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Mission:
Rio Blanco BOCES is committed to partnering with our member district to support and deliver educational and instructional programs to enable each district to meet the individual needs and unique priorities of the students, parents, staff and community we serve.

 

 

Section III

The Special Education Process and Service Delivery

 

A.      Child Find Process

                                                                                                                                                                       

 

Child Identification Process  4.02

 

Each administrative unit shall develop and implement procedures for locating, identifying and evaluating all children ages birth to 21 who may have a disability and are eligible for early intervention services under either IDEA Part C Child Find (birth through age 2); or are eligible for special education services under IDEA Part B (ages 3 to 21) even though such children are advancing from grade to grade.  Such procedures shall be available throughout the year to all children including children who have not yet entered school, children who discontinue their education, children who are attending private schools, children whose parents choose home schooling, children who are wards of the State or children who are highly mobile (such as migrant or homeless children) and may be suspected of having a disability.

 

IDEA Part C Child Find 402.(1) (a) (i)

  • For children ages birth through 2 years of age, each administrative unit of residence is responsible for certain child find activities under Part C of the IDEA consistent with Section 22-20-118 (2). C.R.S.
  • Screening and evaluation activities required by Section 22-20-118 (2) (b) C.R.S. shall be consistent with Part C of the IDEA and its implementing regulations at 34 CFR Part 303.

 

IDEA Part B Child Identification 4.02 (1) (a) (i)

Part B child identification shall include child find, special education referral, initial evaluation, and determination of disability and eligibility for special education.  Child identification shall be the responsibility of the administrative unit in which the child attends public or private school or, if (s)he is not enrolled in school, it shall be the responsibility of the administrative unit in which the child resides.  For children ages 3 to 21 under IDEA Part B, child identification shall be consistent with Sections 4.01 and 4.02 of these Rules.

 

IDEA Part B Child Find 4.02 (2)

·         Be a process designed to inform the public and to identify children ages birth to 21 who may be eligible to receive special education services.  Notice shall be published or announced in newspapers or other media with adequate circulation to notify parents throughout the administrative unit.  In the case of infants and toddlers the notice shall inform families that such services are voluntary.  4.02(2)(a)(i) 

  • Be designed to utilize available resources within the community.  4.02(2)(a)(ii)
  • Involve families and provide information to the families.  4.02(2)(a)(iii) 

 

Each administrative unit shall have one person designated as the child find coordinator who

shall be responsible for an ongoing child identification process.  4.02(2)(b)

 

The child find process shall include specific strategies for children from birth through five years

of age, children in school, and children out of school who are discontinuers or dropouts.  It

shall be available throughout the year and shall include the following components:  4.02(2)(c)

 

  • Planning and development in the areas of public awareness, community referral systems, community and building based screening, diagnostic evaluations, service coordination and staff development.  4.02(2)(c)(i)
  • Coordination and implementation in the areas of interagency collaboration, public awareness, referral, screening and resource coordination.  4.02(2)(c)(ii)

·         Screening procedures for identifying from the total population of children ages birth to 21 years those who may need more in-depth evaluation in order to determine eligibility for special education and related services, or in the case of infants and toddlers early intervention services.  4.02 (2)(c)(iii)

  • Follow up to vision and hearing screening shall interface with the vision and hearing screenings which occur for all children in public preschool, kindergarten, grades 1, 2, 3, 5, 7 and 9 yearly in accordance with C.R.S. 22-1-116.  Appropriate educational or early intervention referrals shall be made if the child is suspected of having an educationally significant vision or hearing loss and parents shall be informed of any need for further medical evaluation.
  • A systematic procedure for considering those children ages 17 to 21 who are out of school and who may have a disability.  4.02(2)(c)(iv)

·         Referral procedures to ensure that parents of children are given information about all public and private resources that can meet identified needs.  This may include a process for either a building level or early intervention referral.  The building level process is to consider all pertinent information, the unique needs of the child and to generate alternative strategies for meeting these needs in non-special education settings or to determine the need for special education referral.  These procedures may include dropout prevention strategies and recruitment of special education discontinuers.  4.02(2)(c)(v)

  • Evaluation of the effectiveness and efficiency of child identification procedures.  4.02(2)(c)(vi)

                                                                                                                                                                       

 

BOCES Policy/ Focus

Rio Blanco BOCES ensures that the public shall be made aware of the educational rights of children and youth with disabilities as well as the availability of specialized educational services.  It also ensures that all children birth through 21 who may be disabled shall be located, identified, and evaluated.

 

Procedures

Rio Blanco BOCES employs or designates a Child Find Coordinator who initiates and carries out the activities listed below.

 

The child identification process includes specific strategies for children from birth through five years of age, children in school, and children out of school who are discontinuers or dropouts.  It shall be ongoing and available throughout the year and shall include the following:

 

1.         Awareness:  Community awareness campaigns are on-going and available throughout          the year to secure public cooperation in locating individuals with possible disabilities. 

            This includes media announcements, letters and brochures, as well as presentations to           all area preschools, day-care centers, families with school age children, area            pediatricians, mental health personnel, public and private community health agencies,   social services personnel, and other interested groups.  The following information is            included in the awareness efforts:

 

a.   that all children and youth, birth through age 21, suspected of having a disability, have a right to determine whether or not a disability exists.

b.   that children and youth with disabilities between the age of 3-21, who have not graduated, received a GED or otherwise completed high school, be provided an individualized education program appropriate to meet their needs, except when:

·         a youth reaches the age of 21 after the commencement of the academic year wherein the youth has a right to complete that current academic semester or until graduation, whichever comes first.  In such a case, the youth is not entitled to extended school year services during the summer following such current academic year.

·         a child upon reaching his/her third birthday becomes eligible for services as of that date.

 

2.         Screening Birth - Five:  Child Find Screenings are provided throughout the year in addition to a BOCES-wide spring screening in cooperation with the local community centered board, the public health department, other relevant agencies and/or interagency processes.  Children birth through five are screened for cognitive, adaptive, communicative, social and emotional concerns, hearing, vision and gross and fine motor delays.  Children about whom there is concern, as determined by the child find screening team, are referred for a full assessment and determination of disability. Individual screening is also available on a two-week notice upon request.

 

3.         Three - 21 In School:  Vision and Hearing screening occurs for all students in grades PK K, 1, 2, 3, 5, 7 and 9 yearly, all new students, and students referred for special education assessment.  These screenings are conducted and/or managed by the school nurse.  Those students failing vision screening are referred for medial follow-up by means of a letter to the parents.  This includes a letter to the physician and a form for returning the results of the examination.  The nurse pursues this matter with the parents to insure that the medical referral is followed through.  Students failing initial hearing screening are provided with threshold screening/testing by the school audiologist.  This may be conducted at the school or in the audiology sound booth, at the audiologist's discretion. Those students with medically significant hearing loss are referred for medical follow-up, utilizing the same process (as above) for vision concerns.

 

            Students with potentially educationally significant hearing loss are referred to the           building level Resource Team for review, discussion and determination as to whether or not a special education referral for full assessment is needed.  The date and results of         the vision and hearing screenings and follow-up are recorded on each child's cumulative           record.  The audiologist also maintains a list of all children with hearing loss, including         results, action taken and status.  This list is utilized for yearly rechecks.

 

4.         Individuals residing in private and parochial schools, juvenile detention centers, halfway houses, institutions, homebound situations and nursing homes as well as those who discontinue their education or choose home schooling receive individualized screening, as appropriate.  It is the responsibility of the student’s home school counselor to contact students and parents of students who leave school prior to completion of a degree to investigate whether the student might have a disability that is interfering with his/her potential in school.

 

5.         Out-of-School Special Education Referrals:  The Child Advocate/ School          Psychologist will serve as case manager and facilitate all out-of school special           education referrals of students in their building for full assessment and staffing.

 

6.         Families are provided with information to assist them in selecting community service     and support options.

 

7.         If the determination is made that the child has a disability, an IEP shall be developed by           the administrative unit of residence.

 

 

 

B.      Referral

                                                                                                                                                                       

 

Special Education Referral Process.  4.02(3)

 

A special education referral shall be clearly distinguished from a building level referral or a referral for screening both of which are regular education processes.  The administrative unit shall establish and follow procedures for referring a child for an initial evaluation to determine whether or not the child has a disability and needs special education and related services.  The referral process shall be accessible to any person, organization or agency having an interest in the education of the child.

 

A special education referral may be initiated by either:  4.02(3)(a)

                                  

·         An administrative unit as a result of a building level screening and/or referral process,; or  4.02(3)(a)(i)

·         The parent of the child.  4.02(3)(a)(ii)

Any other interested person who believes that a child is in need of an initial evaluation must work with the parent or the appropriate administrative unit.

 

A parent of any child referred shall be informed of the referral and be provided with prior written notice consistent with Section 6.02 (3) and 34 CFR §300.503 and a copy of the Procedural Safeguards Notice consistent with Section 6.02 (4) and 34 CFR §300.504.

 

Once a written special education referral has been initiated, the initial evaluation, shall be completed within 60 calendar days from the point of initiation of the special education referral.  The special education referral process is initiated when one of the following occurs:  4.02 (3) (c)

 

·         The parent is informed of the special education referral as a result of the building level process or screening and the parent provides written consent to conduct the initial evaluation.  4.02(3)(c)(i)

·         The request for an initial evaluation is received from the parent and the parent provides written consent to conduct the initial evaluation.  4.02(3)(c)(ii)

 

Exception.  The time frame described in Section 4.02 (3) (c) within which to conduct an initial evaluation shall not apply to the administrative unit if: 4.02 (3) (c) (iii)

  • The parent of a child repeatedly fails or refuses to produce the child fro evaluation; or 4.02 (3) (c) (iii)
  • A child enrolls in a school of another AU after the relevant timeframe in Section 4.02 (3) (c) of the Rules has begun, and prior to a determination by the child’s previous AU as to whether the child is a child with a disability under Section 2.08 of the Rules. 4.02 (3) (c) (iii)

 

The exception in Section 4.02 (3) (c) (iii) applies only if the subsequent AU is making sufficient progress to ensure a prompt completion of the evaluation, and the parent and subsequent AU agree to a specific time when the evaluation will be completed. 4.02 (3) (c) (iv)

In the case of children birth through two years of age, the evaluation must be completed (and if determined to be an infant/toddler with a disability, an IFSP developed) within 45 calendar days of the referral being received and documented by the designated agency.  4.01(2)(d)

 

A record shall be maintained of the disposition of each special education referral.  4.02(3)(d)


 

                                                                                                                                               

 

BOCES Policy/Focus

Rio Blanco BOCES ensures that all students, birth to 21, about whom there is concern and a disability suspected, shall be referred to the BOCES for assessment and determination of whether or not the child has a disability.  Such referral shall be accessible to any person, association, or agency having an interest in the child.  Parents and students shall be permitted to make a direct special education referral regardless of the outcome of a student intervention team process; however, if the request is denied the parents may initiate due process.  Parents shall be notified of the results of the building assistance conference when a special education referral occurs.

 

Procedures

 

1.         The principal or his/her designee in each building will facilitate the building team  meeting for any child about whom there is a concern.  Such concern may be a result of screening, the RTI process or a result of informal discussion regarding a child about whom there is concern.  Written description of concerns (Statement of Concern), including screening results, must be submitted to the principal at least one week prior to the student intervention team meeting.  Meetings will be regularly scheduled at least monthly.

 

2.         The principal or child advocate will invite all service providers of the child, the school     nurse, and a special educator with expertise in the area(s) of concern.

 

3.         The members of the building team will:

 

a.  look at records to obtain all information which is already available within the school

     system,

b.  discuss observations of the child,

c.  exchange pertinent information about the child,

d.  explore alternatives, interventions or modifications within regular education,

e.  set a date for follow-up discussion, or

f.   initiate a special education or referral for full assessment and determination of

     disability.

 

4.         Student intervention meetings will be held in a timely manner.

 

5.         All students, three - 21, within the attendance area of the building, about whom there is concern, shall go through the student intervention team (pre-referral) process prior to special education referral.  (Note:  parents and students, themselves, have the right to direct referral to special education; however, this process should be utilized to look at records, to obtain all information which is already available within the school system, discuss observations of the child, and exchange pertinent information about the child.)

 

            The special education referral is clearly distinguished from the building team       referral.

 

            Special education referrals for children and youth out-of-school will be made to the child          find coordinator

 

6.         All children, birth - 5, within the attendance area of the AU, about whom there is concern, will be referred to child find to arrange for screening and possible special education referral.  There are also annual Children’s Health Fairs where screenings occur for all children age birth through five.

 

7.         Special education referrals must be in writing and submitted to the Director of Special   Education or his/her designee.

 

8.         Once a referral is received the BOCES must review the referral and existing information regarding the student.  Based on the review, the BOCES must determine the appropriateness of the referral.

 

9.         If the BOCES determines the referral is not appropriate, it must provide Prior Notice of Special Education Action stating the refusal to initiate the evaluation process.

 

10.       If the BOCES determines the referral is appropriate, then the Multidisciplinary Team will review the exiting data to determine whether additional evaluation data are needed.  This step is conducted through a meeting with members of the Multidisciplinary Team:

1)         The team reviews formal and informal information from a variety of sources such as:

        • information provided by parents and students
        • school-based problem solving data
        • results of interventions and supports accommodations and modifications
        • results of current classroom-based and curriculum based measures
        • for students from a home where a language other than English is spoken, student’s level of English language proficiency
        • anecdotal records
        • classroom observations
        • cumulative records (attendance, discipline records, report cards, achievement scores, transcript)
        • private or independent evaluation information, if available.

                        2)         The Team reviews the eligibility documents defining the suspected disabilities, considers whether the evidence required for a suspected disability is available, and determines what additional information may be needed.  Because the evaluation is targeted, it is essential that Teams prepare to respond to all questions on the Determination of Eligibility form for a suspected disability category.

                        3)         The data should help the Team to answer the following questions:

o   What is the student’s level of educational performance including student’s strength/skills and needs?

o   Does the measurable information demonstrate that the disability is adversely affecting the student’s education?

o   What are the specific special education instruction and related services, including supplementary aids and services the student may need in order to participate, as appropriate, in the general curriculum and to improve educational performance?

 

11.       The Director/designee will provide a copy of the Procedural Safeguards Notice to the parents when they request an evaluation or when a child is initially referred for an evaluation. A parent’s informed consent must be obtained before an evaluation can be conducted.

            The Prior Notice and Consent for Evaluation form to notify the parent of the date of the referral, the reasons for the referral, and the decision of the Multidisciplinary Team will be sent to the parents.  The Multidisciplinary Team will document on the form its decision for seeking further evaluation, the areas to be evaluation, and the reasons for evaluation.  If the Multidisciplinary Team decides that further evaluation data are not warranted, the Team documents on the form why such a determination was made and informs the parents of their right to request and evaluation or to seek and impartial due process hearing on the issue.

            Additionally, the Multidisciplinary Team documents the evaluation procedures, tests, records, or reports which were used in developing its proposal for evaluation including the other options that were considered; and their rationale for rejecting the options as well as other factors considered by the Team.

 

12.       Once a written special education referral has been initiated, the initial evaluation, shall be completed within 60 calendar days from when it was initiated.  The referral is initiated when one of the following occurs:

    • The Prior Written Notice will include a description of the reasons for the assessment with opportunity for a face-to-face conference with school personnel in the native language of the parent or other mode of communication used by the parent.  (see Procedural Safeguards)
    • The date the request for an initial evaluation is received by the BOCES from the parent and the parent provides written consent to conduct the initial evaluation.  

 

 

 

C.      Evaluation.

                                                                                                                                                                       

 

Initial Evaluation Process. 4.02 (4)

An initial evaluation process for children ages three to twenty-one shall be provided for the purposes of determining whether the child is a child with a disability under Section 2.08 of the Rules and what the educational needs of the child are.  The requirements and procedures for initial evaluations shall be in accordance with 34 CFR §300.301, §300.304 and §300.305 and shall ensure that the initial evaluation is sufficiently comprehensive to appropriately identify all of the child’s special education and related services needs, whether or not commonly linked to the disability category in which the child has been classified.

 

Parental Consent.   4.02 (4) (a)

Prior to conducting an initial evaluation, the administrative unit program shall comply with the parental consent requirements set forth in 34 CFR §300.300.

 

Screening for instructional purposes is not an evaluation. 4.02 (4) (b)

The screening of a student by a teacher or a specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation for eligibility for special education and related services.

 

Personnel shall be appropriately licensed and endorsed. 4.02 (4) (c)

Administrative unit and state-operated program personnel evaluating children for the purpose of determining eligibility for special education services shall be appropriately licensed and endorsed.  For those areas where CDE licensure and endorsement are not available, appropriate professional licensure, registration or credentials is required.

 

Reevaluations. 4.02 (5)

The requirements and procedures for conducting and completing reevaluations shall be consistent with 34 CFR §300.303 and Section 4.02 (4) of the Rules.  The additional procedures for identifying specific learning disability shall also be utilized consistent with Section 4.02 (7) of these Rules.

           

 

 

                                                                                                                       

 

BOCES Policy/Focus

All children under the jurisdiction of Rio Blanco BOCES for whom a special education referral has been made shall receive a comprehensive assessment.  Assessment should commence as soon as possible after receipt of written parent permission.  The initial evaluation shall be completed within 60 calendar days from the point of initiation of the special education referral of a child three to twenty-one years of age.  Children age birth through age two shall have a completed evaluation and IFSP in place within 45 days.  Such assessment shall be sufficiently comprehensive to appropriately identify all of the child’s special education and related services needs, whether or not commonly linked to the disability category in which the child has been classified.

 

Procedures

 

1.         Once a written special education referral has been initiated, the initial evaluation, shall be completed within 60 calendar days from when it was initiated.  The referral is initiated when one of the following occurs:

    • The Prior Written Notice will include a description of the reasons for the assessment with opportunity for a face-to-face conference with school personnel in the native language of the parent or other mode of communication used by the parent.  (see Procedural Safeguards)
    • The date the request for an initial evaluation is received by the BOCES from the parent and the parent provides written consent to conduct the initial evaluation.  

 

2.         If the Team has determined that additional information is required prior to making a determination of eligibility for special education, then the additional evaluation is conducted.  The director/designee will appoint an assessment/IEP team coordinator.

·         In conducting an evaluation, the BOCES will use a variety of assessment tools and strategies to gather relevant functional, developmental ad academic information about the student, including information provided by the parent, and not use any single measure or assessment as the sole criterion for determining whether a child is a child with a disability and for determining an appropriate educational program for the student.

·         Assessments and other evaluation materials including those tailored to assess specific areas of educational need and not merely those that are designed to provide a single general intelligence quotient.

·         Assessments should be selected and administered so as to ensure that results of assessments administered to a child with impaired sensory, manual, or speaking skills, accurately reflect the child’s aptitude or achievement level or other factors the test purports to measure rather than reflecting the child’s impaired sensory, manual, or speaking skills (unless those skills are the factors that the test purports to measure).  Finally, the evaluation should address all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities.

·         Information for younger children may be obtained by development and/or environmental assessment techniques, or through nationally/professionally recognized instruments.

·         For students 15 and over information must address home and community and how this affects skills or achievement relating to academics, independent living, use of recreation/leisure time, and the world of work.

 

3.         Through the full and individual evaluation process, the Multidisciplinary Team is able to:

·         Identify the student’s strengths and skills;

·         Identify the student’s disability/ies if any exist(s);

·         Collect sufficient information to measure the adverse effect of the student’s disability/ies on his/her educational performance; and

·         Identify specific instructional and support services that are needed by the student to improve his/her educational performance, regardless of whether the evaluation team determines that the student has a disability.

 

4.         After the evaluation has been completed, the Multidisciplinary Team must document the evaluation information.  The evaluation report should:

·         Document sources of information and assessment methods used, results obtained, and date(s) the assessment(s) was administered.

·         Analyze raw evaluation data or completed questionnaires and interpret the results, including the student’s strengths, needs, and implications for instruction.  Data prove to be more valuable with appropriate analysis and synthesis.

·         Use language that is educationally relevant, succinct, and devoid of as much jargon as possible to make it more readily understood by educational staff and parents.

·         Complete report and provide it to the parents.

 

5.         Professionals with primary assessment responsibility in a functioning area will be          certified, endorsed, licensed or otherwise approved in that primary assessment area.

 

6.         Appropriate language and/or non-verbal techniques will be utilized, and instruments will          be selected taking into consideration cultural or ethnic differences.

 

7.         Parents will be asked to report on their observations of the child.

 

8.         Following evaluations after a child has been identified and placed in special education, a diagnostic assessment may be administered to determine program placement.

 

9.         If an independent assessment of the child has occurred, parents may submit copies of             the records and such information will be considered as part of the evaluation.  Upon            written request from the unit, the parents shall have the responsibility to secure      information regarding the credentials of the individual(s) completing the independent or      private evaluation.  This request shall meet the state's criteria for      licensure/certification and endorsement, or other licensure or registration.  Parents will      be informed of their right to an independent evaluation at public expense if they             disagree with the results of an evaluation obtained by the district (see Procedural    Safeguards). 

 

10.       In the case of infants and toddlers, an assessment shall be conducted in conjunction   with the local interagency effort and an appropriate individualized education program or individualized family service plan (IFSP) developed.

 

 

11.       A comprehensive assessment will be conducted at least every three years, in      preparation for the triennial review staffing

 

12.       Once a written special education evaluation has been completed and disability determined, if disabled, IEP development shall be completed within 90 days (45 days for birth to three population) from the point of evaluation which includes obtaining parent signature for permission to assess.

 

13.       If the child's parent/guardian is unknown or unavailable, the special education director selects an educational surrogate parent from a list of names of qualified individuals. The special education director then contacts CDE and CDE appoints the educational surrogate parent. (see Procedural Safeguards).

 

 

D.      Individualized Education Program Process

(Determination of Disability/Eligibility and Development of IEP)

                                                                                                                                                                       

 

 

Determination of Disability and Eligibility. 4.02 (6)

Requirements and procedures for determining disability and eligibility shall be consistent with 34 CFR §300.306.  Once a special education referral has been made and the initial evaluation has been completed, a meeting shall be held to determine if the child has a disability and if the child is eligible for special education.  If the child is determined to have a disability and is eligible, and IEP shall be developed for the child in accordance with Section 4.03 of the Rules.  These functions may occur at the same meeting or at different meetings.

 

Timeline. 4.02 (6) (a)

A meeting to discuss the initial evaluation of the child and to determine if the child has a disability and is eligible for special education shall be held within a reasonable period of time after the initial evaluation is completed. 4.02 (6) (a) (i)

 

Following a reevaluation, a meeting shall be held within a reasonable period of time to discuss the reevaluation of the child to determine if the child continues to be eligible for special education and/or to identify all of the child’s special education and related services needs. 4.02 (6) (a) (i)

 

Participants. 4.02 (6) (b)

Meetings to determine if the child has a disability and is eligible for special education, whether held separately or in connection with a meeting to develop an IEP, must include:

 

A multidisciplinary team knowledgeable about the child and about the meaning of the evaluation data.  The multidisciplinary team shall include: 4.02 (6) (b) (i)

·         At least one teacher or other specialist with knowledge in the area of the child’s suspected disability;

·         As necessary, other qualified professionals, e.g., an occupational therapist, a speech language pathologist; a physical therapist; and a school psychologist; and

·         The parent of the child.  4.02 (6) (b) (i)

At the discretion of the special education director for the administrative unit of residence, the special education director or designee for the administrative unit of residence. 4.02 (6) (b) (ii)

 

Change of disability and/or eligibility.  4,02 (6) (c)

A change of disability and/or eligibility may only be made after reevaluation conducted in accordance with Section 4.02 (5) of these Rules and at a meeting in which the results of reevaluation are considered in accordance with Section 4.02 (6) (a) (ii).  In addition, a change involving a specific learning disability shall be made consistent with the additional procedures set forth in Section 4.02 (7) of these Rules.  4.02 (6) (c)

 

The evaluation described in Section 4.02 (6) (c) is not required before the termination of a child’s eligibility for special education due to graduation from secondary school with a regular diploma, or due to reaching age 21.          4.02 (6) (c) (i)

 

For a child whose eligibility terminates under circumstances described in Section 4.02 (6) (c) (i), the administrative unit/state-operated program must provide the child with a summary of the child’s academic achievement and functional performance which shall include recommendations on how to assist the child in meting the child’s postsecondary goals.  4.02 (6) (c) (ii)

 

Additional procedures for identifying children with specific learning disabilities 4.02 (7)

The definition and criteria for the Specific Learning Disability category are set forth in Section 2.08 (6) of the Rules.  The additional requirements and procedures for identifying children with specific learning disabilities shall be consistent with 34 CFR §300.3307 (b), §300.308 (b) – (c), §300.310, and §300.311.

 

Exception:  The optional documentary statement contained in 34 CFR §300.311 (a) (5) (ii) (B) shall not apply.  4.02 (7) (a)

 

Record of Meeting  4.02 (8)

If the determination of disability and eligibility occur at a separate meeting from the IEP meeting, a record of the meeting shall be maintained which must include, when applicable, a statement of the child’s disability and the criteria utilized to determine eligibility as identified in Section 2.02 of the Rules.

 

Children with Disabilities  2.08

Children with Disabilities shall mean those persons from three to twenty-one years of age who by reasons of one or more of the following conditions, are unable to receive reasonable benefit from general education without additional supports in the public schools because of specific disabling conditions.  A child shall not be determined to have a disability if the determinant factor for that determination is:  lack of appropriate instruction in reading or math or limited English proficiency; and if the child does not otherwise meet the eligibility criteria under this Section 2.08.  A child upon reaching his/her third birthday becomes eligible for services as of that date.   A child reaching the age of 21 after the commencement of the academic year has the right to complete the semester in which the 21st birthday occurs or attend until he/she graduates, whichever comes first.  In such a case, the child is not entitled to extended school year services during the summer following such current academic year.  If it is determined, through an appropriate evaluation, under Section 4.02 (4) of the Rules, that a child has one of the following disabilities but only needs a related service (as defined in Section 2.37 of the Rules) and not special education (as defined in Sections 2.43 and 2.51 of the Rules), then the child is not a child with a disability under the Rules.  For purposes of Part C of IDEA Child Find activities, Children with Disabilities also means persons from birth to twenty-one years of age consistent with Section 22-20-103 (5) (b), CC.R.S.

 

 

A child with a physical disability shall have a sustained illness or disabling physical condition

which prevents the child from receiving reasonable educational benefit from regular education.

2.08 (1)

 

A sustained illness means a prolonged, abnormal physical condition requiring continued

monitoring characterized by limited strength, vitality, or alertness due to chronic or acute

health problems and a disabling condition means a severe physical impairment.  Conditions

such as, but not limited to, traumatic brain injury, autism, attention deficit disorder and cerebral

palsy may qualify as a physical disability, if they prevent a child from receiving reasonable

educational benefit from regular education.  2.08 (1) (a)

 

Criteria for a physical disability preventing the child from receiving reasonable educational

benefit from regular education should be dependent upon the child's diagnosis and degree of

involvement in the regular school setting as characterized by any of the following:  2.08 (1) (b)

 

  • The child's chronic health problem or sustained illness requires continual monitoring, intervention, and/or specialized programming in order to accommodate the effects of the illness so as to reasonably benefit from the education program.  2.08 (1) (b) (i)
  • The child's disabling condition interferes with ambulation, attention, hand movements, coordination, communication, self-help skills and other activities of daily living to such a degree that it requires special services, equipment, and/or transportation.  2.08 (1) (b) (ii)

 

A child with a vision disability shall have a deficiency in visual acuity and/or visual field and/or visual performance where, even with the use of lenses or corrective devices, he/she is prevented from receiving reasonable educational benefit from regular education.  2.08 (2)

 

A vision disability shall be one or more of the following:  2.08 (2) (a)

 

  • Visual acuity of no better than 20/70 in the better eye after correction.  2.08 (2) (a) (i)
  • Visual field restriction to 20 degrees or less.  2.08 (2) (a) (ii)
  • A physical condition of visual system which cannot be medically corrected and as such affects visual functioning to the extent that specially designed instruction is needed.  These criteria are reserved for special situations such as, but not restricted to, oculomotor apraxia, cortical visual impairment, and/or a progressive visual loss where field and acuity deficits alone may not meet the aforementioned criteria.  2.08 (2) (a) (iii)

 

The term “visual disability” does not include children who have learning problems which

are primarily the result of visual perceptual and/or visual motor difficulties.

 

Criteria for a vision disability preventing the child from receiving reasonable educational

benefit from regular education shall include:  2.08 (2) (b)

 

  • Requirement for Braille and/or adaptation of educational material, or  2.08 (2) (b) (i)
  • Requirement of specialized methods, aids, and/or equipment for learning, literacy, and/or mobility.  2.08 (2 )(b) (ii)

 

A child with a hearing disability shall have a deficiency in hearing sensitivity as demonstrated

by an elevated threshold of auditory sensitivity to pure tones or speech where, even with the

help of amplification, the child is prevented from receiving reasonable educational benefit from

regular education.  2.08 (3)

 

A "deficiency in hearing sensitivity" shall be one of the following:  2.08 (3) (a)

  • An average pure tone hearing loss in the speech range (500 - 2000 Hz) of at least 20 dBHL in the better ear which is not reversible within a reasonable period of time.  2.08 (3)(a)(i)
  • An average high frequency, pure tone hearing loss of at least 35 dBHL in the better ear for two or more of the following frequencies:  2000, 4000 or 6000 Hz.  2.08 (3) (a) (ii)
  • A unilateral hearing loss of at least 35 dBHL which is not reversible within a reasonable period of time.  2.08 (3) (a) (iii)

 

Criteria for a hearing disability preventing the child from receiving reasonable educational

benefit from regular education shall include one or more of the following:  2.08 (3) (b)

 

  • Sound-field word recognition (unaided) of less than 75% in quiet as measured with standardized open-set audiometric speech discrimination tests presented at average conversational speech (50-55 dBHL).  Interpretation shall be modified for closed-set tests.  2.08 (3) (b) (i)
  • Receptive and/or expressive language delay as determined by standardized tests:  2.08(3) (b )(ii)

 

    • under 3 years:  less than one-half of expected development for chronological age.
    • 3 to 8 years:  1 year delay or more.
    • 9 to 13 years:  2 years delay or more.
    • 14 to 21 years:  3 years delay or more.

 

  • An impairment of speech articulation, voice and/or fluency.  2.08 (3) (b) (iii)
  • Significant discrepancy between verbal and nonverbal performance on a standardized intelligence test.  2.08 (3) (b) (iv)
  • Delay in reading comprehension due to language deficit.  2.08 (3) (b) (v)
  • Poor academic achievement.  2.08 (3) (b) (vi)
  • Inattentive, inconsistent and/or inappropriate classroom behavior.  2.08 (3) (b) (vii)

 

A child with significant limited intellectual capacity shall have reduced general intellectual

functioning which prevents the child from receiving reasonable educational benefit from

regular education.  2.08 (4)

 

Reduced general intellectual functioning shall mean limited intellectual capacity or ability

which usually originates in the developmental period and exists concurrently with impairment

in adaptive behavior.  2.08 (4) (a)

 

Criteria for significant limited intellectual capacity preventing the child from receiving

reasonable educational benefit from regular education shall include:  2.08 (4) (b)

 

  • A score of more than 2.0 standard deviations below the mean on individually administered measures of cognition.  2.08 (4) (b) (i)
  • Evidence that the level of independent adaptive behavior is significantly below the culturally imposed expectations of personal and social responsibilities.  2.08 (4) (b) (ii)
  • A deficiency in academic achievement, as indicated by scores 2.0 standard deviations below the mean in measures of language, reading and math.  2.08 (4) (b) (iii)

 

None of these indicators, by itself, shall be a sufficient criterion for determination of a significant limited intellectual capacity; however, all three indicators shall be evident for the determination of this disability.  Professional judgment shall be required for interpretation of scores and/or other findings. 

 

A child with a significant identifiable emotional disability shall have emotional or social functioning which prevents the child from receiving reasonable educational benefit from regular education.  2.08 (5)

 

Emotional or social functioning shall mean one or more of the following:  2.08 (5) (a)

 

  • Exhibits pervasive sad affect, depression and feelings of worthlessness; cries suddenly or frequently.  2.08 (5) (a) (i)
  • Displays unexpected and atypical affect for the situation.  2.08 (5) (a) (ii)
  • Excessive fear and anxiety.  2.08 (5) (a) (iii)
  • Persistent physical complaints not due to a medical condition.  2.08 (5) (a) (iv)
  • Exhibits withdrawal, avoidance of social interaction and/or lack of personal care to an extent that maintenance of satisfactory interpersonal relationships is prevented.  2.08 (5) (a) (v)
  • Out of touch with reality; has auditory and visual hallucinations, thought disorders, disorientation or delusions.  2.08 (5) (a) (vi)
  • Cannot get mind off certain thoughts or ideas; cannot keep self from engaging in repetitive and/or useless actions.  2.08 (5) (a) (vii)
  • Displays consistent pattern of aggression toward objects or persons to an extent that development or maintenance of satisfactory internal relationships is prevented.  2.08 (5) (a) (viii)
  • Pervasive oppositional, defiant or noncompliant responses.  2.08 (5) (a) (ix)

·         Significantly limited self-control, including an impaired ability to pay attention.  2.08 (5) (a) (x)

  • Exhibits persistent pattern of stealing, lying or cheating.  2.08 (5) (a) (xi)
  • Persistent patterns of bizarre and/or exaggerated behavior reactions to routine environments.  2.08 (5) (a) (xii)

 

Criteria for significant identifiable emotional disability preventing the child from receiving reasonable education benefit from regular education shall include the following characteristics and qualifiers:  2.08 (5) (b)

 

  • One or both of the following characteristics shall be present:  2.08 (5) (b) (i)

 

Academic functioning:  an inability to receive reasonable educational benefit from regular education which is not primarily the result of intellectual, sensory or other health factors, but due to the identified emotional condition.

 

Social/emotional functioning:  an inability to build or maintain interpersonal relationships which significantly interferes with the child's social development.  Social development involves those adaptive behaviors and social skills which enable a child to meet environmental demands and assume responsibility for his/her own and others' welfare.

 

All four of the following qualifiers shall be documented for either of the above characteristics demonstrated.  The first qualifier may not be applicable in the case of court ordered placements, triennial reviews and identification of children ages five years and younger.  2.08(5)(b)(ii)

 

·         A variety of instructional and/or behavioral interventions were implemented within regular education and the child remains unable to receive reasonable educational benefit from regular education or his/her presence continues to be detrimental to the education of others.

·         Indicators of social/emotional dysfunction exist to a marked degree; that is, at a rate and intensity above the child's peers and outside of his/her ethnic and cultural norms and outside the range of normal development expectations.

·         Indicators of social/emotional dysfunction are pervasive, and are observable in at least two different settings within the child's environment, one of which shall be school.

·         Indicators of social/emotional dysfunction have existed over a period of time and are not isolated incidents or transient, situational responses to stressors in the child's environment.

 

A child with a Specific Learning Disability shall have a learning disorder that prevents the child from receiving reasonable educational benefit from general education.  2.08 (6) (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 the imperfect ability to listen, think, speak, read, write, spell or do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia.  Specific learning disability does not include learning problems that are primarily the result of visual, hearing, or motor disabilities; significant limited intellectual capacity; significant identifiable emotional disability; cultural factors; environmental or economic disadvantage; or limited English proficiency.  2.08 (6) (a) (i)
  • Criteria for a specific learning disability under the Response to Intervention Model.  The child must meet the following criteria:  2.09 (6) (b) (ii)

 

o   The child does not achieve adequately for the child’s age or meet state-approved grade-level standards in one or more of the following areas, when provided with learning experiences and instruction appropriate for the child’s age or state-approved grade-level standards.

§  Oral expression;

§  Listening comprehension;

§  Written expression;

§  Basic reading skill;

§  Reading fluency skills

§  Reading comprehension;

§  Mathematical calculation;

§  Mathematics problem solving; and

o   The child does not make sufficient progress to meet age or state-approved grade-level standards in one or more of the areas identified in Section 2.08 (6) (b) (i) when using a process based on the child’s response to scientific, research-based intervention as determined by a body of evidence demonstrating:

§  Academic skill deficit(s); and

§  Insufficient progress in response to scientific, research-based intervention.

 

A child with speech-language impairment shall have a communicative disorder which prevents the child from receiving reasonable educational benefit from regular education.  2.08 (7)

 

Speech-language disorders may be classified under the headings of articulation, fluency, voice, functional communication or delayed language development and shall mean a dysfunction in one or more of the following:  2.08 (7) (a)

 

  • Receptive and expressive language (oral and written) difficulties including syntax (word order, word form, developmental level), semantics (vocabulary, concepts and word finding), and pragmatics (purposes and uses of language).  2.08 (7) (a) (i)
  • Auditory processing, including sensation (acuity), perception (discrimination, sequencing, analysis and synthesis) association and auditory attention.  2.08 (7) (a) (ii)
  • Deficiency of structure and function of oral peripheral mechanism.  2.08 (7) (a) (iii)
  • Articulation including substitutions, omissions, distortions or additions of sound.  2.08 (7) (a) (iv)
  • Voice, including deviation of respiration, phonation (pitch, intensity, quality), and/or resonance. 2.08 (7) (a) (v)
  • Fluency, including hesitant speech, stuttering, cluttering and related disorders.  2.08 (7) (a) (vi)
  • Problems in auditory perception such as discrimination and memory.  2.08 (7) (a) (vii)

 

Criteria for a speech-language disability preventing a child from receiving reasonable educational benefit from regular education shall include:  2.08 (7) (b)

 

  • Interference with oral and/or written communication in academic and social interactions in his/her primary language.  2.08 (7) (b) (i)
  • Demonstration of undesirable or inappropriate behavior as a result of limited communication skills.  2.08 (7) (b) (ii)
  • The inability to communicate without the use of assistive, augmentative/alternative communication devices or systems.  2.08 (7) (b) (iii)

 

A child with multiple disabilities shall have two or more areas of significant impairment, one of which shall be a cognitive impairment except in the case of deaf-blindness.  Cognitive impairment shall mean significant limited intellectual capacity.  The other areas of significant impairment include:  physical, visual, auditory, communicative or emotional.  The combination of such impairments creates a unique condition that is evidenced through a multiplicity of needs which prevent the child from receiving reasonable educational benefit from regular education.  2.08 (8)

 

The definition of impairment shall be the same as that for each of the single disabilities.  2.08 (8) (a)

 

Criteria for multiple disabilities preventing a child from receiving reasonable educational benefit from regular education shall be the same as that considered for each of the single disabilities.  Indicators for the combination of impairments creating a unique condition shall be:  2.08 (8) (b)

 

  • Inability to comprehend and utilize instructional information.  2.08 (8) (b) (i)
  • Inability to generalize skills consistently.  2.08 (8) (b) (ii)
  • Inability to communicate fluently.  2.08 (8) (b) (iii)
  • Inability to demonstrate problem solving skills when such information is presented in a traditional academic curriculum.  2.08 (8) (b) (iv)

 

A preschool child with a disability shall be three through five years of age and shall, by reason of one or more of the following conditions, be unable to receive reasonable educational benefit from regular education:  long-term physical impairment or illness, significant limited intellectual capacity, significant identifiable emotional disorder, specific learning disability, or speech language impairment. 2.08 (9)

 

Children ages three through five who would otherwise qualify according to one or more of the above categorical conditions but for whom the category cannot be appropriately determined may qualify for preschool special education if multiple sources of information are utilized and if such children meet one or more of the following criteria:  2.08(9)(a)

 

  • Children who rank at the seventh percentile or below on a valid standardized diagnostic instrument, or the technical equivalent in standard scores (76 if the mean is 100 and the standard deviation is 16) or standard deviations (1.5 standard deviations below the mean) in one or more of the following areas of development:  cognition, communication, physical and psychosocial.  2.08 (9) (a) (i)
  • Children with identifiable conditions known through empirical data to be associated with significant delays in development.  2.08 (9) (a) (ii)

 

  • In extraordinary cases when a standardized score cannot be determined, a child may be determined disabled based on the informed opinion of the assessment team which includes the parent(s) and with documentation of the rationale for the inability to obtain a standardized score.  2.08 (9) (a) (iii)

 

Criteria for a preschool child being unable to receive reasonable educational benefit from regular education shall be a substantial discrepancy between the child's performance and behavior as compared to children of a comparable age.  2.08 (9) (b)

 

An infant/toddler with a disability shall be a child from birth through two years of age who has significant developmental delays and who potentially may be unable to receive reasonable educational benefit from regular education is eligible for early intervention services and shall be defined by one of the following:  2.08 (10)

 

Significant developmental delays shall mean those children who have a significant delay in at least one or more of the following areas of development:  cognition, communication, physical, motor, vision, hearing, psychosocial and self-help skills as  assessed by qualified professionals utilizing appropriate methods and procedures.  Significant development delay shall mean, development that qualified personnel determine to be outside the range of “normal” or “typical” for a same aged peer.  Conditions associated with significant developmental delays shall mean those children who have identifiable conditions known to have a high probability of resulting in significant developmental delays, but who may not be exhibiting delays in development at the time of diagnosis.  Those identifiable conditions are:  2.08 (10) (a)

 

  • Chromosomal syndromes and conditions associated with mental retardation.  2.08 (10) (a) (i)
  • Congenital syndromes and conditions associated with delays in development.  2.08 (10) (a) (ii)
  • Sensory impairments.  2.08 (10) (a) (iii) 
  • Metabolic disorders.  2.08 (10) (a) (iv)
  • Prenatal and perinatel infections and significant medical problems.  2.08 (10) (a) (v)
  • Low birth weight infants weighing less than 1,200 grams.  2.08 (10) (a) (vi) 
  • Post-natal acquired problems known to result in significant developmental delays.  2.08 (10) (a) (vii)

 

 

Individualized Education Programs 4.03

The term “Individualized Education Program” or “IEP” means a written statement for each child with a disability that is developed, reviewed and/or revised in accordance with the Rules.  Except as is otherwise set forth in this Section 4.03, the requirements regarding IEPs shall be consistent with 34 CFR §300.320 through §300.325.

 

The requirements governing when IEPs must be in effect shall be consistent with 34 CFR §300.323.  The topics addressed by 34 CFR §300.323 include:  4.03 (1)

 

The general requirement that an IEP for each child with a disability must be in effect at the beginning of each school year; 4.03 (1) (a)

 

Options for utilizing an IEP or IFSP for children three through five; 4.03 (1) (b)

 

The administrative unit of residence shall participate in meetings regarding the transition planning process from infant/toddler to special education preschool services consistent with the requirements of 34 CFR §300.124; 4.03 (1) (c)

 

The initial provision of services, including timelines;  4.03 (1) (d)

Exception:  The initial IEP for a child shall be developed within 90 calendar days of the date that parental consent was obtained to conduct the initial evaluation.

 

Accessibility of the child’s IEP to teachers and others;  4.03 (1) (e)

 

IEPs for children who transfer public agencies within the State;  4.03 (1) (f)

 

IEPs for children who transfer from another State; and 4.03 (1) (g

 

Transmittal of records.  4.03 (1) (h)

 

The requirements for the development, review, and revision of the IEP shall be consistent with 34 CFR §300.324. The topics covered by CFR §300.324 include:

 

General factors that the IEP Team must consider; 4.03 (2) (a)

 

Special factors that the IEP Team must consider; 4.03 (2) (b)

 

Requirements with respect to the general education teacher; 4.03 (2) (c)

 

IEP changes mutually agreed to by the parent and the administrative unit or state operated program after the annual IEP review meeting and without convening the IEP Team. 4.03 (2) (d)

 

Consolidation of IEP Team meetings;  4.03 (2) (e)

 

Amendments to the IEP; 4.03 (2) (f)

 

Review and revision of the IEP; 4.03 (2) (g)

 

Failure to meet transition objectives; 4.03 (2) (h)

 

Rule of construction; 4.03 (2) (i)

 

Children with disabilities in adult prisons; 4.03 (2) (j)

 

Meetings to review and revise each child’s IEP to determine the child’s placement shall be initiated and conducted at least once every 365 days.  4.03 (3)

 

Responsibility for IEP Meetings.  4.03 (4)

The relative responsibilities of administrative units, state-operated programs and eligible facilities for IEP development, review and revision are established in Rule 8.00.

 

Participants in Meeting.  4.03 (5) 

Except as is otherwise provided for in this Section 4.03 (5), the IEP Team requirements contained in 34 CRF §300.321 shall apply in their entirety to meetings held for the development of an initial IEP or for the review of an IEP.

 

The Director of special education or designee who is knowledgeable about the availability of resources of the administrative unit and has the authority to commit those resources shall be a required agency representative consistent with 34 CFR §300.321 (a) (4).  The requirements contained in 34 CFR §300.321 (e) regarding the non-attendance or excusal of certain IEP Team members shall not apply to this IEP Team member.  4.03 (5) (a)

 

If the meeting is not the responsibility of the administrative unit of residence, the special education director or designee for the administrative unit of residence may, at his/her discretion, participate in the meeting.  4.03 (5) (b)

 

If the child has been publically placed at an eligible facility or a private school, a representative of the eligible facility of private school must attend the IEP Team meeting.  If the representative is unable to attend, his or her participation must be ensured through methods consistent with 34 CFR §300.328.  4.03 (5) (c)

 

Content of IEP/Record of Meeting.  4.03 (6)

The IEP must meet the IEP content requirements established by 34 CFR §300.320 (a) and §300.320 (c).  In addition, the following IEP content is required:

 

The written IEP for each child with a hearing disability shall include a Communication Plan as developed by the IEP team.  The Plan shall include the following: 4.03 (6) (a)

  • A statement identifying the child’s primary communication mode as one or more of the following: Aural, Oral, Speech-based, English Based Manual or Sign System, American Sign Language.  Further, there should be no denial of opportunity for instruction mode based on:

o   Residual hearing

o   The parents’ inability to communicate in the child’s communication mode or language, nor

o   The child’s experience with another mode of communication or language.

  • A statement documenting that an explanation was given of all educational options provided by the school district and available to the child.
  • A statement documenting that the IEP team, in addressing the child’s needs considered the availability of deaf/hard of hearing adult role models and a deaf/hard of hearing peer group of the child’s communication mode or language.
  • The communication-accessible academic instruction, school services, and extracurricular activities the student will receive must be identified.

 

The teachers, interpreters, and other specialists delivering the communication plan to the student must have demonstrated proficiency in, and be able to accommodate for the child’s primary communication mode or language.

 

The written IEP for each child with a vision disability shall include a Learning Media Plan as developed by the IEP team based on comprehensive assessment of the student’s learning and literacy modalities by a licensed teacher endorsed in the area of visual impairment.  Braille shall be the literacy medium selected unless the IEP team determines, based on the comprehensive literacy learning media assessment that instruction in Braille is not appropriate.  The plan shall include the following.  4.03 (6) (b)

  • A statement of how the selected learning and literacy mode or modes will be implemented as the student’s primary or secondary mode for achieving literacy and why such mode or modes have been selected,
  • A statement of how the student’s instruction in the selected learning and literacy mode or modes will be integrated into educational activities,
  • The date on which the student’s instruction in the selected mode or modes shall commence, the amount of instructional time to be dedicated to each learning and literacy mode, and the service provider responsible for each area of instruction, and
  • A statement of the level of competency in each selected learning and literacy mode or modes which the student should achieve by the end of the period covered by the IEP.

 

Colorado teachers licensed and endorsed in the area of Visual Impairment must have demonstrated competency in reading and writing literary Braille per the guidelines developed by the Colorado Department of Education.

 

Academic Content Standards  4.03 (6) (c)

 

  • The IEP for a child enrolled in a school district or the State Charter School Institute shall specify:  4.03 (6) (c) (i)

o   Whether the child shall achieve the content standards adopted by the district in which the child is enrolled or by the State Charter School Institute, or

o   Whether the child shall achieve individualized standards which would indicate that the child has met the requirements of his or her IEP.

  • For each child attending school in an eligible facility or state-operated program, the IEP shall specify:  4.03 (6) (c) (ii)

o   Whether the child shall achieve State or local content standards, or

o   Whether the child shall achieve individualized standards which would indicate that the child has met the requirements of his or her IEP.

 

Exception:  In lieu of 34 CFR §300.320 (b), the IEP content requirement for transition services shall be as follows:  4.03 (6) (d)

  • Beginning with the first IEP developed when the child is age 15, but no later than the end of 9th grade, or earlier if deemed appropriate by the IEP Team, and updated annually, thereafter, the IEP must include: 4.03 (6) (d) (I)
  • Appropriate measurable postsecondary goals  based upon age appropriate transition assessments related to training, education, employment, and where appropriate, independent living skills; and;
  • The transition services (as defined in Section 2.51 of these Rules and including courses of study) needed to assist the child in reaching those goals.

 

Beginning not later than one year before the child reaches the age of majority (i.e., age 21), the IEP must include a statement that the child has been informed of the child’s rights under 6.02 (9) of the Rules and 34 CFR §300.520.  403 (6) (e)

 

Benchmarks and Short-Term Objectives.  4.03 (6) (f)

 

Consistent with 34 CFR§300.320 (a) (2) (ii), for students with disabilities who take alternate assessments aligned to alternate achievement standards, the IEP shall contain a description of benchmarks or short-term objectives.  4.03 (6) (f) (i)

 

Rule of construction:  Nothing in these Rules shall be sonstrued to prohibit an administrative unit or state-operated program from including benchmarks of short-term objectives in  child’s IEP.  4.03 (6) (f) (ii)

 

Parent Participation  4.03 (7)

 

The requirements for ensuring parent participation in the development of IEPs shall be consistent with 34 CFR §300.322.  4.03 (7) (a)

 

Exception:  In lieu of 34 CFR §300.322 (b) (2), the requirements regarding parent participation at meetings involving postsecondary goals and services for a child shall be as follows: 4.03 (7) (b)

  • Beginning with the first IEP developed when the child is age 15, but no later than the end of 9th grade, or earlier if deemed appropriate by the IEP Team, and updated annually, thereafter, the notice of meeting must:  4.03 (7) (b) (i)

o   Indicate that a purpose of the meeting will be the consideration of the postsecondary goals and transition services in accordance with Section 4.03 (6) (d) of the Rules

o   Indicate that the responsible administrative unit or state-operated program will invite the student, and

o   Identify any other agency that will be invited to send a representative consistent with 34 CFR §300.32 (b) (3), the administrative unit or state-operated program must obtain the consent of the parent to invite such representative.

 

The requirements for parent involvement in educational placement decisions shall be consistent with 34 CFR §300.327 and §300.501 (c).  4.03 (8)

 

The determination of placement must be based on the child’s IEP and made by the IEP Team.  The terms “placement” or “educational Placement” are used interchangeably and mean the provision of special education and related services and do not mean a specific place, such as a specific classroom or specific school.  Decisions regarding the location in which  child’s IEP will be implemented and the assignment of special education staff responsibilities shall be made by the Director of Special Education of designee.  4.03 (8) (a)

 

Change in Placement 4.03 (8) (b)

  • Non-significant change in program/services.  4.03 (8) (b) (i)

When a child’s educational program is altered, such as a change in the amount of a given service, the change in program/services is a non-significant change in program/services. 

o   Prior written notice of such changes must be provided to the parent.

o   Consent is not required.

o   A not-significant change in program/services must be made by the IEP Team unless the parent and the administrative unit or state-operated program mutually agree to change the IEP after the annual IEP meeting in a school year consistent with 34 CFR §300.324 (a) (4).  However, reevaluation is not required.

  • Significant change in placement: 4.03 (8) (b) (ii)

A significant change in placement for educational purposes includes placement or referral to a private school or eligible facility by the administrative unit, the addition or termination of an instructional related service or any change which would result in the following:

o   The child having different opportunities to participate in nonacademic and extracurricular services;

o   The new placement option is a change in the educational environment categories required for reporting data to the Secretary of the U.S. Department of Education pursuant to Section 618 of the IDEA; or

o   The child transfers from a brick and mortar school to an on-line program or vice versa.  The administrative unit for the entity sponsoring the on-line program is responsible for conduction the reevaluation and convening the IEP Team to determine whether the on-line program is an appropriate placement for the child.

  • A significant change in placement shall be made upon consideration of reevaluation.  Such change shall be made only by an IEP Tem with the addition of thoe persons conducting such reevaluation unless the parent and the administrative unit or state-operated program mutually agree to change the IEP after the annual IEP meeting in a school ear consistent with 34 CFR §300.324 (a) (4).
  • A change in building or location 4.03 (8) (b) (ii)

A change in building or location that is not a change in placement, as described in Section 4.03 (8) (b), may be accomplished without convening the child’s IEP Team or conducting a reevaluation.  Decisions changing location or building should be made with due consideration for the impact on the child’s total education program.  A location or building decision that does not constitute a change in placement does not require prior written notice or an IEP Team meeting.

  • Public School Choice  4.03 (8) (b) (iv)

When a student transfers to a new school or program, including an on-line program, under Public School Choice, the transfer requirements contained in 34 CFR §300.323 (e) apply.  If the transfer constitutes a significant change in placement, as described in Section 4.03 (8) (b) (ii) of these Rules, the administrative unit in which the receiving school or program is located must conduct a reevaluation consistent with Section 4.03 (8) (b) (ii) (B) and also convene an IEP Team to ensure  that the receiving school or program is an appropriate placement for the student.  When the charter contract between a charter school and its authorizer allows the charter school to provide the special education services and to conduct the IEP meeting required by this Rule, the charter school shall be responsible for the evaluation and IEP meeting.  However, the administrative unit of the authorizer remains ultimately responsible for ensuring compliance with all special education requirements.

  • The administrative unit or state-operated program shall consider the cost to the administrative unit pr state-operated program when choosing between two or more appropriate placements.

 

Participation of the administrative unit of residence  4.03 (9)

If the administrative unit of residence is not responsible for a meeting, as set forth in Section 8.00 of these Rules, the administrative unit of attendance or state-operated program shall timely notify the Special Education Director/designee for the administrative unit of residence.  Such notification shall be provided at the same time and in the same manner that the parent is notified of the meeting.

 

Private Placements Made by Administrative Units and Public Agencies 4.03 (10)

Every administrative unit and every public agency, as that term is defined in Section 9.01 (5) of these Rules, shall comply with the out-of-home and out-of-district placement requirements set forth in 34 CFR §300.325 and Section 9.00 of these Rules.

 

Alternative Means of Meeting Participation 4.03 (11)

Alternative means of meeting participation and carrying out administrative matters involving procedural safeguards shall be consistent with 34 CFR §300.328.

 

                                                                                                                                                                       

 

District Policy/Focus

Rio Blanco BOCES ensures that for each child referred for special education an eligibility meeting to determine disability/eligibility will be conducted within a reasonable period of time after the assessment process has been completed.  The IEP Team, through a systematic process of sharing and interpreting information, shall determine whether or not the child has a disability that impacts his/her education and would make him/her eligible for an IEP, and if so, create an IEP for the provision of a Free and Appropriate Public Education in the Least Restrictive Environment.  This process will be completed within 90 days of receipt of parent permission to assess.

 

Procedures

 

1.         Through the full and individual evaluation process, the Multidisciplinary Team will:

    • identify the student’s strengths and skills;
    • identify the student’s disability/ies if any exist(s);
    • collect sufficient information to measure the adverse effect of the student’s disability on his/her educational performance; and
    • identify specific instructional and support services that are needed by the student to improve his/her educational performance, regardless of whether the evaluation team determines that the student has a disability.

 

2.         After the evaluation has been completed, the Multidisciplinary Team will document the evaluation information.  The evaluation report should:

·         Document sources of information and assessment methods used, results obtained and date() the assessment(s) was administered

·         Analyze raw evaluation data or completed questionnaires and interpret the results, including the student’s strengths, needs, and implications for instruction.  Data prove to be more valuable with appropriate analysis and synthesis.

·         Language will be used that is educationally relevant and devoid of as much jargon as possible and is readily understood by educational staff and parents will be used in the reports.

·         The evaluation report should not include recommendations about eligibility for special education, a specific disability classification or placement options.  The Multidisciplinary Team will determine its decision at the conclusion of the eligibility meeting when the evaluation results are share; interpreted and discussed.

·         Evaluation report(s) will be completed and provided to the parents.

 

3.         Notice of Meeting

            The Case Manager will send the Notice of Meeting to the parent(s) early enough to ensure that they will have an opportunity to attend.  The meeting should be scheduled for a mutually agreed upon time and place.  The Notice of Meeting provides for the combination of the Eligibility Meeting and IEP development if appropriate.

 

4.         The purpose of the Eligibility Meeting is to determine a student’s eligibility to receive special education services by:

·         Developing and documenting a profile of the student’s academic and behavioral functioning, including current levels of performance;

·         Discussing characteristics exhibited by the student that support or refute the identification of a disability and;

·         Determining whether there is or continues to be an adverse impact on the student’s educational performance.

 

5.         In making eligibility determinations, the Multidisciplinary Team must:

·         Review and consider all assessment data, including results from any independent evaluations;

·         Consider the strengths and needs of the student;

·         Use the results of more than one single procedure; and

·         Ensure the determination is not based on the student’s lack of instruction of because of limited English proficiency.

 

6.         The BOCES Multidisciplinary Team includes parents and other individuals who are knowledgeable about the evaluation findings and can interpret their instructional implications.  The meeting should summarize findings in the relevant areas identified on the appropriate Eligibility Determination form.  Parents must be provided with  copy of the evaluation report and the Eligibility Determination documents.

 

7.         The BOCES Multidisciplinary Team should discuss whether or not the characteristics exhibited by the student support the conclusion that the student has a disability and needs special education and related services.  If the student is determined eligible for special education, the Team can develop the IEP or schedule another meeting for that purpose.  If it is determined that the student is not eligible for special education, the Multidisciplinary Team should discuss what other resources are available to support the student.

 

8.         Consent of Initial Placement in Special Education

            If the BOCES Multidisciplinary Team has determined that a student is eligible for special education services at an initial eligibility meeting, the Team must obtain consent from the parent(s) for the initial provision of special education and related services.  The Prior Notice and Consent for Initial Provision of Special Education and Related Services form must be completed before an IEP is developed and before the student receives any special education services.

·         Written consent for the Initial Provision of Special Education and Related Services is only required at the initial eligibility determination.  When a student transfers from another state or district and the initial consent is missing, the receiving district must obtain parental consent.

·         The consent “opens the door” for special education services.  It provides the BOCES permission to provide any special education services once they are agreed upon by the IEP Team.  It is not an agreement regarding what specific special education services or placement will be provided.

·         If the parent fails to respond to a request to provide consent for the initial Provision of Special Education and Related Services, a public agency must document attempts to gain consent within a reasonable time frame.  Such documentation includes:

o   Detailed records including date and time of telephone calls made and the results of those calls;

o   Copies of correspondence sent to the parents and any responses received;

o   Detailed records including date and time of visits made to the parent(s) home or place of employment and the results of those visits.

·         If a parent denies consent or fails to respond to a request for consent for the initial provision of special education and related services, the public agency will not be considered in violation of the requirement to make available a FAPE to the student, and is not required to convene a meeting to develop and IEP.

 

IEP Development

 

9.         The BOCES may schedule the Eligibility and IEP development meeting at the same time; however, if necessary the meetings may be held separately.  In this case, a separate Notice of Meeting must be sent to the parents.

            The IEP document must be maintained as part of the student’s special educational record.  All IEP discussions are confidential and must not be discussed with persons other than those school district employees who have responsibilities for the education of the particular student and persons authorized by the parent.

 

10.       The IEP Team consists of a group of professionals and the student’s parents.  Members of this tem need to be appropriate to make decisions about the student’s educational program.  The IEP Team may be comprised of the same individuals or vary slightly for the individuals on the Multidisciplinary Team.  The purpose of the meeting may dictate the need to include specific professionals at the meeting.

 

11.       Parents are integral members of the child’s IEP Team.  The BOCES staff must take steps to ensure that one or both parents have the opportunity to participate in meetings related to the identification, evaluation, and educational placement of their child.  If neither parent can attend an IEP meeting, the public agency must use other methods to ensure parent participation in IEP development, including individual or conference calls.  The case manager is responsible for facilitating communication with the parent to guide the process of the evaluation and the subsequent IEP meeting.

 

12.       The case manager should contact the parent(s) to determine his/her preferences for the date and time of the IEP meeting, and to ascertain if the parent has any special needs which require an accommodation (e.g., interpreter, wheelchair accessible site, etc.).  The case manager may use several methods for contacting parents including telephone calls, mailing the information, a home visit, or contact through another adult family member.

 

13.       Although the BOCES may conduct an IEP meeting without a parent in attendance if the parent(s) does not respond to the notice, or if the school is unable to convince the parents to attend, attempts must be made to secure parental participation.

 

14.       The case manager must also ensure that parents understand the proceedings of the meeting.  This might mean securing an interpreter or translator for a parent who is deaf or whose native language is other than English.  Parents with limited English proficiency (LEP) may be given an audiotape containing translations made during the IEP meting.  Please contact the BOCES office for names of interpreters or translators.

 

15.       Individuals who must be present at Eligibility at IEP meetings

            All individuals who must be present must be listed by title only on the Notice of Meeting.  The parent has the right to request the meeting be rescheduled if individuals present are not listed on the meeting notice or if invited individuals are not present.

Team Participants

Multidisciplinary

Team

(for determining

eligibility)

IEP Team

(for annual

review)

IEP

Revision

Team

IEP Team

For

Transition

Parent

E

E

E

E

General Education Teacher (if student is or may be receiving services in general education classroom)

R

R

R

R

Special Education Teacher (or Speech Pathologist if child is receiving only speech and language)

R

R

R

R

Individual who can interpret results of evaluation(s)

R

R

R

R

Special Education Director or designee

R

R

R

R

Student (age 15 or older)

E

E

E

E

Bilingual Specialists for ELLs

R

R

R

R

Community Service Agency Representative (if student is age 15 or older and the agency will provide or pay for services)

O

I

O

I

Related services providers, when the services are considered for initiation, continuation or discontinuation

R

R

I

I

E=Essential            I=Must be invited to participate            R=Required attendance        O=Optional attendance

 

·         If the purpose of the meeting is to determine eligibility for special education, then a Multidisciplinary Team must meet.  If the purpose of the meeting is to develop or revise the IEP at an Annual Review, Revision or Transition meeting, the IEP Team is required to meet.  Often the required participants are the same, but the purpose of the meeting is different.

·         The general education teacher role must be filled by someone who is currently assigned to teach in a general education classroom for students the same age or grade level as the student whose IEP is being reviewed.  If the student is currently in a general education setting, a teacher of the student must be in attendance.  If the student is not currently in a general education setting, it is recommended that the general education teacher be able to represent the student’s needs in accessing the general education curriculum.

·         During the development of the IEP, the participation of the general educator is critical to discuss evaluation findings that may led to appropriate interventions including the identification of supplementary aids and services, program modifications and supports for school personnel.

·         If the student needs a particular related service in order to benefit from special education, the related service professional must be involved in developing the IEP.

 

16.       When developing, reviewing or revising an IEP, participants in the planning meeting     must:

 

·         draw upon and consider information from a variety of sources including information from the family, if available.

·         ensure that information obtained from all of these sources is documented and carefully considered.

·         reach decisions through group discussion and consensus.  Should consensus not be reached, the majority and minority opinions of the participants must be recorded as part of the IEP on the Staff Comment form.

 

17.       The IEP Team meeting will complete the following functions:

·         Introduction of IEP Team participants

·         State the purpose for the meeting

·         Ensure that any questions parents have about Procedural Safeguards, Rights and Responsibilities are answered

·         Determine present level of Academic Achievement and Functional Performance

·         Determine any Special Factors

·         Determine Post-School Goal and Transition Needs for any student over 15 years of age or earlier if needed

·         Develop Annual Goals

·         Determine Accommodations and Modifications needed

·         Determination of Extended School Year

·         Determine Service Delivery

·         Determine Placement in the Least Restrictive Environment

            If more time is needed, another meeting may be scheduled.

 

 

18.       The Individualized Education Program (IEP) will be reviewed at least annually.

 

19.       For children ages 3-5 and Individualized Family Service Plan (IFSP) may be developed             instead of the IEP if the team determines it is appropriate.


 

Reviews for on-going IEP Implementation

 

20.       Progress Reporting  The purpose of progress reporting is to provide information to parents and school personnel regarding the student’s progress toward meeting their goals.  The IEP Team determines how progress will be reported and the frequency of the reports and documents the information on the IEP.  All progress reports become part of the student’s special education record.

 

21.       Annual Review  IEPs for students eligible for special education will be reviewed within 365 days of the last IEP date.  Annual Reviews should follow the process for IEP Development and require a Notice of Meeting.

 

22.       Reevaluation and Determination of Eligibility  A reevaluation is requited:

·         Every three years from date of last eligibility determination

·         Prior to a change in eligibility

·         If the child’s parent or teacher requests, in writing, a special reevaluation

·         If a change of circumstances warrants (such as a significant change in placement)

·         The parent(s) and BOCES may agree that no further evaluation data are needed in order to determine continued eligibility

 

23.       Transfers   An IEP meeting may be necessary when a student with an IEP transfers into the BOCES.  When a student with an IEP from another district enrolls in a district served by Rio Blanco BOCES, the district must immediately initiate education services and provide a free appropriate public education by providing special education and related services in conformity with the child’s current IEP.

·         If the student transfers between Colorado school districts, the new district may adopt the IEP from the previous district, in which case an IEP meeting is not required; or the new district may develop, adopt, and implement a new IEP through the IEP process.

·         If the student has transferred to a Colorado district from another state, the new district may conduct an evaluation as described in the special education referral process, if necessary, it may develop, adopt, and implement a new IEP if appropriate.  The BOCES must take reasonable steps to promptly obtain the child’s education records including the IEP, other supporting documents, and other records related to the provision of special education or related services from the previous district.  When determining whether or not a new IEP is necessary, a district may consider, whether a copy of the current IEP is available; or whether the parent is satisfied with the IEP.

           

An IEP meeting may be requested at any time by any member of the student’s IEP Team to consider issues relevant to the student’s academic progress and social, emotional, and physical functioning within the educational setting.  The IEP meeting should be held as soon as possible, but no later than 30 days after the meeting is requested.

 

24.       Making Changes to an Existing IEP  Beyond annual and triennial reviews, there are a variety of options to change a student’s IEP.

·         Special Evaluation – This type of Eligibility Meeting is used when new evaluation data are needed to support change in eligibility or significant change in placement.

·         Amendments to the IEP – Amending the IEP is appropriate when minor changes are warranted to the IEP that do not constitute a “significant change in placement.”  When making an amendment, the changes are completed through an abbreviated, written document.  Amendments to IEPs can be conducted either with as IEP meeting or without a meeting and with parental written agreement to the changes.  The IEP may be amended to address issues such as:

o   Lack of progress toward annual goals

o   New information about the child provided to or by the parents

o   Reconsideration of decisions previously made regarding grading, promotion, assessment

o   Revision or consideration of transportation services

o   The need to eliminate or add curriculum modifications or accommodations such as classroom or individual aids

o   Revision or consideration of a behavior intervention plan

o   The need to identify alternative strategies to meet the transition objectives if those set forth in the IEP are not being provided.

·         Other – Other situations which require the IEP Team to meet at the request of the parent or the school.  Examples of other purposes for conducting IEP meetings:

o   The IEP Team must meet to identify alternative strategies to meet the transition goals if those set forth in the IEP are not being provided by outside agencies.

o   IEP Team members must meet to determine the needs of students who transfer into the district from another district.

o   The IEP Team may review the student’s educational status and determine if additional data is needed to complete an evaluation to determine eligibility (or continued eligibility).

o   If the student fails to meet IEP goals or benchmarks, a meeting may be convened to review the services recommended and to determine whether or not changes are necessary.

o   An IEP meeting may be convened anytime a student with a disability receives a failing grade in a general education class.  The purpose of the meeting is to document the cause of the failing grade and to ensure that it was not attributed to a failure to implement any portion of the IEP or lack of supplementary aids or services.

 

25.       Extended School Year – To determine Extended School Year the team must:

·         Review student records and data for evidence or regression/recoupment issues over major school breaks.

·         Indicate whether the student experienced significant regression on any of his/her IEP goals and objectives.  If yes, attach documentation of the regression.

·         Indicate whether the student required an unreasonably long period of time to relearn previously learned skills.  If yes, attach documentation.

·         Indicate whether there are other factors relevant in determining the student’s eligibility for ESY services.  Predictive factors include, but are not limited to:

o   The degree of the student’s impairment,

o   The ability of the student’s parents to provide the educational structure at home,

o   The student’s rate of progress,

o   The student’s behavioral and physical problems,

o   The availability of alternative resources,

o   The ability of the student to interact with non-disabled children,

o   The areas of the student’s curriculum which need continuous attention, and

o   The individual needs of the student and whether the requested ESY service(s) are relevant to support those needs.

·         Indicate the decision of whether the student is eligible for ESY services.

o   If the student is eligible for ESY, identify and document which goals will be worked on during the ESY and record ESY services on the Services Summary.

o   If the IEP team does not have enough data to make an ESY determination, check the “To be determined by” box and provide a date when ESY will be determined.

 

26.       Prior Written Notice

Prior Written Notice must be provided to the parents before the BOCES takes any action with regard to a student’s identification, evaluation, placement, individualized education plan, or provision of a free, appropriate public education.

 

Prior Written Notice is to provide documentation of specific changes to bee made and the timing of those changes.

 

The basic components serve as additional reminders of the Prior Written Notice’s importance in informing parents of decision that have been made.  The Notice must provide:

·         A description of the school’s action(s), proposed or refused.

·         And explanation of why the school proposes or refuses to act.

·         A description of other options the school considered and why they were rejected.

·         A description of evaluations, tests, records, or reports the school used as a basis for the action proposed or refused.

·         A description of other factors relevant to the school’s proposal or refusal.

·         A statement that procedural safeguards are available to the parents and how to obtain a copy of the Safeguards.

·         A statement of who the parents of a child with a disability may contact to understand their rights and the rights of their child afforded under the protection of the IDEA of 2004.

 

            Prior Written Notice must be provided:

·         When the BOCES proposes to initiate or change identification of a student.

·         When the BOCES proposes to initiate or change the evaluation of a student.

·         When the BOCES proposes to initiate or change the educational placement of a student.

·         When the BOCES proposes to initiate or change the provision of free, appropriate public education (FAPE) to a student.

·         When the BOCES refuses to initiate or change identification of a student.

·         When the BOCES refuses to initiate or change the evaluation of a student.

·         When the BOCES refuses to initiate or change the educational placement of a student.

·         When the BOCES refuses to initiate or change the provision of FAPE to a student.

 

 

 

 

 

 

What Circumstances Require a Prior Written Notice:            

Events Requiring Prior Written Notice

Yes

No

Identification

 

 

Screening

 

X

Problem Solving Team

 

X

Intervention Strategies

 

X

Referral for Initial Evaluation (Use Prior Notice & Consent for Evaluation)

X

 

Evaluation

 

 

Collection of new data for initial evaluation and reevaluation (Use Prior Notice & Consent for Evaluation

X

 

Evaluation of progress on the annual goals

 

X

Administration of state or district assessments

 

X

Independent education evaluation

 

X

Determination of eligibility upon completion of an initial evaluation or reevaluation (Use Prior Notice &                  Consent for Initial Provision of Services)

X

 

Eligibility issues

X

 

Refusal to conduct an evaluation

X

 

Educational Placement

 

 

Initial provision of special education services (Use Prior Notice & Consent for Initial Provision of Services)

X

 

Relocation of the special education program

 

X

Any change in educational placement

X

 

Termination of special education and related services

X

 

Transfer of student to another school or district

 

X

Graduation with a regular diploma

X

 

Disciplinary removal for more than 10 consecutive school days

X

 

Disciplinary removal for not more that 10 school days

 

X

A series of disciplinary removals that constitute a pattern of removals

X

 

Disciplinary removal to an Interim Alternative Educational Setting for not more than 45 school days

X

 

Provision of FAPE

 

 

Deletion of addition of related service

X

 

Change in annual goals on an existing IEP

X

 

Increase or decrease in special education services or related services

X

 

Change in how a student will participate in state and district assessments

X

 

Review and revision of the IEP

X

 

Increase or decrease of supplementary aids and services or supports to the school personnel

X

 

Refusal to increase or decrease related services

X

 

Consideration of ESY if done at a separate meeting

X

 

 

 

           

           


 

 

 

 

I.        Allocation of Resources

                                                                                                                                                           

 

The plan includes a method or standard by which it determines resource allocation and management of adequate personnel.  The number and types of special education personnel required to meet the needs of children with disabilities.  3.01(5)(b), 3.03(1)

 

 

 

The administrative unit will have methods or standards to determine the number and types of special education personnel required to meet the needs of identified children with disabilities These ratios are guidelines only.  Other factors, circumstances and considerations will be used to assist in making these decisions.

            Special education teachers

                        Elementary Resource – 1:18

                        Middle School Resource – 1:22

                        High School Resource – 1:24

           Centralize

                         SLIC and SIEP – 1:8

                        Speech /language specialists – 1:40 speech/language students

                        Specialty teachers – per CDE Guidelines

                        Instructional Paraprofessionals – As dictated by IEPs

                        Tutor interpreters – As dictated by IEPs and number of hearing impaired students                          School nurses – 1:2000 general education students

                        Motor therapists – 1:5000 general education students

                        School psychologists – 1:1500 general education students

                        Audiologists – 1:7000 general education students

 

 

 

 

This documentation occurs through Human Resources and Payroll departments by the use of

specific general ledger account codes that code payroll in such a way as to clearly delineate

each dollar of a Teacher/Paraprofessional/Administrators’ salary and any splits of salary for

time spent on SPED students/programs.  Time sampling performed by teachers, administrators,

secretaries is a process used by which “hours” in a day are logged during a specific week each

quarter of the year, thus to determine time usage vs. pay split accuracy.  3.01(5)(a)(ii)

 

Sufficient personnel shall be available to provide for identification, referral, assessment, determination of disability, and eligibility for special education services and development and review of IEPs, and to provide appropriate special education instructional and related services to implement all IEPs for children with disabilities.  3.03, 300.13

 

Each administrative unit shall have methods or standards by which it determines the number and types of special education personnel required to meet the needs of children with disabilities.  3.03(1)

 

Each administrative unit shall assure that licensed/certified personnel qualified in a student’s area(s) of need will have diagnostic and ongoing instructional responsibilities and contact with the student and the student’s other service providers and parents.  3.03(2), 300.14

 

Each special education teacher will provide services for the majority of students with the same identified area of need as that teacher’s licensee or certification endorsement, and must be appropriate for the age being taught.  3.04(1)

 

Special education coordinators and administrators have appropriate certification and/or licensure.  3.04(1)(c,d,)

 

There are identified qualifications and competencies for paraprofessionals and the administrative unit provides adequate supervision of paraprofessionals.  3.04(1)(e)

                                                                                                                                                                       

 

BOCES Policy/Focus

Rio Blanco BOCES shall provide sufficient personnel to provide for identification, referral, assessment, determination of disability, and eligibility for special education services and development and review of IEPs, and to provide appropriate special education instructional and related services to implement all IEPs for children with disabilities.

Procedures

Staffing allocations are determined annually based upon the number of students identified to receive special education services and supports necessary to receive an appropriate education.

 

J.      Provision Of Instructional Materials and Equipment

                                                                                                                                                                       

 

BOCES Policy/Focus

Rio Blanco BOCES shall provide sufficient funds and resources to allocate and maintain the necessary instructional materials and equipment to support instructional and related services for children and youth with disabilities.  Materials and equipment shall be at least equal to those provided to other students in regular education programs, in addition to, those supplies and equipment necessary including assistive technology to meet their individual educational plan.

 

Procedures

 

1.         Instructional materials and supplies provided for regular education students are available to students receiving special education services, through the building budget.         The per pupil allotment is determined on an annual basis. In addition, each building is        provided with additional funds to support the unique needs of student s with disabilities.

 

2.         A BOCES allotment is maintained for requests surpassing the approved amount.  These             requests are processed through the Director of Special Education and should     specifically relate to exceptional needs addressed on individual educational plans.

 

3.         Planning for provision of special equipment along with repair, replacement and maintenance is part of the Department of the BOCES budgeting process.  A BOCES equipment inventory is maintained and updated annually.

 

4.         Assistive technology devices, assistive technology services, or supplementary aids are             provided as part of the child's special education or related services.  Devices, pieces of             equipment, or product systems are provided which will increase, maintain or improve    the functional capabilities of children with disabilities.  Services are available which             directly assist children with disabilities in the selection, acquisition or use of an assistive            technology device.  Services include: evaluation of need; purchasing, leasing or            acquiring devices; selecting, customizing and repairing or replacing devices;           coordination of other therapies, interventions or services with devices; training or technical assistance for the child with a disability or that child's family; training or      technical assistance for individuals who provide services, employ or are otherwise             involved with the child.

 

K.      Facilities

                                                                                                                                                                       

 

The plan provides a description of the kind and number of facilities...necessary to meet the full educational opportunity goal.  300.223

 

Facilities are adequate for the instruction programs, are comparable to those generally available to typical services provided to all children and architectural barriers are eliminated.  300.231, 3.01

                                                                                                                                                                       

 

 

BOCES Policy/Focus

Rio Blanco BOCES ensures that all instructional and related services for children and youth with disabilities are provided in facilities that are adequate and comparable to those generally available for children and youth who are not disabled in the unit, that they are adequate for the instructional programs and that architectural barriers are eliminated.

 

 

 

 

L.      Policies and Procedures for Use of Part B Funds

 

 

                                                                                                                                                                       

 

Special education expenditures.  2.03(1)

 

Special education expenditures are those costs which are incurred by an administrative unit for professional services associated with special education referrals and assessments of children who may be disabled and for the provision of special education services as identified on individual students' Individualized Educational Programs (IEPs), and do not include costs of the regular education program. An administrative unit which maintains and operates special education programs approved by the Department of Education for the education of students with disabilities shall use its ECEA and its federal funds received through the Department to pay for the special education expenditures listed below:

 

 

 

Salaries of:  2.03(1)(a)

 

·         Special education teachers.  2.03(1)(a)(i)

·         Home-hospital teachers for students with disabilities.  2.03(1)(a)(ii)

·         Speech/language specialists.  2.03(1)(a)(iii)

·         Specialty teachers.  2.03(1)(a)(iv)

·         Instructional paraprofessionals.  2.03(1)(a)(v)

·         Tutor interpreters.  2.03(1)(a)(vi)

·         School nurses.  2.03(1)(a)(vii)

·         Occupational therapists.  2.03(1)(a)(viii)

·         Physical therapists.  2.03(1)(a)(ix)

·         School psychologists.  2.03(1)(a)(x)

·         School social workers.  2.03(1)(a)(xi)

·         Audiologists.  2.03(1)(a)(xii)

·         Other professionals.  2.03(1)(a)(xiii)

·         Special education administrators.  2.03(1)(a)(xiv)

·         Special education office support.  2.03(1)(a)(xv)

·         Other non-certificated or non licensed support.  2.03(1)(a)(xvi)

·         Employee benefits.  2.03(1)(b)

 

Supplies and materials.  2.03(1)(c)

 

Equipment which is used especially for individual students' special education programs and services.  2.03(1)(d)

 

Purchased services contracts for:  2.03(1)(e)

 

Personal services.  2.03(1)(e)(i)

 

Tuition to other administrative units, and approved tuition rates to community centered boards and eligible facilities.  2.03(1)(e)(ii)

 

Staff travel, including travel expenses for inservice education.  2.03(1)(e)(iii)

 

Other purchased services.  2.03(1)(e)(iv)

 

Dues, fees and other miscellaneous objects of expenditure.  2.03(1)(f)

 

Federal funds.  7.04(1)

 

Administrative units shall obtain prior approval from the Department of Education for the use of federal funds in support of special education services.  7.04(1)(a)

 

The approval criteria and procedures for the use of federal funds shall be governed by relevant rules and regulations promulgated pursuant to state and federal laws.  7.04(1)(b)

 

Federally funded programs shall be considered supplementary to the basic program required by the Exceptional Children's Educational Act (ECEA).  7.04(1)(c)

 

ECEA  funds.  7.04(2)

 

Under the requirements of Section 22-20-104 (1), C.R.S., an administrative unit shall use its state ECEA funds only on special education services and programs, as outlined in Section 2.03(1) of these Rules.

                                                                                                                                                                       

 

District Policy/Focus

 

 

Part B Flow Through (Project A) - Achievement of Students with Disabilities

Note: “Students” refers to students with disabilities.

 

1.         Provide students with supports, services and interventions in their neighborhood

            schools.

 

2.         Develop appropriate accommodations and modifications to support students’ unique

            learning needs in the areas of instruction, behavior and technology.

 

3.         Provide ongoing staff development focused on the areas of:

 

a.    Instructional adaptations

b.    Behavioral supports and planning

c.    Assistive technology

d.    Multisensory reading

e.    ESL/bilingual strategies

f.     Special education process and legal implications

g.    Differentiated instruction techniques in the general classroom for students with disabilities and students who are twice exceptional.

 

4.         Provide staff support in assistive technology and CSAP-A planning and development.

 

5.         Provide students with supports/services to meet their ESL/bilingual needs in order to

            better access the general education curriculum.

 

6.         Maintain IEP database and update IEP forms and technology as needed.

 

7.         Purchase materials to support students’ unique learning needs in support of success in the general education curriculum.

 

8.         Upgrade computers/printers and servers for students’ software and IEPs.

 

9.         Continue professional development and implementation of positive behavior support plans and strategies to support individual student behavior plans.

 

10.       Provide professional development and work groups to analyze CSAP and CSAP-A performance and plan for accommodations, materials and instructional foci.

 

11.       Provide students with accommodations, modifications and assistive technology to meet standards.

 

12.       Recruit and retain special education staff by providing professional development reimbursement to staff completing university programs in identified areas of special education need, i.e. Early Childhood Special Education and School Psychology.

 

 

 

Activities

 

1.         Train all new special education service providers on the accommodations and

            modifications of standards, behavior planning and legal issues.

 

2.         Provide support for individual school work groups of general and special educators to adapt standards as indicated by individual students’ needs.  Use data analysis for CSAP and CSAP-A to create a framework for instructional foci.

 

3.         Provide support for individual school work groups of general and special educators to develop proactive behavior plans and supports for students.

 

4.         Work with buildings to develop proactive arrays of services to support the behavioral and instructional needs of students with disabilities.

 

5.         Continue to expand multisensory reading training.  Purchase materials as indicated.

 

6.         Provide funding for small tutoring groups of students with disabilities to increase their reading achievement using multiple strategies including multisensory reading strategies such as the Language! program.  Provide additional support to special education staff with identified reading tutors in programs such as Language!.

 

7.         Purchase materials to support students with disabilities.  Continue to update assistive technology resources as indicated.

 

 

8.         Train staff on bilingual/ESL needs of special education students.  Purchase materials as indicated.

 

9.         Hire and/or maintain special education staff as indicated on the database.

 

10.       Train staff on differentiated instruction to meet the needs of students with disabilities and students who are twice exceptional.  Provide materials as indicated.

 

 

Equitable Access and Participation (GEPA Requirements)

 

            Students are chosen based on current levels of performance in academic areas and IEP needs to receive additional supports.  Specific interventions may be targeted to specific grade levels as deemed appropriate.  Equitability of participants across all groups is monitored on an ongoing basis.

 

 

 

The above will help assure equitable participation and access for staff and students to the programs and services addressed within. 

 

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