

Project Forum’s Seven Step Process IDEA Requirement Step 1: Consider the grade-level content standards for the grade in which the student is enrolled or would be enrolled based on age. Step 2: Examine classroom and student data to determine where the student is functioning in relation to the grade-level standards. Step 3: Develop the present level of academic achievement and functional performance.

Step 4: Develop measurable annual goals aligned with grade-level academic content standards. Step 5: Assess and report the student’s progress throughout the year. Step 6: Identify specially designed instruction including accommodations and/or modifications needed to access and progress in the general education curriculum. Step 7: Determine the most appropriate assessment option.

34 CFR §300.320 (a)(2)(i) [The IEP must include a] statement of measurable annual goals, including academic and functional goals designed to – 1) Meet the child’s needs that result from the child’s disability to enable the child to be involved in and make progress in the general curriculum; and 2) Meet each of the child’s other educational needs that result from the child’s disability

Annual Goal Facts Annual goals are required for every student who receives special education services (at least one annual goal);

Annual goals must be written in measurable terms (including timeframe, condition(s), behavior, criterion);

Annual goals must be based on a student’s needs as detailed in his/her PLAAFP; and

Annual goals detail what the ARD committee determines the student can reasonably achieve within one year.

When annual goals are academic in nature, they must be standards based. This means the goals must be aligned with the enrolled grade level content standards.

Busting Annual Goal Myths While every student must have at least one measurable annual goal, there is no expectation from TEA that

every student have at least one academic and at one functional goal.

Annual goals do not have to be identified as academic or functional in the ARD/IEP.

Neither type of goal is more important than the other; the goals must meet the child’s needs that result from his/her disability.

Having an annual goal in a content area does not automatically constitute modified content in that area. Further, having an annual goal that modifies content in a content area/course does not automatically mean a student qualifies to take a modified or alternate state assessment in that content area/course.

Standards-based annual goals do not have to include the number of or reference to the content standard (TEKS) to which they are aligned.

Annual goals are not a restatement of the enrolled grade level content standards or a restatement of the general education expectation (such as “mastery of enrolled grade-level TEKS”).

Annual goals are not taught in place of the enrolled grade level content standards. Hence, mastery of/progress toward annual goals does not equate to a course grade.

Note: The only difference in requirements for a goal that is academic and a goal that is functional is that academic goals must be aligned with enrolled grade level content standards. Functional goals have no standard with which to align, as Texas has no state-adopted functional standards. Annual goals do not need to be distinguished as academic or functional in the IEP/ARD document.

Benchmarks/Short-Term Objectives: are intermediate steps a student will take to progress from his/her PLAAFP to his/her annual goal;

are required to be included in all annual goals for students who take STAAR Alternate;

are optional for students who do not take STAAR Alternate; and

must be written in measurable terms.

Annual Goals Summary

The annual goal(s) must be based on the need(s) in the student’s PLAAFP.

Steps in SPED ProcessReferral*

Consent for Evaluation

Comprehensive Assessment

Assessment Team Meeting

Consent for Placement in Special Education

Individualized Education Program*

Programming Begins

* Parents must be notified of their due process rights at initial referral for evaluation, upon eachnotification of an individualized education program meeting, upon reevaluation of the student; andupon registration of a complaint.

What about the IEP?

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Curriculum

Assessment

Instruction

Alignment in the IEP Process

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Curriculum

Assessment

Instruction

Alignment in the IEP Process

Alignment

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The school district is held accountable for providing the services outlined in the plan, but the district is not required to guarantee that the student will meet all the goals and objectives in the IEP. They should be crafted to result in attainment in one calendar year or less depending on the addressed need.

IEP

The IEP as a Contract

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The IEP as a Monitoring Tool

The IEP represents an entire accountability system in miniature--an outline of learner expectations, assessment strategies, and performance standards.

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Crafting a well written IEP takes dedication and practice.

•The IEP Team members must work together to: • meet the requirements of the law• incorporate into the written plan • uniquely designed instruction• appropriate supports • to ensure that the student will make reasonable

progress in his or her education

Alignment in the IEP

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• Medical & Emergency Information for Special Needs Students

• Personal Care Services• Skilled Nursing Services• Transportation Services• Autism• Visual Impairment• Hearing Impairment• Others?

• Special Considerations• Supplements• Goals and Objectives• Accommodations and Modifications

• Placement/Schedule

SpecificityThroughout IEPPLAAFPEligibility

7 Step Process for DevelopingStandards-Based IEPs

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Created by National Association ofState Directors of Special Education’s

(NASDSE) Project Forum& Examples by Mississippi Department of Education

7 Step Process for DevelopingStandards-Based IEPs

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Taken from Standards-Based IEPS; The Overview and How to Write Them, From Mississippi Dept of Ed

The Standards-Based IEP identifies:• Where educators want the child to be

academically;• Where the child is relative to grade-level

standards; and• A plan to support the child by accelerating learning

and moving from where he is to where he needs tobe.

7 Step Process for DevelopingStandards-Based IEPs

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• Step 1: Consideration of grade-level content standards.

• Step 2: Examination of classroom and child data.• Step 3: Development of the present levels of academic

achievement and functional performance (PLAAFP).

• Step 4: Development of measurable annual goals.

• Step 5: Assessment and monitoring of the child’s progress.

• Step 6: Identification of specially-designed instruction.• Step 7: Determination of the most appropriate assessment

option.

Taken from Standards-Based IEPS; The Overview and How to Write Them, From Mississippi Dept of Ed

Alignment

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Curriculum Framework

•Goals and Objectives•TEKS•STAAR

Specially Designed

Instruction

•Materials•Environment• Instruction•Content•Assessment

Present Levels of

Educational Performance

•Where the student is now

PLAFFP

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The present levels of academicachievement and functionalperformance set the stage for developing the rest of the IEP!

PLAFFP

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A statement of the: child’s present levels of academic and functional performance, including how the child’s disability affects the child’s involvement and progress in the general education curriculum.

34 CFR 300.320 (a)(1)(i)

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Let’s eat an Elephant

How to eat an Elephant

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• Eligibility/FIE/Cognitive• Language/Communication• Emotional/Behavioral/Social• Physical/Motor• Academic/Functional/Vocational• Need of Critical Nature• Type of Accommodation/Modification

How to Eat an Elephant

Eligibility/FIE/Cognitive

Language/Communication

Emotional/Behavioral/Social

Physical/Motor

Academic/Functional/Vocational

Need of Critical Nature

Type of Accommodation/Modification

Let’s give it a try.

PLAFFP

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Meet Annie: A 3rd grade studentIncluded in the general ed setting with

accommodations and supportsInattentive and distractibleReads at 1st grade level and on grade level for math

and writingLikes school and gets along with peersAccommodation needs include:Positive Reinforcement for on-task behavior

PLAAFP drives GOALWhere the student is now

PLAAFP[Present levels of academic and

functional performance]

How the student’s levels relate tograde-level expectations.

How the students disability is impacting him/her in attaining grade-

level expectations.

Measureable AnnualGoal(s)

Where the student can reasonablybe expected to be in 12 months

Without the PLAAFP, the IEP does not have any data showing the student’s present performance or the impact of the student’s disability on him/her, and thus, cannot appropriately determine where the student’s

needs currently exist or where he/she can reasonably be expected to be within one year.

ASSESS & REPORT PROGRESS

How will progress be measured?

When will progress be reported?

12 months

Data Source for Next Year

Pam LoperESC 14 – Center for Teaching and Learning

PLAFFP

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There MUST be a direct and consistentcorrelation between the PLAAFP, IEPs

To testing decision.

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• Vertical Alignment Documents - http://tea.texas.gov/student.assessment/special-ed/staaralt/vertalign/

• Texas Infant, Toddler, and Three-Year-Old Early Learning Guidelines -http://earlylearningtexas.org/itelg.aspx

• Texas Prekindergarten Guidelines - http://tea.texas.gov/index2.aspx?id=2147495508

• Texas Essential Knowledge and Skills - http://www.tea.state.tx.us/index2.aspx?id=6148

State Level Documents That Support Development of Goals

Goal - Attainment of Grade Level

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Even if written in measurable terms, a goal such as “70% mastery of grade-level TEKS” does not meet IDEA requirements detailed in 34 CFR §300.320(a)(2)(ii). This is not measureable in and of itself and is a simply a restatement of the expectations for all students in general education.… An annual goal should relate to the student’s need for specially designed instruction due to his/her disability in order to address the individualized needs and how those needs interfere with his/her ability to participate and progress in the general curriculum.

Taken from Individualized Education Program (IEP) Annual Goal Development Q&A Document, From TEA & AGC Network

Services Alignment

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Special education services identify the type of specially designed instruction to meet the unique needs of the child. It includes, but is not limited to:

Taken from Standards-Based IEPS; The Overview and How to Write Them, From Mississippi Dept. of Ed

• Social skills instruction

• Counseling

• Specialized reading ormath program

• Specialized instruction in an inclusive setting

• Intervention

• Learning strategies

• Anger and stressmanagement

• Behavior management

• Braille instruction

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The LRE ContinuumGeneral Ed with No Services

General Ed with Services

Resource Support/Placement

Self Contained Placement

Separate Special Education Campus

Residential Placement

Home or Hospital Placement

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ALIGNMENT TELL THE SAME STORY

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M E D I C A I D

SHARS

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S.H.A.R.S. stands for School Health And Related Services. It is a program that was created by the federal government, that allows a district to bill Medicaid for “direct medical services” provided to “eligible” students by district employed service providers or contracted service providers.

Alignment

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SpecificityService Needs

Medical NecessityPrescription

SpecificityThroughout IEPPLAAFPEligibility

SHARS

IEP

IEP vs SHARS Requirement

Alignment

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Eligibility, PLAAFP, IEP, Supplement

IDEA – A huge issue is when there is not alignment of student planning. This can result in multiple issues. An auditor will typically view documentation based on the lowest common denominator.

SHARS - The biggest problem we see in SHARS is that the areas of documentation are not in alignment with each other. Often times they contradict each other. An auditor will fall back to the documentation that allows “recoupment” of revenue.

Recommendations

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Recommended Online Trainings

• ESC 20 – iLearning - IEP Goal Development in Texas (Online Training) V2 – Free (see attached)

• ESC 13 – ecampus - Aligning Curriculum, Instruction and Assessment for Students with Significant Cognitive Delays –Free

Recommended Websites

• Vertical Alignment Documents - http://tea.texas.gov/student.assessment/special-ed/staaralt/vertalign/

• Texas Infant, Toddler, and Three-Year-Old Early Learning Guidelines - http://earlylearningtexas.org/itelg.aspx

• Texas Prekindergarten Guidelines - http://tea.texas.gov/index2.aspx?id=2147495508

• Texas Essential Knowledge and Skills - http://www.tea.state.tx.us/index2.aspx?id=6148

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Questions/Comments

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Contact Information

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Dr. Karlyn Keller, Lead Account Executive - Manager512.505.2896 direct • karlyn.keller@tasb.org

Special Education SolutionsTexas Association of School Boards12007 Research Blvd. • Austin, Texas 78759-2439tasb.org/specialeducation • 800.580.8272

The information in this presentation may include the intellectual property of third parties.

References

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• Ahearn, Eileen, Ph.D. "Standards-Based IEPs: Implementation Update." Standards-BasedIEPs: Implementation Update. The National Association of State Directors of SpecialEducation, June 2010.

• “A Seven-Step Process to Creating a Standards-based IEP." A Seven-Step Process to Creating aStandards-based IEP. The National Association of State Directors of Special Education, June 2007.

• Cortiella, Candace. "No Child Left Behind: Determining Appropriate Assessment Accommodationsfor Students with Disabilities." LD OnLine: The World's Leading Website on Learning Disabilities andADHD. N.p., 2005.

• Kosnitsky, Carol. "Writing IEPs That Align to Common Core Standards." Alabama CASE, 5Mar. 2012.

• Mississippi Department of Education. “Standards-Based Individualized Education Programs (IEPs): The Overview and How to Write Them.” 2014-2015 School Year

• "Present Levels." National Dissemination Center for Children with Disabilities.National Dissemination Center for Children with Disabilities, n.d.