TABLE OF CONTENTS SECTION 1 - INTRODUCTION TO SPECIAL EDUCATION

SECTION 2 – COMAR - FREE, APPROPRIATE PUBLIC EDUCATION (FAPE)

SECTION 3 – CHILD IDENTIFICATION

SECTION 4 - ASSESSMENT

SECTION 5 - EVALUATION

SECTION 6 - REEVALUATION

SECTION 7 – MARYLAND ONLINE IEP PROCESS GUIDE

SECTION 8 - LEAST RESTRICTIVE ENVIRONMENT (LRE)

SECTION 9 - PROCEDURAL SAFEGUARDS

SECTION 10 – DISCIPLINE (COMAR 13A.08.03.01)SECTION 11

SECTION 11 – STUDENTS IN OTHER THAN PUBLIC SCHOOL PLACEMENTS

SECTION 12 - CONFIDENTIALITY AND RECORDS MANAGEMENT

SECTION 13 – PROGRAMS, RESOURCES, AND SERVICES

SECTION 14 – CONFIDENTIALITY AND RECORDS MANAGEMENT

APPENDICES A ABBEVIATIONS AND DEFINITIONS

B APPROVED TESTS

C EXTENDED SCHOOL YEAR (ESY)

D MEDICAL ASSISTANCE/AUTISM WAIVER/TBI WAIVER E TRANSITION FROM ONE SCHOOL LEVEL TO ANOTHER

F REFERENCE GUIDES FOR IEP MEETINGS

G ALTERNATE MARYLAND SCHOOL ASSESSMENT (Alt-MSA)

H DISABILITY CATEGORIES/FEDERAL CENSUS CODES

I PARENT SURROGATES

J PROCEDURAL SAFEGUARDS

K CORRECTIONAL AGENCIES PROCEDURES

L REPONSE TO INTERVENTIONS (RTI)

M MARYLAND STATE EXIT DOCUMENT FOR STUDENTS LEAVING FCPS

N FCPS PROGRAMS, RESOURCES, AND SERVICES

O IEP DOCUMENT CONTENTS

P STUDENT ASSESSMENTS

Q TRANSFER STUDENTS INTO FCPS

R SUGGESTED GUIDELINES FOR THE EDUCATIONAL NEEDS OF ENGLISH

LANGUAGE LEARNERS (ELL) S FUNCTIONAL BEHAVIOR ASSESSMENT (FBA) AND BEHAVIOR

INTERVENTION PLAN (BIP) T TIMELINES MOST FREQUENTLY USED

U HOME SCHOOLING

V CHARTER SCHOOLS

W SPECIAL EDUCATION CITIZENS ADVISORY COMMITTEE X HOME AND HOSPITAL TEACHING

SECTION 1 1.1 Introduction to Special Education This Special Education Handbook includes standards, policies, procedures and guidelines, which establish a system to provide free and appropriate public education (FAPE) services to students with disabilities as mandated by federal, State and local legislation – Public Law 108-446, the Individuals with Disabilities Education Act (IDEA 300.1)), and the Code of Maryland Regulations (COMAR 13A.05.01), for Students with Disabilities; and the Frederick County Public Schools Code of Policies and Procedures.

FCPS is committed to provide effective special education programs and services for students with disabilities. It is the responsibility of the central office and school-based personnel of FCPS to implement these requirements. FCPS has written policies and procedures, which ensure compliance with these laws and regulations. The policies and procedures are on file in the FCPS office of the Director of Special Education and Psychological Services. With the Local Application for Federal Funds, FCPS staff review and revise the existing Policies and Procedures. FCPS documents with the Maryland State Department of Education (MSDE) that these Policies and Procedures are on file in the FCPS Special Education Office and are available for review by parents, administrators, and staff (Appendix A for Abbreviations and Definitions).

www.FCPS.org: this Frederick County website contains the following information citations. Each heading provides additional information on the chosen topic.

Maryland Accommodations Manual Individualized Education Program (IEP) Information Special Education Handbook (FY 2008) Compliance Monitoring Disproportionality Committee Extended School Year (ESY) Forms and Information IEP Team Resources High School Assessments (MOD/HSA) Online IEP Resources Psychological Services Forms Special Education Forms Woodcock Johnson III Compuscore Directions

COMAR LISTINGS:[www.COMAR Online – search for word or phrase]

COMAR 13A.05.01.01 – 13A.05.01.16 FREE APPROPRIATE PUBLIC EDUCATION

COMAR 13A.05.02.01 – 13A.05.01.14 ADMINISTRATION OF SERVICES

COMAR 13A.08.03.01 – 13A.08.03.11 DISCIPLINE OF STUDENTS WITH DISABILITIES COMAR 13A.09.09.01 – 13A.09.09.13 EDUCATIONAL PROGRAMS IN NONPUBLIC SCHOOLS

COMAR 13A.10.01.01 – 13A.10.01.05 HOME INSTRUCTION COMAR

13A.13.01.01 – 13A.13.01.13 INFANTS AND TODDLERS COMAR

13A.09.09.08 – 13A.05.01.16 NONPUBLIC PRIVATE SCHOOLS COMAR

13A.12.01.02 - 13A.12.01.05 TEACHER CERTIFICATION

FREDERICK COUNTY PUBLIC SCHOOLS BOARD POLICIES AND PROCEDURES REGARDING SPECIAL EDUCATION [www.fcps.org/fcps/site/default/asp - School Board Regulations and Policies]

300 – 90 CHARTER SCHOOLS

400 – 4 SUSPENSION and EXPULSION 400 – 7 ENROLLMENT 400 – 9 CHILD FIND 400 – 16 PROGRESS REPORTING 400 – 17 SUSPENSION/EXPULSION STUDENTS WITH

DISABILITIES 400 – 19 SPECIAL SITUATIONS SCHOOL PLACEMENTS 400 – 20 STUDENT RECORDS 400 - 22 INDIVIDUALIZED EDUCATION PROGRAM (IEP)

TEAM 400 – 37 HOME and HOSPITAL INSTRUCTION 400 – 44 RESTRAINT 400 – 69 SPECIAL EDUCATION and RELATED SERVICES 400 – 71 MEDICAL ASSISTANCE REIMBURSEMENT 400 – 84 CHARTER SCHOOLS 400 – 85 CHARTER SCHOOLS 400 – 92 PHYSICAL EDUCATION AND ATHLETIC PROGRAMS FOR STUDENTS WITH DISABILITIES 400-93 INCARCERATED YOUTH WITH DISABIILTIES-EDUCATIONAL SERVICES 508 – 1 SPECIAL EDUCATION

1.2 Philosophy FCPS is committed to the concept of inclusive education in the least restrictive environment (LRE). Special education provides supports for all students so they may engage in and benefit from the FCPS essential curriculum and the Maryland State Curriculum (MSC), including the use of effective teaching materials, and activities that are required in all regular education classrooms. Inclusive education is based on the concept of understanding different learning styles among students and meeting their individual educational needs throughout the instructional process. This differentiated instructional approach is essential for all learners to improve. In order to understand these needs and plan appropriate educational programs for students, a team approach is necessary.

In special education, parents are an essential member of the Individualized Education Program (IEP) Team. The desired result of the IEP Team is the development of the individualized program that will enable students with disabilities to realize their learning potential in the least restrictive environment. The eventual outcome for these students will be success in the adult world. To accomplish these goals, FCPS will use effective teaching strategies, supplemental aids

and supports, appropriate specialized instructional materials, and individualized criteria for measuring success and reporting student progress to parents.

1.3 Mission Statement The primary mission of Frederick County Public Schools is for all staff to work together collaboratively, in order to educate each child and promote success. The mission of special education is to meet the unique needs of children with disabilities. We will ensure that all students have available to them a free, appropriate public education (FAPE) in the least restrictive environment (LRE) designed to meet their needs in order to make progress toward achieving the goals and objectives on their Individualized Education Programs (IEP) resulting in enrollment in post- secondary education and/or attainment of full time paid employment with clear career objectives (Maryland State Exit Document, Appendix M).

1.4 Goals The direction and challenges of special education in FCPS are to:

• Ensure that all students with disabilities have available to them a FAPE, which includes special education and related services to meet their unique needs;

• Provide a full range of educational opportunities that are offered in the least restrictive environment (LRE) for each student;

• Ensure that the rights of students with disabilities and their parents’ rights are protected;

• Assess and ensure the effectiveness of efforts to provide an appropriate educational program for all students with disabilities;

• Improve understanding and communication among special educators, general educators, families, and community agencies;

• Respond to the growing needs of an increasingly more diverse society; • Document students achievement in response to interventions to enhance their

opportunities for success; • Provide support for students as they transition to post-secondary education and

effective career opportunities. 1.5 Objectives to reach these goals:

• Provide continuous “child find” procedure designed to identify students from birth through age 21 who have a disability and are in need of special education and related services;

• Provide an effective “pre-referral” process in each school to ensure that the needs of students are addressed through general education resources and supports; provide an effective in-school screening program;

• Develop and implement an IEP based upon assessed needs for each student who is identified as having an educational disability;

• Work cooperatively with the parents of students who are identified as needing special education and related services;

• Establish and maintain ongoing communication with parents so they may better function as IEP Team members and equal partners in the special education decision- making process;

• Ensure that the confidentiality of information and all due process protections are maintained;

• Provide FAPE to students with disabilities residing in the FCPS jurisdiction that are enrolled in FCPS from birth through the end of the school year the student turns 21 or upon graduation;

• Provide for the successful transition of students with disabilities from school into the adult world of post-secondary education or satisfying paid employment;

• Provide ongoing staff development to enhance the instructional skills of special and general educators. Provide co-teaching professional development opportunities.

1.6 FCPS Master Plan for the Education of All Students

[www.fcps.org/fcps/site/default/asp - FCPS Master Plan – Bridge to Excellence]

• Access to general education instruction and materials; • Achievement as measured by the Maryland State Assessments (MSA and HSA); • Collaboration between special education and general education; • Ongoing professional development; • Expansion of intervention programs to support the needs of struggling learners.

1.7 Monitoring for Continuous Improvement and Results (MCIR) The Federal Office of Special Education (OSEP) requires states to report on indicators that measure compliance with federal and State regulations. The Maryland State Department of Education (MSDE) has developed a State Performance Plan (SPP) that includes twenty indicators, which measure compliance with regulations in special education. Fourteen of these indicators are targeted for data collection at the local level. FCPS is required to gather, analyze, and interpret data for each indicator (COMAR 13A.05.02.07) which is submitted to MSDE, compiled and forwarded to OSEP for ratings:

• Meets Requirements • Needs Improvement • Needs Intervention • Needs Substantial Intervention

The MSDE looks to FCPS to show improved outcomes for students with disabilities. The SPP is a vehicle by which FCPS measures the strengths and needs within the school system. FCPS takes many steps to ensure accuracy and compliance with these regulations.

Current ratings for all State Performance Plans (SPP) are on the Maryland State Department of Education (MSDE) website at www.marylandpublicschools.org.

SECTION 2 2.1 Free Appropriate Public Education (FAPE) The purpose of this handbook is to facilitate the implementation of Part B of the Individuals with Disabilities Education Act (IDEA 2007 – 300.1), and the Code of Maryland Regulations (COMAR - 13A.05.01) which assure FAPE for all students with disabilities.

“FAPE” means special education and related services that are provided:

at public expense with no cost to the parents, under public supervision and direction; with compliance to the standards of the Maryland State Department of Education

(MSDE); at the preschool, elementary, and secondary education; and through an Individualized Education Program (IEP).

2.2 Provision of FAPE FCPS Board Policy 508 ensures that FAPE is provided to all students with disabilities, age 3 through the end of the year the student reaches 21 years of age or upon graduation. The principal of each Frederick County public school, along with the IEP Team, must ensure that students with disabilities have available:

access to a continuum of special educational programs and related services to meet their unique needs;

participation in general education services and activities in their home school to the extent appropriate;

non-academic and extracurricular services and activities as determined by the IEP Team to provide students with disabilities opportunities for participation in those services and activities as students without disabilities;

SECTION 3 3.1 Child Identification

Prior to the identification of a disability, a student may be referred for initial evaluation by a parent, a state agency, the school system, and other concerned individuals.

“Child Find” - FCPS ensures that all children (age 3-21) with disabilities, including those who are homeless or wards of the State and children with disabilities attending private schools, home schooled children (Appendix U), children enrolled in charter schools (Appendix V), and children placed in correctional facilities (Appendix K), regardless of the severity of their disability, and who are in need of special education and related services, are located, identified, and evaluated (Appendix Q Transfer Students).

3.2 Preschool Students

3.2.1 Ages - Birth to Three

“Early Identification” means the implementation of a formal process for identifying a disability as early as possible in a child’s life.

Under P.L. 108-446, IDEA 2007 CFR 300.320, Part C, and COMAR 13A.13.01.01 Infants and Toddlers with disabilities, there must exist a multi-agency approach to the planning and dialogue that is necessary to implement the early intervention process. It is directed to the needs of children, birth through age three and their families because they are experiencing:

A 25% delay in one or more of the following areas: cognition, communication, social emotional development, gross motor development, fine motor and adaptive skills, a diagnosed condition that has a high probability of resulting in delay (e.g. Down Syndrome), or atypical development in one or more of the above areas.

The Central Office Child Find Team fulfills this role in collaboration with the Infants and Toddlers Program Staff. (COMAR 13A.05.01.07 through .10 and 34 CFR 300.324)

3.2.2 Ages Three through Five

Child Find provides screening, assessment, and evaluation services to children from three through five years of age who may have special needs, a developmental delay, and/or disabling condition(s).

Parents, health care providers, or other concerned individuals may call the person who coordinates Child Find to obtain information regarding Child Find services for preschool children. Parents may contact the Child Find office to schedule an IEP Team screening meeting to determine the need for assessments (301.644.5292).

For each child needing an evaluation, the Child Find IEP Team obtains permission from the parent(s) and completes the recommended assessments, as appropriate. These assessments may include audiological; developmental, social, occupational, physical, psychological, speech or language, and health.

The time line to complete initial assessments is 60 days from the date of parental consent and 90 days from the date of the screening referral, whichever comes first. [See Timelines Chart Appendix T

3.2.3 The Extended Option

The Maryland Extended Part C Option (January 2010) will allow children and families receiving services through an Individualized Family Service Plan (IFSP) to continue to receive services beyond age three until the child is eligible to enter or enters kindergarten, if the child has a current IFSP and is determined eligible for preschool special education and related services as a child with a disability - IDEA Section 635(c).

Any eligible child must have a transition-planning meeting to consider Part B services and any other available community resources no earlier than nine months and no later than 90 days prior to the child’s third birthday.

3.3 School Age Students A student with a suspected disability who may need special education will be referred, in writing, to the IEP Team, using the Screening Referral (SE: 1A), or through a parent letter. All schools are expected to implement the “pre-referral” process and document the results prior to referring a student to the IEP Team. In Frederick County, the student services team model is utilized. (13A.05.01.06).

Prior to referral to the school IEP team, it is expected that all students have access to an appropriate tiered level of interventions in general education. The Student Service Team (SST) is responsible for initiating monitoring and evaluating the student’s response to interventions. Following and appropriate period of time, based on the documentation of responses to interventions (RTI), the student services team may then refer to the IEP team for review. This RTI cannot delay screening or the obligation to respond to the written parental request for evaluation (Appendix L).

The IEP Team (Appendix O) will hold a screening meeting to review: existing data, evaluations and information from the parent, instructional interventions and strategies, current classroom- based assessments, county assessments, State assessments; and observations by teachers and related service providers [13A.05.01.04A(1-4); 34 CFR 300.301(b); 20 USC 1414(a)(1)(B)and (D)]

Based upon consideration of all information presented, the IEP Team may:

• Gather additional data prior to determining the need for assessment. This data

collection may involve administration of individual measures that are used to gain information regarding a student’s current level of performance in targeted areas. The gathering of additional data will be completed in an expedited manner and a subsequent IEP Team meeting will be scheduled.

• Recommend assessments as a part of a comprehensive evaluation that will address all areas related to the suspected disability, as appropriate.

• Determine that the student’s program is appropriate and further evaluation is not needed.

If the IEP Team determines the need for additional data or for assessments, the IEP Team will designate the appropriate qualified personnel to complete the recommended actions. The IEP Team will determine the appropriate assessments to administer in all areas related to the suspected disability, both academic and functional based upon the screening information (Appendix E Transition from level to level).

Eligibility Flow Chart

Receipt of dated Screening Referral for Special Education (SE:1A) as a result of school SST recommendation or parent’s written request. Upon receipt of parent’s written request, SE:1A must be distributed for review at the screening IEP team meeting.

This date begins a 90 ay time line to determine eligibility.

Conduct an IEP Team Screening meeting. Provide the Parental Safeguards booklet to parent/guardian. Give consideration to historical and current data.

If IEP Team determines that no further assessment is necessary, prior written notice must be provided to the parent using The IEP Team Meeting Report (SE:7). The IEP process ends. Refer

back to SST, if/as appropriate.

If IEP Team determines that further assessment is necessary, obtain consent for assessment in each area of suspected disability using the Parental Consent for Evaluation form (SE:2). Parents must date and sign SE:2. Prior written notice must be provided to the parent using The IEP Team Meeting Report (SE:7).

This date begins a 60 day time line to determine eligibility.

Case manager submits Referral for Psychological Evaluation (CR-56) and notifies any other evaluators (OT, PT, Speech, etc) of need for assessments.

Consult with calendar to schedule Eligibility Meeting to fall within the 90 day timeline or 60 day time line, whichever comes first. NOTE: The timeline relates to a 365 day calendar, not a school year calendar. Additionally, weekends and school

closure dates are included in the 60 day timeline.

Conduct an IEP Team Eligibility meeting within the required time frame. Provide the Parental Safeguards booklet to parent/guardian.

Student is not eligible for special education because no disabling

condition was identified. Prior written notice is required. IEP process ends.

Student has an educational disability, however, is not eligible for special

education because specially designed instruction is not needed. Prior written notice is required. IEP process ends.

GeNeral education interventions and/or referral to 504 Team may be

appropriate to address educational concern(s).

Student is eligible for special education. Prior written notice is required.

Develop and approve an IEP within 30 days of

initial eligibility decision. NOTE: IEP cannot be implemented without written

parent approval.

SECTION 4 4.1 Assessment (Appendix B)

Assessment means the process of collecting data to be used by the Individualized Education Program (IEP) Team to determine a student’s eligibility for special education and related services. Informal assessments and screening procedures used by a teacher or specialist for a student to determine appropriate instructional strategies for curriculum implementation are not considered an evaluation for eligibility for special education and related services, and do not require parental consent.

Written parental consent (Parental consent for Assessment and State Reporting, SE:2) must be obtained before assessing a student. If the parent refuses to provide consent, FCPS MAY pursue the initial evaluation through the mediation and due process procedure (13A.05.06). See Section IX “Procedural Safeguards” (Appendix I and J).

4.2 Assessment Process

The primary purpose of an assessment is to determine the student’s present levels of academic progress and functional performance and any area of need arising from the student’s educational disability. Therefore, each assessment should include approaches for ensuring the student’s involvement and progress in the essential curriculum, as well as statements regarding the need for accommodations or modifications to the essential curriculum 13A.05.01.04(1-3) and 34 CFR 300.503(b). (A Guide for Parents of Students with Disabilities – “Understanding the Evaluation, Eligibility, and IEP Process in Maryland – a publication of the Maryland State Department of Education is available in FCPS).

4.3 Assessment Materials and Procedures

Assessment materials and procedures must ensure a full and individual evaluation of the student’s educational needs. If the student is linguistically, racially, or culturally different from the general school population, or has a visual or hearing impairment, adjustments must be made to ensure validity of assessments (Appendix P) and:

• Include those instruments tailored to assess specific areas of the student’s educational need and not merely those which are designed to provide a single general intelligence quotient, including educational assessments and any other assessments recommended by the screening IEP Team;

• Be selected and administered to students with impaired sensory, manual, or speaking skills such that the results accurately reflect the student’s aptitude or achievement level, or whatever other factors the test purports to measure, rather than reflecting the student’s impaired sensory, manual, or speaking skills (except where those skills are the factors that the test purports to measure);

• Ensure that no single procedure will be used as the sole criterion for determining an appropriate educational program for a student (A student is always given multiple measures, based on a review of all available screening information; Appendix G Alt- MSA) and;

• Be provided and administered in the student’s native language or mode of communication. Materials and procedures used to assess a student who is an English

Language Learner (ELL, Appendix R) will measure the extent to which the student may have an educational disability rather than measuring the student’s English language skills.

4.4 Native language

Native Language means the language or mode of communication used by the student and/or used by the parent of the student in the home environment.

5.1 Evaluation (Appendix P)

SECTION 5

Evaluation occurs at an Individualized Education Program (IEP) Team meeting and means the process of reviewing: (COMAR 13A.05.01.06 and IDEA 300.304)

• Information from parents; • Existing student data; • Classroom-based local school and state assessments (MSA, HSA, Alternate-MSA); • Observation reports by teachers and others; • Reports on the results of the assessment procedures used to determine whether or not

a student has an educational disability and the nature and extent of the special education and related services that the student needs;

• Results of assessments that determine the student’s present levels of academic achievement and functional performance;

• Response to Interventions – tiered interventions with data and documentation. 5.2 Purpose of Evaluation (Appendix L)

The purpose of evaluation is to determine if a student has an educational disability that requires special education and related services. Before the determination is made, there must be appropriate interventions to provide assistance to the student through all available resources within a general education setting. This three tiered process must include reports on the student’s response to interventions (RTI) at the different tier levels.

6.1 Reevaluation

SECTION 6

Reevaluation means an evaluation conducted after the initial evaluation to determine continued eligibility for special education and related services (COMAR 13A.05.01.06).

The Individualized Education Program (IEP) Team will review the student’s IEP and determine the need for reevaluation utilizing the State IEP online definitions and procedures:

• at least every three years, unless the parent and school agree that reevaluation is not necessary;

• if the student’s parent/teacher requests a reevaluation; or • if the student may no longer have a disability.

Reevaluation shall not occur more than once per year unless the parent and the school agree. The date of the first evaluation is the date when the IEP Team met to review all initial assessment information and determine eligibility for special education services. The subsequent IEP Team meeting at which a reevaluation is conducted must occur no later than 3 years from the previous eligibility meeting. Thus, the “3-year” requirement is determined from IEP Team meeting date to IEP Team meeting date.

6.2 Timeline Assessments must be conducted and reviewed by the IEP Team 90 days before the date of the IEP Team meeting (3 years from the initial IEP). This timeline will ensure an IEP Team has timely access to data needed to revise a student’s IEP, and to ensure the provision of FAPE at the three year reevaluation meeting. The IEP Team must reevaluate a student before determining that the student no longer requires special education services.

6.3 Eligibility (Graduation or Exit from FCPS) This reevaluation is not required before the termination of a student’s eligibility due to graduation from FCPS with a Maryland High School Diploma or when the student exceeds the age of eligibility (by the end of the school year the student turns 21 years old).

If a student exits the school system prior to age 21 with a Certificate of Completion, reevaluation is required. Graduation with a diploma constitutes termination of services (change in placement). Course grades and the Maryland State tests can be used as a form of evaluation. The school must have an IEP Team meeting (annual review) in the student’s senior year or the year the student turns 21, and agree to completion of service because of graduation (termination of eligibility).

6.4 Exit Document Students who exit special education services due to graduation with a diploma or exceeding the age eligibility will receive a written summary of their academic achievement and functional performance, including recommendations on how to meet post-secondary goals, in the form of an Exit Document (Appendix M).

SECTION 7

7.1 Individualized Education Program (IEP – Appendices F and O)

Individualized Education Program is a written description of the special education and related services needed by the student (COMAR 13A.05.01.07-.09; IDEA 300.324).

7.2 Components of the IEP (Appendix O)

7.2.1 Student Information (Meeting and Identifying Information; Appendix – H

Disability Codes)

1. Student, Parent/Guardian, and School Information: 2. Exit Information 3. IEP Team Participants 4. Initial Evaluation Eligibility Data (for student’s initial evaluation to

determine eligibility; indicate primary disability) 5. Continued Eligibility Data (for reevaluation at least once every three

years) 6. Student Participation on District/Statewide Assessments and Graduation

Information 7.2.2 Present Level of Academic Achievement and Functional Performance

1. Academic – summary of findings 2. Health – summary of findings 3. Physical – summary of findings 4. Behavioral – summary of findings 5. Present Level of Academic Achievement and Functional Performance: parental input;

student’s strengths, interest areas, personal attributes, personal accomplishments. How does disability affect the student’s involvement in the general education curriculum or activities in appropriate activities at the preschool level?

7.2.3 Special Considerations and Accommodations

1. Communication special needs 2. Assistive Technology (AT) – devices and/or services 3. Service for Students who are Blind or Visually Impaired 4. Service for Students who are Deaf or Hearing Impaired 5. Behavioral Intervention (Appendix S) 6. Service for Students with Limited English Proficiency (Appendix R) 7. Instructional and Testing Accommodations 8. Supplementary Aids, Services, Program Modifications and Supports 9. Extended School Year (ESY)

10. Transition – to postsecondary educational placements and/or employment 11. Transition Activities 12. Anticipated Services for transition – rehabilitation, educational, living

7.2.4 Goals

1. Goal and Progress toward Goal 2. Goals need to be specific/descriptive/measurable/attainable/relevant/and time

relevant; in order to include learner performance, quality, criteria and conditions. 3. Report Progress on each goal on a quarterly basis to include content areas, attention,

organization, daily work, homework assignments, and social/emotional areas 4. Utilize the Evaluation Methods listed in this section of the IEP document and the

suggested progress report form which is sent home to the parents quarterly. 7.2.5 Services

1. Special Education Services in General Education or Outside General Education: type

of service, location, duration, provider, ESY component. Extended School Year Services (ESY – Appendix C)

2. Related Services: type of service, location, duration, provider, ESY component 3. Career and Technology Education Services: type of service, location, duration,

provider, ESY component. 7.2.6 Placement Data

1. Least Restrictive Environment (LRE) Decision Making & Placement Summary

(Section VIII) 2. Child Count Eligibility Codes (1-4).

7.2.7 Authorizations

1. Consent for Initiation of Services (initial IEP only) 2. Medical Assistance (MA – Appendix D))

SECTION 8 8.1 Least Restrictive Environment (LRE: COMAR 13A.05.01.10)

A public agency shall ensure that:

1) To the maximum extent appropriate, students with disabilities, including students in public or private institutions, or other care facilities, are educated with students who are not disabled; and

2) Special classes, separate schooling, or other removal of students with disabilities from the regular educational environment occurs only when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services as described in 13A.05.01.09A(1)(d) and (e) cannot be achieved satisfactorily.

The IEP Team will consider Least Restrictive Environment (LRE) factors and options only after the IEP goals and objectives have been developed by the school and the parents (COMAR 13A.05.01.10).

It is clear that the intent of the Individuals with Disabilities Education Act (IDEA 300.115) is to foster the inclusion of students with disabilities in the general education environment. Under the concept of least restrictive environment (LRE), a determination is made as to the extent students with disabilities will participate in general education environments.

Free Appropriate Public Education (FAPE) means that special education and related services are provided at public expense under public supervision and direction; and to the maximum extent appropriate students with disabilities, including students in public or private institutions or other care facilities are educated with students who are not disabled. Removal from the regular education environment occurs only when the nature or severity of the disability is such that education in regular classes with the use of supplemental aids and services cannot be achieved satisfactorily. Inclusive educational programming means bringing support services, where appropriate, to the student rather than moving the student to the services.

SECTION 9 9.1 Procedural Safeguards Notice (Appendix J) A copy of Procedural Safeguards: Parental Rights (OR:10) must be given to the parents of a student with a disability:

• When the notification of a screening IEP Team meeting is sent; • One time per year; • Upon filing for a due process hearing; • Upon parent request; • Upon receipt of a parent’s complaint to the state; • When a decision is made to take disciplinary action.

The parent signature page should be returned to the school by the parent or obtained from the parent at the IEP Team screening meeting. It is necessary to obtain a parent signature on the Receipt of Parental Rights Document, (last page of OR:10) when the booklet is given for the first time, but not thereafter.

The contents of the procedural safeguards notice can be found online at www.fcps.org.

SECTION 10

10.1 Discipline (FCPS BOE 400-17)

IDEA 2007 (300.530) requires the Individualized Education Program (IEP) to include appropriate positive behavioral interventions, strategies and supports to address the student’s behavioral needs. To effectively assess behaviors and to plan for appropriate interventions, there needs to be a review of existing information maintained in the student’s record; including reports from general educators, special educators, disciplinary records, observations, reports from parents, and assessment information (COMAR 13A.08.03.01-.11).

IDEA 2007 states that appropriate behavioral supports must have been in place as part of a manifestation review to determine whether the behavior is a result of the disability or not. Prior to removal of a student beyond ten days of suspension, the IEP Team must conduct a functional behavior assessment (FBA). Either before or no later than ten business days after the removal of the student beyond ten days, if the school system has not conducted a behavioral assessment and implemented a functional behavioral intervention plan (FBIP), the school must convene an IEP Team meeting to develop a plan for assessing the student’s behavior and to determine appropriate intervention to address the behaviors that resulted in disciplinary action. If a behavioral assessment has been completed, the IEP Team should review existing data, determine if there is a need for another assessment, review the status of the implementation of the current behavioral intervention plan, and modify the plan, as necessary (Appendix S).

Please refer to FCPS Regulation 400-17 for detailed procedures when removing a student with disabilities from school for disciplinary reasons.

10.2 Functional Behavior Assessment (FBA)

A functional behavior assessment is an important tool for use when a student displays problem behavior. When discipline issues arise for a student with a disability, the school must consider the need for such an assessment as part of the process of developing effective behavioral interventions (Appendix S).

The FBA is an important process for use when a student displays a pattern of behavior that interferes with their learning or the learning of others. When there is a significant interfering behavior and/or a pattern of discipline issues that arise, the school must consider this assessment procedure.

10.3 Behavior Intervention Plan (BIP)

The BIP is a positively based formal written document that provides a structure for reducing the behavior of concern and increasing access to education.

Develop an effective intervention that includes Preventing Strategies: Modify the context so those events that are associated with the challenging behaviors are removed or changed.

Develop an effective intervention that includes Teaching Strategies: Teach desirable alternative behaviors that will achieve the same function(s) as the challenging behavior. Provide practice in performing the taught skills.

Develop an effective intervention that includes Reacting Strategies: Alter the response to the challenging behavior to make sure that functional outcomes to the challenging behavior are no longer occurring.

Determine the positive consequences that can be used to promote the desired behavior.

The date of the IEP team meeting where the FBA was conducted and the BIP was developed should be the same. The IEP team meeting date should be identified on the upper right-hand corner of the FBA (SE:27) and BIP (SE:28).

The BIP should be copied to carry the current BIP forward with each subsequent IEP.

SECTION 11 11.1 Students in Settings Other Than Public Schools

11.2 Non-Public Schools

Nonpublic school means an educational program, which is governed and operated by an individual or entity, excluding the federal government or any state, county or municipal agency or division.

COMAR uses the term “Non-public” to reference all MSDE approved school programs operated by an individual or private entity (COMAR 13A.01.01.16)

Non-public schools can be classified in several ways:

• Transitional Schools within Group Home and Child Care Facilities (e.g. San Mar,

Strawbridge, Cedar Ridge) • Schools offering Special Education and General Education (e.g. Ridge School,

Jefferson School, Good Shepherd School) • Schools offering Special Education only (e.g. Chelsea School, Laurel Hall,

Shorehaven, Ivymount) • Schools offering General Education only (e.g. Banner School, Frederick Country Day

School, St. John’s School). (Schools that fall into this category will be referred to as “private schools).

11.3 Home Schooling

Home schooling is regulated by Maryland law and there is a system-wide coordinator for parents interested in providing a home school for their children: information is located at (COMAR 13A.10.01.01).

www.marylandpublicschools.org/msde/nonpublicschools/nphomeinst/

Parents interested in providing home-schooling for their child must notify the home-schooling Coordinator in the Student Services Division. FCPS BOE policy 400-69 provides detailed information regarding the provision of special education and related services to students who are parentally placed in private schools.

11.4 Private Schools

FCPS BOE policy 400-69 provides detailed information regarding the provision of special education and related services to students who are parentally placed in private schools.

11.5 Services for Incarcerated Students with Disabilities (Appendix K)

11.5 Services for Charter School Students (Appendix V)

Information on Charter Schools in FCPS is located at BOE policy 400-84; 400-85; and 400-90. The web site for additional information is: htpp://apps.fcps.org/dept/legal;regulations.cfm

SECTION 12 12.1 Confidentiality and Records Management

12.2 Public Documents

All public documents regarding special education are available to interested parties through the FCPS Office of Special Education during regular business hours. Public documents include:

• Application for federal funds; • All policies and procedures governing special education and approved by the

Maryland State Department of Education (MSDE); and • All program evaluations, program plans, and reports.

Requests for access should be made to the Supervisor of Special Education. Documentation of any requests received and records of access are maintained in the Office of Special Education (COMAR 13A.08.02.03).

SECTION 13 13.1 Special Education Programs, Resources, and Services (Appendix N)

Programs: • Infants and Toddlers • Special Education Pre-Kindergarten • Challenges I, II, III, IV • Pyramid I, II, III • Heather Ridge Special Education Program • Twilight Special Education Program • SUCCESS Program • Learning for Life Program • Programs for Students who are Deaf or Hard of Hearing • Transitional Employment Program • Career & Technology Education • Rock Creek School • Itinerant Services for the Blind and Visually Impaired • Itinerant Services for the Deaf and Hard of Hearing

Resources:

• Special Education Coordinator • Special Education Teacher Specialists • Partners for Success • Special Education Lending Library • Technical Systems Support • Community Agency/School Services (CASS) • Special Education Citizens Advisory Committee (SECAC)

Related Services: • Counseling Services • School Support Program • Itinerant Orientation & Mobility (O&M) • Audiological Services • Adapted Physical Education (PE), Art, and Music • Occupational Therapy (OT) and Physical Therapy (PT) • Speech/Language Services • Augmentative Communication and Technology Team (ACTT) • Special Transportation • Crisis Intervention • Psychological Services • Social Work Services • Rehabilitation Counseling • School Health Services • Recreation • Autism Cadre

SECTION 14 14.1 CONFIDENTIALITY AND RECORDS MANAGEMENT

14.2 Public Documents All public documents regarding special education are available to interested parties through the FCPS Office of Special Education during regular business hours. Public documents include:

• Application for federal funds; • All policies and procedures governing special education and approved by the

Maryland State Department of Education (MSDE); and • All program evaluations, program plans, and reports.

Requests for access should be made to the Supervisor of Special Education. Documentation of any requests received and records of access are maintained in the Office of Special Education.

FCPS will implement procedures that ensure the protection of confidentiality of all personally identifiable information at the collection, storage, disclosure, and destruction stages. The IEP Team Chairperson will assume the responsibility for ensuring the confidentiality of any personally identifiable information at the school.

14.2 Annual Notice FCPS notifies parents and eligible students annually of their rights under the Family Education Rights and Privacy Act (FERPA), including a statement that the parent and/or eligible student has the right to:

• Inspect and review the student’s educational records; • Request the amendment of the student’s educational records to ensure that they are

not inaccurate, misleading, or otherwise in violation of the student’s privacy or other rights;

• Consent to disclosures of personally identifiable information contained in the student’s educational records, except to the extent that regulations authorize disclosure without consent;

• File with the U.S. Department of Education a complaint concerning alleged failures by FCPS to comply with the requirements of the FERPA;

• Obtain a copy of FCPS policies and places where copies of the policies are located. The notification includes a statement of the intent of FCPS to collect, maintain, and use personally identifiable information which may be transmitted to MSDE in an unidentifiable form.

The “Procedural Safeguards: Parental Rights” booklet given to the parent prior to the IEP Team screening meeting, and offered at least annually thereafter, contains information on FCPS procedures regarding educational records, and outlines the parents’ rights with regards to the educational records of their student. This booklet serves as the annual notification to parents and eligible students of their rights.

14.3 Directory Information Regulation 400-20 allows FCPS to retain a permanent record of the student’s name, address, classes attended, grade level completed, and year completed on a permanent basis.

Any parent or legally aged student who does not want the school to release directory information without the prior written consent of the parent or legally aged student, must notify the school principal in writing by September 30 of each school year. If the student enrolls after the beginning of the school year, the parent or legally aged student must submit this notification within 30 days of the date of enrollment. This notification must be submitted initially and annually in writing. FCPS has the right to release directory information regarding former students who received special education services.

The release of names and addresses of graduating students with special needs may be made by FCPS to:

• The armed services; • Bona fide educational institutions; • Members of the State Legislature and members of the Congress of the United States; • Any person, agency, or department concerned with job placement of graduates who

received special education services. 14.4 Protection of Student Confidentiality of Information Student confidential blue folders are maintained by special education teachers and other school personnel associated with the student’s specialized program in accordance with federal regulations, the public school laws of Maryland, the rules and regulations of the Maryland State Board of Education, and the policies and regulations of the Frederick County Board of Education. Special education confidential blue folders are maintained for each student who receives special education services. The student’s confidential blue folder contains all documents associated with identification, evaluation, placement, and the provision of FAPE. The folder is kept in a secure location in the school that the student attends. Access to the confidential blue folder is limited to FCPS personnel involved in the provision of FAPE to a student, parents, and others as authorized by the parent.

14.5 Opportunity to Inspect and Review Educational Records “Educational Record” means any personally identifiable information regarding a student with a disability.

In accordance with confidentiality procedures, the parent of a student with a disability, or the eligible student, will be given the opportunity to inspect and review all of the student’s records relating to the identification, evaluation, educational placement, and the provision of FAPE.

Students who are 18 years of age or older and have or have had a special education confidential blue folder may review their own folder.

For information regarding student transfers from outside FCPS, see Section VIII, IEP Document.

When a student transfers to another school system within Maryland or out of state, copies of the student’s educational record will be transferred and the original records will be placed with the inactive files. As with inactive files of students still enrolled in FCPS, these additional inactive files should be transferred to the Frederick County public school the student would be attending if still enrolled.

The IEP Team Chairperson ensures that, when confidential information is requested by another school, school system, or post-secondary institution, a reasonable attempt is made to notify the parent or legally aged student at the last known address of the parent or student (unless the disclosure is initiated by the parent) and request permission to release the confidential information. FCPS forwards, on request, confidential information to other agencies or institutions in which the student seeks or intends to enroll, or in which the student is enrolled, or from which the student receives services with written consent.

APPENDIX A Abbreviations and Definitions:

ACTT Augmentative Communication Technology Team

A-D/HD Attention-Deficit/Hyperactivity Disorder

ALJ Administrative Law Judge

ALT-MSA Alternate Maryland School Assessments

ASHA American Speech, Language and Hearing Association

BIP Behavior Intervention Plan

CAI Computer-Assisted Instruction

CASE Council of Administrators of Special Education (CEC)

CASS Community Agency School Services

CEC Council for Exceptional Children

CELF-4 Clinical Evaluation of Language Fundamentals-4

CFR Code of Federal Regulations

CIEP County Individualized Education Program

COMAR Code of Maryland Annotated Regulations

CP Cerebral Palsy

CRES Criterion Reference Evaluation System

CRT Criterion-Reference Test

CSPD Comprehensive System of Personnel Development

CTBS Comprehensive Test of Basic Skills

CTESST Career & Technology Education Student Support Team

DDA Developmental Disabilities Administration

DHMH Department of Health and Mental Hygiene

DORS Department of Rehabilitation Services (formerly Division of Vocational

Rehabilitation)

DSS Department of Social Services

ED Emotionally Disabled

EDGAR Education Department General Administrative Regulations

EHA Education of the Handicapped Act (see IDEA)

ELL English Language Learner

ERIC Educational Resources Information Center (Reston, VA)

ESOL English Speakers of Other Languages

ESY Extended School Year

FAPE Free, Appropriate Public Education

FAS/E Fetal Alcohol Syndrome/Effects

FBA Functional Behavior Assessment

FCPS Frederick County Public Schools

FEOG Full Educational Opportunity Goal (federal requirement)

FERPA Family Education Rights and Privacy Act

FY Fiscal Year

HELP Hawaii Early Learning Profile

HI Hearing Impairment

HSA High School Assessment

ID Intellectual Disability

IDEA Individuals with Disabilities Education Act

IEP Individualized Education Program

IFSP Individualized Family Service Plan

IHE Institution of Higher Education (colleges/universities)

ITP Individual Transition Plan

JTA Job Training Agency

LCC Local Coordinating Council

LD Learning Disabled

LEA Local Education Agency

LPE(LMB) Local Planning Entity (Local Management Board)

LRE Least Restrictive Environment

MA Medical Assistance

MAPS Making Action Plans/McGill Action Planning System

MCIE Maryland Coalition for Inclusive Education

MDLC Maryland Disability Law Center

MECC Minnesota Educational Computer Consortium

MOP Maryland Operating Programs

MOSC Maryland Observational Screening Composite

MSA Maryland School Assessment

MSB Maryland School for the Blind (Baltimore, MD)

MSD Maryland School for the Deaf (Columbia or Frederick, MD)

MSDE Maryland State Department of Education

NASDSE National Association of State Directors of Special Education

NICHCY National Information Center for Handicapped Children/Youth

OAH Office of Administrative Hearings

OCR Office of Civil Rights

ODD Oppositional Defiant Disorder

OHI Other Health Impairment

OI Orthopedic Impairment

OSEP Office of Special Education Programs (Washington, DC)

OSERS Office of Special Education and Rehabilitative Services (Washington, DC)

OT Occupational Therapy

PDD Pervasive Developmental Disorder

PIAT Peabody Individual Achievement Test

PEITC Parent/Educator Information & Training Center (Partners for Success)

PPW Pupil Personnel Worker

PT Physical Therapy

SIEP School Individualized Education Program

SCC State Coordinating Council

SEA State Education Agency

Section 504 of the Rehabilitation Act of 1973, as amended requires services for students with

a disability who may not be eligible for Special Education and Related Services

SET Special Education & Treatment

SLD Specific Learning Disability

SOP State Operated Program

SPED Special Education

STEP Systematic Training for Effective Parenting

TA Technical Assistance

TASH The Association for the Severely Handicapped

TBI Traumatic Brain Injury

UCP United Cerebral Palsy Association

USDE United States Department of Education

VE Vocational Evaluator

VGC Vocational Guidance Counselor

VI Visually Impaired

VSST Vocational Support Service Team

WAIS-R Weschler Adult Intelligence Scale – Revised

WIAT Weschler Individual Achievement Test

WISC-III Weschler Intelligence Scale for Children – 3rd Edition

WISC-IV Weschler Intelligence Scale for Children – 4th Edition WISC-R Weschler Intelligence Scale for Children – Revised

WJ-III Woodcock-Johnson Psycho-educational Battery – 3rd Edition

WPPSI-R Weschler Preschool Primary Scale of Intelligence – Revised

WRAT-R Wide-Range Achievement Test – Revised

APPENDIX B

EDUCATIONAL ASSESSMENTS

HELP – the Hawaii Early Learning Profile

This assessment is designed for children who are developmentally delayed from birth through six years, or have disabilities, or atypical development, or are considered "at risk."

The Help Checklist provides an initial and ongoing assessment, as well as a record of each child's development. The Checklist groups 685 developmental skills/behaviors within six developmental areas:

• Cognitive • Language • Gross motor • Fine motor • Social-emotional • Self-help skills

Goals and objectives can be developed from the assessment to emphasize each child's strengths and address specific areas of need.

Brigance Diagnostic Inventory of Early Development (Yellow)

This assessment is designed to be used in programs for infants and children through the developmental level of six years. The inventory functions as an assessment instrument, provides an instructional guide, a record-keeping tracking system, information for developing an IEP, and serves as a resource for training parents and professionals.

The Inventory includes 98 skill sequences for:

• Psychomotor • Self-help • Speech and language • General knowledge and comprehension • Early academic skills

Brigance Diagnostic Comprehensive Inventory of Basic Skills (Green)

This assessment is designed to be used with students pre-k to grade 9. The inventory functions as an assessment instrument, provides an instructional guide, a record-keeping tracking system, and serves as a resource for developing an IEP. Included in the inventory are 22 skill sections arranged in developmental and sequential order.

Assessments focus on the following areas:

• Readiness • Functional word recognition • Oral reading

• Reading comprehension • Spelling • Writing • Math operations • Word problems • Reference skills

Brigance Diagnostic Inventory of Essential Skills (Red)

This assessment is designed primarily for use in secondary programs (grade 6 through adult education, serving students with special needs). It provides a means of tracking the student's mastery of skills that have been identified as essential for functioning with the greatest degree of independence as a citizen, consumer, worker, and family member.

The Inventory includes 186 skill sequences and 10 rating scales in two major areas -- basic academic skills and applied skills. Assessments focus on the following areas:

• Reading • Math • Study skills • Food and clothing • Money and finance • Travel and transportation • Communication and telephone skills • Job interview preparation • Auto safety

It is also serves as an instructional guide, a record-keeping tracking system, and provides information assisting in the development of the IEP.

Brigance Diagnostic Life Skills Inventory (Dark Blue) This inventory assesses listening, speaking, reading, writing, comprehending, and computing skills in nine life skill sections. The inventory provides information for vocational education, special education, for English Speakers of Other Languages (EOSL), and adult education programs. A “quick screen” feature contains a sampling of items from each skill area and helps to determine where the student is functioning and identifies areas where more detailed assessment is needed. Skills assessments range in difficulty from grade level 2-8. Skill areas include:

• Speaking And Listening • Functional Reading And Writing • Money And Finance • Food • Clothing • Health • Travel and Transportation

Comprehensive Test of Adaptive Behavior (CTAB-Revised)

The CTAB is a formal, criterion-referenced measure of personal care skills, home living skills, independent living skills, social skills, language skills, and general academic abilities. Its primary focus is on student performance in natural (e.g. home and community) environments. The test rates the student’s performance of critical life skills from “low” to “high,” as compared to other students with intellectual disabilities in school settings with students of the same age and gender.

The CTAB is designed to provide both descriptive and prescriptive information for students of all ages (birth to adult). A total of 527 behaviors can be assessed with females and 497 with males. Each behavior is specific, accompanied by test procedures and clear pass/no pass criteria. Besides the test manual, a parent/guardian survey is included so that information can be obtained about behaviors not observed in school.

Woodcock-Johnson III (WJ-III) Psycho-Educational Battery Tests of Achievement

The WJ-III consists of Standard, Extended, and Supplemental batteries. The various tests enable certified examiners to obtain information regarding the student’s educational strengths and needs.

TRANSITION/VOCATIONAL ASSESSMENTS

Brigance Diagnostic Inventory of Essential Skills (Red)

See page B2 above

The Transition Behavior Scale (TBS) This assessment was developed as a measure of a student's readiness for transition to employment and independent living. The scale includes 62 items, which can be observed and documented by educational personnel. The subscales assess the student's behavior in the areas of

work-related behavior, interpersonal relations, and skills needed for meeting appropriate social/community expectations.

Enderle-Severson Transition Rating Scale (ESTR Scale)

Developed to determine the student's present levels of performance in transitioning, the ESTR Scale is used with students aged 14-21 regardless of the nature of their disability. It provides six separate scores in the areas of:

• Job training • Recreation and leisure • Home living • Community participation • Post-secondary training/learning • Total performance

Analysis of individual subscale items will identify an individual student’s strengths and needs. These needs are included in IEP objectives.

CHOOSING THE RIGHT TEST

TEST AGES DESCRIPTION

ARTICULATION Apraxia Profile 3-0 to 13-0 Assesses developmental verbal apraxia Goldman-Fristoe 2 Test of Articulation 2-0 to 21-11 Assesses general articulation skills Khan-Lewis Phonological Analysis 2 (KLPS-2)

2-0 to 21-11 Examines 15 phonological processes

AUDITORY/LANGUAGE PROCESSING

Children’s Auditory Performance Scale (CHAPS)

7-0 and older Scaled questionnaire used to quantify the observed listening behaviors of children

Fisher’s Auditory Problems Checklist Normative data for K-6thgrade

Screening tool for auditory processing disorders

Language Processing Test - 3 5-0 to 11-11 Assesses the ability to attach meaning to auditory stimuli

Test of Auditory Processing Skills –3 (TAPS-3)

4-0 to 18-11 Measures word and sequential memory, interpretation of directions, discrimination, comprehension and reasoning

The Listening Comprehension Test - 2

6-0 to 11-11 Assesses how children process what they hear in the classroom

The Listening Comprehension Test - Adolescent

12-0 to 17-11 Assesses how students attend to, process, and respond to what they hear

COMPREHENSIVE LANGUAGE Clinical Evaluation of Language Fundamentals-4 (CELF-4)

5-0 to 21-0 Measures receptive/expressive language and memory (available in Spanish)

Comprehensive Assessment of Spoken Language (CASL)

3-0 to 21-0 Measures language processing skills in comprehension, expression and retrieval

Oral Written Language Scales (OWLS)

3-0 to 21-0 Assesses listening comprehension and oral expression

Test of Language Development-P:4 (TOLD-P:4)

4-0 to 8-11 Measures vocabulary, grammar & listening skills

PRAGMATICS Social Language Development Test - Elementary

6-0 to 11-11 Tests social language functioning of typically developing students on various social language tasks

Test of Pragmatic Language-2 (TOPL-2) 5-0 to 18-11 Assesses and identifies students with pragmatic deficits

Test of Problem Solving – 2 Adolescent (TOPS-2)

12-0 to 17-11 Measures problem solving and thinking skills in secondary students

Test of Problem Solving – 3 Elementary (TOPS-3)

6-0 to 12-11 Tests problem solving and critical thinking skills

PRESCHOOL Clinical Evaluation of Language Fundamentals- Preschool -2 (CELF P2)

3-0 to 6-0 Measures broad range of expressive and receptive skills

Preschool Language Scale-4 (PLS-4) Birth to 6-11 Assesses broad oral expression and listening skills (available in Spanish)

Receptive-Expressive Emergent Language Test 3 (REEL-3)

Birth to 3-0 Questionnaire format measuring receptive and expressive language

VOCABULARY/SEMANTICS (Expressive)

Expressive One Word Picture Vocabulary Test (EOWPVT)

2-0 to 18-11 Measures single word vocabulary knowledge (available in Spanish)

The WORD Test - 2 Elementary 6-0 to 11-11 Tests associations, synonyms, semantic absurdities, antonyms, definitions and flexible word use

The WORD Test - 2 Adolescent 12-0 to 17-11 Tests expressive vocabulary and semantics VOCABULARY/SEMANTICS

(Receptive)

Receptive One Word Picture Vocabulary Test (ROWPVT)

2-0 to 18-11 Measures understanding of isolated words (available in Spanish)

OTHER AUDIOMETER All ages Hearing screenings

Diagnostic Evaluation of Language Variation (DELV)

4-0 to 9-11 Identifies speech/language disorders and assesses aspects of language that are common to all varieties of English (i.e. MAE and AAE)

Functional Communication Profile-R

3-0 to adult Checklist that assesses and rates students with developmental disabilities

Riley Stuttering Severity Instrument-4

All ages Measures fluency skills

Test of Word Finding -2nd Edition (TWF-2)

4-0 to 12-0 Tests students word finding ability using four different naming sections (not currently available through Central Office)

Voice Assessment Protocol for Children and Adults

All ages Looks at pitch, rate, volume, quality, breath

PSYCHOLOGICAL ASSESSMENT TESTS

Wechsler Intelligence Scales for Children III

The WISC-III is the most widely used measure of a child’s cognitive functioning. It is for ages 6-0 through 16-11. Other Wechsler Scales are used for other ages. The WISC-III consists of two scales: Verbal and Performance, which attempt to measure two broad areas of functioning. Each scale consists of 6-7 possible subtests (13 in all). Only 5 subtests are scored to obtain a Verbal IQ and 5 subtests to obtain a Performance IQ. There are guidelines for which tests are to be used. For some tests, time plays a greater role in scoring than for others.

The verbal scales are administered orally and require an oral answer. The performance scales are visually oriented, requiring a motor response (pointing, assembling, arranging, drawing, copying). The scale score means the average performance for a normed sample of persons taking the test who are the same age as the test taker. The average scale score range is 9 to 11. However, there is also an average scale score for the individual test taker. Individual subtest scores can indicate a relative strength or weakness of one task as compared to another type task.

• Verbal Subtests

• Information: 30 questions that test the child’s knowledge about events, objects, people, and places.

• Similarities: 19 word pairs for which the child must explain the similarity of concepts. • Arithmetic: 24 arithmetic problems (no pencil or paper) which the child solves mentally. • Vocabulary: 30 words of increasing abstraction for which the child is asked to state the

meaning. • Comprehension: 18 questions requiring problem solving around social and interpersonal

problems. • Digit Span: Two parts (forward and backward). Child must repeat 3 to 9 digits in

length. (Supplemental – not included in verbal score.) • Performance Subtests

• Picture Completion: 30 everyday objects that have a missing part the child must identify. • Picture Arrangement: 15 sets of comic strip-type pictures, which the child must arrange

sequentially. • Block Design: Pictures of 12 abstract designs which the child matches by assembling red

and white blocks. • Object Assembly: 6 puzzles, which the child must fit together. • Coding: Child copies simple symbols from legend that are paired with simple geometric

shapes or numbers. • Mazes: 11 mazes of increasing difficulty require child to find a way out. (Supplemental

– not included in performance score.) • Symbol Search: The child scans a series of symbols looking for a target symbol and

marks it present or not. (Supplemental – not included in performance score.) • In addition to the Verbal, Performance, and Full Scale IQ scores, four factor-based

index scores can be calculated:

• Verbal Comprehension • Perceptual Organization • Freedom From Distractibility • Processing Speed

The WISC-III verbal, performance, and full scale IQ scores have a mean (average) of 100 and a standard deviation of 15. This means approximately two thirds of all test scores fall into the interval that is 15 points above or below the average score of 100.

The full-scale score is not an average of Verbal and Performance scores. The full scale score is arrived at by a statistical procedure that is more complex than a single average of the Verbal and Performance scores.

Scores Expressed by Range – provides a discrete score followed by a range (e.g. Verbal IQ 106 ± 8). This result means that the score would fall somewhere between 98 and 114. This result helps in reporting the more appropriate way to consider a score – the score is on a band or range rather than as a fixed number of points.

The psychologist may additionally assess the following areas: visual motor coordination, behavioral profiles, personality traits, and neuropsychological functioning. The psychologist will choose appropriate instruments to assess these areas.

Wechsler Intelligence Scales for Children IV The WISC-IV, published in 2003, replaces the WISC-III, previously the most widely used measure of a child’s cognitive functioning. The WISC-IV is used with children age 6-0 through 16-11. The WISC-IV measures a general intelligence functioning Full Scale IQ (FSIQ) and four index scores:

• Verbal Comprehension Index (VCI) • Perceptual Reasoning Index (PRI) • Working Memory Index (WMI) • Processing Speed Index (PSI)

The Verbal Comprehension Index (VCI) and Perceptual Reasoning Index (PRI) should be substituted for the Verbal IQ (VIQ) and Performance IQ (PIQ) in clinical decision-making and other situations where VIQ and PIQ were previously used or required.

The WISC-IV Composite Scores (i.e., VCI, PRI, WMI, PSI and FSIQ) are standard scores with a mean of 100 and standard deviation of 15. This means approximately two thirds of all scores fall into the interval that is 15 points above or below the average score of 100. A subtest score is a standard score with a mean of 10 and a standard deviation of 3.

Qualitative Descriptions of Composite Scores

130 and Above Very Superior 120-129 Superior 110-119 High Average 90-109 Average 80-89 Low Average 70-79 Borderline 69 and Below Extremely Low

FSIQ – The most reliable score on the WISC-IV derived from sums of scaled scores for VCI, PRI, WMI and PSI. This score is usually considered the most representative of general intellectual functioning.

VCI – A measure of verbal concept formation, verbal reasoning and verbal knowledge acquired from one’s environment.

PRI – A measure of perceptual and fluid reasoning, spatial processing and visual-motor integration.

WMI – A measure of a child’s working memory abilities: Working memory requires the ability to temporarily retain information in memory, perform some operation or manipulation with it, and produce a result.

PSI – A measure of ability to quickly and correctly scan, sequence. or discriminate simple visual information: the measure indicates a faster processing of information, which may conserve

working memory resources. PSI also measures short-term visual memory, attention, and visual- motor coordination.

The psychologist may additionally assess other areas including: visual motor coordination, adaptive behavior, behavioral profiles, personality, processing and neuropsychological functioning. The psychologist will choose appropriate instruments to assess these areas.

APPENDIX C Extended School Year:

1. INTRODUCTION

Extended School Year (ESY) services are provided as part of a free, appropriate public education (FAPE) to all students with disabilities who demonstrate a need for such services. The ESY services concept refers to the continuation of special education services beyond the mandatory 180-day school year. Such services are provided to a student with a disability to assure that benefits gained during the regular school year will not be significantly jeopardized over the summer months, without interventions.

All students may experience a loss (regression) of skills from time to time; however, a student with disabilities may experience such significant regression that, depending upon the nature and severity of the disability, it would be unlikely for the student to maintain critical life skills without the provision of ESY services.

Any student with a disability may be eligible for ESY services. The determination of such needs is made on an individual basis after a thorough review of documentation gathered by school personnel directly involved in the student's educational and/or related services program, along with the student's parent, guardian or parent surrogate. After reviewing the documentation, the team must determine if the benefits a student gains during the regular school year will be significantly jeopardized if he/she is not provided with an educational program during the summer months.

2. PURPOSE

The purpose of ESY services is to ensure that a student with a disability is provided with a continuity of educational and/or related services necessary to maintain specific, critical goals as determined in the student’s Individualized Education Program (IEP). The IEP Team is responsible for obtaining required documentation and determining whether the documentation demonstrates the required eligibility for services. ESY decisions must be made for every student who receives services through an IEP by March 15th of the school year. This timeline will allow parents the opportunity to appeal any IEP Team decision, if necessary.

3. TERMINOLOGY RELATED TO ESY Critical Life Skills – Any skill determined by the IEP Team to be critical to the student’s overall educational progress.

Degree of Progress – The IEP Team must review the expected degree of progress on IEP goals targeting critical life skills. The IEP Team must determine whether, without extended school year services, the student’s degree of progress on those IEP goals is likely to prevent the student from receiving some educational benefit from the educational program during the regular school year.

Emerging Skills/Breakthrough Opportunities – The IEP Team determines whether any IEP goals targeting critical life skills are at a breakthrough point. At this point, the IEP Team determines whether the interruption of instruction on the critical life skills caused by the school break is likely to prevent the student from receiving some educational benefit from educational program during the regular school year without extended school year services.

Extended School Year (ESY) Services – An individualized extension of specific services beyond the regular school year that are designed to meet specific goals included in a student’s IEP. ESY services will vary in intensity, location, inclusion of related services, and length of time, depending upon the student’s needs. ESY services are provided as part of a free, appropriate public education in accordance with a student’s IEP, at no cost to the parents.

Interfering Behaviors – The IEP Team determines whether any interfering behaviors, such as stereotypic, ritualistic, aggressive or self-injurious behavior(s), targeted by IEP goals would have prevented the student from receiving some benefit from the educational program during the regular school year. Or the team determines whether the interruption of programming for any of these interfering behaviors is likely to prevent the student from receiving some benefit from the educational program without extended school year services.

Nature and/or Severity of the Disability – The IEP Team determines whether, without extended school year services, the nature and/or severity of the student’s disability is likely to prevent the student from receiving some benefit from the educational program during the regular school year.

Regression/Recoupment – The IEP Team determines whether, without extended school year services, there is a likelihood of substantial regression of critical life skills caused by the school break that would result in the failure to recover those lost skills in a reasonable time following the school break.

• Regression is a substantial loss of any critical life skill. Some degree of loss in skills typically occurs with all students during normal school breaks and would not be considered substantial.

• Recoupment is the ability to recover a loss of skills in a reasonable time following a

normal school break. Most non-disabled students recoup skills within 60 calendar days. Reasonable recoupment rates vary among individuals based on individual

learning styles and accordingly, the rate of recoupment for students with disabilities may also vary.

Special Circumstances – The IEP Team determines whether, without ESY services, there are any special circumstances that will prevent the student from receiving some benefit from the educational program during the regular school year.

Significantly Jeopardized – The IEP Team is to document the consideration of factors and the outcome of those considerations in determining whether or not the benefits and gains made during the regular school year will be significantly jeopardized if the student is not provided extended school year services.

Summer School – In contrast to ESY, summer school programs are optional and voluntary programs that provide enrichment or reinforcement activities. Summer school is not required for a FAPE. ESY services could be provided in combination with existing summer school programs, if such programs are available.

4. LIMITATIONS ON ESY SERVICES

The intent of ESY services is to ensure that students with disabilities who demonstrate significant regression and unreasonable periods of recoupment, because of an interruption in traditional special education and related services, are provided additional instruction to meet their needs during the summer break. ESY is not:

• a mandated twelve-month services program for all student with disabilities; • a child care service; • necessarily a continuation of the total individualized educational program provided a

student with disabilities during the regular school year; • required to be provided all day, every day, or each day during the year; • an automatic program provision from year to year; • intended to teach new skills, or to increase progress on instructional objectives; • a service available by broad categories of students; services are based on individual

student need; nor • a service to be provided to maximize each student's potential.

5. ELIGIBILITY

Any student with a disability may be eligible for ESY services. The determination of such needs is made on an individual basis after a thorough review of documentation gathered by school personnel directly involved in the student's educational and/or related services program, along with the student's parent.

6. FACTORS TO BE CONSIDERED

The following factors should be considered when determining the need for ESY services. Refer to the listing of definitions for clarification.

• Regression/Recoupment • Degree of progress

• Emerging skills/breakthrough opportunities • Interfering behavior • Nature and/or severity of the student's disability • Special circumstances

After considering these factors, the IEP Team needs to determine whether or not the benefits and gains made during the regular school year will be significantly jeopardized if the student is not provided ESY.

7. PARENT INVOLVEMENT

Parents will be notified on an annual basis regarding the recommendation for ESY services. Parents will be informed of their right to discuss the services, eligibility requirements, and the desire of FCPS for them to provide any data that would be helpful in the team decision-making process. At the annual IEP Team meeting, the ESY decision should be addressed by completing the ESY section of the Maryland Online IEP (OIEP) under Part III, Special Considerations and Accommodations. Complete all of the questions on the form and document discussion of “yes” answers. Document the basis for the ESY decision at the bottom of the form. The ESY decision may be made at any IEP meeting during the school year, but must be addressed prior to March 15 to allow the parents time to access their due process rights should they disagree with the decision.

8. QUALIFYING STUDENTS FOR ESY

Please review the Extended School Year (ESY) Process Checklist on the following page prior to scheduling IEP team meetings that will involve ESY decisions.

9. Extended School Year (ESY) Process Checklist Please review this entire process prior to scheduling ESY meetings to determine if a Special Education Coordinator (or designee) attend to finalize the ESY decision at the School IEP (SIEP) Team meeting. The process for documenting the ESY decision on the OIEP and the ESY internal monitoring process is also included in this checklist. * Please check the Special Education section on fcpsteach.org to determine if updates have been made to this information:

• ESY must be discussed annually (before March 15) for every student who has an IEP.

This decision can be incorporated into an annual review, or, if the annual is held early in the school year and an informed decision cannot be made, the decision can be deferred until the spring. All deferred decisions must be addressed prior to March 15. A separate ESY meeting may be necessary for students with annual reviews scheduled late in the school year. All school personnel involved in making ESY decisions should view the ESY video (2006 version) prior to attending IEP team meetings where ESY will be discussed.

• The ESY page of the OIEP, Section III, Special Consideration and Accommodations,

must be completed for each student. Refer to the ESY section of the IEP Process Guide for guidance related to this page.

• Recommendations for ESY services for special education pre-school students may be

made by the SIEP team without a central office staff member present. These students must demonstrate the need for ESY services based on the factors discussed on the ESY section of the OIEP. All pre-school students will not necessarily qualify for ESY services.

• If the student received ESY services on the previous IEP, the SIEP team may recommend

the same or less service without a central office staff member present if the student demonstrates the need for ESY services based on the factors discussed on the ESY section of the OIEP. (Previous ESY services do not automatically indicate a need for future ESY services). If students participated in special education pre-k during previous ESY sessions and are now enrolled in kindergarten, please consult with your coordinator before making the ESY decision.

• If the SIEP Team is recommending ESY services and the student has not received

services in the past, OR

the SIEP Team is considering an increase in services offered, OR

the SIEP Team is considering adding a new service, THEN

the student’s case manager must invite a Special Education Coordinator or designee to the SIEP Team meeting by contacting the Office of Special Education.

• The appropriate service providers must be present to recommend ESY services (Occupational Therapist, Physical Therapist, Speech/Language Pathologist, Vision Specialist, Hearing Specialist) at all meetings.

• If there is insufficient information to make an informed decision and the ESY decision

must be deferred, click the ESY Decision Deferred button at the top of the ESY page. Then click the “no” radio button for each of the IEP goals when it asks if it is an ESY goal. Only use Decision Deferred if the team feels more information is needed before the ESY decision can be made.

• If ESY is not recommended, answer each question on the ESY page, then click “NO,

student will not receive ESY service” and document the basis for decision at the bottom of the page. Click the “no” radio button for each IEP goal when it asks if it is an ESY goal.

• If ESY is recommended, answer each question on the ESY page, indicate “YES, student

will receive ESY service” and document the basis for decision at the bottom of the page. Then consider each IEP goal related to the ESY discussion. Indicate those goals to be addressed during ESY by selecting the “yes” radio button for the goal. (Remember that only goals that are essential should be selected for ESY.) Select the “no” radio button for all other goals.

• If ESY services have been recommended, fully complete the ESY services section of the

OIEP. This section includes: number of sessions, frequency, length of time, total service time, ESY service date, ESY primary provider and ESY Other Provider(s). Please verify that the “total service time” reflects the amount of ESY Service recommended by the IEP team. If the student is being recommended for a special program, please check with your special education coordinator to verify the hours for that program. Record all recommended ESY services on the ESY Log for your school.

• If deferred ESY decisions are being finalized in an approved IEP, the case manager can

access the ESY section without creating an amendment. The case manager should go to the Active IEP, click on Special Considerations and Accommodations and access the ESY section of the OIEP. The IEP decision should then be recorded as either “yes” or “no” and complete the “Document basis for decision(s)” section. If ESY is recommended, then choose the ESY goals by clicking the “yes” radio button for each ESY goal. Document the services for ESY on the Services section of the OIEP (see previous bullet).

• If a special education student requires special transportation to access the ESY services,

complete the ESY Special Transportation Referral Form. Note that locations of special programs change from year to year. Do not indicate the location of a special program unless it has been confirmed by a Special Education Coordinator or designee. All ESY Special Transportation forms must be sent directly to the transportation office. Current cut-off dates and transportation fax numbers are noted on the top of the form.

10. ESY Internal Monitoring

• School personnel will generate ESY Logs for each school. Information on these logs should be verified with the OIEP tool and updated quarterly. One set of ESY logs should be developed for each school. (Special Programs within the school should have separate logs.) Special Education team leaders/department heads must submit final ESY logs for each school to the Special Education Coordinator by March 30.

• All ESY decisions must be completed by March 15. All ESY information must be

documented on the OIEP and the ESY Log and sent to the special education coordinator at central office by March 30.

11. Reminders:

ESY Important Reminders

• Students who participate in Corrective Reading or Horizons reading interventions may

qualify for ESY, but only if they also meet the ESY criteria listed on the ESY section of the IEP. If they do qualify, they will not receive a continuation of the program. Review lessons and activities have been developed to help students maintain skills. These lessons will not move them ahead in the scheduled lessons. Students in these programs who qualify should typically be recommended for up to 2 hours of service per week during ESY. This should be listed as two, one hour sessions per week, because special education teachers work as itinerants during ESY and are not in each building every day. If you are considering referring students who receive other reading interventions, please consult with your Coordinator prior to making the recommendation. If math goals are also designated as ESY goals, additional time should be allocated (typically .5 hours/week for 1-3 goals). Reading, Math and Written language information must be completed on the ESY log.

• If you are recommending ESY for the first time, or if you are increasing services, you

must invite your Coordinator to the meeting when the recommendation will be discussed. SLPs should invite Central Office Speech staff for new or increased Speech recommendations.

• When designating ESY goals, choose only the goals that meet the ESY criteria. Consider

the number of goals and objectives that need to be addressed when determining the amount of ESY service time.

• ESY Special Transportation forms should be sent directly to the transportation office.

Special Education leaders in each building should check forms for accuracy prior to sending these forms.

• Make sure that ESY teachers are provided a copy of BIPs for students who will attend

ESY. ESY teachers will contact team leaders or case managers to obtain copies of BIPs.

APPENDIX D Medical Assistance/Autism Waiver:

1. Medical Assistance (MA) Medical Assistance is a payment for public and private providers of assessment, evaluation, and health related services that are available to public school systems for eligible students with disabilities. The purpose of the program is to obtain reimbursement for eligible services provided by FCPS. This funding source is critical to the special education budget. (See Regulation 400-71 for additional information.) Medical Assistance eligibility must be determined at a student’s initial IEP Team meeting and verified at each annual IEP Team meeting thereafter. Once eligibility has been determined, the case manager should then obtain an MA:2 form signed by the parent or guardian during the IEP Team meeting. This form must be submitted annually to the Medical Assistance Specialist. For each month that the student has received service from the eligible service provider, an MA:1 and MA:3 form must be completed and submitted to the Medical Assistance Specialist. Separate MA:1 and MA:3 forms should be completed for each eligible service provider. The forms must be sent to the Medical Assistance Specialist monthly. To view these forms and directions for completion of specific items, see Section 15, Forms.

2. Medical Assistance Flow Chart

Ask parents at Screening IEP Team Meeting if their child has medical assistance number or is eligible.

IF NO IF YES

END

Have parent sign MA: 2 permission form, ask to make a copy of MA card or record MA # or SS#.

IF NO IF YES

All Special Education Services should be recorded on the IEP.

May not collect for Special Education Services. Please inform the Medical Assistance Specialist when a parent refuses to sign. Complete MA: 1 if Speech/Language is

indicated on the IEP, make a copy for the blue folder and send original to the MA Coordinator.

Each month, Service Coordinator completes the MA: 3 with attached documentation, make copy for the blue folder and send original to the MA Specialist.

IF THEN

Student has private insurance and Medical Assistance

Submit MA: 2 to MA Specialist for verification.

No response to letter for Service Coordination

Cannot Bill; pursue signature for service coordination.

Student has medical assistance number Complete all applicable forms monthly.

More forms are needed Request forms from the MA Specialist (301-644-5302).

Totally confused Call the MA Specialist (301) 644-5302

Student has REM (rare and expensive medical Care)

Do not bill for anything.

3. Autism Waiver The Autism Waiver through Medical Assistance is responsible for coordinating services for eligible children with Autism Spectrum Disorder to support them in their homes and communities. In Frederick County MD, the service coordinator of the ARC of Frederick County will contact the Special Education case manager to initiate an Autism Wavier eligibility/re- determination meeting. Questions concerning this process should be directed to the Department of Special Education.

4. State Reporting The state reporting information contains records for all students who have an active IEP. This data is taken directly from the online IEP (OIEP) tool.

Record keeping begins when a student is first identified and found eligible for special education services by the IEP Team. Records are maintained throughout the student’s enrollment in special education. IEP Team decisions that change the IEP are reflected in changes made to the OIEP. When a student is no longer receiving special education services from FCPS, they must be exited from the OIEP. Graduating seniors must be exited by June 30th of their graduation year.

Federal appropriation of funds to FCPS’ special education program is contingent upon state reporting information. It is imperative that our data in the OIEP accurately reflects every student receiving special education services.

Case managers are expected to update IEPs on a continuing basis throughout the school year. October 31st is the critical date for reporting census data to the Maryland State Department of Education.

APPENDIX E

Transition from One School Level to the Next Level (ES to MS to HS): 1. Move-up

Move up is the process of assuring a smooth transition for students as they move from elementary to middle school or from middle to high school.

Articulation meeting refers to a meeting held between the sending and receiving schools to begin the articulation process.

The Articulation Meeting Report Grades 5 & 8 (SE:26) is used for the move-up process. This form is completed by the sending school prior to the articulation meeting, with the exception of the projected special education hours and the projected environment. These areas are completed at the articulation meeting.

2. Process

• Annual reviews are conducted at the sending school. • Receiving school does not attend the annual review at the sending school. • IEPs are written for one year, based on the student’s individual needs. • Information should be given to parents at the annual review regarding possible

orientation opportunities available at the receiving school (i.e., back-to-school night, Spring Fling).

• Prior to the annual review, teachers from both sending and receiving schools are encouraged to visit the programs in their feeder pattern.

• If a reevaluation is due for a fifth or eighth grade student prior to December 1, the sending school needs to complete the evaluation by the end of the school year, according to established timelines.

3. Articulation Meeting

Articulation meetings:

• Hold in December or January; • Allow sufficient time to discuss the needs of each student individually; • Use support funds, if necessary, for substitutes.

At the articulation meeting:

• Representatives from both schools, including special education case managers, should be present. Representatives may include:

o Administration o School Support o Counselor o Reading Teacher/Specialist o Speech/Language Pathologist o Related Service Providers, as appropriate (i.e., OTs, PTs)

• Prior to the articulation meeting, the sending school completes the Articulation Report except for the Projected Information. Comments may be filled in or left blank for the receiving school to write notes.

• The sending school should inform the receiving school of any students who require MAPs meetings.

• When the confidential blue folders are given to the receiving school (by May 15th), a follow-up articulation meeting should coincide with this delivery to update student information.

APPENDIX F Reference Guides for IEP Meetings:

1. SCREENING IEP TEAM MEETING CHECKLIST

Before the Meeting

Check master calendar for date.

The following information should be gathered prior to meeting date for each area of suspected disability: • Screening Referral form (SE:1A) • Student Services Team (SST) documentation • Existing data • Observations by teachers or related service providers • Classroom-based assessments • Work samples • Attempted interventions and data reflecting the student’s response.

Send out Notice of IEP Team Meeting (SE:6)

• Parents should receive the notice at least ten calendar days before the meeting. • Check “Purpose”: “Review screening information and determine if an evaluation is

needed.” • Include Procedural Safeguards: Parental Rights (OR:10) with the notice.

Confirm parent attendance. If confirmation is not received, three attempts must be made to verify parental attendance. Document the three attempts on the Contact Log (SE:24) or on the IEP Team Notification (SE:6). If the parent is unable to attend and requests that the meeting be rescheduled, every attempt should be made to find a mutually agreeable date, document each attempt.

Bring to meeting:

• IEP Team Meeting Report (SE:7), pages 1, 2, 3 • Parental Consent for Evaluation & State Reporting (SE:2) (in the event that

assessments are recommended)

2. SCREENING IEP TEAM MEETING AGENDA 1. Welcome and Introduction – Welcome the family and others. Begin with the introduction of

the chairperson and then proceed to introduce each IEP Team member. 2. Purpose/Overview of Meeting – Review the agenda for the meeting.

3. Procedural Safeguards: Parental Rights (OR:10)

• Parental rights booklet must be sent home to parents with the notification for

screening IEP Team Meeting. • Explain that this book details all rights to which the parents and the student are

entitled. • Suggest that if they have not already done so, parents may wish to read the book

carefully at their convenience. • Offer to answer any questions the parents may have. • The parent must sign the receipt found in the back of the booklet. Signature page

should be kept in the left pocket of the confidential blue folder. • Parents should be informed of their right to appeal any decisions made by the IEP

Team to the Supervisor of Special Education. 4. Educational History – Review the student’s educational history, including:

• Grades • Attendance • Classroom performance as reported by classroom teacher • Interventions attempted and responses to interventions • Parental input • And other pertinent information

5. Complete the optional Student Profile (SE:5A).

6. Establish consensus on the need to complete assessments. If IEP Team determines that

assessments are to be completed:

• Obtain written consent for evaluation using Parental Consent for Evaluation and State Reporting (SE:2).

• Inquire about Medical Assistance and complete the forms (MA:1, MA:2), if appropriate.

7. Have parents sign the IEP Team Meeting Report (SE:7) as a participant, and sign and date

indicating:

• That they have been informed of their parental rights; and • That they are in agreement with the recommendations of the IEP Team.

Time Lines for Procedures The IEP Team must complete an evaluation of a student and hold the Eligibility IEP Team Meeting within 90 calendar days of the date on the written Screening Referral (SE:1), or the date of the receipt of a written parent request for evaluation.

After the Meeting

Send parents the documentation if they were unable to attend and obtain signatures, as

appropriate (Parent Notification of IEP Recommendations, SE:7A). Contact parents to obtain parental consent, if appropriate.

Complete and submit any referrals for assessments (i.e., Request for Psychological Evaluation, CR:56)

Complete assessments and write reports.

Schedule IEP Team meeting to review assessments within the 90 calendar days.

3. EVALUATION/ELIGIBILITY IEP TEAM MEETING CHECKLIST Before the Meeting

Check master calendar for date.

Ensure the following assessments and reports (as recommended by the IEP Team) are completed: • Educational • Psychological • Speech/Language • Occupational therapy (OT) • Physical Therapy (PT) • Other:

Assessment/eligibility reports must be given to parents in advance of IEP Team meetings so that the parent has an opportunity to review the reports and participate meaningfully in the IEP Team meeting.

In addition, gather the following information:

• Current work samples • Grades • Other data, as appropriate

Send out Notice of IEP Team Meeting (SE:6)

• Parents should receive the notice at least 10 days before meeting. • Check “Purpose”: “Review assessment data and determine if a disability exists.” • If a draft IEP has been developed prior to the meeting, check “Development of an

IEP” (DO NOT SEND DRAFT IEP HOME!) • Check “Determine an appropriate placement, based on the IEP.”

Confirm parent attendance. If parents are unable to attend, every attempt needs to be made to reschedule. Document the three attempts on the Contact Log (SE:24).

Bring to meeting:

• IEP Team Meeting Report, pages 1, 2, 3, 4 (SE:7) • Written assessment reports • IEP Team Eligibility reports, as appropriate • Other documentation, as appropriate (i.e., medical diagnosis provided by physician)

4. EVALUATION/ELIGIBILITY IEP TEAM MEETING AGENDA 1. Welcome and Introduction – Welcome the family and others. Begin with the introduction of

the chairperson and then proceed to introduce each IEP Team member. 2. Purpose/Overview of Meeting – Review the agenda for the meeting.

3. Procedural Safeguards: Parental Rights (OR:10)

• Parental rights booklet must be offered to parents. • Explain that this book details all rights to which the parents and the student are

entitled. • Suggest that if they have not already done so, parents may wish to read the book

carefully at their convenience. • Offer to answer any questions the parents may have. • Check that there is a signed receipt. • Parents should be informed of their right to appeal any recommendations made by the

IEP Team to the Supervisor of Special Education. 4. Review all assessments.

5. Review classroom observation, if applicable.

6. Review progress in essential curriculum, including grades, work samples, portfolio, etc.

7. Review parent and teacher input.

8. Discussion:

• Complete the optional Student Profile (SE:5A) including summary of assessments listed on back.

9. Determine existence of an educational disability and eligibility for special education services.

Complete eligibility reports, as appropriate. (See Section 5 for additional information regarding documentation needed to establish disability.)

10. If the child is determined to be eligible for special education, inform parents of the right to a

separate IEP Team meeting for development of the IEP, if they so desire. If they elect to have a separate IEP Team meeting, discontinue meeting and schedule an IEP Team meeting with ten-calendar day written notice to parents. The meeting must be held within 30- calendar days of the eligibility meeting. If the parent does not want a separate IEP Team meeting and waives the right to ten-day prior written notice, proceed to “Initial IEP Team Meeting”.

11. Have parent sign IEP Team Meeting Report (SE:7) as participant and that:

• They have been informed of their parental rights; • They have been informed of the results of any assessments discussed;

• They have been informed of their right to a separate IEP Team meeting to develop the IEP;

• They are in agreement with the recommendations. After the Meeting

If student is eligible for special education, create a confidential blue folder.

Check to make sure IEP Team meeting is scheduled within 30-calendar days if parents request a separate meeting.

Send parents the Parent Notification of IEP Recommendations (SE:7A) if parent was unable to attend, and obtain signatures, as appropriate.

Begin collecting data and collaborating with general educators to develop the draft IEP.

5. INITIAL IEP TEAM MEETING CHECKLIST

Before the Meeting

Check master calendar for date Collaborate with general education teachers:

• Discuss strengths and needs • Collect baseline data • Develop draft of the IEP goals and objectives

Send out Notice of IEP Team Meeting (SE:6)

• Parents should receive the notice at least 10 days before meeting. • Check “Purpose”: “Develop an IEP” and “Determine an appropriate placement based

on the approved IEP”.

Confirm parent attendance. If confirmation is not received, three attempts must be made to verify parental attendance. Document the three attempts on the Contact Log (SE:24) or on the IEP Team Notification (SE:6). If the parent is unable to attend and requests that the meeting be rescheduled, every attempt should be made to find a mutually agreeable date.

Bring to meeting:

• IEP Team Meeting Report, pages 1, 2, 3, 4 (SE:7) • Draft IEP (computer version or SE:8, SE:8A, or SE:8B, as applicable)

6. INITIAL IEP TEAM MEETING AGENDA 1. Welcome and Introduction – Welcome the family and others. Begin with the introduction of

the chairperson and then proceed to introduce each IEP Team member. 2. Purpose/Overview of Meeting – Review the agenda for the meeting.

3. Procedural Safeguards: Parental Rights (OR:10)

• Parental rights booklet must be offered to parents. • Explain that this book details all rights to which the parents and the student are

entitled. • Suggest that if they have not already done so, parents may wish to read the book

carefully at their convenience. • Offer to answer any questions the parents may have. • Check that there is a signed receipt. • Parents should be informed of their right to appeal any recommendations made by the

IEP Team to the Supervisor of Special Education. 4. Consider when developing an IEP:

• Parental concerns; • The results of the student’s performance on any district and/or state assessments; • The student’s strengths; • If there are behavioral concerns, address positive behavioral supports and strategies

(i.e., behavior intervention plan); • If the student has limited English proficiency, language needs should be addressed; • If the student is blind or visually impaired, consider instruction in the use of Braille; • If a student is deaf or hearing impaired, consider the child’s language and

communication needs, including opportunities for direct communication in the child’s language and communication mode.

• The need for assistive technology devices and services. 5. Discuss draft IEP.

• For students who will reach age 14 during the time the IEP is in effect, the team should come to consensus on a transition plan, obtaining input from all team members.

• Reach consensus on annual goals and objectives, obtaining input from all team members.

• Have parents sign the IEP indicating that they are in agreement with the goals and objectives of the IEP.

6. Discuss classroom and test accommodations/modifications, including justifications for those

recommendations. 7. Discuss the services needed to implement the approved IEP goals and objectives. Reach

consensus on hours of service required to implement the IEP.

8. Discuss the appropriateness of Extended School Year (ESY). The final decision for ESY must be made by April 15th.

9. Identify placement.

10. Determine whether this is the least restrictive environment and state why less restrictive

options are inappropriate. 11. Consider more restrictive options.

12. Document that the educational benefit of the placement outweighs any potential harmful

effects for the student. 13. Ensure that the IEP cover sheet accurately reflects the recommendations of the IEP Team.

14. Have the parent sign the IEP indicating agreement with the placement decision.

15. Determine whether the student is eligible for medical assistance.

16. Discuss graduation status (beginning at age 9).

17. Have parent sign IEP Team Meeting Report as participant and, as appropriate, that:

• They have been informed of their parental rights; • They have been informed of the results of any assessment(s) identified, as

appropriate; • They have been informed of their right to a separate meeting to develop the IEP (if

eligibility and initial IEP meeting are one meeting); • They are in agreement with the recommendations of the IEP Team; and • They approve the IEP.

After the Meeting

• Provide information regarding the student’s IEP to all staff working with the student. • Send Parent Notification of IEP Team Recommendations (SE:7A), if parent was

unable to attend, and obtain signatures, as appropriate. • Plan for implementation of IEP as soon as possible.

7. ANNUAL REVIEW IEP TEAM MEETING CHECKLIST Before the Meeting

Check master calendar for date.

Collaborate with general education teachers.

• Discuss strengths/needs • Collect data on student progress/performance • Develop draft of the IEP goals/objectives

Send out Notice of IEP Team Meeting (SE:6) and draft of IEP.

Parents should receive the notice at least 10-calendar days before meeting.

Check “Purpose”: “Provide an annual review or a review of the program, revise the IEP, if necessary, and review program and placement”.

Confirm parent attendance. If confirmation is not received, three attempts must be made to verify parental attendance. Document the three attempts on the Contact Log (SE:24) or on the IEP Team Notification (SE:6). If the parent is unable to attend and requests that the meeting be rescheduled, every attempt should be made to find a mutually agreeable date.

Bring to meeting:

• IEP Team Meeting Report (SE:7), pages 1, 2,3, and 4, as appropriate • Draft IEP • Current IEP with progress codes recorded for the year • Data supporting current IEP goals

8. ANNUAL REVIEW IEP TEAM MEETING AGENDA 1. Welcome and Introduction – Welcome the family and others. Begin with the introduction of

the chairperson and then proceed to introduce each IEP Team member. 2. Purpose/Overview of Meeting – Review the agenda for the meeting.

3. Procedural Safeguards: Parental Rights (OR:10)

• Parental rights booklet must be offered to parents. • Explain that this book details all rights to which the parents and the student are

entitled. • Suggest that if they have not already done so, parents may wish to read the book

carefully at their convenience. • Offer to answer any questions the parents may have. • Check that there is a signed receipt. • Parents should be informed of their right to appeal any recommendations made by the

IEP Team to the Supervisor of Special Education. 4. Review progress since the previous annual review.

• Review current IEP. Be sure to document which goals and objectives have been mastered and which goals and objectives are being carried over to the next IEP.

• Review current progress in the Essential Curriculum. This review may include the most recent report card, progress reports from teachers, and, if applicable, a discipline summary.

5. Discuss draft IEP.

• For students who will reach age 14 during the time the IEP is in effect, reach consensus on the transition plan, obtaining input from all team members.

• Reach consensus on annual goals and objectives obtaining input from all team members.

• Have parents sign the IEP indicating their agreement with the goals and objectives of the IEP.

6. Determine appropriate classroom modifications and instructional/assessment

accommodations, including a justification statement. 7. Discuss the services needed to implement the IEP goals and objectives. Reach consensus

regarding hours of service(s) required to implement the IEP. 8. Discuss the appropriateness of Extended School Year (ESY). The decision for ESY must be

made annually by March 15th. 9. Determine placement.

10. Determine whether this is the least restrictive environment and state why less restrictive

options are inappropriate.

11. Consider more restrictive options. 12. Document that the educational benefit of the placement outweighs any potential harmful

effects for the student. 13. Ensure that the IEP cover sheet accurately reflects the recommendations of the IEP team.

14. Have the parent sign indicating agreement with the placement decision.

15. Determine whether the student is eligible for Medical Assistance.

16. Discuss graduation status (beginning at age 9).

17. Determine whether the Reevaluation will be due within the next 90 days.

• If reevaluation is due, determine which assessments need to be completed and obtain written permission to test (Parental Consent for Assessment & State Reporting (SE:2).

18. Have parent sign IEP Team Meeting Report (SE:7) as participant, and that the parent:

• has been informed of their parental rights; • is in agreement with the recommendations; and • approves the IEP.

After the Meeting

Send Parent Notification of IEP Recommendations (SE:7A), if parent was unable to

attend, and obtain signatures, as appropriate.

Provide information regarding the student’s IEP to all staff working with the student.

Plan for implementation of IEP as soon as possible.

9. REEVALUATION IEP TEAM MEETING CHECKLIST Before the Meeting

Determine the reevaluation date. Consult with school psychologist prior to the meeting

to determine need for updated psychological assessment.

An IEP Team meeting must be scheduled no later than 90 days prior to the reevaluation date to determine the need for assessments, and to obtain parental consent, if appropriate.

Check master calendar for meeting date.

Invite related service providers, (OT, PT, psychologist, speech-language pathologist), as appropriate.

Gather data related to student progress:

• Information provided by the parent • Classroom-based assessments and observations • Curriculum-based assessments • Checklists • Informal assessments • Work samples • Information from general educators (Student Progress Reports)

Send out Notice of IEP Team Meeting (SE:2) at least ten days prior to the date of the meeting. • Check “Purpose”: “conduct a reevaluation to determine the need for assessments,

revise the IEP, if necessary, and review program and placement”.

Confirm parent attendance. If confirmation is not received, three attempts must be made to verify parental attendance. Document the three attempts on the Contact Log (SE:24) or on the IEP Team Notification (SE:6). If the parent is unable to attend and requests that the meeting be rescheduled, every attempt should be made to find a mutually agreeable date.

Bring to meeting:

• IEP Team Meeting Report (SE:7), pages 1, 2,3, and page 4, if applicable • Prior assessment reports • Optional Student Profile (SE:5A) • IEP Team Eligibility Report, as appropriate • Parental Consent for Evaluation and State Reporting(SE:2)

10. REEVALUATION IEP TEAM MEETING AGENDA 1. Welcome and Introduction – Welcome the family and others. Begin with the introduction of

the chairperson and then proceed to introduce each IEP Team member. 2. Purpose/Overview of Meeting – Review the agenda for the meeting.

3. Procedural Safeguards: Parental Rights (OR:10)

• Parental rights booklet must be offered to parents. • Explain that this book details all rights to which the parents and the student are

entitled. • Suggest that if they have not already done so, parents may wish to read the book

carefully at their convenience. • Offer to answer any questions the parents may have. • Check that there is a signed receipt. • Parents should be informed of their right to appeal any recommendations made by the

IEP Team to the Supervisor of Special Education. 4. Review The data regarding student progress and prior assessments. Complete the optional

Student Profile (SE:5A) including summary of assessments listed on the back. 5. Determine whether further assessments are needed.

11. SCENARIO #1 – The IEP Team determines that further assessments are needed:

6. Identify what assessments will be conducted.

7. Obtain written permission on Parental Consent for Evaluation and State Reporting form

(SE:2) prior to conducting assessments. 8. Have parent sign the IEP Team Meeting Report (SE:7) as participant, and that:

They have been informed of their parental rights; They are in agreement with the recommendations.

After the Meeting

Send parents Parent Notification of IEP Recommendations (SE:7A) if parents were

unable to attend, and obtain signatures, as appropriate.

Obtain signatures on Parental Consent for Evaluation and State Reporting form (SE:2). Complete and submit any referrals for assessments [i.e., Request for Psychological Evaluation, (CR:56)].

Complete assessments and write reports.

Schedule IEP Team meeting to review assessments within 90 calendar days.

12. SCENARIO #2 – The IEP Team determines that no further assessments are needed: 6. Determine existence of an educational disability and eligibility for special education services.

7. Complete eligibility reports, as appropriate. (See Section 5 of Special Education Handbook)

for additional information regarding documentation needed to establish eligibility. 8. If a student is determined to no longer be eligible to receive special education services,

document as such in the IEP Team Meeting Report and follow exiting requirements. 9. If it is determined that the student continues to be eligible to receive special education

services, review and/or revise the IEP. Reevaluation IEP Team meetings and Annual Review IEP Team meetings may be combined, when appropriate.

13. REEVALUATION ASSESSMENT REVIEW/ELIGIBILITY IEP TEAM MEETING CHECKLIST

Before the Meeting

Check master calendar for date.

Ensure the following reevaluation and reports (as recommended by the IEP Team) are completed: • Educational • Psychological • Speech/Language • Occupational therapy (OT) • Physical Therapy (PT) • Other:

Assessment/eligibility reports must be given to parents in advance of IEP Team meetings so that the parent has an opportunity to review the reports and participate meaningfully in the IEP Team meeting.

In addition, gather the following information:

• Current work samples • Grades • Other data, as appropriate

Send out Notice of IEP Team Meeting (SE:6)

• Parents should receive the notice at least 10 days before meeting. • Check “Purpose”: “Conduct a reevaluation, review assessment data, revise the IEP,

and review program and placement.” • If an annual review is also being conducted, check “Develop an IEP” and “Determine

an appropriate placement, based on the IEP.”

Confirm parent attendance. If parents are unable to attend, every attempt needs to be made to reschedule. Document the three attempts on the Contact Log (SE:24) or on the IEP Team Notification (SE:6). If the parent is unable to attend and requests that the meeting be rescheduled, every attempt should be made to find a mutually agreeable date.

Bring to meeting:

• IEP Team Meeting Report (SE:7) pages 1, 2, 3, and 4, as appropriate. • Written assessment reports • IEP Team Eligibility Reports, as appropriate • Draft IEP, as appropriate • Data related to student progress • Other documentation, as appropriate (i.e., medical diagnosis provided by physician)

14. REEVALUATION ASSESSMENT REVIEW/ELIGIBILITY IEP TEAM MEETING AGENDA

1. Welcome and Introduction – Welcome the family and others. Begin with the introduction of

the chairperson and then proceed to introduce each IEP Team member. 2. Purpose/Overview of Meeting – Review the agenda for the meeting.

3. Procedural Safeguards: Parental Rights (OR:10)

Parental rights booklet must be offered to parents. Explain that this book details all rights to which the parents and the student are entitled. Suggest that if they have not already done so, parents may wish to read the book carefully

at their convenience. Offer to answer any questions the parents may have. Check that there is a signed receipt. Parents should be informed of their right to appeal any recommendations made by the

IEP Team to the Supervisor of Special Education. 4. Review all assessments.

5. Review classroom observation, if applicable.

6. Review progress in essential curriculum, including grades, work samples, portfolio, etc.

7. Review parent and teacher input.

8. Determine existence of an educational disability and eligibility for special education services.

Complete eligibility reports, as appropriate. (See Section 5 for additional information regarding documentation needed to establish disability.)

9. If it is determined that the student continues to be eligible for special education services,

review and revise the draft IEP. If this meeting is also an Reevaluation IEP Team meeting, and an annual review, the meetings can be combined, when appropriate.

10. Ensure that parents sign the IEP Team Meeting Report (SE:7) as participant and that: They have been informed of their parental rights; They have been informed of the results of any assessments discussed; They are in agreement with the recommendations; They approve the IEP.

15. MANIFESTATION DETERMINATION (FOR STUDENTS SUSPENDED IN EXCESS OF 10 SCHOOL DAYS)

1. The Special Education Coordinator, or designee must participate in this IEP meeting. Reg. No.

400-17 must be followed and the manifestation determination worksheet completed.

16. PRESENT LEVEL OF PERFORMANCE

There should be a present level of performance paragraph for each area of need listed on the IEP.

Each present level of performance should contain the following: • A sentence that provides quantitative information, if available, (i.e. standard scores from

standardized testing). If no quantitative information is available, data (collected from observations) should be included.

• The paragraph should include a description of the student’s areas of need as they relate to the quantitative and qualitative data you have on the student. This data will guide the writing of goals and objectives for the student.

• There should be a sentence that describes an area of strength.

The following are guidelines for common areas of need used in IEPs.

• Written Language: The first sentence provides a standard score for the area measured. Then add a functional description, such as, “Tim can compose a three sentence paragraph on a self- selected topic with 75% accuracy, and correct ending punctuation”. Give examples of specific deficits (e.g., “He does not consistently follow capitalization rules”). There should be a positive statement, such as, “The ideas Tim attempts to convey in his writing are very creative and often insightful.”

• Social/Emotional/Behavioral: The first sentence should identify the range of functioning measured by behavioral scales. Include a description of some functional situation, such as, “John was able to remain on task for an average of 70% of the time across multiple settings,” or “John averages 8 disruptive behaviors per day over a five day period”. Describe circumstances in which target behavior is not observed (e.g., “John displays considerably higher on-task behavior (90%) during math, which he appears to enjoy” or “John’s disruptive behavior is not evidenced during his resource room instruction.”) Be sure to include a positive statement.

• Motor: The first sentence should identify level of functioning for motor area being addressed. Next, either provide an age score for motor skills, which is developmentally based, or provide a brief description of the functional impact of the motor deficit. Be sure to include a positive statement.

• Functional Skills: The first sentence should summarize weak areas identified by Adaptive Behavioral Scales using standard scores. Describe the functional areas which are most affected by deficits. Be sure to consider multiple environments, including school, home and community. If transition age, consider post-secondary programming implications. Note any strengths in adaptive skills.

• Vocational Skills: The first sentence should summarize data from any objective measures of vocational skills. Next, provide examples of skills with data, if available. (e.g., “John is able to work at a 60% productivity rate with 100% accuracy in a sheltered workshop environment.”) Be sure to include a positive statement.

• Speech/Language: The first sentence should identify standard scores from developmental or performance level on standardized tests or from data collected in the classroom or speech/language therapy. Then, give specific examples of the deficit. Be sure to include a positive statement.

• Organization/Study Skills: The first sentence should explain how this area impacts the student, based on observations from the school environment (e.g., classroom, homework, hallway). Explain what specific deficits are seen in this area. (e.g., “John has difficulty recording his homework and this affects his homework completion.”) Be sure to include a positive statement.

17. PRESENT LEVEL OF PERFORMANCE - EXAMPLE

In the area of reading, Thomas earned a broad reading score of 90 on the Woodcock-Johnson III (10/11/04). His basic reading skills (word recognition and decoding) are weak. He demonstrates effective use of context strategies and his reading comprehension is strong when he is able to read the words accurately. In the classroom, Thomas has demonstrated mastery of many second grade reading benchmarks, but continues to perform below grade level expectations.

In the area of written language, Thomas earned a broad written language score of 87 on the Woodcock-Johnson III (10/11/04). Thomas composed properly constructed simple sentences with appropriate capitalization and punctuation, but his sentences lacked elaboration and detail and contained many spelling errors. In the classroom, Thomas struggles to compose sentences and paragraphs with proper content and organization. He misspells so many words in his writing that the meaning is often impacted. Thomas’s written language skills are below grade level expectations, although his ideas are often very creative, and he expresses them well orally.

In the area of math, Thomas earned a broad math standard score of 86 on the Woodcock-Johnson III (10/11/04). He is able to add numbers with and without renaming, but his ability to subtract with renaming is still emerging. Application of addition, subtraction, and money concepts to problem solving is weak. Thomas has not demonstrated mastery of second grade math benchmarks, but has made significant progress this year

18. JUSTIFICATION STATEMENT FOR INSTRUCTIONAL ASSESSMENT ACCOMMODATIONS

INDIVIDUALIZED EDUCATION PROGRAM Following are examples of statements that can be used to complete this section of the IEP. These statements must reference specific needs of the student.

Due to:

1. significant delays in…

a. oral language b. written language c. reading comprehension

2. significant deficits in…

a. basic reading skills b. basic math skills c. spelling and/or writing mechanics

3. significant fine motor and/or handwriting difficulties

4. significant fatigue related to physical/medical condition

5. significant difficulties with attention/impulsivity

6. memory deficits

7. significant visual tracking problems

8. emotional difficulties resulting in frustration and/or distraction

9. sensory impairment

a. vision impairment b. hearing deficit

10. demonstration of inappropriate behavior in testing situations

11. processing deficits

a. visual b. auditory

The second part of the statement should read, “the following accommodations are recommended:”

EXAMPLES

Due to NAME’s significant delays in oral language, fine motor difficulties, and memory

deficits, the following accommodations are recommended:

Due to NAME’s significant deficits in basic reading skills, spelling skills, and written mechanics, the following accommodations are recommended:

APPENDIX G

Alternate Maryland School Assessments (Alt-MSA): 1. PHILOSOPHY

The Frederick County Public School system is committed to educating all students with the goal that every student will be an active participant and contributing member of society. To achieve this goal, instruction must be provided to students with disabilities so that their education is academically, socially, and functionally meaningful. Educational experiences include direct preparation for independent living. Student performance will be assessed at the county and state levels.

2. WHAT ARE ALTERNATE ASSESSMENTS?

An alternate assessment is an assessment designed for students with disabilities who are unable to participate in a regular assessment, even when accommodations are provided. Alternate assessments are a way for all students with disabilities to participate in and benefit from assessment systems.

An alternate assessment must be aligned to the State’s content and student achievement standards, must report student achievement with the same frequency and level of detail as the state’s regular assessment, and must serve the same purpose as the assessment for which it is an alternate.

The Individuals with Disabilities Education Act (IDEA) 1997, as well as The No Child Left Behind Act of 2001 (NCLB), mandate that states provide an alternate assessment when implementing statewide accountability systems.

3. ALTERNATE ASSESSMENT IN MARYLAND

Since 1995, students with disabilities who did not participate in the general education assessment participated in the Independence Mastery Assessment Program (IMAP).

IMAP

• Serves as the alternate assessment for the Maryland School Performance Assessment

Program (MSPAP), and was intended as a program evaluation. • Assesses students in grades 3, 5, 8, and 11. • Assesses program performance by assessing students in the areas of personal

management, community interactions, recreation/leisure activities, career/vocational skill development, and communication/ decision making/interpersonal skills.

New federal mandates in the revised Elementary and Secondary Education Act, known as The No Child Left Behind Act (NCLB) 2001, prompted a revision of IMAP because NCLB mandates that:

• Students receive an individual score in reading and mathematics, and, by 2007, science; • Students are assessed in grades 3-8 and in one high school grade.

As a result of these new mandates, the general education assessment was revised. The Maryland School Assessment (MSA) is administered to students in grades 3-8 and 10 and tests students’ attainment of grade level objectives in reading and math.

However, there is a small group of students with disabilities who cannot participate in the MSA, even with accommodations, as determined by the individual student’s IEP Team. The Alternative Maryland School Assessment (ALT-MSA) was designed with this special population of students in mind.

See your School Test Coordinator for additional information.

APPENDIX H

DISABILITY CATEGORIES:

01 – Intellectual Disability [COMAR Change August 2009]

“Intellectual Disability” refers to significantly sub-average intellectual functioning, existing concurrently with deficits in adaptive behavior, and manifested during the developmental period (ages birth through 18 years of age), which adversely affects educational performance.

*Criteria required to establish the educational disability Eligibility Criteria Documentation/

Assessment Examiner

*Cognitive ability is at least 2.0 standard deviations below peers of equivalent age and ethnic and cultural background (on a cognitive measure with a mean of 100 and a standard deviation of 15, the approximate level of functioning would be an IQ of 70 or below)

Comprehensive, standardized assessment of cognitive abilities

Certified school psychologist, or licensed psychiatrist or psychologist

*Performance in adaptive behavior (including communication, social skills, daily living skills, etc.) that is significantly below expected ranges and is commensurate with sub-average cognitive ability

Comprehensive assessment of adaptive behavior – Functional Behavior Assessment; and Functional Behavior Instructional Plan are required.

Certified school psychologist

*Impairment adversely affects educational performance

Comprehensive educational assessment

Certified special education teacher

Deficits are manifested during the developmental period (ages birth through 18 years of age)

Developmental History/ School History

Certified School Psychologist Certified Special Education Teacher

Procedure for Determining Whether or Not a Student Has Intellectual Disability

1. Convene an IEP Team screening meeting and refer for evaluation. In obtaining Parental Consent for Evaluation and State Reporting (SE:2), the following assessments should be included:

• Achievement assessment, (e.g. Woodcock-Johnson – III) • Cognitive assessment (e.g. Wechsler Scales) • Assessment of Adaptive Behavior as determined by psychologist • Developmental history/school history

2. Complete the Request for Psychological Evaluation (CR:56), and send to the psychologist assigned

to the school. Include a copy of the signed form, Parental Consent for Evaluation and State Reporting (SE:2).

3. Complete all recommended assessments, write assessment reports, and convene an

eligibility/assessment review IEP Team meeting within 90 days of the receipt of the Screening Referral for Special Education (SE:1A). The school psychologist must be present at this meeting. Evaluation reports must include, but are not limited to:

• Educational assessment, written by special education teacher • Psychological assessment, written by psychologist

4. At the eligibility/assessment review IEP Team meeting, after reviewing all assessments, observations,

and anecdotal information, complete the IEP Team Eligibility Report for Intellectual Disability (SE:17).

Certification of Intellectual Disability MUST be made by a certified school psychologist or licensed psychologist.

02 – Hearing Impairment 03 – Deafness “Hearing Impairment” refers to those students with a mild to severe hearing loss, and allows for acquisition of speech/language skills through the use of the auditory channel. The student shows an ability to understand speech with or without an amplification device or hearing aid).

“Deafness” refers to those students with a profound hearing loss that inhibits the use of the auditory channel as a primary means of developing speech/ language skills. The loss is 90dB or greater and other modes of communication are utilized.

*Criteria required to establish the educational disability

Eligibility Criteria Documentation/ Assessment

Examiner

*Diagnosis of a hearing impairment (loss is greater than 90dB or, if less than 90dB, combined with the presence of complicating factors)

Comprehensive audiological assessment

Certified audiologist, otolaryngologist, or otologist

*Impairment interferes with student’s ability to function in an educational program using traditional instructional materials and techniques

Comprehensive educational assessment (must include a description of any material modifications, adaptations, equipment, or therapies needed)

Certified special education teacher

Impairment may be significantly impacted by environmental, economic, and/or cultural factors

Consideration of environmental, economic, and/or cultural effects on impairment

IEP Team

Other assessments, as determined by the IEP Team

The IEP Team has ensured that any amplification device or hearing aid required by the student is in proper working order during all screening and assessment procedures.

04 – Speech/Language Impairment

“Speech/Language Impairment” refers to a communication disorder in a student, such as stuttering, or an impairment in articulation, language, or voice, which adversely affects a student’s educational performance. Speech – Articulation

*Criteria required to establish the educational disability

Eligibility Criteria Documentation/ Assessment

Examiner

*Documented delay in speech or sound production in one of the areas below:

• Scores at or below 1.5 SD on a test of articulation or phonology

• Articulation delays are greater than 1-1/2 years below age expectancy

• Presence of one or more disordered phonological processes

• Age appropriate sounds in words, but connected speech is frequently unintelligible

• Scoring in the moderate to profound range on a test of phonological process use

Comprehensive formal and informal articulation assessment

Certified speech/language pathologist

*Delay in speech or sound production significantly affects the intelligibility of the student’s speech

Parent/teacher interview, questionnaire Observation Speech sampling and/or other clinical tasks

Certified speech/language pathologist

Delay in speech or sound production significantly affects the student’s educational performance or social, emotional development

Assessment results Screening information Parent/Teacher interview/questionnaire Observation Speech Sampling and/or other clinical tasks

Certified speech/language pathologist

Other assessments, as determined by the IEP Team

Qualified Examiner

Speech – Fluency *Criteria required to establish the educational disability

Eligibility Criteria Documentation/ Assessment

Evaluator

*Documented disorder of fluency in one of the areas below:

• Scoring in the moderate to profound range on a standardized test of stuttering severity

• Informal assessment indicates moderate to severe dysfluencies in two or more context

Comprehensive formal and informal fluency assessment

Certified speech/language pathologist

*Disorder in fluency that significantly affects the student’s educational performance or social emotional development.

Parent/teacher interview, questionnaire Observation Speech sampling and/or other clinical tasks Assessment results Screening information

Certified speech/language pathologist

Other assessments, as determined by the IEP Team

Qualified Examiner

Speech – Voice *Criteria required to establish the educational disability

Eligibility Criteria Documentation/ Assessment

Evaluator

*Documentation of a vocal impairment without short-term physical factors or respiratory virus or infection.

Medical documentation Medical documentation

*Voice impairment significantly affects the student’s educational performance or social, emotional development.

Speech Sampling (Including description of the procedures used, such as method of elicitation, setting in which sampling occurred, and analysis procedures used) in a variety of contexts (classroom and clinical setting, observation at recess, or in the cafeteria, etc.)

Comprehensive formal and informal voice assessment

Certified speech/language pathologist

Language (Expressive and/or Receptive) *Criteria required to establish the educational disability

Eligibility Criteria Documentation/ Assessment

Evaluator

*Documented delay of a language impairment in one of the areas below:

• Scores at or below 1.5 Standard Deviation (SD) on formal test measures in one or more of the following areas: receptive language (listening comprehension), expressive language (structure and content) and/or pragmatics (usage)

• Informal assessment reveals a moderate or severe language disability in one or more of the following areas: receptive language, expressive language, and/or pragmatics.

Comprehensive formal and informal language assessment.

Standardized language assessments with results reported in equivalent standardized form.

Certified speech/language pathologist

*Delay in language significantly affects the intelligibility of the student’s speech

Parent/teacher interview Questionnaire Observation Clinical tasks Comprehensive formal and informal language assessment

Certified speech language pathologist

Other assessments, as determined by the IEP Team

Qualified examiner

05 – Visual Impairment/Blindness

“Visual Impairment” refers to a visual difficulty, which, even with correction, adversely affects a student’s educational performance. The term includes:

• Blindness – No functional vision • “Legally Blind” – visual acuity is 20/200 or less, in the better eye, after correction, or

a visual no greater than 20 degrees • “Low Vision” – visual acuity is 20/70 or less, in the better eye, after correction • Additional visual problems including the inability to see peripherally, blind spots,

sensitivity to light, color or contrast issues, or a combination of several of these difficulties

*Criteria required to establish the educational disability

Criteria Documentation/ Assessment

Evaluator

*One or more of the following visual impairments exists: • corrected visual acuity of 20/70 or less in the better eye • a medically documented progressive vision loss

Comprehensive visual evaluation

Qualified optometrist or ophthalmologist and teacher of the blind and visually impaired

*The visual impairment interferes with the student’s ability to function in an educational program using traditional instructional materials and techniques

Comprehensive learning media assessment (including a description of any material modifications, adaptations, equipment or services needed)

Certified teacher of the blind and visually impaired

Cortical visual impairment or traumatic brain injury (TBI)

Neurologist, ophthalmologist, and teacher of the blind and visually impaired

Additional visual problems, including the inability to see peripherally, blind spots, sensitivity to light, color or contrast issues, or a combination of several of these difficulties.

Qualified optometrist or ophthalmologist and teacher of the blind and visually impaired

A visual impairment can affect all areas of the student’s educational program. These students access their education through Braille, large print, tactile graphics, screen readers, and taped materials.

Technology used in course work and instruction must consider the use of color, large print, contrast, mouse, keypad, and screen reader capability and availability before being implemented in to the curriculum.

Testing materials, including graphics, must be provided in accessible formats, such as Braille, large print, or taped materials. Please note: accommodation/modifications must be made to testing materials in order to avoid potential validity issues. The use of timed or performance tests may result in invalid scores.

Orientation and mobility (O&M) services are provided to blind/visually impaired students who need to learn skills to safely move within their environments in school, home, and community.

Additionally, students who have visual impairments or blindness receive instruction in the expanded core curriculum. These skills include:

• Compensatory Skills • Orientation and Mobility • Social Interaction Skills • Independent Living Skills and Personal Management • Recreation and Leisure • Career and Vocational Education • Assistive Technology • Visual Efficiency Skills

Braille must be discussed as a learning media at each IEP Team meeting. Placement at the Maryland School for the Blind must be offered as a consideration at every IEP Team meeting.

06 – Emotional Disability

“Emotional Disability” refers to a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree, and which adversely affects educational performance:

• an inability to learn which cannot be explained by intellectual, sensory, or health factors;

• an inability to build or maintain satisfactory interpersonal relationships with peers and adults;

• inappropriate types of behaviors or feelings under normal circumstances; • a general pervasive mood of unhappiness or depression; and/or • a tendency to develop physical symptoms or fears associated with personal or school

problems. The term includes students who are schizophrenic. The term does not include students who are socially maladjusted, unless it is determined that they are also emotionally disabled.

*Criteria required to establish the educational disability

Eligibility Criteria Documentation/ Assessment

Evaluator

*At least one of the above characteristics exists over a long period of time and to a marked degree,

OR, If duration is not met, the condition represents a sudden and significant change from previous behavior and is not transient or attributable to a specific crisis or stressful situation

Comprehensive, including cognitive measure, Psychological Assessment documenting the presence of at least one of the above characteristics, relates the condition to similar or like behaviors of age/grade peers, including any differences in frequency and degree, and: • the age/grade of onset • the duration, based on anecdotal records, indicating, generally, 6 months or longer • a statement that the

Licensed Psychiatrist Certified or licensed psychologist

Certified School Psychologist

Eligibility Criteria Documentation/ Assessment

Evaluator

condition is not transient nor attributable to a specific crisis or stressful situation OR,

• a statement that the condition represents a sudden and significant change from previous behavior and is not transient nor attributable to/accompanied by a specific crisis or stressful situation

*Impairment interferes with student’s ability to function in an educational program using traditional instructional materials and techniques) despite being provided with appropriate individual intervention(s) applied within the general education setting.

Comprehensive educational assessment, including formal and informal assessment information describing the impact of the student’s emotional disturbance on academic and/or adaptive functioning within the school setting, and/or student grades, office referral information, and attendance records after appropriate interventions, such as an ILP or other academic have been developed and implemented to remediate adverse educational impact. FBA developed and BIP implemented that documents attempts to remediate adverse educational impact.

Certified special education teacher

IEP Team

*The student’s emotional disturbance is NOT primarily caused by: • visual or auditory acuity deficits or motor deficits • mental retardation • language or learning disability • environmental or economic disadvantage, or cultural or language difference • frequent or extended absences from school, frequent moves from one school to another, or transient situational variables

Assessment results Screening information

IEP Team

Other assessments, as determined by the IEP Team

Qualified Examiner

Procedure for Determining Whether or Not a Student Has an Emotional Disabled

1. Convene an IEP Team screening meeting and refer for evaluation. In obtaining Parental

Consent for Evaluation and State Reporting (SE:2), the following assessments should be included:

• Achievement assessment, (e.g. Woodcock-Johnson – III) • Cognitive assessment (e.g. Wechsler Scales) • Other assessments as deemed appropriate by psychologist • Behavioral assessment as determined by psychologist • Socio-emotional assessment

2. Complete the Request for Psychological Evaluation (CR:56), and send to the psychologist

assigned to the school. Include a copy of the signed form, Parental Consent for Evaluation and State Reporting (SE:2).

3. Complete all recommended assessments, write assessment reports, and convene an

eligibility/assessment review IEP Team meeting within 60 days from the signed parental consent form (SE:2) for initial evaluations and 90 days for reevaluations. The school psychologist must be present at this meeting. Evaluation reports must include, but are not limited to:

• Educational assessment, written by special education teacher • Psychological assessment, written by psychologist

4. At the eligibility/assessment review IEP Team meeting, after reviewing all assessments,

observations, and anecdotal information, complete the IEP Team Eligibility Report for Emotional Disability (SE:12A).

Certification of a condition that may lead to a determination of emotional disability MUST be made by a certified school psychologist or licensed psychologist. 07 – Orthopedic Impairment

“Orthopedic Impairment” refers to a severe orthopedic impairment, which adversely affects a student’s educational performance. The term includes impairments caused by:

• Congenital anomaly (i.e., clubfoot, absence of foot, limb, etc.); • Impairments caused by disease (i.e., poliomyelitis, bone tuberculosis, etc.); and/or • Impairments from other causes (i.e., cerebral palsy, amputations, and fractures or

burns which cause contracture). *Criteria required to establish the educational disability

(If the school suspects the student has below average intelligence, a school psychologist must be invited to the IEP team meeting. At that time, a decision will be made regarding the need for a psychological assessment.)

Eligibility Criteria Documentation/ Assessment

Examiner

*Diagnosis/Prognosis of Congenital Anomaly, impairments caused by diseases, or other causes

Comprehensive Medical Assessments

Licensed Orthopedic Physician

*Impairment interferes with student’s ability to function in an educational program using traditional instructional materials and techniques

Comprehensive Educational Assessment – must include description of any modifications to the assessment procedures used

Certified Special Education Teacher

Eligibility Criteria Documentation/ Assessment

Examiner

(documents that impairment interferes with student’s ability to function in educational program using traditional instructional materials and techniques, including description of any material modifications, special adaptations, equipment, or therapies needed)

Impairment may be significantly impacted by environmental or economic disadvantage, or cultural difference

Consideration of environmental, economic, and/or cultural factors

IEP Team

Other assessments, as determined by the IEP Team

Qualified Examiner

08 – Other Health Impaired

“Other Health Impaired” refers to having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli that result in limited alertness to the education environment, due to a chronic or acute health problem, which adversely affects a student’s educational performance. Such problems may include (but are not limited to):

• Heart condition • Rheumatic fever • Nephritis • Asthma • Sickle-cell anemia • Hemophilia • Epilepsy • Lead poisoning • Leukemia • Diabetes • Attention deficit/hyperactivity disorder • Tourette’s Syndrome

*Criteria required to establish the educational disability (If the school suspects the student has below average intelligence, a school psychologist must be invited to the IEP team meeting. At that time, a decision will be made regarding the need for a psychological assessment.)

Eligibility Criteria Documentation/ Assessment

Evaluator

*Diagnosis/prognosis of a chronic or acute health problem

Comprehensive health assessment Licensed health care provider

*Impairment interferes with the student’s ability to function in an educational program using traditional instructional materials and techniques

Comprehensive educational assessment, including a description of any modifications to the assessment procedures used and a description of any material modifications, equipment, or therapies needed

Certified special education teacher

Impairment may be significantly impacted by environmental, economic, and/or cultural factors

Consideration of environmental, economic, and/or cultural effects on impairment

IEP Team

Other assessments, as determined by the IEP Team

Qualified Examiner

09 – Specific Learning Disability (SLD)

A “specific learning disability” means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in an imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations. Specific learning disability includes conditions such as perceptual disabilities, minimal brain dysfunction, brain injury, dyslexia, and developmental aphasia. SLD does not include learning problems, which are primarily the result of visual, hearing, or motor impairments, mental retardation, emotional disturbance, or environmental, cultural, or economic disadvantage.

*Criteria required to establish the educational disability

Eligibility Criteria Documentation/ Assessment

Evaluator

*The student demonstrates a severe discrepancy between ability and achievement (based on ability/ achievement assessment scores and/or other factors observed during the assessment process and/or classroom performance) in one or more of the following areas: • oral expression • listening comprehension • basic reading skills • reading comprehension • written expression • math calculation • math reasoning after the student has been provided with learning experiences appropriate for the student’s age and ability levels

Comprehensive psychological assessment, including cognitive assessment

Comprehensive educational assessment

Classroom observation Anecdotal information

Certified school psychologist or licensed psychologist

Certified special education teacher

IEP Team

Eligibility Criteria Documentation/ Assessment

Evaluator

*The student demonstrates observable characteristics which indicate deficits in basic psychological processing

Comprehensive psychological evaluation, including cognitive assessment Comprehensive educational assessment Classroom observation Anecdotal information

Certified school psychologist or licensed psychologist

Certified special education teacher

IEP Team

*The specific learning disability interferes with the student’s ability to function in an educational program using traditional instructional materials and techniques

Comprehensive educational assessment Classroom observation Student Observation (SE:4) Anecdotal information

Certified special education teacher

IEP Team

*The severe discrepancy Assessment results IEP Team

Eligibility Criteria Documentation/ Assessment

Evaluator

between ability and achievement is not primarily the result of: • visual, hearing, or motor impairment • mental retardation • emotional disturbance • environmental and economic disadvantage, or cultural difference

Screening information

Other assessments, as determined by the IEP Team

Qualified Examiner

Procedure for Determining a Specific Learning Disability

1. Following the IEP Team screening meeting, complete all recommended assessments, write

assessment reports, conduct a formal classroom observation (Student Observation SE:4) The observation must be conducted by someone other than the student’s general classroom teacher.

2. At the eligibility/assessment review IEP Team meeting: • Review all assessments • You may wish to complete the optional Student Profile (SE:5A) with assessment

results and additional information • Prepare a written evaluation report (Team Evaluation for Specific Learning

Disability, SE:5B) that includes: • A statement documenting whether or not the student has a specific learning

disability, which includes the rationale for making that determination • Relevant behaviors noted during the observation of the student (as documented on

the Student Observation, SE:4) • The relationship of the behaviors to the student’s educational performance

3. To establish the rationale for identifying a student as having a specific learning disability, determine whether a severe discrepancy exists between the student’s ability and achievement. The severe discrepancy can be defined quantitatively or qualitatively. To determine a quantitative severe discrepancy, compare ability scores to achievement scores using the following table:

IQ RANGE Per

psychological

EDUCATIONAL DISCREPANCY RANGE

Achievement Test Scores

130 - 139 Less than 101 120 - 129 Less than 95 110 - 119 Less than 89 100 - 109 Less than 83 90 - 99 Less than 77 80 - 89 Less than 71 70 - 79 Less than 65

If a quantitative severe discrepancy is found, check the appropriate line in question #1 on

the Team Evaluation for Specific Learning Disability (SE:5B). 4. If a quantitative severe discrepancy is not found, the determination of specific learning

disability may be made on the basis of qualitative factors, based on classroom performance. Qualitative factors which indicate the presence of a specific learning disability must be documented by checking the appropriate line in question #1 and by completing question #2 on the Team Evaluation for Specific Learning Disability (SE:5B). (Qualitative factors in the areas of learning, behavior, physical, and environmental, may be identified as valid concerns on the optional Student Profile SE:5A).

5. Exclusionary factors must be ruled out as the primary factors in causing the severe discrepancy. This is documented by completing question #3 on the Team Evaluation for Specific Learning Disability (SE:5B).

6. Documentation of the results of the observation is made by completing question #4 on the Team Evaluation for Specific Learning Disability (SE:5B). The Student Observation (SE:4) must be attached to the Team Evaluation for Specific Learning Disability (SE:5B).

7. The determination of whether a student’s primary disability is a specific learning disability which requires special education must be documented by completing question #5 on the Team Evaluation for Specific Learning Disability (SE:5B).

8. All IEP Team members who agree with the decision must sign question #6. Any IEP Team member who disagrees with the decision must submit a separate statement presenting his/her conclusions. This statement must be attached to the Team Evaluation for Specific Learning Disability (SE:5B).

10 – Multiple Disabilities

“Multiple Disabilities” refers to concomitant (existing along or in association with) impairments (such as intellectual disability-blindness, mental retardation-orthopedic impairment, etc.), the combination of which causes such severe educational problems that the student cannot be accommodated in special education SOLELY for one of the impairments. The term does not include students with deaf/blindness because it is a separate category.

*Criteria required to establish the educational disability (If the school suspects the student has below average intelligence, a school psychologist must be invited to the IEP team meeting. At that time, a decision will be made regarding the need for a psychological assessment.)

Eligibility Criteria Documentation/ Assessment

Evaluator

*At least 2 impairments are present

Comprehensive assessment in each of the impaired areas

Qualified examiner in each area

*The multiple disabilities interfere with the student’s ability to function and achieve in an educational program using traditional instructional materials and techniques

Comprehensive educational assessment

Certified special education teacher

Impairment may be significantly impacted by environmental, economic, and/or cultural factors

Consideration of environmental, economic, and/or cultural effects on impairment

IEP Team

Other assessments, as determined by the IEP Team

Qualified Examiner

12 – Deaf/Blindness

“Deaf/Blindness” refers to those students with concomitant visual and hearing impairments, the combination of which can cause severe communication and other developmental and educational problems that the student cannot be accommodated in special education programs solely for deaf or blind students.

*Criteria required to establish the educational disability (If the school suspects the student has below average intelligence, a school psychologist must be invited to the IEP team meeting. At that time, a decision will be made regarding the need for a psychological assessment.)

Eligibility Criteria Documentation/ Assessment

Evaluator

*Both a hearing impairment and a visual impairment are present

Comprehensive audiological assessment

Comprehensive visual assessment

Qualified audiologist, otolaryngologist, otologist

Licensed optometrist or board certified ophthalmologist

*Significant educational impact caused by the multiple impairments in one or more of the following areas: • Developmental • Communicative • Self-help • Orientation and mobility

Comprehensive educational assessment

Certified special education teacher

Impairment may be significantly impacted by environmental, economic, and/or cultural factors

Consideration of environmental, economic, and/or cultural effects on impairment

IEP Team

Other assessments, as determined by the IEP Team

Qualified Examiner

13 – Traumatic Brain Injury (TBI)

“Traumatic Brain Injury” means an injury to the brain caused by: • An external physical force

This results in total or partial functional disability or psycho-social maladjustment that adversely affects educational performance.

The term includes open or closed head injuries resulting in mild, moderate, or severe impairments in one or more areas, including:

• Cognition • Language • Memory

• Attention • Reasoning • Abstract thinking • Judgment • Problem solving • Sensory, perceptual, and motor abilities • Psycho-social behavior • Information processing • Speech

The term does not include injuries that are congenital or degenerative, or brain injuries associated with birth trauma.

Traumatic Brain Injury

*Criteria required to establish the educational disability

Eligibility Criteria Documentation/ Assessment

Evaluator

*Diagnosis of a traumatic brain injury and a prognosis of mild, moderate, or severe impairments in one or more of the areas listed above (or another area of impairment)

Comprehensive health assessment

Licensed health care provider

*The traumatic brain injury is not: • Congenital; • Degenerative; and/or • Induced by birth trauma

Comprehensive health assessment

Licensed health care provider

Current cognitive functioning after the injury is sustained (may be used in determining types of services needed and identify any concurrent disabilities present)

Comprehensive psychological/cognitive assessment

Certified school psychologist or licensed psychologist

*The traumatic brain injury interferes with the student’s ability to function and achieve in an educational program using traditional instructional material and techniques despite being provided with appropriate individual interventions applied within the general education setting

Comprehensive educational assessment and classroom performance indicators, such as student grades, progress in the essential curriculum, performance on state assessments

Certified special education teacher and classroom teacher

Impairment may be significantly impacted by environmental, economic, and/or cultural factors

Consideration of environmental, economic, and/or cultural effects on impairment

IEP Team

Other assessments, as determined by the IEP Team

Qualified Examiner

14 – Autism

“Autism” means a developmental disability that: • Significantly affects verbal and nonverbal communication and social interaction; • Is generally evident before age 3; • Adversely affects educational performance.

Characteristics of autism include:

• Irregularities and impairments in communication; • Engagement in repetitive activities and stereotyped movements; • Resistance to environmental change or change in daily routines; and • Unusual responses to sensory experiences.

Autism Spectrum Disorder includes the diagnoses of Asperger’s Syndrome and Pervasive Developmental Disorder (PDD). The term does not include students with characteristics of the educational disability emotional disturbance.

Autism

*Criteria required to establish the educational disability

Eligibility Criteria Documentation/ Assessment

Evaluator

*Disturbance of developmental rates/sequences (delay or arrest or regression) in one or more of the following areas: • Physical skills • Social skills (inappropriately relates to people, objects, and events) • Learning skills (including language, communication, and cognition)

Comprehensive assessment in each area impacted by the disability, including documentation of: • Developmental history, including information from family and health information • Behavioral observations conducted on different days and in multiple environments including school settings • Written and dated anecdotal records of a behavioral nature

Comprehensive educational assessment

Qualified examiner in each area of assessment, including certified special education teacher, speech/language pathologist, etc.

Certified special education teacher

*Disturbance in response to sensory stimuli in one or more of the following areas: Visual, auditory, olfactory, gustatory, tactile, kinesthetic,

AND Type of response is: Inappropriate, repetitive, non- meaningful, etc.

Comprehensive assessment in each sensory area impacted by the disability

Qualified examiner in each area of assessment, including certified special education teacher, occupational therapist, etc.

*Disturbance of at least one: • Speech • Language

Comprehensive speech/language assessment

Certified speech/language pathologist

Eligibility Criteria Documentation/ Assessment

Evaluator

• Nonverbal communication And a basic deficit in the capacity to use language for social communication, both receptively and expressively

Eligibility Criteria Documentation/ Assessment

Evaluator

*Disturbance in the capacity to relate appropriately to one or more of the following: people, events, and/or objects; and a basic deficit in the capacity to form relationships with people

Comprehensive assessment of social/behavioral skills, as well as cognitive ability.

Certified school psychologist or licensed psychologist

Certified special education teacher

*The effects described above are not primarily the result of environmental or economic disadvantage, or cultural differences

Consideration of environmental, economic, and/or cultural effects on impairment

IEP Team

Other assessments, as determined by the IEP Team

Qualified Examiner

Procedure for Determining Whether or Not a Student Has Autism

1. Convene an IEP Team screening meeting and refer for evaluation. In obtaining Parental Consent for

Evaluation and State Reporting (SE:2), the following assessments should be included: • Achievement assessment, (e.g. Woodcock-Johnson – III) • Cognitive assessment (e.g. Wechsler Scales) • Behavioral assessment as determined by psychologist • Developmental history • Social behavioral assessment • Speech/language assessment (pragmatic language) • Assessment of each sensory area impacted by the disability

2. Complete the Request for Psychological Evaluation (CR:56, revised 09/07), and send to the

psychologist assigned to the school. Include a copy of the signed form, Parental Consent for Evaluation and State Reporting (SE:2).

3. Complete all recommended assessments, write assessment reports, and convene an

eligibility/assessment review IEP Team meeting within 90 days of the receipt of the Screening Referral for Special Education (SE:1A) or 60 days from parental consent. The school psychologist must be present at this meeting. Evaluation reports must include, but are not limited to:

• Educational assessment, written by special education teacher • Psychological assessment, written by psychologist • Speech/language assessment, written by speech/language pathologist

4. At the eligibility/assessment review IEP Team meeting, after reviewing all assessments, observations,

and anecdotal information, complete the IEP Team Eligibility Report for Autism (SE:16).

Certification of autism MUST be made by a certified school psychologist or licensed psychologist, psychiatrist, developmental pediatrician, neurologist, etc.

15 – Developmental Delay (DD) Developmental delay means children ages 3 through 5 years old who are eligible for early intervention services because they:

• Manifest atypical development or behavior which is demonstrated by abnormal quality of performance and function in one or more of the above specified developmental areas, which interferes with current development, and is likely to result in subsequent delay (even when instruments or procedures do not document a 25 percent delay); OR

• Are experiencing at least a 25 percent delay, as measured and verified by appropriate diagnostic instruments and procedures, in one or more of the following developmental areas:

• Cognitive development; • Physical development, including vision and hearing; • Communication development; • Social or emotional development; • Adaptive development;

OR • Have a diagnosed physical or mental condition that has a high probability of resulting

in developmental delay (e.g., chromosomal abnormalities, genetic or congenital disorders, severe sensory impairments, inborn errors of metabolism, disorders reflecting disturbance of the development of the nervous system, congenital infections, disorders secondary to exposure to toxic substances, including fetal alcohol syndrome, and severe attachment disorders).

Considerations:

• The use of developmental delay is limited to children from 3 through 5 years of age. • The disability code of DD would only be determined at a Child Find IEP Team

meeting. • The disability code of DD may be used for children who are being identified for the

first time, as well as for those children who are transitioning from the Infants and Toddlers Program (Part C).

• The disability code of DD may be used when a child is eligible for special education under another disability code, but the parent prefers to have the child identified under the developmental delay code. The IEP Team should document its decision regarding the appropriate disability code for the child in the IEP Team Meeting Report. The IEP Team should also document the parents’ preference to use the developmental delay code.

Parents have due process rights, which include the right to appeal any decisions made at IEP Team meetings.

• If a child has previously been identified under an existing disability code, the existing

disability code should not be replaced by DD. • The criterion of “adverse effect on educational performance” does not apply when the code

of developmental delay is used.

• At age 6: By the beginning of the school year in which a child would enter first grade (or its equivalent), the IEP Team must identify another disability code as the primary basis for the child’s continuing eligibility for special education services. Under no circumstances may developmental delay be used as a disability code for a child beyond age 5.

Eligibility Criteria for Developmental Delay A comprehensive assessment by qualified examiners for each area of suspected delay.

Federal Census Codes

01 Intellectual Disability 02 Hearing Impaired 03 Deafness 04 Speech/Language Impaired 05 Visual Impairment 06 Emotional Disturbance 07 Orthopedic Impairment 08 Other Health Impaired 09 Specific Learning Disability 10 Multiple Disabilities 11 Child in Need of Assessment 12 Deaf/Blind 13 Traumatic Brain Injury 14 Autism 15 Developmental Delay

APPENDIX I Parent Surrogates:

The Individuals with Disabilities Education Improvement Act (IDEA 2004) requires that state and local education agencies involve parents in the decisions regarding the special education needs of their children. In cases where a parent is not available, a parent surrogate must be appointed to represent the student and protect the student’s rights in matters relating to the identification, evaluation, placement, and provision of a free, appropriate public education to the student.

A parent surrogate will be appointed when a student is under the age of 21 and

• No parent (see definition of parent in Section I, Introduction to Special Education) can be identified, or

• FCPS cannot discover the whereabouts of a parent using outside agencies and family members, or

• The student is a ward of the state, or • The student is an unaccompanied homeless youth.

The Superintendent of FCPS (or designee) will appoint a parent surrogate within ten days of receipt of the request and notify the State Superintendent of Schools within 30 days of the appointment. The notification must include:

• The student’s name and date of birth; • The parent surrogate’s name; • Date of the appointment of the parent surrogate; and • Any other information deemed applicable.

If the Superintendent of FCPS (or designee) finds that the student is not eligible for the appointment of a parent surrogate or the proposed parent surrogate is not qualified to represent the student in the educational decision-making process, written notice will be provided to the agency requesting a parent surrogate. The notice will include:

• A request that FCPS propose another parent surrogate who is qualified; or • A statement that the Superintendent of FCPS (or designee) has selected and appointed

a parent surrogate who is qualified. Documentation of parent surrogate appointments will be maintained in the confidential blue folder of the student and in the parent surrogate’s file located in the Office of Special Education.

Training for Parent Surrogate

The Central Coordinator of Special Education will provide training, as needed, for all potential parent surrogates. This training may be provided annually, but can be provided individually in order to ensure the timely appointment of a parent surrogate. It will include:

• Orientation to the various disabilities;

• Instruction in the process of identification, evaluation, and placement of a student in special education in FCPS;

• Instruction in procedural safeguards and parental rights and responsibilities; • Information regarding confidentiality and records management; and • Information regarding the guidelines for appointment, duties, and termination of

appointment of parent surrogates. Identification of Parent Surrogates

The Supervisor of Special Education and the Central Coordinator of Special Education seek to identify individuals to serve as parent surrogates. Methods used to locate qualified adults who may be interested in becoming parent surrogates include:

• Contacts made through the Partners for Success office; • Contacts with the Department of Social Services foster care program; • Personal referrals; • Public advertisement.

The Central Coordinator of Special Education determines, through completion of an application form process, that the parent surrogate applicant:

• Is at least 21 years old; • Has no interests which conflict with the interests of the student being represented; • Is able to adequately represent the student; • Is not an employee of any public agency involved in the education or care of the

student (foster parents may serve as surrogate parents); • Represents the student in all matters relating to the identification, evaluation, and

educational placement of the student, and the provision of a free, appropriate public education to the student;

• Has the knowledge and skills to ensure adequate representation of the child. Application for Appointment of a Parent Surrogate

The Central Coordinator of Special Education, having determined that a student is in need of a parent surrogate, will prepare and submit to the Superintendent of FCPS (or designee), an application for the appointment of a parent surrogate. The application will include:

• The name, date of birth, gender, legal domicile, and present residence of the student; • A statement that the student is eligible for the appointment of a parent surrogate based

on approved eligibility-determination procedures; • Documentation, as applicable, of the efforts made to identify the parent, if unknown,

or to locate the parent, if unavailable, or guardianship or custody decree; and • The name and qualifications of the proposed parent surrogate who FCPS considers to

be qualified to represent the student in the special education decision-making process. FCPS may select as a parent surrogate a person who is an employee of a non-public agency providing non-educational care for the child and who meets the above standards. MSDE will make every effort to ensure that a surrogate is appointed within 30 days of eligibility.

Request for Termination of Appointment of a Parent Surrogate

The IEP Team Chairperson will notify the Central Coordinator of Special Education if it is felt that any parent surrogate appointment should be terminated. Such a request is appropriate if the parent surrogate:

• Is not properly performing the duties of a parent surrogate (i.e., not attending meetings, not participating as an equal partner in the process, not seeking and utilizing current information in the performance of his/her duties); or

• Has an interest that conflicts with the interests of the student entrusted to the parent surrogate; or

• If the student is no longer receiving special education services from FCPS. The Supervisor of Special Education will conduct an investigation to determine whether or not the duties of the parent surrogate are being adequately performed and collect documentation to support the allegation. If it is found that the parent surrogate is not performing the required duties, the supervisor will forward a request for the termination of the appointment to the Superintendent of FCPS (or designee), including the following information:

• The name and birth date of the student; • The name of the parent surrogate who was discharged and the date of termination; • The reasons for requesting termination; • The name and qualifications of another individual proposed as a new parent

surrogate.

APPENDIX J Procedural Safeguards for Parents:

A. Procedural Safeguards Notice

A copy of Procedural Safeguards: Parental Rights (OR:10) must be given to the parents of a student with a disability: • When the notification of a screening IEP Team meeting is sent; • One time per year; • Upon filing for a due process hearing; • Upon parent request; • Upon receipt of a parent’s complaint to the state; • When a decision is made to take disciplinary action.

The parent signature page should be returned to the school by the parent or obtained from the parent at the IEP Team screening meeting. It is necessary to obtain a parent signature on the Receipt of Parental Rights Document, (last page of OR:10) when the booklet is given for the first time, but not thereafter.

The contents of the procedural safeguards notice can be found online at www.fcps.org.

1. Extended School Year (ESY) Services The IEP Team Chairperson will ensure that parents of students with disabilities are notified at least annually of the availability of ESY services. Notice of the availability of ESY services is provided in the Calendar Handbook for the Frederick County Public School System that is distributed to parents at the beginning of each school year. (For further information regarding ESY services, see Appendix C, Extended School Year).

2. Notice of Graduation Requirements Parents will receive notification of the student’s pending graduation from high school with a regular diploma, since graduation with a regular high school diploma constitutes a change in placement and terminates the student’s right to a FAPE. FCPS will inform the parent of the graduation requirements and the student’s progress toward meeting those requirements at each annual IEP team meeting, and more frequently, if necessary. The FCPS Calendar Handbook provides all parents with information regarding graduation requirements.

3. Notice of Low Cost Legal and Other Relevant Services On request, parents are informed of any free or low cost legal and other relevant services available in the area. A list of free or low cost legal services and services for assistance in understanding the special education process is included in the Procedural Safeguards: Parental Rights (OR:10) booklet. Parents may contact the Office of Special Education for additional information.

4. Information regarding confidentiality of information and opportunity to

examine records can be found in Section XIV, Confidentiality and Records Management.

B. Parent Notification 1. Notification of an IEP Team Meeting

It is the responsibility of the IEP Team Chairperson or designee to ensure that parents of students with disabilities or suspected disabilities are provided with prior written notice at least ten calendar days before the IEP Team meets to propose, initiate, or change the identification, evaluation or educational placement of the student.

The IEP Team Chairperson, or designee, provides the Notice of IEP Team Meeting (SE: 6) to the parents and other appropriate non-agency personnel (i.e. representatives of non-public facilities or institutions, etc.) at least ten calendar days in advance of the scheduled meeting date, unless a parent waives the right to a ten-day notice, or unless an expedited meeting is being conducted to:

• Address disciplinary issues; • Determine the placement of the student with a disability not currently receiving

educational services; or • Meet other urgent needs of the student to ensure the provision of a FAPE.

2. Prior Written Notice

Prior written notice must include:

• A description of the action(s) the IEP Team is proposing or refusing to do; • Why the IEP Team is proposing or refusing to take the action; • A description of any options the IEP Team considered and why these options were

rejected; • A description of each evaluation procedure, test, record, or report the IEP Team used

as a basis for the action proposed or refused • A description of any other relevant factors used by the IEP Team in making their

proposal or refusal; • A statement that the parent has procedural safeguard protections and the manner in

which the parent may obtain a copy of the procedural safeguards; • A list of organizations and/or sources parents may contact for help in understanding

the provisions of the IDEA. The notice will be written in language that is understandable to the general public, and provided in the native language of the parent, unless it is clearly not feasible to do so. Information concerning the availability of the Procedural Safeguards: Parental Rights booklet in languages other than English and Spanish is available from the Office of Special Education. If the native language used by the parent is not a written language, the IEP Team Chairperson will ensure that the notice is translated orally or by other means to the parent, and that the parent understands the content of the notice.

Implementation of the above procedures must be documented on the Individualized Education Program (IEP) Team Meeting Report (Se:7).

3. Consent for Evaluation/Reevaluation Procedures

“Informed Parental Consent” means the parent:

• Has been fully informed of all information relevant to the activity for which consent is sought, in the parent’s native language or other mode of communication;

• Understands and agrees in writing to the carrying out of the activity for which the parent’s consent is sought, and the consent describes that activity and lists the records, if any, that will be released and to whom; and

• Understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time.

The IEP Team Chairperson is responsible for ensuring that each examiner obtains written parental consent before conducting assessment procedures for an initial evaluation or as part of a reevaluation. At the IEP Team meeting, when referral information is reviewed and a decision about the need for assessment is made, the IEP Team Chairperson ensures that the parent has been fully informed of all information relevant to the assessments, and that this information has been provided in the parent’s native language or other mode of communication.

When all assessment procedures have been identified for an evaluation/ reevaluation, the IEP Team Chairperson or designee obtains written consent from the parent on the Parental Consent for Evaluation and SSIS (SE:2).

4. Parent Refuses Consent for Evaluation/Reevaluation

If a parent refuses consent for initial evaluation procedures or reevaluation procedures, or the parent does not respond to a written request to conduct an initial evaluation or reevaluation, documentation should be included on the Contact Log (SE:24) or the Individualized Education Program (IEP) Team Meeting Report (SE: 7). The IEP Team Chairperson or building administrator contacts the parent in an attempt to identify the reason(s) for the refusal of consent. Every attempt should be made to resolve the issues with the parent by identifying the parent’s concern and exploring possible solutions.

If all attempts to resolve the issues are unsuccessful, the IEP Team Chairperson will contact the Supervisor of Special Education. The supervisor will contact the parent and make further attempts to resolve concerns and obtain written consent. If all attempts to obtain written consent are unsuccessful, the Supervisor of Special Education may notify the parent of FCPS’ intent to initiate mediation and/or due process in order to obtain consent to conduct the assessment.

The IEP Team or individual examiners are not required to obtain parental consent for assessment procedures as part of reevaluation if the IEP Team can demonstrate that reasonable measures have been taken to obtain consent, and the parent has failed to respond. To meet reasonable measures, the IEP Team Chairperson or designee must maintain a record of attempts to obtain parental consent, such as

• Detailed records of telephone calls made or attempted and the results of the attempts, • Copies of correspondence sent to the parent and any responses received, and/or • Detailed records of visits made to the parent’s home or place of employment and the

results of those visits.

The IEP Team Chairperson or designee must document the reasonable measures that were used in attempting to obtain parental consent on the Parental Consent for Evaluation and SSIS (SE:2) and/or the Contact Log (SE: 24).

5. Consent for Special Education Services

The IEP Team Chairperson ensures that the initial IEP is reviewed and approved by parents and that signed consent is obtained for placement prior to the initial provision of special education and related services to a student with a disability.

Signed consent for initial special education program and placement is documented on page 2 of the Individualized Education Program (IEP) (SE: 8).

6. Parent Refuses Consent for Special Education Services

Under the IDEA 2004, local school systems may not initiate mediation or a due process hearing if a parent of a student with a disability refuses to provide consent for the initial provision of special education and related services. Parents’ refusal of initial services should be documented in the IEP Team Meeting Report. Parents should be informed that their refusal to provide consent for the initiation of special education services is also a refusal of the benefits of a free, appropriate public education (FAPE), including an Individualized Education Program (IEP), educational placement, and the protections of the IDEA for that child, including the federal regulations on the discipline of students with disabilities. If, however, the parents of that child request the initiation of special education services at a later time, it is the responsibility of the IEP Team to review the existing data and consider whether additional data is necessary prior to development and implementation of services in accordance with the student’s IEP.

If the parent does not give consent, FCPS is not in violation of FAPE and is not required to develop an IEP for the student.

If the parent does not approve a revised or annual IEP, the IEP Team will document on the IEP (SE: 8) and the Individualized Education Program (IEP) Team Meeting Report (SE: 7) the areas of agreement and disagreement in the IEP and the steps to be initiated to resolve the disagreement. The student’s IEP will continue to be implemented.

If the areas of disagreement remain unresolved, the IEP Team Chairperson will inform the parent, in writing, of the parent’s right to appeal the IEP Team decision to the Supervisor of Special Education and/or request a formal mediation and/or due process hearing. The IEP Team Chairperson further informs the parent that the proposed IEP will be implemented unless the parent initiates an appeal or a formal mediation or due process request. During an appeal, mediation, or due process, the student’s last agreed upon IEP remains in effect, including program and placement.

C. Independent Educational Evaluation If a parent requests that an independent educational evaluation (IEE) be conducted for their student, the IEP Team Chairperson should refer the parent to the Supervisor of Special Education. The supervisor will work with the parent to provide information as to where an IEE may be obtained and the criteria for requesting an IEE.

“Independent educational evaluation” means assessment procedures conducted by a qualified individual who is not employed by FCPS.

1. Resolving Issues When working with parents, each staff member should make every effort to resolve issues regarding the education of the child. If disputes should arise, staff members should strive to keep the lines of communication open and assure the parents that the school wants to reach agreement. If assistance is needed, the appropriate Special Education Coordinator or Teacher Specialist should be contacted.

If parents are in disagreement with recommendations made by the IEP Team, they can appeal the decision(s) to the Supervisor of Special Education. The Supervisor of Special Education will meet with the parents in an attempt to resolve the disagreement.

The parent or organization may also refer to FCPS’ Procedural Safeguards/Parental Rights booklet for information regarding the complaint procedure.

2. State Complaints Should the parent feel that a federal or state rule concerning the provision of a FAPE including identification, evaluation and educational placement has been violated, the parent has the right to file a written complaint with the Assistant State Superintendent, Division of Special Education, Early Intervention Services, Maryland State Department of Education, 200 West Baltimore Street, Baltimore, Maryland 21201. The complaint must include:

• A statement that FCPS has violated a requirement of federal or state law or regulation;

• The facts upon which the statement is based; • Specific information about the student; • The signature and contact information of the person filing the complaint

This would include any documentation supporting the allegation(s). Complaints must be filed within one year of the date the alleged violation occurred. The Maryland State Department of Education (MSDE) will investigate and issue their findings within 60 calendar days of receipt of the written complaint, unless circumstances require an extension of the timeline.

3. Resolution Session IDEA 2004 requires a resolution session intended to provide an opportunity to resolve issues in a due process request in an efficient and effective manner so that parents and public agencies can avoid due process. The resolution session must include a representative of the public agency who has decision-making authority on behalf of the agency, but may not include an attorney for the public agency unless an attorney accompanies the parent.

If the parties reach agreement through this process, they must execute a legally binding agreement that is signed by both the parent and representative of the public agency who has the authority to bind the agency. This agreement is enforceable in any state court of competent jurisdiction or in a district court of the United States. Either party may void the agreement up to three business days of the agreement’s execution.

4. Statewide Mediation Procedures Mediation is defined as an attempt to bring about a peaceful settlement or compromise between parties to a dispute through the objective intervention of a neutral party. Mediation is an opportunity for parents and school officials to meet with an independent mediator from the Office of Administrative Hearings and discuss a problem, issue, concern, or complaint in order to resolve the problem amicably without the necessity of a hearing. Mediation can be initiated at any time, if both parties agree to expedite the development of a solution for any dispute including matters that arise prior to the filing of a formal due process hearing request. This process is at no cost to the parent and public agency. Each mediation session is to be scheduled in a timely manner and held in a location that is convenient for the parties involved.

5. Due Process Hearings A due process hearing will be conducted according to the requirements of applicable federal and state law. The request for a due process hearing must be made in writing to the Supervisor of Special Education, and include:

• The child’s name; • The address where the child lives; • The name of the child’s school; • A description of the problem(s) or area(s) of disagreement related to what FCPS is

proposing, refusing, or changing; and • A proposed resolution for the problem or disagreement.

The Mediation/Due Process Hearing Request form, developed by MSDE and OAH, is available from the Office of Special Education. FCPS will provide a copy of all procedural safeguards. See Appendix G, Procedural Safeguards, for detailed information on due process hearings.

6. Unilateral Removal of Students with Disabilities when FAPE is at Issue FCPS is not required to pay for the cost of a student’s education in a private school, including special education and related services, if FCPS made a FAPE available to the student and the parent elected to place the student in a private school. Disagreements between a parent and FCPS regarding the availability of FAPE and financial responsibility are subject to mediation/due process hearing.

If a student had previously received special education and related services through FCPS, and the parent decides to enroll the student in a private school or facility without the consent or referral of FCPS, an Administrative Law Judge (ALJ) or a court may require FCPS to reimburse the parent for the cost of the private placement, if the ALJ or the court determines that FCPS had not made a FAPE available to the student in a timely manner before the student was enrolled in the private school or facility.

APPENDIX K

Correctional Agencies: Adult Correctional Facilities The IEP Team may modify a student with disabilities’ placement within the correctional facility if the state has demonstrated a bona fide security or compelling penological interest that cannot be accommodated.

Incarcerated students will receive special education services if they have been identified as students who receive special education services and the facility does not provide an educational program. The following procedures apply:

• Detention facility notifies the student’s school of his/her incarceration.

• School IEP team meets to document the provision of special education services and

provides a copy of the student’s current IEP to the H/HTS teacher.

• Student’s school provides instructional information/material.

• Pupil personnel worker assigns an H/HTS teacher.

• H/HTS teacher contacts the detention facility to arrange teaching schedule.

• All other components of the H/HTS regulation will apply to incarcerated students who receive special education services.

o If the facility has an educational program, FCPS will provide that facility a copy

of the student’s IEP.

APPENDIX L RTI – Response to Intervention:

“Response to Intervention is a systematic, school-wide, multi-tiered approach that when implemented with fidelity fosters prevention of achievement and behavioral difficulties while providing interventions at increasing levels of intensity matched to the academic and behavioral needs of students.” (Maryland State Department of Education, “A Tiered Approach to Support Achievement for All Students,” June 2008)

Essential components of Maryland’s Response to Intervention framework include:

o universal screening o problem-solving/decision-making practices o tiered levels of implementation of high-quality instruction/intervention o progress monitoring o fidelity of implementation o family involvement o considerations for English Language Learners

RTI is a process which includes the provision of systematic, evidence or research-based instruction and interventions1 to struggling learners. It assumes that the instruction/interventions are matched to student needs and that the monitoring of progress is continuous. Furthermore, RTI is designed as an early intervention to prevent long-term academic failure.

The Individuals with Disabilities Education Act allows local school systems to use a student’s response to scientific, research-based intervention for the purpose of identification of students with specific learning disabilities. Although a student’s response to scientific, research-based intervention is included within the Individuals with Disabilities Education Act statute and regulations in the section regarding the identification of specific learning disabilities, it is an optional process for which data collected within the response to intervention framework can be used as one component of a comprehensive evaluation to determine special education eligibility (34 CFR 300 and 301). At this time, Maryland is not requiring; but is permitting local systems to use the option of identifying a specific learning disability based upon a child’s response to intervention. In addition, Maryland is not requiring the use of the IQ-discrepancy model of identification.

1“Intervention” is a designed change in the manner and/or degree in which a student is being instructed. An intervention can address academic and/or behavioral needs

KEY FEATURES:

• RTI is primarily a general education initiative designed to address the needs of struggling learners early in their educational experience.

• RTI is based on problem-solving or standard protocol models that utilize data to inform decision-making.

• RTI interventions are derived from evidence or research-based practices and are applied with fidelity.

• RTI utilizes universal screening to identify students performing at, below, or above standard.

• RTI is highly dependent on progress monitoring and data collection. • RTI intervention plans are designed, implemented, and monitored by a multi-disciplinary

team of professionals. TIERED INTERVENTIONS

There are many different applications of the RTI process. RTI is often implemented across three tiers, but Frederick County has developed a four-tiered model for reading and math teaching interventions.

Overview of the Tiers of Reading Intervention Programs

Tier I: Interventions provided by the general educator for Language Arts during

class time devoted to the English/LA essential curriculum

Tier II: Interventions that students complete in fewer than 18 weeks (requiring additional resources over and above the general education program for English/LA)

Tier III: Interventions reserved for use in response to specified goals on an Individualized Education Plan or for intensive need general education students

Overview of the Tiers of Mathematics Intervention Programs

Tier I: Interventions provided by the general educator for Mathematics

during class time devoted to the essential curriculum.

Tier II: Interventions which students complete in fewer than 18 weeks that require additional resources over and above the general education program for Mathematics. Pull-out/Tutoring.

Tier III: Interventions reserved for use in response to specified goals on an Individualized Education Plan or for intensive need general education students

ACCOUNTABILTY FOR RESULTS: Several fundamental elements contribute to a child’s success in school:

High quality research-based or evidence-based core instructional approaches and curriculum aligned with state and local standards and research proven best practices.

Evidence or research-based interventions and resources accompany core instructional programs. Based on data that indicates substantial lack of progress after implementation of classroom/Tier I interventions, schools provide additional intensive instruction in more substantial blocks of time, using interventions that match the specific skill deficit.

Universal screening of academics and behavior is implemented school-wide or district-wide in order to determine which students need closer monitoring or additional interventions. .

Continuous progress monitoring utilizes valid, reliable measures that are quick and easy to administer to identify the student’s current levels of performance, establish educational goals for improving learning outcomes, and measure the student’s academic performance on a regular basis.

Early intervention services are provided for children in grades K-12 who are not currently identified as needing special education or related services, but who need additional academic and/or behavioral support to succeed in a general education environment.

RESOURCES

Notional Professional Resources, Inc 25 South Regent Street Port Chester, New York 10573 800.453.7461 www.NPRinc.com

Maryland State Department of Education (MSDE) “A Tiered Instructional Approach to Support Achievement for All Students: Maryland’s Response to Intervention Framework” June, 2008

www.marylandpublicschools.org

Karen.Cochran@fcps.org

APPENDIX M

MARYLAND STATE EXIT DOCUMENT FACT SHEET:

The Maryland State Exit Document provides students with Individualized Education Programs (IEPs) important information that they may use as they transition from school to ost secondary activities. These activities may include employment, post secondary education, supported employment or independent living provided by community agencies.

The document is given to the students as a companion to the Maryland High School Diploma or the Maryland High School Certificate of Program Completion.

Young adults with disabilities must apply for assistance or reasonable accommodations whether it is in post secondary education, employment, or independent living services. The information contained in the document is very helpful to them in the application process.

The document is generated using a web-based program. This document is developed by a school staff member and the student with input from the student’s family.

Data for t he document is gathered at the student’s IEP Team meetings where transition planning takes place beginning in grade 9. Tthe document serves as an outline for transition planning.

The document provides potential employers, post secondary education institutions, and adult service providers with meaningful information about the young adult’s skills, strengths, and any supports that the young adult will need to be successful.

There are ten sections to the Maryland Exit Document. Each Section contains descriptors and specific information about the young adult.

1. Demographic Information 2. Course of Study 3. Educational Accommodations/Supports (needed for post secondary classes) 4. Employment Preferences (job/career/working conditions) 5. Personal Interests 6. Personal Attributes 7. Vocational Supports (needed for future employment) 8. Work History (job/training experiences) 9. References (from school personnel and employment personnel)

10, Skill Rating (academic. Personal, and vocational skill areas) www.marylandpublicschools.org

APPENDIX N

PROGRAMS, RESOURCES, AND SERVICES:

Programs:

Infants and Toddlers Program This interagency program provides early intervention services for children from birth to age 3 who are experiencing developmental delays in areas such as motor development, cognition, communication, social-emotional or self-help skills. Audiology, nursing, nutrition, occupational and physical therapy, speech and language therapy, and family counseling services are among the services available at no cost to families of children with developmental delays. The Frederick County Health Department is the lead agency for this program. Many community agencies, including the Frederick County Developmental Center, FCPS, the Frederick County Department of Social Services, Maryland School for the Deaf and Frederick County Head Start work together to meet the needs of young children and their families.

Special Education Pre-Kindergarten Programs Special education pre-kindergarten programs may be recommended for preschool aged students with an educational disability based upon the student’s approved IEP. Children may become eligible for these services after their third birthday. Special education and related services may be provided. Students are identified for these services through the Child Find process.

Challenges Programs

• Challenges I – Pre-Kindergarten • Challenges II - Elementary School • Challenges III – Middle School • Challenges IV – High School

These programs, located at Middletown Primary, Carroll Manor Elementary, Oakdale Middle, Governor Thomas Johnson Middle, and Governor Thomas Johnson High schools are designed for children with intensive needs in the areas of communication and social interaction. Challenges’ programs provide integrated support in the areas of communication, social interaction, academic skill development, executive functioning and play/leisure skills. Parent and family support is an essential component. Students are admitted through the County IEP Team process.

Pyramid Program

• Pyramid I – Elementary • Pyramid II – Middle • Pyramid III - High

These programs, located at Lewistown Elementary, Ballenger Creek Middle, New Market Middle, Heather Ridge High, and Tuscarora High schools, serve students with emotional/behavioral difficulties that significantly impact their educational progress. These programs provide direct counseling to address specific social/emotional/behavioral needs.

Students are admitted into the program through the County IEP Team process. Special education teachers instruct students using FCPS’ essential curriculum.

Heather Ridge School Programs This school provides an alternative educational program for secondary students with and without an educational disability who require a highly structured setting. Heather Ridge emphasizes family involvement and utilizes individual and group counseling to enable students to achieve the educational and behavioral objectives necessary to re-enter their home schools.

Heather Ridge operates a regular day program, as well as the Twilight Program and the Pyramid Program.

Success Program This program provides services for students ages 18 through the school year the students turn 21 who have completed 4 years of high school and are pursuing a Maryland State Certificate of Completion. Students must have a reasonable expectation of competitive employment. Independent living and work skills are emphasized. The school team works closely with the Department of Rehabilitation Services (DORS) and the Developmental Disability Administration (DDA). A referral to this program is made through the student’s high school IEP Team. A representative from either the SUCCESS Program or central office must attend this meeting.

Learning for Life Program This program focuses on functional life and academic skills. Direct preparation for independent living is included. The program builds on the student’s Alternate Maryland School Assessment (ALT-MSA) outcomes. Learning for Life includes self-contained, small group instruction, instruction in general education classrooms, as appropriate, and access to extracurricular school activities. As students enter high school, experiences in work, transition activities, and community experiences increase. Programs are located throughout the county at various schools. Students are referred to this program through the School IEP Team process, which includes the parents and appropriate special education coordinator (elementary, secondary).

Programs for Students with Hearing Impairment or Deafness Preschool students may participate in a centralized program receive intensive instruction from a teacher of the deaf and hard of hearing. The Total Communication philosophy is used in this class. Instructional areas include:

• Academic subjects • Auditory training • Sign language • Language and vocabulary development • Care and use of amplification device or hearing aid

Elementary students are integrated into mainstream academic classes on an individual basis, as appropriate. The teacher of the deaf and hard of hearing consults with general classroom teachers regularly, and provides training to the staff.

The needs of secondary students are met through the services of an itinerant teacher of the deaf and hard of hearing at their home school.

Transitional Employment Program The high school Transitional Employment Program for students with special needs emphasizes skills related to the world of work. Through the use of a variety of instructional materials, exploratory job placement, and hands-on activities, students experience many on-the-job situations. The program is available at all high schools and the Career and Technology Center.

Career and Technology Education (CTE)

In the FCPS system, all students are given the opportunity to participate in a wide variety of career education programs. Career and technology programs are available in all comprehensive high schools as well as the Career & Technology Center. Special Education services are available for students enrolled in vocational programs.

Emphasis on jobs and careers begins in the sixth grade with the development of a Career Portfolio. All students with disabilities may participate in a comprehensive career assessment battery in the eighth grade. The results of this battery are reported as interests and aptitudes and are then used in the development of transition plans.

Upon entering grade ten, students have several choices for career training at the Career & Technology Center. Special education assistance is available through the C-TESST Coordinator or several instructional assistants. An integral part of the curriculum is instruction in job readiness and work maturity skills. If a student chooses to remain in his/her home school, a variety of training programs are available, depending upon location. All career programs offer full inclusion opportunities.

Work-study classes are available to students entering the eleventh and twelfth grades. Work opportunities are found and monitored by the School Employment Coordinator. As often as appropriate, students are employed in the private sector. However, students who need specialized instruction or close supervision can be employed in their school buildings. A class in Consumer Education is part of the curriculum for students in the work-study program. A Transition Skills class is available to eligible students during their fourth year of high school, prior to their enrollment in the SUCCESS Program.

Rock Creek School Rock Creek School provides individualized special education programs for students with severe intellectual, physical, emotional, hearing, visual and learning disabilities, from age three through the school year they reach age 21. Students are placed at Rock Creek School through the County IEP Team process.

The school’s educational program is an adapted curriculum based on Maryland’s State Curriculum (SC). The primary level at Rock Creek focuses on the early childhood curriculum, while helping students become familiar with classroom routines and learning behaviors. The elementary level continues those same routines while introducing the adapted educational curriculum. Once students reach the middle school level, they will have the opportunity to rotate classes for different subjects, just like their same age peers. Finally, the high school level provides a transitional program that, in addition to teaching their academic curriculum, prepares students for employment or for further adult day placement through work-study programs and

vocational training. In addition to their homerooms, all students at Rock Creek have access to related services in such areas as art, music, physical education and swimming, occupational and physical therapy, speech/language therapy, and social skills.

Students in grades 3-8 and the 10th grade participate in the Alternative Maryland School Assessment (ALT-MSA), a state-mandated assessment program. This assessment includes the development of a portfolio that documents skill mastery in the areas of reading, math, and science.

Rock Creek School works closely with the ARC of Frederick County, Frederick County Developmental Center, Department of Rehabilitative Services, and Developmental Disabilities Administration.

RESOURCES:

Special Education Teacher Specialists

Special Education Teacher Specialists support school staff at each school level in developing and implementing special education programs for students with disabilities. They facilitate the integration of special education services with general classroom instruction – planning, scheduling, preparing materials, developing strategies, and working with teachers and administrators. Teacher specialists meet with school staff and parents as appropriate and provide observations, resources and strategies to staff and parents. They also provide a variety of staff development activities for school staff and parents. Teacher specialists provide instructional support to non-tenured teachers in the form of materials preparation, demonstration teaching, and conducting needs assessments.

Partners for Success

Located at the Flexible Evening High/Adult Education building in Walkersville, Partners for Success serves parents and educational professionals of all Frederick County Public School students and youth with disabilities age 3 through 21. Partners for Success is an information and referral service that offers problem-solving assistance, consultation, and training and support for parents. For educators, the program offers information on disabilities and support for making accommodations for students with special needs. For more information, contact the Partners for Success coordinator at 240-236-8430.

Technical Systems Support

The Helpdesk Database Technician in the Special Education Office provides first-line support for the Online IEP. In addition, general computer problems (printing, networking, etc.) may be reported to the Helpdesk Database Technician who will expedite any work orders to be

processed. Additional responsibilities include generating local and state reports and maintaining databases related to special projects

Services

Community Agency School Services (CASS)

CASS is a comprehensive service that provides integrated, collaborative, interagency services to families in Frederick County, Maryland. CASS works closely with schools, community agencies, and families to ensure immediate services to families. CASS emphasizes prevention and early intervention. Their service includes:

• Academic support • Preschool support programs • Individual counseling • Family counseling • Health care • Parenting seminars • Substance abuse counseling • Intensive in-home support • Family/child recreational programs • Summer camp for children

Frederick County Public Schools Career/Vocational Evaluation Frederick County Public Schools offers a Career/Vocational Evaluation for students who are in grades 8-12 and who receive special education services. The purpose of the evaluation is to help students in selecting a career pathway as they enter high school and assist with the development of an individual transition plan. The assessment requires 3-5 hours and is completed over one or more sessions.

The Career/Vocational Evaluation is intended for students who are unsure of their career interest or students who display an interest in attending the Frederick County Career and Technology Center.

Special education case managers who wish to refer students for the evaluation must complete the Career/Vocational Checklist and obtain a signed parental consent. The evaluation is completed at the student’s school. A quiet place and a VCR are needed for the evaluation to be administered.

Contact the Career/Vocational Facilitator at 301-644-5273 if you have questions regarding the Career/Vocational Evaluation process or to obtain additional checklists and/or parental consent forms.

Special Education Citizens Advisory Committee (SECAC) The SECAC was established in December 2004 in response to revisions to Maryland Statute (COMAR). The committee is comprised of 28 members representing parents of students with disabilities, FCPS staff, and community agencies. Members serve a two-year term, and new members are solicited annually. SECAC meets monthly during the school year and advises the

director of special education. For more information, call the special education office at 301-644- 5295.

Related Services

“Related Services” means transportation and such developmental, corrective, and other supportive services as may be required to assist a student with a disability to benefit from special education. Related services may include speech/ language therapy, psychological services, physical and/or occupational therapy, and travel training. The term also includes school health services and social work services in schools, and parent counseling and training.

Related services do not include a medical device that is surgically implanted, such as a Cochlear Implant.

Counseling Services

“Counseling services” means services provided by qualified social workers, psychologists, school counselors, or other qualified personnel.

Counseling services are provided to students who receive special education and related services who have been identified by the IEP Team as requiring counseling through the IEP process.

School Support Programs

School Support Programs are designed to help students in grades 6 through 12 learn in the general school environment rather than in a more restrictive environment, and to adapt and cope when they return from a more restrictive setting to their home schools.

Educational Interpreter

The educational interpreter provides interpreting and other support services to eligible hearing- impaired students in FCPS. The educational interpreter’s primary function is to facilitate communication between students with hearing impairments and their teachers, peers, and others in their educational environment. The preferred sign system in FCPS is Signed English.

Audiological Services

Audiological Services include:

• Identification of students with hearing loss; • Determination of the range, nature, and degree of hearing loss, including referral for

medical or other professional attention for the habilitation of hearing. • Counseling and guidance of students, and parents regarding hearing loss; • Determination of the student’s need for individual FM amplification systems and

programming settings. Students receive audiological assessments and hearing aid checks on a regular basis as recommended by the audiologist. Audiological services are provided through the Frederick County Developmental Center. (See the Flowchart for Audiological Assessment, form SE:1E, page 3.)

Adapted PE, Art, and Music When the school IEP Team has identified the need for program adjustments in PE, Art, and Music to accommodate a student with disabilities, the case manager should contact the itinerant teacher in the appropriate area for consultation. The itinerant teachers are based at Rock Creek School.

Occupational Therapy – Physical Therapy

“Occupational Therapy” (OT) facilitates the student’s development of functional fine motor, visual motor, and sensory processing skills necessary for participation in his/her educational program. OT may address manipulation of materials, use of classroom tools, and unusual responses to the classroom sensory environment.

“Physical Therapy” (PT) facilitates the development of the student’s motor abilities necessary for functional mobility within the school environment for safe participation in school activities. Physical Therapists may address balance, coordination, posture, and gross motor skills for students with disabilities. Therapists may identify possible architectural barriers, evaluate seating and positioning needs, and provide equipment recommendations.

School districts are required to provide OT and PT as a related service to students with disabling conditions. Children identified as disabled under Section 504 of the Rehabilitation Act of 1973 are also eligible for services.

Speech and Language Services

Itinerant speech/language services are designed for the student who has been identified through the IEP process as having a disability in speech, language, and/or hearing. These services are provided by the speech/language pathologist, or the special education teacher on an intermittent or continuous basis. The areas of remediation may include speech, language, fluency, and voice.

Augmentative Communication & Technology (ACT) Team

Assistive technology is a related service for students with special needs who require technology to assist them in accessing their educational program. Assistive technology may be recommended for a student by the IEP Team in the areas of communication, written language, computer access, reading, math, activities of daily living, mobility, environmental control, vision, hearing, and optimum positioning. Assistive technology ranges from “lo-tech” interventions, such as writing paper with raised lines, pencil grips, communications boards, sign language, and picture schedules, to “hi-tech” interventions, such as voice output communication devices and specialized computer software.

Assistive Technology Device

Assistive technology1s an item, piece of equipment, or product system, whether acquired commercially off the shelf, modified or customized, that is used to increase, maintain, or improve the functional capabilities of a student with a disability.

The IEP Team is required to consider each special education student’s need for assistive technology devices or services. It is the responsibility of the IEP Team to plan and implement goals and objectives to accommodate the student’s individual needs. Modifications and adapted materials may enable the student to meet his current IEP goals. If the current interventions are not meeting the student’s individual needs, the IEP Team should discuss the need for assistive technology and consider making a request to the ACT Team for assistance.

Transportation

“Transportation” includes travel to and from school and between schools, travel in and around school buildings, and specialized equipment, such as special or adapted buses, lifts, and ramps, if required to provide special transportation for a student with a disability.

Transportation services are provided by FCPS. Transportation may be considered a related service if it is required to assist a student with a disability to benefit from special education. Service needs are determined on an individual basis by the IEP Team and if transportation is a related service, it must be documented in the IEP and in the IEP Team Meeting Report (SE 7). If a student requires special transportation, it is the responsibility of the case manger to complete the Special Transportation Request form and send a copy to the appropriate special education coordinator. Removal of transportation as a related service must follow the same IEP procedures as other related services. The IEP Team must consider a parent request for removal or denial of transportation. If transportation is to be considered at an IEP meeting, the Transportation Office needs to be contacted prior to the meeting so that those concerns may be addressed appropriately.

Crisis Prevention & Intervention

Crisis prevention and intervention provides support during a situation where a student’s ability to make appropriate decisions is compromised due to emotional or behavioral factors. The intent is to provide a student the opportunity to understand the situation, problem solve, and work towards developing strategies to use in similar situations.

Rehabilitation Counseling Services

“Rehabilitation counseling services” means services provided:

• By qualified personnel in individual and group sessions that focus specifically on: • Career development; • Employment preparing; • Achieving independence; and • Integration in the workplace and community of a student with a disability.

• To students with disabilities by vocational rehabilitation services funded under the Rehabilitation Act of 1973.

School Health Services

“School health services” are provided by a qualified school nurse, or other qualified individual.

Psychological Services for Recreation Psychological Services for “Recreation” consists of services that include assessment of leisure function, therapeutic services, recreation programs in schools and other community agencies and leisure education.

Psychological services for recreation may include:

• Administering psychological and educational tests, and other assessment procedures; • Interpreting assessment results; • Obtaining, integrating, and interpreting information about student behavior and

conditions relating to learning; • Consulting with other staff members in planning school programs to meet the special

needs of students as indicated by psychological tests, interviews, observations, and behavioral evaluations;

• Planning and managing a program of psychological services, including group and individual psychological counseling for students, parent support and education, and crisis intervention;

• Providing professional development to school staff and community members on educational disabilities, mental health issues, and appropriate interventions;

• Assisting in conducting functional behavior assessments and developing positive behavioral intervention strategies; and

• Providing direct services to students. Social Work Services in Schools

Social work services in schools may include:

• Preparing a social or developmental history of a student with a disability; • Group and individual counseling with the student and family; • Working with those problems in a student’s living situation, such as home, school,

and community, that affect the student’s educational performance in school; • Mobilizing school and community resources to enable the student to learn as

effectively as possible in the student’s educational program; and • Assisting in the development of positive behavioral intervention strategies.

Special Education Instructional Assistant (SEIA) Support The process for requesting special education instructional assistant support follows:

• After schools have exhausted all resources and strategies in the building to meet the needs of their students, the principal will contact the appropriate special education coordinator to discuss the need for additional support staffing.

• The special education coordinator will gather all pertinent information from the principal and request additional information, as required.

• The coordinator will share the school’s request with the supervisor of special education.

• The decision to assign additional support staff will be approved by the supervisor, who will notify the school and the Human Resources Department.

• If additional staffing is not approved, the special education department will make other recommendations to assist the school in problem solving.

• Documentation of the assistant support will be maintained in the school’s staffing records. Priority students receiving assistant support who have gone through the process to receive a SEIA will have “Instructional Assistant Support” documented in the supplemental aids and services section of their IEP.

• The principal, in collaboration with the school-based special education team, will determine the schedule and specific responsibilities of SEIAs assigned to their school.

Itinerant Services

Itinerant Services for the Blind and Visually Impaired

Itinerant vision services are designed to meet the needs of students who have been identified through the IEP Team process as having a visual impairment (blind or partially-sighted). Services may include direct instruction, teacher consultation and classroom observation, along with adaptation of materials, and orientation and mobility training.

Additional diagnostic and consultative services may also be provided, as appropriate, through the Maryland School for the Blind (MSB).

Itinerant Services for the Deaf and Hard of Hearing Itinerant hearing services are designed to meet the needs of students who have been identified as deaf or hard of hearing by the IEP Team. Services may include direct instruction, teacher consultation, and classroom observation, along with adaptation of materials.

Additional diagnostic and consultative services may also be provided, as appropriate, through the Maryland School for the Deaf (MSD).

Concluding Notes: Special Education Policies and Procedures Forms for Documenting Compliance with State and Federal Regulations may be located at FCPSTeach.org

Compliance Monitoring; Disproportionality Committee; Extended School Year (ESY) Forms and Instruction; IEP Team Resources; MOD MSA/HSA Resources; on-line IEP Resources; Psychological Services; Special Education Forms; Woodcock Johnson III; use the search feature for other needed documents.

APPENDIX O The IEP must document the following:

1. Description of the student’s present levels of academic achievement and functional

performance, including: • how the student’s educational disability affects the student’s involvement and

progress in the essential curriculum; • how the disability for a preschool student affects the student’s participation in

appropriate age-level activities; • how needs identified by assessments and classroom performance are addressed.

2. Measurable annual goals, including academic and functional goals designed to: • meet the student’s needs that will enable the student to be involved in and progress in

the essential curriculum; • meet each of the student’s other educational needs that result from the student’s

educational disability. 3. Benchmarks or short-term objectives. 4. Goals that can reasonably be accomplished within one academic year. 5. Appropriate objective criteria and evaluation procedures for determining whether the annual

goals are being achieved. 6. Criteria should be as specific as possible for the objective. It should be stated in terms of

specific percentages, trials, frequency counts, or other objective measures. 7. Procedures for evaluation should be appropriate for the objective and be designed to

determine if the mastery criteria have been met. “Teacher observation” is only an appropriate procedure if coupled with an objective data measure.

8. The schedule for review should be periodic (quarterly report as a minimum). Data will be collected regularly on each student’s IEP throughout the school year. At each of these data reviews, the following types of data may be recorded:

• Scores on teacher-made tests; • Teacher observation; • Individual and group assessment results; • Progress reports from the classroom teacher; • Student progress charts (daily records of progress);

9. The special education and related services and supplementary aids and services to be provided to the student and the extent to which the student will participate in general education programs.

10. Special education services, along with the month, day, and year of I initiation of the services and projected duration of the services must be addressed. Services must be provided based on the needs of the student and not upon availability of services within an individual building nor can services be based upon scheduling considerations;

• Statement of the specific related services to be provided to the student. Each service to be provided must include the month, day, and year of initiation of the service as well as the anticipated duration of each service; (For additional information on related services, see Section XII.)

• The extent to which the student will participate in general education programs may be indicated in a variety of ways. The IEP must include the amount of time (based on the length of the school day) the student will spend in general education programs.

The IEP Team may also choose to delineate specific programs, curriculum areas, subject areas, or other information, which clarifies the student’s participation.

11. Program modifications or supports for school personnel that will be provided for the student to enable the student to:

• Advance appropriately toward attaining the annual goals; • Be involved in and make progress in the essential curriculum;

• Participate in extracurricular and other nonacademic activities; and • To be educated and participate with other students with disabilities and students

without disabilities. 12. An explanation of the extent, if any, to which the student will not participate with students

without disabilities in general education; 13. A statement of any individual accommodations that are needed for the student to participate

in state-wide or county-wide assessments. Any modifications to assessments must be part of the student’s required instructional modifications (i.e. adaptation of curriculum, equipment and facilities), as appropriate.

14. Supplementary aids and services required to facilitate participation in general education programs (i.e. art, physical education, music, vocational education, etc.) should be included.

15. If the IEP Team determines that a student will not participate in a particular state-wide, or county-wide assessment, the IEP Team will document:

• Why the assessment, or part of an assessment, is not appropriate for the student; and • How the student will be assessed.

16.The projected dates for initiation of services, including the anticipated frequency, location, and duration.

17. A statement of how the student’s progress toward the annual goals will be measured and how the parents will be regularly informed (i.e. periodic report cards) at least as often as parents are informed of their non-disabled student’s progress. These reports will include the student’s progress toward the annual goals and the extent to which that progress is sufficient to enable the student to achieve the goals by the end of the year.

18. Transition Services are a coordinated set of activities for a student with a disability, designed

within an outcome-oriented process that is focused on improving the academic and functional achievement of a student with a disability.

19. Transition activities and services are based on the student’s needs, taking into account the

student’s preferences and interests. Activities may include: • Post-secondary education • Career and technology education • Supported employment/work study • Continuing and adult education • Adult services • Independent living • Community participation • External agencies • Needed activities in the areas of instruction, related services, community experiences,

development of employment, or other post-school adult-living objectives; • Acquisition of daily living skills; and • Functional vocational evaluation, if appropriate; • Exit Document.

20. Transition planning begins at age 14 for a student with a disability and must be in effect when the student is 16. The IEP must include appropriate measurable postsecondary goals related:

• training • education • employment • independent living skills, where appropriate, and • Interviews with the student to gather information regarding interests, strengths, needs,

and goals. The student should be invited to the IEP Team meeting where the Transition Plan is developed or discussed (SE:6A, Student Notification of IEP Team Transition Meeting).

• meetings with outside agencies with some students (i.e. Department of Rehabilitative Services, DORS). SE:6C (Documentation of Student/Agency Input Transition for Individualized Education Program)

APPENDIX P Student Assessments:

A student will be assessed in all areas related to the suspected disability, as appropriate. Consideration is given to:

• Academic performance (reading comprehension, basic reading skills, math calculation, math reasoning, written expression, English, science, social studies, and vocational instruction)

• Cognitive/intellectual (including adaptive behavior) • Communicative status:

• Speech (articulation, voice, and fluency) and • Language (receptive and expressive)

• Health history • Hearing • Motor abilities • Social, emotional, behavioral status (including the ability to interact appropriately

with peers and adults, establish age-appropriate relationships, etc.) • Socio-cultural background (including data related to the socialization practices of the

family’s culture which may assist in developing teaching strategies appropriate to the motivational and learning styles of the student)

• Vision • Functional Performance • Response to previous interventions • If the student is suspected of having a specific learning disability, a formal

observation of the student (Student Observation, SE:4) must be completed by at least one member of the IEP Team other than the in a general classroom setting or, if the student is younger than school student’s general classroom teacher. The student should be observed age or not in school, in an environment appropriate for a student of that age.

A formal observation of the student may not be conducted until the parent has given written consent for an evaluation, including a classroom observation.

A variety of assessment tools and strategies will be used to gather relevant functional, cognitive, developmental, behavioral, and physical information, as appropriate, that directly assists the IEP Team in determining:

• If the student has an educational disability that requires special education • The content of a student’s IEP, including information related to enabling the student

to be involved in and progress in the essential curriculum, or, for preschool students, to participate in appropriate developmental activities

As part of an initial evaluation (if appropriate) and as part of any reevaluation, the IEP team and other qualified professionals, as appropriate, shall, on the basis of that review, and input from the child’s parents, identify what additional data is needed to determine:

• Whether the child is a child with a disability; • The educational needs of the child, or, in the case of a reevaluation of the child,

whether the child continues to have such a disability and educational needs; and • The present levels of academic achievement and functional performance of the child.

APPENDIX Q Transfer Students:

Transfer Students Receiving Special Education Services

FCPS will implement procedures for the initiation of special education and related services for students who transfer within the state and students who transfer from another state into Frederick County. Students must first be enrolled in a Frederick County school before IEP services are determined and initiated.

When the student’s existing IEP calls for services within the continuum of services provided at the home school, the home school must enroll the student immediately, implement the existing IEP, and schedule an IEP meeting within a reasonable time to adopt the current IEP or approve a new IEP.

When the student’s existing IEP calls for services beyond the continuum of services provided at the home school, the home school must contact the appropriate special education coordinator to facilitate the placement. The IEP meeting will occur at the proposed site, with the appropriate members in attendance, including staff from the home school. The existing IEP will be implemented as a reciprocal placement and the student will enroll immediately at the alternative site. The IEP team will schedule an IEP meeting within a reasonable time to adopt the existing IEP or approve a new IEP.

Out-of-state transfers will receive FAPE comparable to the previous IEP through consultation with the parent. The school team may choose to conduct an evaluation and develop a new IEP, if appropriate, but in all cases the IEP meeting will be an initial eligibility meeting and the FCPS IEP will require parent signature for consent of services.

In-state transfers will receive FAPE comparable to the previous IEP through consultation with the parent. The IEP team may choose to adopt the previous IEP or develop a new one, if appropriate.

Transmittal of Records

The new school in which the student enrolls will be responsible for obtaining the student’s records within a reasonable time. Central office staff is available to help facilitate this process.

Temporary Service Plan

FCPS will temporarily place an eligible student with disabilities transferring to FCPS in a program as part of the evaluation process. The temporary placement is in effect before the IEP is finalized to aid in determining the most appropriate placement for the student. To ensure that the temporary placement does not become the permanent placement before the IEP is finalized, the procedures must include:

• Development and approval of a Temporary Service Plan, which includes specific conditions and time lines (e.g., 30 days) for completing the evaluation and making a decision about the most appropriate program and placement for the student;

• Obtaining written agreement from the parents to the interim placement; and • Conducting an IEP Team meeting at the end of the temporary placement in order to

finalize the IEP.

APPENDIX R Suggested Guidelines for Addressing the Educational Needs of English Language Learners (ELL):

The Maryland State Department of Education requires that, prior to entrance into an English Language Learning (ELL) program, students with limited English proficiency be screened using the Language Assessment Scale (LAS). This test is also administered again at the end of the school year to evaluate student progress. The ELL Registrar administers this screening tool. The ELL Registrar also administers a math proficiency test to assess basic math skills for secondary students. In addition, the ELL Registrar gathers an extensive family history. A review of all the information gathered from those tests should be shared with appropriate school personnel to serve as a baseline regarding students’ academic functioning.

The ELL and/or general education teacher identifies a student’s needs or concerns. These needs/concerns may reflect one or more of the following areas: lack of gains in English proficiency, inappropriate social interactions, inability to follow established school routines, inappropriate behavior, attentional problems, acculturation and appropriateness of learning environment.

Every student exhibits a different profile, and therefore each case must be considered individually. The expertise of an ELL staff member is an excellent resource for determining a student’s progress.

Collaboration between general education and ELL staff to develop appropriate interventions and strategies must occur. Anecdotal records and data collection must be analyzed to determine if interventions are effective and whether changes need to occur. Examples of interventions include:

• Conducting an observation of the student (by an ELL representative in

both ELL classes and general education classes) • Assigning a “buddy” to assist a student receiving ELL services in the general

education classroom • Providing training for staff to familiarize them with the appropriate modifications for

ELL students (i.e., avoiding multi-part instructions, asking student to repeat or paraphrase instructions)

• Contacting parents to gather information regarding the student’s exposure to the English language at home and/or other factors that may be influencing the student’s functioning at school. The ELL Bilingual Community Liaison is available to help communicate with parents who have limited English proficiency. This communication will also keep the parent apprised of concerns the school may have.

A timeframe should be established for implementation of the interventions and completion of evaluations of student progress. If, after the designated intervention period, concerns remain, the student should be referred to the school’s Student Services Team (SST). An ELL representative must be invited to this meeting.

At the SST meeting, participants will review the interventions previously implemented, and determine the need for additional information. This may include the administration of the Bilingual Verbal Ability Test, which assesses the student’s verbal abilities in his/her primary and secondary languages. Further interventions and strategies should be identified, and a timeframe established for review. Anecdotal records and data collection need to continue.

APPENDIX S

Functional Behavior Assessment (FBA)/Behavior Intervention Plan (BIP):

A functional behavior assessment is an important tool for use when a student displays problem behavior. When discipline issues arise for a student with a disability, the school must consider the need for such an assessment as part of the process of developing effective behavioral interventions.

There is a connection between assessment and intervention. Assessment should be designed to result in information that will assist school personnel to develop and/or revise a plan of interventions to be included in a student’s educational program. For students with disabilities, the student’s educational program is to include behavioral interventions if the student exhibits behaviors that are interfering with his or her learning or the learning of others, or when there exists a pattern of disciplinary suspensions.

The FBA is an integrated problem-solving process that provides a framework for reliably predicting:

• why a student is acting inappropriately – context, pattern, function of behavior; • what factors in the environment contribute to the occurrence of the behavior, and; • what strategies might be used to bring about positive change.

The FBA is collaborative, instructional, child-centered and classroom based, and uses dialogue and strategies that are familiar, easy to learn and teach, and are research and data based.

An assessment of a student’s behavior can and should be conducted by a variety of professionals. The selection of the appropriate person or persons to be involved should be dependent upon the behavior, the location, and the information to be gathered. Educators, counselors, parents, pupil personnel workers, school psychologists, social workers, and others may possess the skills and ability to participate in behavioral assessment.

An assessment of student behavior should:

• Be specific to the setting in which the behavior occurs; • Provide information that will be useful and understandable to all persons, including

the parents and the student, as appropriate; • Be applicable across instructional and non-instructional settings; • Produce clear, sufficient, manageable strategies to change the problematic

behavior(s); • Result in a plan to be used by the student’s teachers and school personnel to change

the behaviors determined to be inappropriate, disruptive, or that interfere with the student’s learning or the learning of others.

Process for Conducting the FBA and Developing a BIP • Identify and define the specific behavior

• Behavioral definition; observable, descriptive of the behavior • Include antecedent, behavior, consequence and student response

• Identify the events/circumstances regularly associated with the occurrence and non- occurrence of the challenging behavior • Identify situations in which the behavior is distinct and predictable • Identify the details and pertinent variables in the contexts in which the

challenging behavior is likely to occur • Determine the potential function(s) of the behavior

• Assess if behavior is a skill deficit (student does not know how to do the skill), or a performance deficit (student chooses not to do the skill)

• Examine the consequences that follow the behavior • Determine if the behavior serves more than one function

• Develop statements that describe the relationship between the behavior and the events/circumstances in the environment. Statements must be specific, based on observation, and phrased in such a way that the environment can be manipulated to create changes in the behavior.

• Develop an effective intervention that includes Preventing Strategies: Modify the context so those events that are associated with the challenging behaviors are removed or changed.

• Develop an effective intervention that includes Teaching Strategies: Teach desirable alternative behaviors that will achieve the same function(s) as the challenging behavior. Provide practice in performing the taught skills.

• Develop an effective intervention that includes Reacting Strategies: Alter the response to the challenging behavior to make sure that functional outcomes to the challenging behavior are no longer occurring.

• Determine the positive consequences that can be used to promote the desired behavior.

• The date of the IEP team meeting where the FBA was conducted and the BIP was developed should be the same. The IEP team meeting date should be identified on the upper right-hand corner of the FBA (SE:27) and BIP (SE:28).

• The BIP should be copied to carry the current BIP forward with each subsequent IEP. The FBA should be filled out by persons that are familiar with and interact with the student and will contribute pertinent information. These persons can include teachers, support staff, counselors, and other school staff. The FBA should be distributed, completed, and collected before the IEP Team meeting. Once the team has convened for the IEP Team meeting, the BIP should be designed considering all of the information that have been included on the FBAs. The student, when appropriate, should be involved in the formulation of the BIP.

Refer to forms SE:27, FBA, AND SE:28, BIP.

Functional Behavior Assessment/Behavior Intervention Plan

The Functional Behavior Assessment (FBA)/Behavior Intervention Plan (BIP) process is data- driven, labor and time intensive, and should be implemented only after all other academic and behavioral interventions have been attempted.

The FBA is an important process for use when a student displays a pattern of behavior that interferes with their learning or the learning of others. When there is a significant interfering behavior and/or a pattern of discipline issues that arise, the school must consider this assessment procedure. The FBA is an integrated problem-solving process that provides a framework for predicting:

• Function of Behavior • Environmental Factors – antecedents, settings, and results/outcomes • Effective Intervention Strategies

The BIP is a formal written document that provides a structure for reducing the behavior of

concern and increasing access to education and includes: • Summary/Hypothesis • Behavioral Goal • Prevention Strategies • Teaching Strategies • Reinforcement Strategies • Response Strategies

The process requires ongoing data collection and evaluation to determine the effectiveness of the BIP. For students receiving special education services, the FBA/BIP process must be conducted when there is a pattern of disciplinary action resulting in removal from the general education setting (COMAR 13A.08.03.03)

Process Guide: Functional Behavior Assessment/Behavior Intervention Plan

School teams should use this checklist to guide them through the process of conducting a functional behavioral assessment (FBA) and writing and implementing a positive behavior intervention plan (BIP). Date: Facilitator: Student: Age/Grade: Behavior(s) of concern: DATE FUNCTIONAL BEHAVIOR ASSESSMENT STEP ONE (Could occur at an SST, IEP, Student Concerns Meeting, etc.)

• Secure parental consent for FBA. If student is special ed, 504, or in the special education/504 eligibility process, use SE:2 - Parental Consent, if general ed, use Parent Consent for FBA

• For students who receive special education or are in the eligibility process, all special education assessment timelines and the 5 day rule apply

• If parents refuse permission, do not proceed with the FBA. You may use all existing data to create a BIP.

• Gather multiple sources of information (including student records, medical records, IEP or 504 Plan) from various individuals (e.g., teachers, parents, classmates, and student)

• A general idea of the behavior of concern is developed and written into the FBA forms • If a student who is special ed, 504 or in the special ed/504 eligibility process is disciplinarily

removed beyond 10 days of suspension, they must have a FBA that focuses on the specific behavior that caused the removal beyond 10 days

• Distribute the FBA forms STEP TWO

• Review FBA forms to confirm the specific behavior of concern • Determine the direct measure* for collecting baseline data (e.g., ABC chart, frequency count,

scatter plot) and distribute appropriate forms. Collect data for a minimum of five days. • Determine the additional indirect measure* (e.g., student interview, checklist, questionnaire) and

distribute appropriate forms • Determine who will be responsible for completing the direct and indirect measures

DATE BEHAVIOR INTERVENTION PLAN STEP THREE

• Bring and review the following information: o FBA forms o Additional indirect measure o Direct measure

• Draft a Behavior Intervention Plan o Use the Rubric for Quality Components for guidance o For students receiving special education present the BIP at an IEP meeting. o For general ed students present the BIP at a team meeting including parents & if

appropriate, student • Select direct measure for collecting ongoing data • Set date to review data (approximately 4-6 weeks)

DATE BIP REVIEW • Ongoing BIP data reviews should occur at least quarterly to monitor progress.

• Update BIP as appropriate or discontinue when no longer needed and inform parents. For students receiving special education services, discontinuation is an IEP team decision.

* All forms and samples can be found on InsideFCPS.org under Special Education Forms and on the K drive in the Student Services folder.

Considerations:

Parents and students may be invited to participate and provide input at any point throughout the process.

For severe infrequent behaviors more anecdotal measures may be used (e.g. referrals, teacher notes).

All documents should be kept in the special education folder for students receiving special

education and the cumulative file for general education students. This includes instances when an

FBA does not lead to a BIP.

APPENDIX T

TIMELINES MOST FREQUENTLY USED:

Event/Circumstance Timeline Prior written notice to parents before an IEP Team Meeting (3 documented attempts required)

10 calendar days in advance of the meeting

Procedural Safeguards/Parental Rights (OR:10) given to parents

Sent to parents with Notice of IEP Team Meeting (SE:6) for screening IEP Team Meeting and offered to parents at each IEP Team Meeting

Notification of results of IEP Team Meeting when parent does not attend

Within 10 school days of the meeting date

Initial Assessment 60 days from parental consent, unless waived by the IEP Team at the annual IEP Team Meeting

Reevaluation determined by the IEP Team Meeting

90 calendar days from the date on the Screening Referral (SE:6), the date of receipt or written parent request (includes summer vacation period), or the date of the IEP Team Meeting where assessments are recommended

Initial IEP Development Within 30 calendar days of the eligibility meeting IEP implementation As soon as possible following an IEP meeting or

IEP revision Annual review Within one calendar year of the date of the

previous Annual Review with projected date of initiation (13A.05.01.09)

Reevaluation Within 3 calendar years of the date of the previous IEP

Suspension/Discipline IEP Team Meeting (13A.08.03.01)

At 6th school day of suspension and in excess of 10 school days of suspension and determine if the behavior was caused by the disability (manifestation determination)

Functional Behavior Assessment (FBA) Functional Behavior Intervention Plan (FBIP)

At 6th school day of suspension, or earlier, if the behavior is chronic or a pattern is developing that is interfering with the student’s learning

Interim Alternative Educational Setting Up to 45 calendar days from evaluation Home/Hospital teaching Services (H/HTS) for a student in emotional crisis (13A.03.05.05)

May not exceed 60 consecutive school days (Regulation 400:37-2.B.4) Review need for services 60 calendar days after initial determination of eligibility

Event/Circumstance Timeline Extended School Year (ESY) Final Decisions

By April 15

Review of Graduation Status at IEP Team Meeting

Beginning at age 9 or when the student enters 3rd

grade, and then reviewed annually Transition Plan (Exit Document) for post secondary education or for employment

By age 14, or earlier if appropriate, and then reviewed at least annually

APPENDIX U Home Schooling

13A.10.01 State Bd. of Education, General Regulations, Annotated Code of Maryland

.01 Home Instruction Program

A. Purpose.

The purpose of this regulation is to establish a procedure to be used by the superintendent of each local school system to determine if a child participating in a home instruction program is receiving regular, thorough instruction during the school year in the studies usually taught in the public schools to children of the same age.

B. Written Agreement.

(1) A parent or guardian who chooses to teach his or her child at home shall initially sign a statement on a form prescribed by the State Department of Education which: (a) Indicates consent to the requirements set forth in §§C, D, and E of this regulation; and (b) Shall be submitted to the local superintendent at least 15 days before the beginning of a home instruction program.

(2) Annual Verification. Annually thereafter, before the beginning of the school year, a parent or guardian shall verify the continuation of home schooling for his or her child with the local school superintendent or with the supervising nonpublic school or institution described in Regulation .05 of this chapter.

(3) Change in Status. A parent or guardian shall notify the local school superintendent or the supervising nonpublic school or institution described in Regulation .05 of this chapter if a change occurs in the home school status of a child during the school year.

C. Instruction Program.

The home instruction program shall: (1) Provide regular, thorough instruction in the studies usually taught in the public schools to children of the same age; (2) Include instruction in English, mathematics, science, social studies, art, music, health, and physical education; and (3) Take place on a regular basis during the school year and be of sufficient duration to implement the instruction program.

D. Educational Materials.

A parent or guardian who chooses to teach a child at home shall maintain a portfolio of materials which: (1) Demonstrates the parent or guardian is providing regular, thorough instruction during the school year in the areas specified in §C(1) and (2); (2) Includes relevant materials, such as instructional materials, reading materials, and examples of the child's writings, worksheets, workbooks, creative materials, and tests; (3) Shall be reviewed by the local superintendent or the superintendent's designee at the conclusion of each semester of the local school system at such

times as are mutually agreeable to the local superintendent or designee and the parent or guardian.

E. A parent or guardian shall agree to permit a representative of a local school system to review the portfolio of educational materials, discuss the instructional program, and observe instruction provided that all of the following requirements are met:

(1) The review is at a time and place mutually agreeable to the representative of the local school system and the parent or guardian; (2) The purpose of the review is to ensure that the child is receiving regular, thorough instruction as set forth in §C; (3) There are not more than three reviews during a school year.

F. Additional Requirements. A local school system may not impose additional requirements for home instruction programs other than those in these regulations.

.02 Voluntary Participation in Standardized Testing

Upon request of a parent or guardian, a child receiving home instruction may participate in the regularly scheduled standardized testing programs that are administered in the public school the child is eligible to attend.

.03 Noncompliance with Requirements

A. Failure to Consent. If a parent or guardian does not agree to the requirements of Regulation .01B, C, and D, above, a child shall be enrolled promptly in a public school or nonpublic school as defined in COMAR 13A.09.09.02B(9).

B. Deficiencies in the Program. If a local superintendent determines on the review of the home instruction program or inspection of the portfolio that a child is not receiving a regular, thorough instruction program in conformity with Regulation .01C and D, the local superintendent shall notify the parent or guardian in writing of any deficiencies in the program. The following apply: (1) Within 30 days of receipt of notification of any deficiencies, the parent or guardian shall provide evidence to the local superintendent that the deficiency has been or is being corrected. (2) If a local superintendent determines there is not a satisfactory plan to correct a deficiency or if a deficiency is not corrected, a child shall be enrolled promptly in a public school or a nonpublic school as defined in COMAR 13A.09.09.02B(4)(a).

.04 Placement in Public School Upon application of a child for admission to a public school from a home instruction program, the local superintendent shall determine by an evaluation the placement of the child and any credits to be awarded toward high school graduation. The evaluation may include administration of standardized tests and examinations and interviews with the child.

.05 Home Instruction Under Supervision of Nonpublic School

A. A parent or guardian may provide instruction for a child at home without compliance with the requirements of this regulation, other than the requirements of Regulations .01B(1)(b) and .04, if that instruction is offered through correspondence courses and is under the supervision of a: (1) School or institution offering an educational program operated by a bona fide church

organization, and the supervision includes at a minimum all of the following components: (a) Preenrollment conferences with parents or guardians, (b) Textbooks, lesson materials, and other instructional materials or equipment designed to be used independently by the pupil at a site other than a school, (c) Annual visits by supervisory personnel to the site where the pupil is receiving instruction, and (d) Conferences with parents or guardians at appropriate intervals during the period of enrollment; or (2) Nonpublic school with a certificate of approval from the State Board of Education, and the supervision includes at a minimum all of the following components: (a) Textbooks, lesson materials, and other instructional materials or equipment designed to be used independently by the pupil at a site other than a school, and (b) Assignment of a school-based teacher to assist the home teacher in using the correspondence courses and to assist the pupil by issuing progress reports, marking papers, and grading tests.

B. Annual Verification. The supervising nonpublic school or institution described in §A of this regulation annually shall: (1) Verify with the local school superintendent the identification of home schooled students whose instruction is continuing under its supervision; (2) Notify the local school superintendent of the identification of home schooled students whose instruction is newly added to its supervision; and (3) Provide the local school superintendent with the identification of home schooled students whose instruction is no longer under its supervision. C. Change in Status. The supervising nonpublic school or institution described in §A of this regulation shall notify the local school superintendent if a change occurs in the status of a home schooled student whose instruction was under its supervision during the school year.

Revised 2003

APPENDIX V

Charter School Application Process

Procedures: A Charter School applicant may submit an application in accordance with provisions outlined in Board Policy 440 and the following procedures:

A. Submittal of Concept Proposal

1. The purpose of providing a concept proposal is to provide the applicant the opportunity to informally share information and receive feedback from the board.

2. A concept proposal may be submitted by May 1 of the year preceding the proposed

starting date in order for the board to provide initial feedback prior to the application process.

3. The FCPS web site provides an exhibit entitled, “Concept Proposal for a Charter

School” as a resource if the applicant seeks to submit a proposal, including additional required forms.

B. Application Process

Those interested in applying to operate a public charter school must submit an application to the superintendent by August 1 of the year prior to the proposed starting date. The applicant shall submit eight (8) copies of the application for distribution to the superintendent and board members with appropriate permissions acknowledged for photocopying any material that is copyright protected. Each application shall include but not be limited to the following components:

1. Vision and Mission Statement – The applicant’s vision for the public charter school

and a mission statement as to how t he vision will be achieved.

2. Action Plan – Specific action plans and strategies for developing and delivering educational programs and services including the provision for special populations.

a. Philosophy and goals of the program b. Education levels to be offered (preschool, elementary, middle, secondary) c. Student to teacher ratio d. Unique focus of the school program as appropriate (i.e., reclaiming dropouts,

utilizing specific instructional programs) e. Fully developed curriculum sowing alignment with the Maryland State

Curriculum f. Instructional methods to implement the curriculum g. Appropriate technology equipment, libraries, and other media available h. Length of student instructional day i. Extracurricular offerings j. Extended day program/supplemental programs – both free and fee-based k. Provision for transportation, if appropriate l. Building security and safety plan

3. Desired Educational Results – including student academic outcomes and how they will be measured

4. Student Admission Procedures

5. Staffing Plan

6. Management Plan

a. Application must clearly define the governance structure that will be in place for

the public charter school. Staff, parents and community must be represented in the governance structure.

b. Applicants must specify the methods by which they expect to achieve legal, fiscal,

and programmatic accountability for the operation of the public charter school and must be accountable to the local board for performance results and for fiduciary responsibility.

7. Facilities Plan – Unless otherwise agreed, a public charter school applicant shall be

responsible for providing and maintaining a facility. A facilities plan for the charter school must be provided that specifies cost, location, available space as well as the use, terms, and conditions of the facility acquisition and necessary utilities.

8. Financial Plan – An applicant must submit a financial plan for the charter school,

which includes a proposed budget outline, proposed student enrollment, and revenue sources. The plan will include assurances of financial solvency for the duration of the charter and accountability for the use of funds and resources.

9. Community Support – A description of the type and extent to which there is sufficient

community support for the proposed public charter school must be submitted.

10. Conflict of Interest – Each founding member and individuals serving on the proposed charter school’s board of directors will be required to complete a conflict of interest form (see Board web site on Charter Schools for required forms).

11. Waivers – An applicant must identify waivers it intends to request from either the

local or state board that it deems necessary to execute the mission of the proposed charter school.

C. Resources to Aid Applicants in Developing an Application

The following documents are offered as resources for applicants in developing proposals. These documents provide assistance in meeting Board policy and regulation:

• “Criteria for Charter School Application Submittal”

• Maryland Model Charter School Application http://www.mdcharternetwork.org/res_publications.html

Guidelines @

• Conflict of Interest Form • Concept Proposal – Key Components

APPENDIX W

CITIZENS ADVISORY COMMITTEE BY LAWS

ARTICLE I: Name

The name of the committee shall be the Frederick County Special Education Citizens Advisory Committee (SECAC)

ARTICLE II: Mission

The Frederick County Special Education Citizens Advisory Committee works in collaboration with students, families, FCPS staff, and the community to advise the office of special education and the Board of Education. The committee will focus on open and honest communication, improving effectiveness and accountability, advocating for appropriate resources, and identifying individual issues that may often be systemic. The committee will work together to put children first.

ARTICLE III: Members & Membership

Section 1. Members will be parents of children with disabilities enrolled in FCPS, FCPS staff

members serving students with disabilities, high school students with disabilities, and community members who have special knowledge or interest in the needs of special education students. Maximum membership will be 28 members.

Section 2. Members will serve a two-year term, and may reapply. A term will run from

September to May of each year. Section 3. Individuals interested in membership will submit a letter of interest to the

membership committee chairperson prior to the annual membership deadline (May 15th). This also includes members who wish to reapply.

Section 4. Members may resign at any time by notifying the chairperson or co-chairperson in

writing. Section 5. Members are expected to attend all monthly meetings. A member may be

removed from membership after missing 3 consecutive meetings. Section 6. Members will serve on standing or ad-hoc committees. Each subcommittee will

be required to submit a work plan to the SECAC at the October meeting. Each subcommittee will be required to identify a chairperson. A member may serve as chairperson of only one subcommittee.

Section 7. Members will have one vote and only members may vote. Members must be

present to vote. Section 8. The chairperson shall appoint a membership subcommittee annually to:

• Publicly advertise membership each year, April-May

• Solicit new members and review letters of interest • Affirm new members each year at the first monthly meeting in September • Strive for a balance of membership to represent the demographics of

Frederick County’s special needs population - 50% parent representation, 25% FCPS staff, 25% community representation, and up to 3 student representatives. A member who is an FCPS employee and also a parent or community representative would be considered FCPS staff for the purpose of membership classification.

• Fill mid-term vacancies, when they occur Section 9. Any member of the Frederick County SECAC who has a relationship with an

individual or organization that is or may be a conflict of interest will disclose that relationship. A conflict of interest is defined as any activity from which the member would or could derive personal or financial benefit.

Section 10. While the committee respects each person’s fundamental right to speak out on

matters of public concern, the chairperson or co-chair serves as the spokesperson for SECAC and will be responsible for media interactions.

ARTICLE IV: Officers

Section 1. Officers will serve a two-year term.

Section 2. The Chairperson

a. The chairperson presides at all meetings.

b. The chairperson may delegate roles or responsibilities to voting members.

c. The chairperson establishes a written agenda for each meeting.

Section 3. The Co-Chairperson

a. The co-chairperson will perform the duties of the chairperson in his/her absence, or at the chairperson’s request. If the chairperson resigns or is unable to perform his/her duties, the co-chairperson will assume the duties until another chairperson is elected.

Section 4. The Secretary/Treasurer

a. The secretary/treasurer will take the minutes at all SECAC meetings and

Executive Board Meetings.

b. The secretary/treasurer will take attendance at each meeting and maintain attendance records.

c. The secretary/treasurer will review and update SECAC membership lists annually.

d. The secretary/treasurer will be responsible for submitting receipts for budget

expenses to the office of the Director of Special Education. Section 5. Executive Board

a. The Executive Board will consist of the chairperson, co-chairperson,

secretary/treasurer, immediate past chairperson, and any subcommittee chairpersons.

b. The Executive Board will establish a calendar of meetings for the year, based

on need. ARTICLE V: Elections

Section 1. At the regular March meeting, nominations for officers will be taken from the

floor. Members may self-nominate. Section 2. Election of officers will take place at the regular May meeting. Voting will be by

show of hands and the majority of members must be present. Officers will be elected based on simple majority of the vote.

Section 3. A special election will be held when there is an officer vacancy, in accordance

with Article V, Section 2. ARTICLE VI: Meetings

Section 1. Meetings will be held the last Monday of each month during September, October,

November, and January through May. Section 2. Meetings will be open to the public and time will be provided for public

comment. Individuals making public comment will be required to sign in. Section 3. The agenda will be established two weeks prior to the meeting and made available

to the public. Agenda items submitted to the chairperson by members must be received at least two weeks prior to the meeting date.

Section 4. Meetings canceled due to inclement weather will not be rescheduled.

Section 5. The chairperson will have the authority to schedule emergency meetings, in

addition to the regular monthly meetings. Section 6. The SECAC may establish ad hoc or standing subcommittees, as needed.

Section 7. Voting will be done by a show of hands, with majority rule. A simple majority of

members must be present to vote on items.

ARTICLE VII: Amendments and Bylaws Review Section 1. Proposed amendments to SECAC bylaws will be submitted in writing to the

members at least 30 days prior to a vote during a general meeting. Section 2. Amendments must be approved by simple majority and upon ratification, will

take effect immediately. Section 3. Bylaws will be reviewed every two years by the Executive Board. The

Chairperson will submit them with or without changes to the general membership for review and final approval. The membership will receive the proposed bylaws at least 30 days prior to the vote.

Signature/Chairperson of the Frederick Co. SECAC

Date Adopted Date Revised

BUDGET PLAN An annual budget allocation of $2500 will be provided by the Maryland State Department of Education and managed by the office of the director of special education. The funds will be used by the SECAC and receipts will be submitted for reimbursement by the secretary/treasurer. Formal written requests for funds must be presented to the SECAC and approved by majority vote.

Funds will be used to support the following:

• SECAC sponsored events 70% • Subcommittee funds 5% • Special Education Open House/Picnic 10% • Special Education Teacher Support 10% • Meeting materials 5%

APPENDIX X Home and Hospital Instruction:

Students Receiving Home/Hospital Teaching Services (H/HTS) are regulated by FCPS Regulation 400-37

In order to be eligible for H/HTS, there must be written verification of the physical condition, including drug and alcohol dependency, by a licensed physician, or verification of an emotional condition by a certified school or licensed psychologist or licensed psychiatrist that prevents the student from participating in the student’s school of enrollment. Written verification is documented on the application for Home/Hospital Teaching Services.

Once the application is approved, the appropriate pupil personnel worker (PPW) will contact the student’s school to schedule an expedited IEP Team meeting. The IEP Team will meet to review and revise the student’s IEP, as appropriate, and to determine the instructional services to be provided. The IEP Team meeting must be held to reflect the provision of H/HTS before that service can begin.

When reviewing and revising the IEP, as appropriate, the IEP Team Meeting Report (SE:7) should document that consideration was given to the following:

• Expected duration of H/HTS • Methods for school-home communication • Periodic reporting from the H/HTS teacher regarding the student’s progress • Student’s return to school.

The IEP Team determines the instructional services to be provided to the student and develops a plan for returning the student to a school-based program. A copy of the student’s IEP must be given to the H/HTS teacher. An IEP Team meeting must be held to reflect the end of H/HTS and to document the student’s return to the school-based program. Parents may appeal an IEP Team recommendation to the supervisor of special education.

Review of the need for H/HTS must occur within 60 calendar days after the initial determination of eligibility or sooner at the request of the parent, guardian, or school IEP Team. In addition, an educational placement in the home for a student in emotional crisis may not exceed 60 calendar days. For all other health-related circumstances, continuation of H/HTS beyond 60 calendar days requires reverification of the student’s health condition through the H/HTS process. In the event that a student with disabilities is hospitalized beyond ten consecutive school days, and unable to access his/her educational program at school, an IEP Team meeting must be held to document this change in placement. It is the case manager’s responsibility to continue to monitor the student’s IEP during the hospitalization placement. When the hospital placement ends, the IEP Team will review and revise the IEP, as appropriate, and determine the student’s placement in the LRE.

For students with long-term illnesses who may be eligible to receive H/HTS, but who are unable to access that service, consult your school’s PPW and the elementary or secondary special education coordinator for direction. Certainly we can have an understanding with the parents that, though by law we must send them notification and conduct an IEP Team meeting every 60

calendar days and adjust the IEP as needed, it is not necessary for them to be present, if they prefer not to attend. In addition, we will send parents a copy of the IEP Team Meeting Report.

Terminally Ill Students Receiving H/HTS The above information applies, except that verification of the condition is only required at the IEP Team Meeting where the approved application for H/HTS is presented.

Students who are enrolled full time should have no less than six hours of H/HTS per week. For students with special needs, the IEP Team determines the educational program. Students who have less than 3.5 hours of academic programming per day should have no less than three hours of H/HTS per week. Again, the IEP Team determines the educational program.

Non-identified Students Returning from H/HTS Some students returning from a home or hospital treatment program may not have been previously identified as eligible to receive special education services. In some cases, the student’s insurance money is depleted and the mental health professionals are recommending to parents that they seek long-term care through special education placement. The following procedures apply in these cases:

• Conduct an SIEP Team screening meeting and based on a review of student information, including the hospital discharge summary, determine the need for evaluation. The Team will identify assessments that may be required and obtain written parental consent to conduct the evaluation.

• Appropriate school staff completes the assessments. • The student’s case manager completes a CIEP Team referral and submits it to the

appropriate special education coordinator. • A CIEP Team meeting will be held to conduct the student’s evaluation and determine

his/her eligibility for special education services. H/HTS Procedures These procedures apply to the provision of instructional services to all students enrolled in Frederick County Public Schools who are eligible for H/HTS and to incarcerated students who are eligible to receive special education services.

H/HTS will be available to all students during convalescence or treatment time in a medical institution, day or residential therapeutic or drug treatment center, or a student’s place of residence.

H/HTS are provided to students identified with disabilities in accordance with federal and state special education law and regulations, including COMAR 13A.05.01. The students and parents will be involved in the process/procedures included within these laws and regulations.

H/HTS are not intended for brief, consecutive absences or as a long-term placement. The services are intended to be of 3- to 9-week duration and will attempt to keep the student apprised of his/her courses so that upon the student’s return to school he/she will be able to make a smooth transition to his/her mainstream courses. It is available for:

• Any eligible high school student who cannot attend their regular school for a minimum of ten consecutive school days (for high schools with a 4 – period school day); and

• Any eligible students at all other schools who cannot attend their regular school for twenty consecutive days.

Students who are pregnant will receive H/HTS prior to delivery date only when a doctor determines that attendance in school would be detrimental to the student or her unborn child. The student is entitled to six weeks of H/HTS after the delivery date. Extension of H/HTS beyond the six weeks after delivery requires a physician’s signed request.

High school students may receive H/HTS for a maximum of two academic courses. For students with special needs, the IEP Team determines the educational program. If a documented need is submitted for consideration, the superintendent or his designee may adjust the service accordingly.

H/HTS teachers must have a bachelor’s degree from an institution of higher education as defined in COMAR 13A.12.01.02B. This requirement does not apply to H/HTS teachers who demonstrated satisfactory performance in FCPS before July 1, 2001.

Location of Services Generally, H/HTS is provided in the student’s home. Arrangements must be made by the parent to be present or to have a trusted adult present during the instructional period. H/HTS may also be provided in a public setting conducive to teaching and learning, e.g., public library.

Scheduling of Services

• H/HTS teachers will work cooperatively with parents/guardians to arrange sessions for instruction at mutually agreeable times.

• School holidays will not be instructional days except in unusual circumstances. H/HTS teachers must have the approval of the Supervisor of Pupil Personnel to teach on school holidays. Saturday instruction is appropriate if parents agree.

Instructional Programs and Materials

• The H/HTS teacher should coordinate the H/HTS with the student’s in-school teachers/school counselor.

• The student’s home school should provide the instructional materials. The H/HTS teacher should use materials approved by FCPS.

• The Pupil Personnel Department has a library of supplementary materials to assist H/HTS teachers.

Arranging for H/HTS

• H/HTS may be arranged, approved, and supervised only by a pupil personnel worker, the supervisor of pupil personnel, or the associate superintendent for curriculum, administration, and school improvement or his designee.

• Parents/guardians should contact the pupil personnel worker, who is the liaison to the student’s home school, to request any information regarding H/HTS.

Communications to/from H/HTS Teachers

• The H/HTS teacher and the pupil personnel worker who assigned the teacher will discuss all questions, problems, etc.

• Each year, a copy of the current regulation (400-37) should be distributed to each person who is providing or receiving H/HTS.

Attendance Procedures

• Students will be counted present at their regular schools for attendance at H/HTS sessions. When the student is not available for instruction, the H/HTS teacher will notify the school and the student will be counted absent.