§126-42-6 - GRANT COUNTY SCHOOLSgrantcountyschools.org/uploads/3/4/5/8/34584177/sat_manual.docx ·...

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Grant County Schools Student Services Student Assistance Team Handbook

Transcript of §126-42-6 - GRANT COUNTY SCHOOLSgrantcountyschools.org/uploads/3/4/5/8/34584177/sat_manual.docx ·...

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Grant County SchoolsStudent Services

Student Assistance Team Handbook

2013-2014

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Grant County Schools

Dr. DeEdra LundeenSuperintendent

Deborah Mohr Director, Student Services

Special Education Attendance

Nursing ServicesCounseling Services

Psychological ServicesSection 504

Student Assistance Teams

Grant County Schools operates as an equal opportunity institution and will not discriminate on the basis of race, national origin, religion, gender, marital or family status, age or disabling condition in its activities, programs, or employment practices as required in Title IX of the Educational Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act (ADA) of 1990. It is required that school systems observe practices, procedures and working environment which are free from discrimination on the basis of disability. Therefore, Grant County Schools will follow administrative procedures which allow any individual, including a parent, student, or employee, to file a grievance if it is alleged that a policy, practice, procedure, or direct service provided by the school system has resulted in a violation of Section 504 of the Americans with Disabilities Act.

For information about your rights or grievance procedures, contact Dr. DeEdra Lundeen, Title IX Coordinator, or Deborah Mohr, Section 504/Americans with Disabilities Act Coordinator, 204 Jefferson Avenue, Petersburg, WV 26847, 304-257-1011X20.

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Contents INTRODUCTION …………………………………………………………………... 1

SECTION I …………………………………………………………………………... 2Synopsis of State Policies …………………………………………………... 2Synopsis of County Policies ………………………………………………... 3

SUMMARY ………………………………………………………………………….. 4

Flow Chart ………………………………………………………………….. 5

The Referral Rhyme ………………………………………………………… 7

SECTION II ………………………………………………………………………….. 8

Frequently Asked Questions ………………………………………………... 8SAT Procedures ………………………………………………….. 10Interventions ……………………………………………………… 11Referral For MDT Evaluation ……………………………………. 13504 Plans …………………………………………………………. 15SAT or EC/IEP …………………………………………………… 17Medical …………………………………………………………… 18

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Grant County SchoolsSTUDENT ASSISTANCE TEAM HANDBOOK

INTRODUCTION

Student Assistance Teams, sometimes referred to as SATs, were established to assist regular educators in intervening early on a student’s behalf rather than waiting for the student to fail. Early intervention by these school teams not only promotes student progress in the general curriculum, but also reduces the need to label students as special education. However, Student Assistance Teams are required to address the academic and behavioral needs of students through appropriate instructional and/or behavioral intervention strategies within the regular education program.

Because of the varied responsibilities placed upon Student Assistance Teams, the intent of the “Student Assistance Team Handbook” is to provide SATs with some direction and guidance as they work collectively to intervene on the behalf of all students who need assistance. The Handbook covers the Student Assistance Team’s legal authority as outlined by both West Virginia Department of Education (WVDE) Policies and Grant County Board of Education Policies & Procedures. The Handbook answers frequently asked questions (FAQs) regarding referral procedures, screening, 504 plans, solution focused interventions, differences between Student Assistance Team and EC/IEP responsibilities, timelines and more. A flow chart outlining the referral process, Student Assistance Team referral & School Team Report forms, excerpts from applicable policies, and verification procedures used during State Education Performance Audits are among the other materials included in the Handbook.

The Handbook is divided into three primary sections. Section I provides an overview of state and county policies, including a flow chart of the Student Assistance Team process and “The Referral Rhyme.” Section II consists of FAQs; the generic questions plus others of a more practical nature. Section III is reserved for the appendices, which include such materials as SAT referral forms, sample meeting notices, 504 Eligibility & Plan forms, and other reference & resource material.

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SECTION ISTATE & COUNTY POLICIES

West Virginia Department of Education Board Policies

There are two West Virginia State Board Policies that govern or impact the functions of Student Assistance Teams. Policy 2510, a regular education policy, identifies the specific purpose and function of SATs, while Policy 2419, a special education policy, simply calls for the establishment of a school team. Below is a brief synopsis of those policies.

Assuring the Quality of Education: Regulations for Education Programs (2510). This policy (http://wvde.state.wv.us/policies/p2510.html) requires that each public school in West Virginia establish a Student Assistance Team that shall consist of at least three persons, including a school administrator or designee, who shall serve as the chairperson of the team, a current teacher(s) and other appropriate professional staff.

According to Policy 2510, the purpose and function of the Student Assistance Team is to “Review individual student needs when a student demonstrates poor academic performance and/or engages in disruptive behavior….” Student needs are to be addressed through “appropriate instructional and/or behavioral intervention strategies within the regular education program….” When student needs are so great or significant, the Student Assistance Team may immediately refer the student for a multi-disciplinary evaluation.

The student’s parents are to be invited “to review recommendations made by the team…and provide feedback to the team about those recommendations.” The effectiveness of the instructional and/or behavioral intervention strategies is to be reviewed by the team no later than one grading period after implementation. Depending on the effectiveness of the interventions, the interventions may be continued, modified or terminated. The determination to refer the student for a multi-disciplinary evaluation may also be made at the time of the review.

Regulations for the Education of Exceptional Students (2419). This policy (http://wvde.state.wv.us/policies/p2419.html) requires the establishment of a child identification system for obtaining referrals from a variety of sources, including the screening process, school teams, private/religious schools, and from any interested person or agency. The policy further requires, in part, the establishment of “a team in each school to assist in the identification/referral of students whose educational performance is not commensurate with non-exceptional peers.”

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As noted earlier, Student Assistance Teams were established to assist those students who demonstrate poor academic and behavioral performance through interventions within the regular education program. County policies governing Student Assistance Teams emphasize that regular education role inasmuch as ten out of eleven policies involve areas other than special education, i.e., attendance, student transfers, substance abuse, etc. Listed in alphabetical order below is a brief synopsis of Policies that address various responsibilities of Student Assistance Teams.

Acceleration. The Student Assistance Team and the parents are responsible for the written plan designed to address the needs of the student who is to be considered for academic acceleration.

Alcohol and Controlled Substance Abuse. Students committing a first offense of the policy shall be referred to the school’s Student Assistance Team. Those students committing repeat offenses shall also be referred to the school’s Student Assistance Team for review upon returning to their home school.

Attendance. The Student Assistance Team is responsible for developing appropriate interventions and monitoring attendance of chronically truant students, for parent conferences and for referral of chronically truant students to community agencies when appropriate. The Attendance Director will assist in this process.

Discipline and Safe Schools. Students with discipline problems should be referred to the Student Assistance Team for assessment and referral to appropriate community agencies.

Limited English Proficiency. When an identified LEP student’s progress indicates the need for additional assistance, the student will be referred to the Student Assistance Team.

Section 504. The 504 Committee in each school will be the Student Assistance Team and will receive referrals through the child-find process, from Eligibility Committees, and from parents, teachers and other appropriate sources. The school principal or Student Assistance Team coordinator is responsible for responding to questions and inquiries from parents or staff regarding 504 accommodations.

Special Education Policies and Procedures. The Student Assistance Team Chairperson is responsible for receiving written referrals from teachers, parents and/or other interested persons for those students who are experiencing difficulties in the educational program, as well as for those students who are suspected of being eligible for gifted services. The chairperson is also responsible for notifying appropriate staff and parents of the Student Assistance Team meeting, conducting the meeting, recording recommendations, notifying parents of the results of the meeting, reviewing the effectiveness of the interventions, and obtaining parent consent for evaluation.

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Student Assistance Teams. The purpose of the Student Assistance Team is to assist with the educational, emotional, physical, social and individual needs of students. All schools will be assigned a Student Assistance Team Coordinator who shall serve as the Student Assistance Team chairperson. The Student Assistance Team Coordinator will accept referrals from staff, and parents. The Student Assistance Team shall consist of at least three persons, including the school administrator, a current teacher, and other appropriate staff. The Student Assistance Team will review student needs, will develop and implement appropriate intervention strategies, will review the effectiveness of those strategies, and will collect & maintain documentation of its activities.

Student Code of Conduct. When appropriate, students with discipline problems should be referred to the Student Assistance Team so that formal or informal assessments can be completed and/or interventions developed.

Student Transfers. The Student Assistance Team is responsible for documenting extenuating circumstances that may affect student transfers. Under such circumstances a representative of the potential receiving school is to be invited to attend the team meeting.

SUMMARY

Student Assistance Teams function under and are mandated by the authority of West Virginia Department of Education State Board Policy and various Grant County Schools’ policies and procedures.

Student Assistance Teams are called upon to assist students who may be experiencing a variety of learning and behavior problems. A primary role of the SAT is to assist classroom teachers in finding effective interventions so that students don’t need to be labeled. However, the SAT is also required to referral students who may be in need of special education services. And although proper procedure is important, recent federal legislation mandates that education focus on results, not process; on prevention, not failure; on response to intervention, not refer, test & place; on accountability for results; and on researched based intervention approaches. Therefore, Student Assistance Teams have a significant role to play in the education of all students.

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Student Assistance TeamFlow Chart

Student demonstrates poor academic/social performanceor engages in inappropriate/disruptive behavior.

Student is referred to Student Assistance Team.

Student Assistance Team develops instructional and/orbehavioral intervention strategies within the regular

education program.*

Student Assistance Team reviews effectiveness ofintervention strategies no later than one grading period

(or as otherwise specified) after implementation.

Yes Interventions Effective No

Continue interventions Modify interventions

Yes Problem Resolved No

Terminate interventions Student is referred for a multi-disciplinary

evaluation.

*Student Assistance Team may immediately refer the student for a multi-disciplinary evaluation when existing documentation indicates significantly deficient academic/social performance or inappropriate/disruptive behavior.

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Student Assistance Team

Flow Chart(Continued)

Student receives a multi-disciplinary evaluation.

Student is eligible Yes for special education No

Special Ed. Services Refer to with IEP Student Assistance Team to consider

504 Eligibility or Evaluation

Student is eligibleYes for 504 Plan No

Implement 504 Plan

Student Assistance Team develops instructional and/orbehavioral intervention strategies within the regular education

program & monitors effectiveness as appropriate

Student Assistance Team periodically reviews 504 Plan and refers for reevaluation

when deemed appropriate

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The Referral Rhyme

* Behavior Intervention Plan** Multidisciplinary Evaluation Team

***Eligibility Committee/Individualized Education Program

When a student is having trouble and learning isn’t fun, Don’t be afraid to take step No. 1.Check the student’s folder to see what’s been done.

You’ve tried several things, there’s nothing else to do,Go ahead and take step No. 2.The Student Assistance Team is waiting for you.

Academic interventions aren’t helping and neither is the BIP*,Now it is time for step No. 3.Submit a referral to the MDT**.

The evaluation is done and the student needs more,The EC/IEP*** meeting is step No. 4.Write the IEP to even the score.

If the student is not eligible,What should you do?Remember the Student Assistance Team is still waiting for you.

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SECTION IIFREQUENTLY ASKED QUESTIONS

This section includes frequently asked questions and some that are not so frequently asked. This section will also likely be updated periodically to reflect changes in law, policy, and practice. When reviewing the answers, please keep in mind that the word “shall” is used when something is required by policy. The word “should” does not indicate a requirement but probably reflects “the right thing to do.”

Generic Questions

1. What is a Student Assistance Team (Student Assistance Team) and who are its members?

The Student Assistance Team is a group of school professionals consisting of at least three persons, including the student’s current teacher(s), other appropriate staff and the school administrator or designee who shall serve as the chairperson (WVDE Board Policy 2510).

The core team should always include the student’s parent(s), current teacher(s), school administrator, and other appropriate professional staff (e.g., school counselor). While board policy requires the Student Assistance Team to consist of three people, policy does not include the parent as one of the three people. However, the parent should always be considered an integral member of the team in order for interventions to be successfully implemented. Additional appropriate professional staff will depend upon the nature of the referral. For example, the school nurse could be included when the student has health related issues, or the behavior disorders teacher/specialist/coordinator when behavior is the concern, or the Title I Reading Specialist when a reading problem is the reason for referral, or the Attendance Director for attendance concerns, etc. Please note that the additional professional staff listed are examples and are not necessarily required to be members of the Student Assistance Team.

2. What is the purpose of the Student Assistance Team?

The primary purpose and function of the Student Assistance Team is to review individual student needs when a student demonstrates poor academic performance and/or engages in disruptive behavior, and to develop appropriate instructional and/or behavioral intervention strategies to address those needs within the regular education program (WVDE Board Policy 2510).

3. Who can make a referral to the Student Assistance Team?

Referrals to the Student Assistance Team can and may come from a variety of sources, including the screening process, the student’s teacher, the student’s parent, or from any interested person or agency (WVDE Board Policy 2419).

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4. How does one make a referral to the Student Assistance Team?

Referrals to the Student Assistance Team should be submitted in writing to the school’s Student Assistance Team Coordinator. The REFERRAL TO STUDENT ASSISTANCE TEAM form is the appropriate form to use and is to be completed by the person making the referral—generally the student’s classroom teacher. The classroom teacher, homeroom teacher, school counselor or other appropriate school professional could also complete the form for referrals from parents, or any other interested person or agency. Parents or other interested parties wishing to make a referral should be asked, however, to briefly describe (either verbally or in writing) their reason for referring the student. They should also be asked to submit their requests to an appropriate school official, e.g., Student Assistance Team Coordinator.

5. Where does one make a referral to the Student Assistance Team?

As noted in the answer to the previous question, the referral is generally submitted to the Student Assistance Team Coordinator at the student’s school or to other appropriate school persons.

6. When does one make a referral to the Student Assistance Team?

A referral is made to the Student Assistance Team when a student demonstrates poor academic performance and/or engages in disruptive behavior that cannot be corrected by the teacher’s efforts alone. Indications that a student may need special assistance include, but are not limited to: poor attendance, low test scores or failing grades; limited English proficiency; late enrollment or change of school; changing dynamics in the home; alcohol or other substance abuse; poor peer relationships; delinquency or gang activities; pregnancy; violent or antisocial behavior; repeated discipline problems; evidence of physical, sexual or psychological abuse; and evidence of physical, sensory, intellectual or health difficulties.

A referral to the Student Assistance Team should not occur without first having a parent/teacher or parent/counselor conference to discuss initial concerns. This meeting provides the parents the opportunity to hear school concerns, share home concerns, and helps to establish the parent as an integral part of the team.

7. Why does one make a referral to the Student Assistance Team?

A referral to the Student Assistance Team is one way in which to access other resources and ideas to assist the regular education program in meeting the needs of the student in the most expeditious manner. However, a referral is not typically necessary the first or second time a student misbehaves or makes a poor grade, etc., because many of these issues are managed through general modifications to curriculum & instruction, and school-wide disciplinary procedures. Teachers should also consult members of pupil services (i.e., attendance, school counselor, school psychologist, school nurse, special education coordinator, etc.), as needed, without feeling compelled to submit a referral to the Student Assistance Team. A referral becomes necessary after the teacher has exhausted whatever means are available, and when multiple resources and extra support are needed to address the student’s needs.

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Student Assistance Team Procedures

8. What should happen when a referral is submitted to the Student Assistance Team?

The school Student Assistance Team Coordinator identifies and invites appropriate team members to examine the reason for the referral, review the student’s needs and recommend appropriate strategies. Minutes of the meeting are recorded on the STUDENT ASSISTANCE TEAM REPORT. Recorded on the form is the date of the meeting, the members in attendance, the recommendations of the team, the person(s) responsible for implementing the recommended intervention strategies, the plan for assessing the effectiveness of the interventions, the date(s) of the review meetings and, upon review, the results of the interventions.

9. May the Student Assistance Team request additional information to be provided that is not included on the required forms?

The REFERRAL TO STUDENT ASSISTANCE TEAM and STUDENT ASSISTANCE TEAM REPORT forms ask for the minimal amount of information to meet policy and office monitoring requirements. There is nothing in policy that prohibits the Student Assistance Team from asking the referring teacher or other appropriate school persons to provide additional information that may assist them in conducting team meetings more efficiently or in developing more effective interventions (i.e., progress reports, test results, and work samples).

10. How many times is the Student Assistance Team required to recommend and review intervention strategies before referring a student for a multidisciplinary team evaluation?

The Student Assistance Team is required to review the effectiveness of the intervention strategies at least once and the review must be no later than one grading period, or as otherwise specified, after implementation (WVDE Board Policy 2510). There may be multiple reviews and the interventions may be monitored by the Student Assistance Team throughout the student’s school career. Referral for a multidisciplinary team evaluation is, therefore, not dependent on the number of reviews but on the effectiveness of the interventions, the level of severity or significance of the student’s needs, and the student’s response to interventions.

11. Should a counselor/parent/teacher conference be considered a Student Assistance Team meeting?

No. Student Assistance Team meetings should be reserved for those situations that cannot be resolved without the use of extra resources. Counselors meet with parents routinely as do teachers, and these kinds of meetings should continue as the first step in addressing student needs.

12. Should a Student Assistance Team be scheduled to document any and all classroom modifications?

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No. The Student Assistance Team is not designed to replace good teaching strategies or the frequent modifications and accommodations that teachers and other school professionals use on a daily basis. However, once a referral has become necessary, it is good practice for the Student Assistance Team to document the strategies that have already been attempted.

Interventions

13. How do modifications, accommodations and interventions differ?

Student Assistance Teams should not become bogged down trying to figure out the differences between a modification and an accommodation, or whether or not a modification or an accommodation is an intervention. But for those who are concerned, the following is one way of looking at how the terms might differ:

Modification: When something is changed (modified) in the way it is presented. For example, Johnny’s teacher modified his spelling list by reducing the number of words from 20 to 10.

Accommodation: When an adaptation is made to something to help someone compensate for a need. For example, Johnny’s teacher allowed him to dictate his book report because he was visually impaired and had no functional use of his hands.

Intervention: When something is applied or used to change or improve behavior, learning, etc. For example, Johnny reads with only 50% accuracy from his on grade text; consequently, his teacher intervened by using 10 minutes of modeling and a correcting errors strategy three times per week for a six week period. After reviewing data collected during the six week period, it was evident that Johnny now reads with 60% accuracy.

14. What are some examples of intervention strategies?

The intent of an intervention is to address the student’s learning and/or behavior problems as quickly as possible so the problems are managed or at least do not become worse. There are a number of resources with prescriptions for how to handle a variety of learning and behavior problems. For example, The Teacher’s Guide to Behavioral Interventions, The At Risk Student In Our Schools, and Students With Special Needs, A Resource Guide for Teachers are at least three sources that teachers and Student Assistance Teams can refer to for specific interventions.

Rather than describing an intervention with more examples of “cookbook” ideas, a framework for Student Assistance Teams to use when approaching interventions may be more beneficial. A solution-focused approach is recommended rather than the student-problem approach that is traditionally used. The solution-focused approach can be achieved by (1) stating the referral problem in very clear and definable terms; (2) enlisting the support of the team, including student and parent in looking for solutions; (3) restating the problem with the end in mind; and (4) designing a strategy that is not only tailored to the problem but also includes the strategy in the restatement of the problem.

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The following example was developed utilizing the above approach. The numbers in parentheses that follow refer to the above enumerated steps.

The classroom teacher was concerned about a student who was experiencing reading difficulties. She stated the presenting problem (1) as, “The student misses more than 50 percent of the words and reads at an uneven pace when given read aloud assignments from his on grade-level text and this level of performance is significantly below that of all other students.” Restating the problem & incorporating a specific strategy (3) & (4), is as follows: “After implementing 10 minutes of modeling and a correcting errors strategy three times per week for a six week period, the student can accurately and with an even pace read aloud from his on grade-level text.”

Consequently, when the reason for referral and student desired outcomes following intervention are stated in objective and measurable terms, interventions can be tailored to address the specific problem, data can be collected and the effectiveness of the interventions can be measured.

15. Is administering screening tests, an intervention strategy?

No. Remember, an intervention needs to be tied to the reason for referral in order to ameliorate the problem. Screening tests provide us with data that may be used in designing strategies but have little utility in lessening a learning or behavior problem.

16. If the use of screening tests is not an intervention, then when is the use of screening tests appropriate?

Screening tests are appropriate when their results are used to help the team learn more about the student so that appropriate strategies can be designed. Such information could help the team tailor strategies to a level that would insure the student a higher degree of success.

Screening tests alone should not be used to determine who should or should not be referred for further evaluation. Screening tests should be employed when their results are intended to be used to develop interventions or instructional modifications.

17. Does the Student Assistance Team have to implement interventions if a student’s parents specifically request testing or must the team refer immediately for a multidisciplinary team evaluation?

The Student Assistance Team must accept referrals from a variety of sources, including a student’s parents. The Student Assistance Team is also mandated by state and county policies to intervene on the student’s behalf. Therefore, the appropriate steps to take in a situation like this is to first listen to the parent, help clarify the concerns, and then convene an appropriately staffed Student Assistance Team meeting if needed. Often parents act on or react to incomplete information; it is important that Student Assistance Teams avoid doing the same. The frequency with which children are referred, evaluated and found ineligible for special education services suggests that interventions are always appropriate even when there is going to be a referral for a multidisciplinary team evaluation. Determining a student

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ineligible for special education does not mean the student does not have learning or behavioral needs. Interventions are, therefore, paramount whether they are included as Student Assistance Team recommendations or enumerated within an eligible student’s individual education program.

Referral For A Multidisciplinary Team Evaluation

18. What is the level of severity or significance of the student’s needs that would warrant a referral by the Student Assistance Team for a multidisciplinary team evaluation?

There is no easy or simple answer to this question, and given the No Child Left Behind legislation, the question may soon become multiple questions, such as, “Was the student provided with effective instruction and research based interventions in a timely manner?” “What was the student’s response to such instruction and interventions?”

Because many students with learning problems are not “specific learning disabled” or “mentally impaired”, for example, the severity or significance of student needs that would warrant a multidisciplinary team evaluation depends on how far the student performs below average and the category of special education services for which the student may be eligible.

Consequently, the Student Assistance Team needs to be thoroughly knowledgeable about the eligibility criteria in the Regulations for The Education of Exceptional Children: Policy 2419, and the wide range of abilities that are typical in any given classroom or grade.

The Student Assistance Team needs documentation (REFERRAL TO STUDENT ASSISTANCE TEAM and STUDENT ASSISTANCE TEAM REPORT) that the (1) Student Assistance Team developed interventions to address the student’s learning or behavior concerns, (2) interventions were implemented, and (3) Student Assistance Team review determined that the interventions were ineffective. On a case by case basis, the team would determine when to refer by examining the student’s level of classroom performance, the student’s response to intervention and the criteria for the suspected handicapping condition

Below is a synopsis of eligibility criteria found in Policy 2419 for Behavior Disorders, Gifted, Mentally Impaired and Specific Learning Disabilities. Following each synopsis are guiding questions the Student Assistance Team may wish to consider.

Behavior Disorders (BD): A behavior disorder is a condition exhibiting one or more of six characteristics over a long period of time and to a marked degree that adversely affects the student’s educational performance. To be eligible there must be documentation that the student continues to exhibit at least one of the characteristics after interventions have been implemented. [Emphasis Added]

Guiding questions for Student Assistance Teams: Is the student’s behavior concerns pervasive or an isolated incident? What positive behavior supports has been implemented

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in the classroom to address the concerns? Has the student been referred to the school counselor? Has a parent conference been scheduled? What is the student’s behavior like at home and has the parent noticed a change? Has a conference been scheduled with the behavior specialist? Has a functional behavior assessment been conducted, and a behavior intervention plan developed and implemented?

Gifted: Giftedness is exceptional intellectual abilities as evidenced in part by an IQ of 130, and achievement scores that indicate the student needs specially designed instruction.

Guiding questions for Student Assistance Teams: Does the student’s classroom performance substantially exceed that of others? Are Westest II scores at a distinguished level? Does the student demonstrate exceptional verbal or creative skills?

Mentally Impaired (MI): Mental impairments are substantial limitations in present functioning as characterized by IQ ranging approximately from 70 to 75 or below with similar deficits in adaptive behavior in two or more skill areas. [Emphasis Added]

Guiding questions for Student Assistance Teams: Is the student’s classroom performance substantially below that of others? Does the student display poor communication and self help skills? Are WESTEST II scores all at the NOVICE level? Is benchmark data and progress monitoring reports below level?

Specific Learning Disabilities (SLD): Specific learning disabilities are manifested by significant deficits in listening, speaking, reading, writing, reasoning, or in math abilities.

Guiding questions for Student Assistance Teams: Does the student appear to have generally average ability? Does the student do well in Reading but not in Math or vice versa? Does the student have trouble with handwriting or copying skills? Are WESTEST II scores generally at mastery or above with one area at NOVICE?

19. When should a student who has limited English proficiency (LEP) NOT be referred for a multidisciplinary team evaluation?

A student should not be referred for a multidisciplinary team evaluation when the student scores at Level 1, 2 or 3 on the Woodcock Munoz Cognitive-Academic Language Proficiency Test, and has been receiving services through English as a Second Language (ESL) programs for less than six years. When considering LEP and related issues, the Student Assistance Team Coordinator should invite the ESL educator to the Student Assistance Team meeting.

20. Are there timelines with which Student Assistance Teams need to comply?

Yes. According to Special Education Policies and Procedures, the Student Assistance Team chairperson must notify team members of the date, time, location and the information needed for the meeting within 10 days of receipt of a written referral.

The actual Student Assistance Team meeting must be conducted within 20 days of receipt of a written referral.

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Student Assistance Team interventions/recommendations must be implemented within 15 calendar days of the date of the meeting.

Student Assistance Teams must review the effectiveness of their recommendations no later than one grading period (or as otherwise specified) following implementation of the recommendations.

When parents are not in attendance, the Student Assistance Team chairperson must provide written notice to the parents of the results of the Student Assistance Team meeting within 5 days of the meeting.

When the Student Assistance Team submits a referral for a multidisciplinary team evaluation, the Student Assistance Team Coordinator must obtain parent consent for the evaluation within 10 days.

21. What is the latest date that a Student Assistance Team can submit a referral for a multidisciplinary team evaluation?

There is no actual date deadline for submitting referrals for a multidisciplinary team evaluation. Referrals may be submitted anytime throughout the school year. However, as the end of the school term approaches the SAT should carefully consider the nature and severity of the student’s concerns, the components of the anticipated evaluation, the required personnel, and whether or not the student may be attending a different school during the next school term. Notwithstanding emergencies and the natural occurrence of some review meetings near the end of the school term, it doesn’t make sense to submit a referral in June. Given the required timelines from the date of parent permission, if at all possible, it would be prudent for Student Assistance Teams to schedule their meetings and/or subsequent reviews so that potential referrals for multidisciplinary team evaluations could be submitted no later than April 1.

504 Plans

22. If a student has an IEP, can they also have a 504 Plan?

No. A student with an IEP is automatically entitled to the additional protections and services offered under Section 504. Consequently, it would serve no purpose for a student to have both an IEP and a 504 Plan.

23. Can a student who is eligible for a 504 Plan also receive special education services?

According to federal regulations, a “free appropriate public education” is the provision of regular or special education and related services that are designed to meet the individual educational needs of handicapped persons as adequately as needs of non-handicapped persons are met. However, the distinction between 504 and special education is one of severity and the need for specially designed instruction. So if a student needed specially designed instruction, they would likely be eligible under IDEA and would have an IEP rather than a 504 Plan.

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24. Is a student eligible for 504 and entitled to a 504 Plan if he or she does not have a physical or mental impairment, but is regarded as having an impairment?

No. A student must have a documented physical or mental impairment in order to be considered 504 eligible. Having a record of such an impairment or being regarded as having an impairment does not apply to public school students. That wording was intended to prevent employers from discriminating against employees because of a record of or a perceived impairment. If a SAT finds that a student has a 504 Plan but does not meet the definition, then the SAT is obligated to schedule a meeting to correct the error.

25. If a student is found ineligible for special education services after having gone through a multidisciplinary evaluation, does the Student Assistance Team have to write a 504 Plan?

The Student Assistance Team is not required to write a 504 Plan simply because the student is ineligible for special education under IDEA. However, the Student Assistance Team may be asked by the Eligibility Committee to determine whether or not a student is eligible under section 504. If the Student Assistance Team determines the student to be 504 eligible, then a 504 plan must be written.

26. When or under what circumstances would a student be ineligible for special education, but eligible for a 504 Plan?

One example might be when a student is diagnosed with an Attention Deficit Hyperactivity Disorder (ADHD). The student would not be eligible for special education if the disorder did not adversely affect educational performance to the extent that specially designed instruction is needed. The student could be eligible for a 504 Plan because the student has a documented impairment. To be eligible, however, the impairment would also have to result in a substantial limitation to a major life activity. If eligible for a 504 plan, the plan would identify the needed modifications and accommodations that would provide the student with equal access to the school programs and services that would otherwise be denied without such a plan.

27. Are there any other times when the Student Assistance Team is required to determine if a student is 504 eligible?

The Student Assistance Team is required to consider 504 eligibility whenever referrals for possible 504 eligibility are received from parents, teachers or other appropriate sources, and following a student’s dismissal from special education.

28. How does the Student Assistance Team determine if a student is 504 eligible?

An evaluation shall be conducted or evaluation information reviewed to determine if the student is handicapped under Section 504. A student is handicapped under Section 504 if he/she has a documented physical or mental impairment which substantially limits the ability to care for him or herself, perform manual tasks, walk, see, hear, speak, breathe, learn and work.

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29. What does a substantial limitation mean?

A major life activity is substantially limited when “the individual’s important life activities are restricted as to the conditions, manner or duration under which they can be performed in comparison to most people.” [House Report No. 101-485 (II), p. 52.] According to ADA regulations, it is when a person is “Unable to perform a major life activity that the average person in the general population can perform.”

30. Under what circumstances would Student Assistance Team interventions rather than a 504 Plan be appropriate to address a student’s needs?

Student Assistance Team interventions rather than a 504 Plan should be the first option when attempting to meet a student’s needs and prior to the evaluation and identification of a student as 504 eligible. However, once the student has been identified as 504 eligible, then a 504 Plan would seem more appropriate than Student Assistance Team interventions. Remember, the purpose of a 504 Plan is to ensure that the student is not discriminated against because of their disability and denied equal access to school programs and services. Consequently, SAT interventions may still be appropriate to address the student’s learning/behavior needs that are not connected to the student’s disability.

Student Assistance Team or EC/IEP

31. If a student has an IEP, can the Student Assistance Team implement interventions to assist the student in areas that may not be included in the IEP?

Generally speaking, when a student has been identified eligible for special education services under IDEA and has an IEP, then the IEP team is responsible for any additional modifications or interventions designed to assist the student in progressing through the general curriculum.

32. Are there any exceptions to the previous question?

A student having an IEP for speech only might be one exception. Let’s say that a student receiving speech therapy begins to develop some learning or behavior problems, and then it would certainly be appropriate for the Student Assistance Team to meet and intervene early through minor instructional or behavioral modifications. During the revisions of IDEA, Congress found “that the education of children with disabilities can be made more effective by . . . pre-referral intervention to reduce the need to label children as disabled in order to address their learning needs.”

A student with an IEP for preschool special education might be a second example. Rather than requesting additional evaluation for a preschool special education student simply because the student is “aging out”, the Eligibility Committee could recommend that the student’s needs be addressed by the Student Assistance Team. Again this would eliminate a lengthy evaluation process and the need to label in order to provide the student with effective instruction and a seamless transition.

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33. If a gifted student is to be accelerated, is the plan for acceleration the responsibility of the Student Assistance Team or IEP team?

The academic acceleration policy clearly states that the Student Assistance Team along with the parents is responsible for the written plan if the student is NOT eligible for special education services. Therefore, if acceleration is considered for a gifted student, then the IEP team rather than the SAT is responsible.

34. If a student moves in from another county or another state and has already undergone some evaluation, is it the responsibility of the Student Assistance Team or EC/IEP team to meet on the student?

If a student enrolls and the student’s parents present psychological testing, medical reports, etc., and the student does not currently have an IEP, the Student Assistance Team would be the appropriate team to review the results and implement interventions to meet the student’s needs.

35. Which team is responsible if the transfer student already has an IEP?

If the student has been determined eligible for special education services and has an IEP before moving into the district, the EC/IEP team would be more appropriate than the SAT to review the records and to determine the need for interventions or specialized instruction.

Medical

36. How should the Student Assistance Team respond to a referral from a teacher, parent or any other source that the student needs medication or an evaluation for possible attention deficit disorder?

First of all, a teacher or any other school person should not recommend to the Student Assistance Team or to the student’s parents that the student needs medication. When medication or health issues are a part of the reason for referral, the Student Assistance Team Coordinator needs to ensure that the parent, the school psychologist and school nurse are invited to the Student Assistance Team meeting. Properly staffed, the Student Assistance Team can determine appropriate interventions to address the student’s needs, respond to parent concerns, and access other resources as required.

37. What steps should be followed if a parent calls the school and says that the family physician has told them to request that the school do testing and to ask for a 504 Plan?

Remember, a referral to the Student Assistance Team can come from a variety of sources; physicians being one of those sources. To deal with the first part of the question, the SAT should do the following:

(1) Use the REFERRAL TO STUDENT ASSISTANCE form to document the parents’ and physician’s reported concerns.

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(2) Determine when the parent can be available to attend a Student Assistance Team meeting. Be sure to ask them to bring copies of any medical or psychological reports they have for the Student Assistance Team to consider.

(3) Schedule and conduct a Student Assistance Team meeting to develop interventions that can be immediately implemented to address the student’s needs pending the completion of a comprehensive evaluation.

(4) Submit the STUDENT ASSISTANCE TEAM REPORT and accompanying documentation to the Department of Special Education.

As far as a 504 Plan is concerned, the SAT is the appropriate team to determine whether or not the student is eligible. If it is determined that the student is eligible upon review of all evaluation data, then a 504 Plan can and should be developed.