ProceduresManual

Office of Special Services

Lauderdale County School District

June 2016

TABLE OF CONTENTSSECTION

1MDE OSE PROCEDURES, VOLUME I 5

CHILD FIND 8

EVALUATION & ELIGIBILITY 20

LAUDERDALE COUNTY PROCEDURES 67

PRESCHOOL & KINDERGARTEN EVALUATION PROCEDURES 68

MASS SCREENING PROCEDURES 69

SURROGATE PARENT PROCEDURES 70

REEVALUATION PROCEDURES 71

APPENDICES 72

Top 11 Highlights for Child FindMDE Child Find to IEP FlowchartLCSD Child Find Information SheetLCSD Child Find RequestLCSD MET Documentation Form

Top 22 Highlights for Evaluation and EligibilityMDE Hearing/Vision Screening ReportLCSD Report of Physical Observation (ROPO)MDE Developmental History (Ages 3 to 9)MDE Developmental History (Ages 10 to 21)MDE Teacher Narrative LCSD Classroom ObservationLCSD Environmental/Cultural Differences and Economic Disadvantage AssessmentLCSD Eligibility Determination ChecklistsLCSD Eligibility Determination Report LCSD FERPA Waiver and Student Information Release AuthorizationLCSD Notice Of Waiver to Receive Copy of Eligibility ReportLCSD In-School Initial Comprehensive Evaluation ProceduresLCSD Reevaluation Documentation SheetLCSD Reevaluation Documentation Add/Remove Related Services Only

SECTION 2

MDE OSE PROCEDURES, VOLUME II 73

FREE AND APPROPRIATE PUBLIC EDUCATION (FAPE) 75

INDIVIDUALIZED EDUCATION PROGRAM (IEP) 86 LEAST RESTRICTIVE ENVIRONMENT (LRE) 109

EXTENDED SCHOOL YEAR SERVICES (ESY) 117

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APPENDICES 128

Top 10 Highlights for Free Appropriate Public Education

Top 12 Highlights for Individualized Education ProgramLCSD Excusal of IEP Committee MemberLCSD IEP Amendment FormLCSD Educational Benefit ChecklistsLCSD Assistive Technology ReviewLCSD Communication ConsiderationsMDE SCD Determination Guidance DocumentLCSD Comparable Services for Transfer StudentsLCSD IEP Monitoring Form

Top 8 Highlights for Least Restrictive EnvironmentLCSD Examples of Supplementary Aids and ServicesLCSD Least Restrictive Environment SurveyLCSD Continuum of Education Options Review

Top 10 Highlights for Extended School Year Services (ESY)LCSD Extended School Year Services Fact SheetMDE Regression-Recoupment Determination FormMDE Determination of Critical ObjectivesMDE Critical Point of Instruction Determination FormMDE Extenuating Circumstances Documentation Form

SECTION 3

MDE OSE PROCEDURES, VOLUME III 129

PROCEDURAL SAFEGUARDS 131

DISPUTE RESOLUTION 143CONFIDENTIALITY 159

APPENDICES 166

Top 19 Highlights for Procedural SafeguardsMDE Required Parental Communication ChartLCSD Notice of Invitation to Committee Meeting and Repose FormLCSD Student Invitation Response FormsLCSD Prior Written NoticeLCSD Informed Parental Consent for EvaluationLCSD Refusal/Revocation of Consent for Special Education ServicesLCSD Student Information Revision Form

Top 20 Highlights for Dispute Resolution

SECTION 4

MDE OSE PROCEDURES, VOLUME IV 167

DISCIPLINE 168

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APPENDICES 185

Top 10 Highlights for DisciplineLCSD Discipline Procedures ChartLCSD Discipline Flow ChartsLCSD ABC Recording ChartLCSD Deno Observation System FormLCSD Structured Time Sampling Observation FormLCSD Record Review Guide for TSP/FBALCSD Targeted Support PlanLCSD Functional Behavioral AssessmentLCSD Behavior Intervention PlanLCSD Manifestation Determination

SECTION 5

MDE OSE PROCEDURES, VOLUME V 186

SECONDARY TRANSITION 187

LAUDERDALE COUNTY PROCEDURES 227

PARTICIPATION BY STUDENT 228

SUMMARY OF PERFORMANCE 228

POST SECONDARY DATA COLLECTION 228

APPENDICES 230

Top 10 Highlights for Secondary TransitionLCSD List of Coordinated Transition ServicesLCSD Exiting OptionsLCSD Summary of PerformanceLCSD Transition Portfolio ChecklistLCSD Parent Transition SurveysLCSD Student Transition SurveysMDRS (VR) Referral Forms

SECTION6

LAUDERDALE COUNTY EARLY CHILDHOOD TRANSITION PROCEDURES 231EARLY CHILDHOOD TRANSITION 232

APPENDICES 233MDE Pre-K to Kindergarten Transition PlanMDE Transition to Kindergarten Folder ChecklistLCSD Transition to Kindergarten Child Information SheetMS Early Learning Guidelines for Infant and ToddlersMDE MS Early Learning Standards for Three-Year-OldsMDE MS Early Learning standards for Four-Year-Olds

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. Mississippi Department of EducationOffice of Special Education

PROCEDURES FOR STATE BOARD POLICY

7219

VOLUME IChild Find

Evaluation and Eligibility

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Mississippi Board of Education

Dr. John R. Kelly, ChairMr. Richard Morrison, Vice-Chair

Dr. O. Wayne GannMrs. Kami Bumgarner

Mr. William Harold JonesMr. Charles McClelland

Mrs. Rosemary G. AultmanDr. Karen J. Elam

Mr. Johnny Franklin

State Superintendent of Education

Dr. Carey M. Wright

Chief Academic Officer

Dr. Kim S. Benton

State Director of Special Education

Mrs. Gretchen Cagle

AcknowledgementsThe Mississippi Department of Education Office of Special Education would like to acknowledge the

input of the following people in the development of this document: Ann Moore, Former State Director of Special Education

Writing Team

Stacy CallenderMarie Catherine

Jones

Desma McElveen

Editing TeamTanya Bradley Mona Spells Adou Keisha DixonSusan Davis M. April Rice Armerita TellValecia Davis M. Pleshette Smith Shannon B. BoyceSharon Coon Teresa Laney Raymond Reeves

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Review TeamThe Special Education Director’s Workgroup

The Special Education Professional Development CoordinatorsThe Child Find Task Force

Using this Document

This multi-volume document Procedures for State Board Policy 7219 is intended to assist Public Agencies in the implementation of the State Board of Education Policy 7219: State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 (IDEA 2004). This document contains information about the requirements of IDEA and State Board Policy 7219, recommendations from the Mississippi Department of Education’s Office of Special Education’s Division of Instructional Support, and guidance on Best Practices as determined by research and professional practice. Specific directives or requirements of IDEA and/or State Board Policy 7219 will include must or may not in the statement. Other recommendations and guidance on Best Practices will include should or may in the statements. In addition, all days listed in the document refer to calendar days, unless otherwise noted. The forms in the Procedures documents are not required forms. These forms are suggested or recommended forms designed to assist districts in having the appropriate documentation to use in implementing the requirements of State Board Policy 7219. The only required forms in the Procedures documents are The Individual Education Program (IEP) and the Extended School Year (ESY) Fact Sheet. A Public Agency may modify these forms or use their own forms as long as they meet the requirements of State Board Policy 7219.

For additional information or clarification, please contact:

Mississippi Department of EducationOffice of Special Education

Division of Instructional SupportPost Office Box 771

Jackson, MS 39205-0771(601) 359-3498

© 2015 Mississippi Department of Education (MDE)

Permission is granted to reproduce this document or any portion thereof for noncommercial educational purposes. No monetary charge can be assessed for the reproduction of this document or any portion thereof; however, a reasonable charge to cover the reproduction costs may be assessed.

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CHILD FIND

Public Agency in this document refers to agencies responsible for providing education to children with disabilities, including the Mississippi Department of Education (MDE), Local Education Agencies (LEAs), Educational Service Agencies (ESAs), State Schools, State Agency schools, and nonprofit public charter schools that are not a part of an LEA or ESA.

For the purpose of this document, the Local Education Agency is the LAUDERDALE COUNTY SCHOOL DISTRICT (LCSD).

Child Find Responsibilities

Each public agency is responsible for identifying, locating, and evaluating all children with disabilities from birth through twenty-one (21) years of age.

This requirement applies to, but is not limited to: Highly mobile children, such as migrant and homeless children; Children who are not enrolled in school but who have not yet graduated; Children who are wards of the State; Children with disabilities who are enrolled by their parents in private or parochial elementary and

secondary schools; Children who are enrolled in public educational programs, such as Head Start; Children who are suspected of having a disability and may be in need of special education, even

though they are advancing from grade to grade; and Children who are ages birth to three (3), including those receiving Part C services through the

Mississippi State Department of Health (MSDH) Early Intervention Programs (EIP), known as First Steps.

Collaboration with other agencies and personnel may include: Mississippi Department of Human Services and Local Offices; Mississippi Department of Mental Health and Regional Community Mental Health Centers; Mississippi State and Local Departments of Health, including their EIPs (First Steps); Mississippi Department of Corrections; State and Local Juvenile Detention Centers; Mississippi Schools for the Deaf and for the Blind; Mississippi School for Math and Science; Mississippi School of the Arts; Head Start agencies; University-based programs; Physicians, nurse practitioners and other primary healthcare providers; and Private and parochial schoolsChild Find Coordinator and Child Find Contacts

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Each public agency should designate an agency/district-level Child Find Coordinator who is responsible for coordinating all Child Find activities. If appropriate, the public agency may also designate local/school-level Child Find Contacts who are responsible for receiving information concerning any child suspected of having a disability and for communicating this information to the Agency/District Child Find Coordinator. All verbal or written requests made by a parent, teacher, Teacher Support Team (TST), or public agency should be given to the Local/School Child Find Contact (or Agency/District Child Find Coordinator if there is no Local/School Child Find Contact). The Local/School Child Find Contact should inform both the Agency/District Child Find Coordinator and the school-level Multidisciplinary Evaluation Team (MET) any time there is a child from birth through twenty-one (21) years of age suspected of having a disability. The Child Find Request, or a similar form, may be used to document any requests received.

NOTE: The public agency’s Child Find policies should include procedures for documenting verbal requests as well as a process for handling any requests when school is not in session.

Annual Child Find Publicity Campaign

The Agency/District Child Find Coordinator is responsible for conducting an annual Child Find publicity campaign to identify, locate, and evaluate all children residing in the jurisdiction of the agency/district who are suspected of having a disability and may be in need of special education and related services. A child is considered to be residing in an agency/district if: The child physically resides full time, weekdays/nights and weekends, at a place of abode located

within the limits of a district (see State Board Policy 6600: Residency Verification); The child resides with a resident of the district who meets the definition of parent in the Individuals

with Disabilities Education Act (IDEA) and State Board of Education policies; The child physically resides in the district as a result of placement by court order or by a State

agency and the child is a ward of the State; and/or The child is legally transferred to the agency/district as prescribed in State law and State Board of

Education policies and procedures.

The Child Find publicity campaign MUST be conducted at least once each school year involving personal AND written contacts with appropriate agencies and using outreach materials, such as letters, brochures, and news articles, and Child Find notifications, which may include the use of electronic media such as websites and other social media. Documentation of the annual Child Find publicity campaign must be maintained on file in the district or at the agency. All written contact documents, outreach materials, and Child Find notifications must include: The Child Find Coordinator’s name and contact information; Information about the agency/district’s responsibilities and Child Find timelines; Information about characteristics of children who may be in need of special education and related

services; and A statement that Child Find applies to children from birth through twenty-one (21) years of age.

Interagency Collaboration9

Collaboration with State Schools

State schools are jointly responsible with school districts to ensure appropriate Child Find procedures are implemented for children served by that school. Each State school may designate an Agency Child Find Coordinator who receives information concerning children who may have a disability and communicates the information to the District Child Find Coordinator of the district of residence. The child’s district of residence will collaborate with the State school personnel in the evaluation and eligibility process. This may include, but not be limited to, provision of educational records as well as other pertinent information or data and will assist in determining the educational needs of the child. Evaluations will be conducted in accordance with State policies. See List of State Schools.

Collaboration with Correctional Facilities

Juvenile Detention Centers are responsible for collaborating with the assigned sponsoring school district to identify, locate, and evaluate children suspected of having a disability. The child’s district of residence will collaborate in the process by providing the child’s educational record in a timely manner. See Sponsoring School Districts for Juvenile Detention Centers.

State juvenile correctional facilities operated by the Mississippi Department of Human Services (MDHS) are responsible for identifying, locating, and evaluating children suspected of having a disability. The child’s district of residence will collaborate with MDHS in the evaluation process by providing the child’s educational records and will assist in determining the educational needs of the child.

State adult correctional facilities are responsible for identifying, locating, and evaluating all children suspected of having a disability who are seventeen (17) years of age or younger. Youth ages eighteen (18) through twenty-one (21) years are included in Child Find activities only if they had been previously identified as having a disability. The child/youth’s school district of residence or previous school district of residence, if the child left school prior to incarceration, will collaborate with Mississippi Department of Corrections (MDOC) personnel in the evaluation process by providing the child/youth’s educational records. MDOC must make reasonable efforts to obtain and review the child/youth’s educational records to determine if the child/youth had been previously identified as having a disability and if an Individualized Education Program (IEP) had been developed in their last educational placement.

NOTE: If a youth with an out-of-state eligibility ruling enters a State adult correctional facility, the facility is responsible for providing an initial evaluation using Mississippi eligibility criteria. In these cases, the facility would be responsible for providing reevaluations, special education, and related services for any youth who enters the facility with an existing eligibility ruling.

Collaboration with MSDH Early Intervention Programs (First Steps)

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Under IDEA, both the lead agency for Part C services (i.e., MSDH) and the lead agency for Part B services (i.e., MDE) have shared responsibilities for Child Find. The MDE and MSDH have specified their shared responsibilities in an Interagency Agreement (IA) outlining how they will work collaboratively to ensure compliance with (a) Child Find responsibilities including the identification, location, and evaluation of children eligible for early intervention and/or special education services, (b) early childhood transition, (c) provision of services according to the IDEA, (d) the Family Educational Rights and Privacy Act (FERPA), and (e) the Federal reporting requirements of these Acts. The MSDH-MDE IA also describes the procedures for collaboration between the Mississippi EIPs known as First Steps and local school districts.

For any infant or toddler from birth to forty-five (45) calendar days prior to the child’s third birthday (i.e., 34.5 months) who has been identified through Child Find activities or for whom a request for an evaluation has been received, the local school district must notify the MSDH EIP Central Referral Unit within seven (7) calendar days after the identification or receipt of the request. The local school district and First Steps EIP should collaborate to ensure that the child is evaluated and served, if appropriate.

For each preschool child referred to the MSDH or local First Steps EIP who is fewer than forty-five (45) calendar days before the child’s third birthday (i.e., older than 34.5 months) who has been identified through Child Find activities or for whom a request for an evaluation has been received, the MSDH must notify the MDE and the local school district of residence after securing written parental consent to release personally identifiable information (i.e., the child’s name, the child’s date of birth, the parent’s name, and the parent’s contact information) as required in IDEA. First Steps will not conduct an evaluation or develop an Individualized Family Service Plan (IFSP) for these children.

Local First Steps EIPs must notify the local school district of residence of children they serve who meet the definition of potentially eligible for Part B special education and related services (i.e., toddlers who are twenty-seven (27) months of age or older with an active status in First Steps and an implemented IFSP). The assigned First Steps Service Coordinator must notify the Special Education Director of the school district of residence in writing using a Child Find letter. This written notification will contain the: (a) child’s name, (b) child’s date of birth, (c) parent’s name and contact information, and (d) Service Coordinator’s name and contact information. In addition, the MSDH EIP Central Office must provide an electronic notification of the same information to the MDE to enter into the Mississippi Student Information System (MSIS).

If a child is referred to a local First Steps EIP between twenty-seven (27) and thirty-four-and-one-half (34.5) months of age, the assigned Service Coordinator must send written notification to the Special Education Director of the child’s district of residence within ten (10) business days* of determining eligibility for Part C early intervention services—not waiting until an IFSP has been implemented—to ensure timely notification and response by the local school district. In addition, the MSDH EIP Central Office must provide an electronic notification of the same information to the MDE to enter into the

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MSIS.

It is recommended that a local interagency agreement between local school districts and local First Steps EIPs be developed to (a) designate the responsibilities of each agency, (b) define referral procedures, (c) support the use of joint evaluations, and (d) maximize resources.

*The procedures governing sharing information from Part C to Part B are contained within MSDH Part C Policies and Procedures and the MDE-MSDH Interagency Agreement, including the definition of ten (10) business days.

Collaboration with Head Start

Personnel from Head Start are responsible for screening and referring children suspected of having a disability to the child’s district of residence per Head Start procedures. The Head Start should provide relevant information concerning the child’s suspected disability and participate in the evaluation, should one be conducted. The child’s district of residence is responsible for Child Find requirements including the identification and evaluation of the child. It is recommended that a local interagency agreement between local school districts and the Head Start agencies serving children in their jurisdiction be developed to (a) designate the responsibilities of each agency, (b) define referral procedures, and (c) maximize resources.

Collaboration with University-Based Programs

University-Based Programs are not responsible for Child Find and must refer any child suspected of having a disability to the appropriate Child Find agency. For children ages birth through forty-five (45) calendar days before their third birthday (i.e., thirty-four and a half (34.5) months), the appropriate Child Find agency is the MSDH First Steps EIP. For children older than thirty-four and a half (34.5) months, the appropriate Child Find agency is the school district of residence.

Collaboration with Private Facilities with DHS or Court Placement

When children with suspected disabilities who are wards of the State are placed in a private residential facility with a school, the LEA in which the private facility is located must be responsible for Child Find activities. The LEA must work with the private facility or school as well as a surrogate parent appointed by LEA, unless the judge overseeing the court ordered placement appointed one.

Collaboration with Private Facilities with Parental Placement

When children with suspected disabilities who are wards of the State are placed in a private residential facility with a school, the LEA in which the private facility is located must be responsible for Child Find activities. The LEA must work with the private facility or school as well as a surrogate parent appointed by the LEA, unless the judge overseeing the court ordered placement appoints one.

Participation of Private or Parochial School Children in Child Find12

Each local school district, or Lauderdale County School District (LCSD), must identify, locate, and evaluate all children suspected of having a disability who have been enrolled by their parents in private or parochial elementary and secondary schools located within the district. Child Find activities for these children must be similar to those undertaken for public school children, including the identification and evaluation of these children, and must ensure the equitable participation of parentally-placed school children. The Child Find process must be completed in a time period comparable to that for children attending public schools in the LEA. An accurate count of these children must be maintained by the LEA which includes the number of private and parochial school children evaluated, the number determined to be children with disabilities, and the number of children served. The cost of carrying out these Child Find requirements, including individual evaluations, may not be considered in determining if the LEA has met its obligations.

In cases where a child resides in one district but attends a private or parochial school located in the jurisdiction of another school district, the district where the private or parochial school is located is responsible for Child Find, including conducting an initial evaluation, if appropriate. If the child is eligible, the LEA where the private or parochial school is located may develop and implement a Service Plan, if the child has been designated to receive services. The child’s district of residence also has responsibility for Child Find activities for this child; however, this district is encouraged to collaborate with the district where the private or parochial school is located to ensure the Child Find process is completed and to share educational records including evaluations, with parental consent, to be able to offer to provide a Free Appropriate Public Education (FAPE) for eligible children were they to enroll in the district of residence.

In cases where a parentally-placed private or parochial school child resides in a state other than the state in which the private or parochial school is located, the child must be included in the Child Find process of the LEA where the school is located. The child’s district of residence is encouraged to collaborate with the district where the private or parochial school is located to ensure the Child Find process is completed and to be able to offer to provide a FAPE for eligible children were they to enroll in the district of residence.

NOTE: Private and parochial preschool programs and facilities do not meet the State definition of “schools” and are therefore not considered a private or parochial school. In these cases, the district of residence is responsible for Child Find and for the provision of a FAPE. The LEA where these preschool programs are located is not responsible for Child Find for children who reside in another district.

Child Find Requests and Referral Procedures

Each public agency must have Child Find policies and procedures for responding to requests and/or concerns from schools, parents, public agencies and other individuals knowledgeable about the child to ensure that no child is “lost” in the Child Find process from the initial request through the evaluation process. A request for an evaluation may be made by any source who:

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Has knowledge of or interest in a child ages birth through twenty-one (21) years, including but not limited to parents, teachers, and Teacher Support Team (TST) members, or representatives of other public agencies; and

Suspects that child may have a disability.

Public agencies must ensure that requests for initial evaluations and responses to such requests are not limited by the number per year or the time of year requests are received.

When a written or verbal request for an initial evaluation is made, a Multidisciplinary Evaluation Team (MET) composed of the parent, the child (if appropriate), and qualified professionals must be convened within fourteen (14) calendar days to review the request including all pertinent existing documentation. The public agency must invite the parent to participate; however, if the parent is unable to attend, the MET team must proceed. The MET should also include a MET Chairperson who can allocate school resources for the evaluation and, if necessary, resolve disagreements in eligibility determination decisions. Day one is the day the parent, teacher, Teacher Support Team (TST) member or representative of another public agency makes the request to the LEA.

The appropriate composition of the MET including the selection of qualified professionals will depend on the concerns included in the initial request. See Evaluation and Eligibility, MET Membership for more information. Consideration should be given to the Special Education Eligibility Determination Guidelines which specify the qualified professionals required for each disability category in assembling the initial MET; however, as a child’s disability must not be pre-determined, the composition of the MET must be flexible to change over time as needed for conducting specific evaluations, assessments, observations and procedures necessary for determining the eligibility and the educational needs of the child.

The MET has the sole responsibility for deciding whether or not to evaluate a child. See Evaluation and Eligibility, Section 2: Determining the Need for an Initial Evaluation for more information. If the MET determines that the need for an evaluation is substantiated, Prior Written Notice, Informed Parental Consent, and Procedural Safeguards: Your Family’s Special Education Rights must be given to the parent within seven (7) calendar days of the meeting. In these cases, the MET must obtain informed written consent from the parent before it can proceed with an initial evaluation (i.e., no individual assessments may be conducted prior to obtaining this consent). If the MET determines that the need for an Initial Evaluation is not substantiated at this time, Prior Written Notice and Procedural Safeguards: Your Family’s Special Education Rights must be given to the parent within seven (7) calendar days of the meeting. In these cases, the MET may refer the child to the TST for focused supplemental instruction or intensive interventions using the Three Tier Instructional Model to promote the child’s success in the general education curriculum. The MET Documentation Form, or a similar form, may be used to document MET meetings and decisions.

NOTE: It is critical to remember that the Three Tier instructional model adopted by the State Board of Education, which is based on a Response to Intervention (RTI) process, provides a school-wide approach to address the needs of all children in the general education setting. It does not constitute

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the provision of special education services. Under the provisions of Child Find, it is required to identify, locate, and evaluate all children suspected of having a disability in a timely manner and to ensure that no procedures or practices, including Response to Intervention (RTI) procedures or practices, result in delaying or denying this process. All public agencies including the MDE have an obligation to ensure timely evaluations of children suspected of having a disability whether or not the child has participated in the Three Tier instructional model prior to an evaluation. Therefore, if a child suspected of having a disability is identified through Child Find procedures or a request for evaluation is made by a parent, guardian, representative of a public agency or others acting on behalf of a child, the public agency may not delay or deny the evaluation on the basis that the child has not participated in an RTI process as stated in the OSEP 11-07 Letter from Musgrove (located online at https://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/osep11-07rtimemo.pdf).

Consent to Evaluate for Children Who Are Wards of the State

Public agencies are not required to obtain Informed Parental Consent from a biological or adoptive parent to conduct an evaluation of a child who is a ward of the State and who does not reside with a biological or adoptive parent under the following conditions: The public agency cannot locate the biological/adoptive parent despite reasonable efforts; or The rights of the biological/adoptive parent have been terminated in accordance with State law; or The rights of the biological/adoptive parent to make educational decisions have been subrogated

by a judge and the judge has appointed an individual to represent the child (i.e., a surrogate parent).

In these cases, consent to conduct an initial evaluation must be obtained from one of the persons listed below, in the following order: A foster parent, unless State law, regulations, or contractual obligations with a State or local entity

prohibit a foster parent from acting as a parent; A guardian generally authorized to act as the child’s parent, or authorized to make educational

decisions for the child; An individual acting in the place of a biological or adoptive parent (including a grandparent,

stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child’s welfare; or

A surrogate parent who has been appointed.

NOTE: If a child is a ward of the State, the State cannot be considered the “parent” of the child for educational decision-making purposes. Any public agency service provider or case manager for a child or any family member of that child may not act as the “parent” for the child. Instead, a surrogate parent must be appointed to make educational decisions for the child.

Parent Refusal for Consent to Evaluate

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If the parent of a child either does not provide consent for an initial evaluation or fails to respond to a requested consent, the public agency may, but is not required, to pursue the evaluation by using means available per the procedural safeguards, i.e., mediation or due process procedures. However the public agency would not be considered in violation of its obligation for Child Find if it declines to pursue the evaluation under these circumstances.

NOTE: For homeschooled or parentally-placed private or parochial school children, the public agency may not pursue the evaluation by using mediation or due process procedures to override the parent refusal to evaluate.

REGULATORY REFERENCE§§300.111; 300.300; 300.301

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Public and Private Facilities

State Agency Schools County/Regional Detention Centers Private Facilities

MS School for the Blind

MS School for the Deaf

MS School for the Arts

MS School for Mathematics and Science

Alcorn County Regional Correctional Facility

Bolivar County Correctional Facility

Carroll-Montgomery County/Regional

Correctional Facility

Chickasaw County RCF

Holmes-Humphreys County/Regional

Correctional Facility

Issaquena County Correctional Facility

Jefferson-Franklin County/Regional

Correctional Facility

Kemper-Neshoba County/Regional

Correctional Facility

Leake County Correctional Facility

Marion-Walthall County/Regional

Correctional Facility

Winston-Choctaw County/Regional

Correctional Facility

Millcreek Rehabilitation Centers

CARES

Diamond Grove

Park Academy/Olive Branch

Sand Hill Academy

Gulf Oaks Therapeutic Day School

New Learning Resources

Magnolia Speech School

Crossroads School/The Crossing

University Based Schools

USM The Children’s Center for Communication and

Development

USM Dubard Language School

USM Autism Demonstration

MSU T.K. Martin Center

UMC Children’s Hospital

State Adult Correctional Facilities Juvenile Detention Centers State Facilities

Central Mississippi Correctional Facility

 Mississippi State Penitentiary (Parchman)

 South Mississippi Correctional Institution

Adams County Juvenile Detention Center

Alcorn County Juvenile Detention Center

Desoto County Juvenile Detention Center

Forrest County Juvenile Detention Center

Harrison County Juvenile Detention Center

Hinds County Juvenile Detention Center

Jackson County Juvenile Detention Center

Jones County Juvenile Detention Center

Lee County Juvenile Detention Center

Leflore County Juvenile Detention Center

Lowndes County Juvenile Detention Center

Rankin County Juvenile Detention Center

Warren County Juvenile Detention Center

Washington County Juvenile Detention Center

Yazoo County Juvenile Detention Center

Hudspeth

Ellisville State School

MS Adolescent Center

Magnolia Grove School

East MS State Hospital

MS State Hospital

North MS Regional Center

South MS Regional Center

Lakeside School

Roger Amos McMurtry School / Specialized Treatment Facility

State Juvenile Correctional Facilities

The Youth Offender Unit

Walnut Grove

Williams School

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Sponsoring School Districts for Local Juvenile Detention Centers

Local Juvenile Detention Centers Sponsoring School Districts

Adams County Juvenile Detention Center Natchez-Adams School District

Alcorn County Juvenile Detention Center Corinth School District

DeSoto County Juvenile Detention Center DeSoto County School District

Forrest County Juvenile Detention Center Hattiesburg School District

Harrison County Juvenile Detention Center Biloxi Public School District

Hinds County Juvenile Detention Center Jackson Public School District

Jackson County Juvenile Detention Center Pascagoula-Gautier School District

Jones County Juvenile Detention Center Laurel School District

Lee County Juvenile Detention Center Lee County School District

Leflore County Juvenile Detention Center Leflore County School District

Lowndes County Juvenile Detention Center Columbus Municipal School District

Rankin County Juvenile Detention Center Rankin County School District

Warren County Juvenile Detention Center Vicksburg-Warren School District

Washington County Juvenile Detention Center

Greenville Public School District

Yazoo County Juvenile Detention Center Yazoo County School District

Child Find states all children with disabilities residing in Mississippi, including children with disabilities who are homeless children or are wards of the State, and children with disabilities attending private schools, regardless of the severity of their disabilities, and who are in need of special education and related services are identified, located, and evaluated.IEP is a written plan for individualized services and supports for a child with a disability.

An Individualized Education Program (IEP) is developed.

The MET determines an evaluation is unnecessary. Give parent Prior Written Notice with justification and Procedural Safeguards Notice.

EvaluateThe MET determines an evaluation is necessary.

Give parent Prior Written Notice, Informed Parent Consent, and Procedural Safeguards Notice.

Child is determined eligible for special education services. Prior Written Notice is required.

Child is determined ineligible for special education services. Prior Written Notice is required.

Identify and LocatePublic agencies must identify and locate children suspected of having disabilities through public awareness campaigns and must receive Child Find requests.

A Multidisciplinary Evaluation Team (MET) must consider if a comprehensive evaluation is necessary.

Once a verbal or written request is made to the LEA, the MET must convene within 14 days to review the existing documentation. The initial evaluation must be completed within 60 days of receiving parental consent for the evaluation. The only exemptions to the timeline are if the child moves during the process, if the parent fails to make the child available for testing, and if the parent and public agency agree in writing to extend the timeline for evaluation of a child suspected of having a Specific Learning Disability when using a Response to Intervention process but the data are not clear after 60 days.The IEP is developed within 30 days of the determination of eligibility. The IEP must be implemented immediately without delay.

Timeline

Child Find to IEP Flowchart

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EVALUATION AND ELIGIBILITY

Public Agency in this document refers to agencies responsible for providing education to children with disabilities including the Mississippi Department of Education (MDE), Local Education Agencies (LEAs), Educational Service Agencies (ESAs), State Schools, State Agency schools, and nonprofit public charter schools that are not a part of an LEA or ESA.

For the purpose of this document, the Local Education Agency is theLAUDERDALE COUNTY SCHOOL DISTRICT (LCSD).

Evaluation and Eligibility Determinations

An evaluation is an individualized discovery process to determine if a child meets the eligibility criteria for special education and related services under the Individuals with Disabilities Education Act of 2004 (IDEA) and, if so, what are the child’s educational programming needs. Evaluations are conducted by a Multidisciplinary Evaluation Team (MET) consisting of multiple methods including reviewing existing records, interviewing important informants, observing the child in his/her environmental settings, and administering formal and informal assessments and measures. The results of an evaluation are summarized in a psycho educational report used by the MET to determine eligibility for special education and related services.

The Local education agencies (LEAs), State Board-governed schools, State adult and juvenile correctional facilities (see CF.C), and special State agency schools may make educational eligibility determinations. University-based programs, the 15 local juvenile detention centers, private school programs, private facilities, and Head Start centers may not determine eligibility; rather, they must work with the public agencies responsible for Child Find to determine eligibility for special education and related services. The following sections provide detailed information about procedures used by LEAs, State Board-governed schools, or special State agency schools regarding: the MET, the evaluation process, the eligibility determination process, and the re-evaluation process.

Multidisciplinary Evaluation Team (MET)

The public agency must assemble a MET to respond to requests for comprehensive evaluations for children identified through Child Find activities, referrals from Part C Early Intervention Programs (First Steps), and requests from parents, teachers, Teacher Support Teams (TST), and other individuals knowledgeable about the child. Each MET is responsible for: Determining if the child is in need of a comprehensive evaluation; Designing the comprehensive evaluation; and Determining if the child meets eligibility criteria for special education and related services.

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MET Membership

The MET must include input from parents and collect, analyze, and interpret information to make an informed decision about the eligibility of a child for special education and related services. Depending upon the requirements of the specific evaluation and the nature of the child’s suspected disability; many different people may be members of the MET. The MET must consist of the parents or guardians designated to make educational decisions for the child (unless they choose not to participate), qualified professionals from the list below who can administer individual diagnostic assessments and interpret the results, a general education teacher and/or care providers with direct knowledge of the child. It is recommended a MET Chairperson who can allocate school resources for the evaluation and resolve disagreements in eligibility determination decisions be included as needed.

Qualified professionals who are a part of the MET may include: Regular Education Teachers who have knowledge of the child, general curriculum, and Tiered

Intervention supports; Special Education Teachers who have knowledge of disabilities and educational programming

needs and who can conduct educational assessments; Speech-Language Pathologists who have knowledge of typical and atypical language and

speech development and impairments and who can conduct speech, language, fluency, and/or voice assessments;

Speech Therapists who have knowledge of typical and atypical speech development and impairments and who can conduct speech assessments;

School Psychologists who have knowledge of typical and atypical development, education, interventions, and disabilities and who can conduct cognitive, academic, adaptive, social-emotional, and behavioral assessments, interviews, and observations;

Psychometrists who have knowledge of human development and the administration of formal assessments and, depending upon their specialized training, who can conduct cognitive, academic, adaptive, social-emotional, and behavioral assessments, interviews, and observations;

School Health Nurses who have knowledge of physical development, health, and impairments and who can conduct health screenings and orofacial examinations;

School Counselors who have knowledge of typical and atypical social-emotional and occupational development and, depending upon their specialized training, who can conduct child and family interviews, educational/occupational assessments, and child observations;

School Social Workers who have knowledge of typical and atypical social functioning and family systems and who can conduct child and family interviews, adaptive assessments and environmental observations; or

Representatives of other agencies and/or additional examiners as needed, such as Audiologists, Physical Therapists, Physicians/Nurse Practitioners, Psychiatrists, Occupational Therapists, Ophthalmologist/Optometrists, or Rehabilitation Specialists.

Behavior Specialists who has knowledge of and provides specialized behavioral assessments and treatment interventions.

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NOTE: In the case of a preschool child who is not enrolled in a district preschool education program, a teacher qualified to teach children of that age or the child’s current direct care providers (e.g., Head Start teachers or private preschool providers), if applicable, should be invited to participate as a member of the MET.

MET membership must be configured based on the specific concerns of the referral. MET membership may change based on needs or concerns identified during the evaluation process. See Qualified Examiners and State Board Policy 7219, Special Education Eligibility Guidelines for additional information on the specific qualifications required for members of the MET. The MET Documentation For, or a similar form, may be used to document any MET meetings or decisions.

Determining the Need for an Initial Evaluation

When a parent, public agency representative, TST member, or other individual knowledgeable about the child makes a verbal or written request for an evaluation of a child, the public agency will assemble a MET to consider the request and determine the need for conducting a comprehensive evaluation. The public agency should have procedures for documenting verbal requests, as well as the process for handling any requests when school is not in session. The public agency must ensure that requests for evaluations and responses to those requests are not limited by the number per year or the time of year the requests are received.

The MET must meet within fourteen (14) days of receiving the request to consider the request and review any pertinent documentation and existing data. The public agency must invite the parent and others knowledgeable of the child to participate in the meeting. The MET may use the Meeting Invitation, or a similar form, to invite the parent to participate in the meeting. Parental consent is not required for the review of existing data (e.g., existing teacher or related service provider observations, ongoing classroom assessments, criterion-referenced tests that are used to determine child progress, administration of tests or other assessments that are administered to all children, or screening by teachers or specialists to determine appropriate instructional strategies for curriculum implementation) to determine the need for a comprehensive evaluation.

Based on this review, the MET will either determine: There is sufficient evidence to suspect that the child may have a disability; or There is insufficient evidence to suspect that the child may have a disability.

NOTE: The standard of “suspecting a child may have a disability” is an intentionally low threshold to ensure that all children who may—but not necessarily will—qualify for special education services are provided a comprehensive evaluation. The intention is to prevent under-identification, as well as over-identification, of children with disabilities who need special education and related services. The MET should not attempt to pre-determine whether or not a child will be eligible for special education before conducting a comprehensive evaluation.

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If the MET determines there is sufficient evidence to suspect that the child may have a disability and may be in need of special education services, the MET must: Give the Prior Written Notice, or a similar form, to the parent seven (7) calendar days prior to the

meeting to inform the parent the LEA is requesting an initial evaluation; and Give the Informed Parental Consent , or a similar form, to inform the parent of the evaluation

process and to secure written consent for the initial evaluation; and Give a copy of Procedural Safeguards: Your Family Special Education Rights to the parent.

If the MET determines there is insufficient evidence to suspect that the child may have a disability, the MET must: Give the Prior Written Notice, or a similar form, to the parent within seven (7) calendar days prior

to the meeting to inform the parent that the LEA is declining the request for an initial evaluation and the reasons for the decision; and

Give a copy of Procedural Safeguards: Your Family’s Special Education Rights to the parent with an explanation of the due process procedures that the parent may use to dispute the MET’s decision.

See Volume III: Procedural Safeguards and Dispute Resolution for more information on obtaining parental consent for evaluation and due process procedures for resolving disputes.

NOTE: Infants/toddlers receiving early intervention (First Steps) services who are transitioning from Part C to Part B services are entitled to receive a comprehensive evaluation per the MSDH-MDE Interagency Agreement; therefore, an initial MET meeting is not required. When these children reach twenty-seven (27) months of age, the district of residence will receive written notification from First Steps of children “potentially eligible for Part B services.” If the parent invites Part B personnel to participate in the transition meeting, this meeting can cover topics typically addressed in the initial MET meeting, such as informing the parents about Part B services, the evaluation and eligibility process, and, if consent is given, planning the evaluation.

Initial Comprehensive Evaluation

The purpose of an initial comprehensive evaluation is to assess a child’s academic, developmental, and functional skills, identifying any specific strengths and deficits to determine: If the child meets the criteria for one or more of the disabilities as defined by the Individuals with

Disabilities Education Act (IDEA) and State Board Policy 7219; and If the child needs special education and related services; and If so, what special education and related services are needed by the child?

During an initial comprehensive evaluation, the MET must assess broad areas of development, achievement, and functioning to identify all areas of concern with special emphasis given to areas related to the initial referral question(s) and to any areas of concern or deficit identified during the evaluation process, whether or not they are included in the original referral or commonly associated with the child’s disability. To conduct an appropriate evaluation, the MET must plan and conduct the

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evaluation process in accordance with Federal regulations and State Board policies and using best practices as dictated by research and professional standards. The MET must then interpret the results of the evaluation in reliable and valid ways to make meaningful decisions for the child.

Planning the Comprehensive Evaluation

To plan an initial comprehensive evaluation, the MET must first determine what existing information is available and relevant for decision-making, including: Information and evaluations provided by the parent; Classroom-based assessments, interventions and observations provided by the teacher(s); Developmental screeners/assessments and/or medical records; Hearing and/or vision screeners gathered through mass screening; Other educational records, including early intervention, childcare, preschool or Head Start records,

if applicable.

Based on this review of existing information, the MET will determine what existing records are current and what, if any, additional academic, functional, and developmental information are needed to determine eligibility and plan for programming. See Existing Records to determine if records are current.

When planning additional assessment for the evaluation, the MET must consider various approaches and data-collection techniques to be used including the: (a) collecting and reviewing of existing records, samples of the child’s work, and other relevant material; (b) conducting of interviews with important informants (e.g., parents and teachers), (c) conducting of observations of the child in his/her environmental settings (e.g., classrooms and playgrounds), and (d) administering of formal and informal norm-referenced and criterion-referenced academic, developmental and functional tests. The MET may use the Evaluation Plan, or a similar form, to develop a comprehensive evaluation plan to assess all areas of development using a variety of techniques. The MET must ensure the parent has the opportunity to provide meaningful input and to participate in decision-making as a member of the team. This plan may change during the course of the evaluation based on additional concerns that arise during the process. If so, Informed Parental Consent for any additional assessments not included in the initial consent must be obtained.

All materials and procedures used for assessment and placement should be selected and administered so as not to be racially or culturally discriminatory. This is to ensure that children are not misclassified, misplaced or unnecessarily labeled as having a disability due to the inappropriate selection, administration or interpretation of materials or procedures.

Other considerations in selecting assessment strategies and/or measures for conducting an initial evaluation include best professional research-based practices outlined below: The assessment materials and procedures must have been validated for the purposes for which

they will be used (i.e., they must have been validated for use in determining eligibility and programming for special education).

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If the child is an English Language Learner (ELL), assessments must be administered in the child’s native language, if available and appropriate, and the materials and procedures selected for assessing the child’s academic, developmental, and functional skills should not be impacted by the child’s lack of English proficiency.

If the child has a known sensory, motor, and/or language deficit(s), the materials and procedures selected for assessing the child’s other academic, developmental, and functional skills should not be impacted by the child’s identified deficit(s) except when determining the extent of the child’s sensory, motor, and language impairments. For example, if the child has a known expressive language impairment, the child’s cognitive abilities should not be assessed using materials and procedures that require the child to respond using language.

Conducting the Comprehensive Evaluation

The MET must conduct an individualized comprehensive evaluation in accordance with IDEA regulations and State Board Policy 7219 before the provision of any special education services.

General Provisions. To determine whether a child is eligible for special education services, the MET ensures the comprehensive evaluation gathers information that: Consistently supports the presence of a disability; and Indicates the need for special education and related services for the child to participate in the

general education curriculum or appropriate activities; and Identifies all of the child’s educational needs to be addressed in the IEP whether or not those

needs are typically linked to the disability category identified.

NOTE: If data appears to represent inconsistencies but the MET agrees that the preponderance of the data supports the presence of a disability and the need for special education and related services, the inconsistencies must be documented and explained in the evaluation report.

To be eligible for special education and related services, the MET must document an adverse educational impact (i.e., performance in academic, developmental, functional, social, behavioral, and vocational areas) due to the child’s disability. To do so, the MET must ensure the determinant factor for the adverse educational impact is not a result of: A lack of appropriate instruction in math or reading, including the essential components of reading

instruction as defined in the Elementary and Secondary Education Act (ESEA), i.e., phonemic awareness, phonics, vocabulary development, reading fluency, including oral reading skills, and reading comprehension strategies;

Limited proficiency in understanding and/or speaking English; or Social or cultural differences of the child.

Timelines. After securing informed written parental consent to conduct an evaluation, the MET has a maximum of sixty (60) calendar days in which to complete the evaluation, except for the following specific situations: The parent repeatedly fails or refuses to produce the child for evaluation.

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The child transfers to another public agency after the timeline has begun but before eligibility could be determined.

The MET is using ongoing progress monitoring data collected to determine the child’s Response to Intervention (RtI) as a method for identifying a Specific Learning Disability (SLD), the data do not clearly indicate the presence or absence of a disability at the end of the sixty (60) day time period, and the public agency and the parent mutually agree in writing to extend the time period.

Existing Records. Existing current data may be used as part of the evaluation process to determine the presence of a disability, a need for special education and related services, and the educational needs of a child. Data that falls outside of the following time frames are of historical value but are no longer valid for making decisions about eligibility or educational programming:

Definition of Current Types of Existing Records

No more than one (1) year old at the time the parent signs consent

Intelligence measures Hearing screening and follow-up evaluations Vision screening and follow-up evaluations Physical examinations

No more than six (6) months old at the time the parent signs consent

Teacher Narrative Achievement measures Social, behavioral, adaptive, and emotional measures Language/speech assessments Motor assessments Curriculum-based assessments

No more than three (3) months old at the time the parent signs consent

Developmental History Developmental instruments

Data Collection. Unless otherwise indicated, the MDE does not dictate which assessment methods or instruments to use. It is the responsibility of the MET to determine the appropriate methods and instruments necessary to obtain sufficient information to determine the presence of a disability, a need for special education and related services, and the educational needs of a child. The MET should carefully consider the administration of each assessment instrument and use what is necessary, as under-assessment may result in inconclusive data resulting in the MET’s inability to make decisions and over-assessment can lead to fatigue in the child resulting in inconsistent or uninterpretable data.

To complete the evaluation, the MET must gather information about the child using a variety of assessment tools and strategies, which must include, but are not limited to: The Teacher Narrative and/or Developmental History (Ages 3 to 9) or Developmental History

(Ages 10 to 21) Documentation of the child’s functioning in the home, classroom and/or in an early childhood

setting through interview, observation, assessment, or other means; Information contained in the child’s cumulative record, including results of Statewide assessments;

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Information about the child’s physical condition, including fine and gross motor skills, general physical condition, hearing, vision, and if necessary, orofacial examination;

Information about the child’s social, behavioral, emotional, and adaptive functioning; Information about pre-academic and/or academic performance; Information about how the child communicates; Indicators of cognitive abilities; Evaluations and other information provided by the parent; Evidence that the child has received appropriate instruction in reading and math (for

preschool/kindergarten children, information regarding early education experiences); Information about the impact of social and cultural background and limited English proficiency on

educational performance; For children age fourteen (14) and above, appropriate and ongoing assessment of the student’s

needs, preferences, and interests related to the demands of current and future working, educational, living, personal and social environments; and

For re-evaluations, information from IEPs.

NOTE: When significant emotional and/or behavioral issues have been identified as adversely impacting the educational process, a qualified professional must be a member of the MET when determining eligibility. This applies regardless of the eligibility category being considered for the child.

Medical and Mental Health Diagnoses. Some children may have a medical or mental health diagnosis available in their existing records. In most cases, a diagnosis from a psychologist, psychiatrist, nurse practitioner, physician or other health care professional using criteria from the Diagnostic and Statistical Manual of Mental Disorders (DSM) and/or International Statistical Classification of Diseases and Related Health Problems (ICD-9 or ICD-10 Codes) is neither required to determine special education eligibility nor is it sufficient, in the absence of other data, to determine eligibility for special education. When diagnostic or prescriptive information from a health care professional or psychologist is available to the public agency, the MET must consider the information when making an eligibility determination for special education. When a diagnosis, evaluation, or statement by qualified professionals is required to determine eligibility under a particular special education disability category, this requirement is listed as part of the eligibility criteria for that disability.

General Evaluation Procedures. The MET should conduct evaluations using the best professional and research-based practices. In addition, the MET must follow these procedures: Assessment measures must be administered by qualified personnel as specified in the

instructions and guidelines provided by the assessment author or publisher. No single assessment measure shall be used as the sole criterion for determining a disability and

for determining an appropriate educational program for a child. Assessment measures must be administered in the child’s native language, or other mode of

communication, unless it is clearly not feasible to do so.

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Nonstandard administrations of standardized assessments must be noted with descriptions of the extent to which they vary from standard conditions in the evaluation report. Caution must be used in interpreting these results.

Descriptions of and data from all assessments, including observations, used as a part of the comprehensive evaluation must be included in the written evaluation report.

Procedures for Special Assessments

Special Assessments for Communication

The MET must consider the communication needs of all children with a disability. If the MET suspects the child has special communication needs, the MET must assess the child’s methods of communication, demands, and opportunities for communication using a variety of methods across a variety of settings, and the skills and strategies necessary to meet those communicative demands and take advantage of communicative opportunities across settings. The MET must also assess how appropriately and effectively the child can communicate and what types and amount of support, if any, the child may need to communicate using a variety of methods across a variety of settings. See Special Assessments for Assistive Technology if the child’s need for an assistive technology device or service is being is assessed.

Special Assessments for Assistive Technology

An assistive technology device is any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a child with a disability. The term does not include a medical device that is surgically implanted, or the replacement of such device.

An assistive technology service is any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. The term includes: The evaluation of the assistive technology needs of the child, including a functional evaluation of

the child in his/her customary environment; Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by

the child; Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing

assistive technology devices; Coordinating and using other therapies, interventions, or services with assistive technology

devices such as those associated with existing education or rehabilitation plans and programs; Training and/or technical assistance for the child or his/her family, if appropriate; and Training and/or technical assistance for professionals (including individuals providing education or

rehabilitation services), employers, or other individuals who provide services to, employ, or are substantially involved in the major life functions of the child.

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The MET must consider the assistive technology needs of all children with a disability. If the MET suspects the child has a disability due to sensory or motor deficits, including a Hearing Impairment (HI), Deaf-Blind (DB), Visually Impaired (VI), Orthopedic Impairment (OI), Other Health Impairment (OHI), or Traumatic Brain Injury (TBI), or has a disability which may indicate a need for an alternate means of communication, including Autism (AU), Language/Speech Impairment (L/S), Intellectual Disability (ID), or other disability impacting communication, the MET must assess the child’s need for an assistive technology device or service to support mobility, communication, or other adaptive functioning in the child’s environment. In addition to areas of assessment described under Special Assessments for Communication, Special Assessments for Children who are Blind or Visually Impaired, and Special Assessments for Children who are Deaf or Hearing Impaired, the MET must assess the child’s methods of locomotion, the physical demands on the child across a variety of settings, and how appropriately and effectively the child can navigate around and engage with equipment and materials in his/her environment. The MET must also assess the skills and strategies the child needs to meet the physical demands across a variety of settings, and what types and amount of support and in which settings and/or situations the child needs support, if any, to increase, maintain, or improve his/her functional capabilities.

Special Assessments for Children who are Blind or Visually Impaired

If the MET suspects the child may be Visually Impaired (VI) or Deaf-Blind (DB), the child must have her/his vision evaluated by a qualified examiner, including, if appropriate, a functional vision assessment and clinical low vision assessment to determine (a) how the child uses vision in various activities in the natural environment and (b) any recommendations for devices, tools, and/or strategies to enhance vision. The MET must also determine the child’s (c) appropriate reading and writing media, including print, Braille, or both, and (d) any current or future need for instruction in Braille or the use of Braille or other reading and writing medium. See additional information in Special Assessments for Assistive Technology if the child’s need for an assistive technology device or service is being is assessed.

Special Assessments for Children who are Deaf or Hearing Impaired

If the MET suspects the child may have a Hearing Impairment (HI) or be Deaf-Blind (DB), the child must have his/her hearing evaluated by a qualified examiner and receive an assessment to determine his/her (a) language and communication mode, including oral and manual methods, and opportunities of direct communications with peers and professional personnel in the child’s language and communication mode, (b) need for any devices, tools, and/or strategies to facilitate communication such as an amplification system, (c) any current or future need for instruction in communication modes including the need for speech, language, and auditory training and/or instruction in sign language, and (d) need for additional accommodations such as favorable setting or captioning, services and supports such as interpretive and/or note-taking assistance, or modifications such as changes to classroom acoustics. See additional information in Special Assessments for Assistive Technology if the child’s need for an assistive technology device or service is being is assessed.

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Special Assessments for Behavior

If the MET suspects the child has significant behavioral concerns that impede his/her learning or the learning of others and requires an individualized Behavior Intervention Plan (BIP), a qualified examiner should conduct a Functional Behavioral Assessment (FBA) as a part of the comprehensive evaluation. An FBA is an assessment process that involves collecting data from a variety of sources, including interviews and direct observations, to develop descriptions of the child’s behavior in a variety of settings and conditions and to determine the function or purpose of the child’s behavior. An FBA must include the following components: A clear description(s) of problematic behavior; Identification of the antecedent events, times, and situations that predict when the problematic

behavior will and will not occur; Identification of the consequences of the problematic behavior; and Hypothesis and summary statements that describe the problem behavior and its functions.

If the child has previously had an FBA and BIP, the MET must review the FBA and BIP to ensure they are currently applicable and effective. If the child’s behavior(s) and the function(s) of the behavior(s) have not changed, the MET may determine the existing FBA is sufficient. If either the behavior(s) or the function(s) has appeared to change, the MET should update the FBA. In addition, if a review of the progress monitoring data collected to evaluate the BIP indicates the BIP is currently effective, the MET may determine the existing BIP is sufficient. If a review of the progress monitoring data indicates the current BIP is ineffective, the MET may determine the FBA must be updated to determine how to modify the BIP and/or may conduct additional assessments to determine the need for additional services, accommodations, modifications, and support(s) for personnel. See Volume IV: Discipline for more information about conducting FBAs and developing BIPs as well as suggested assessment and progress monitoring tools.

Special Assessments for Children with Limited English Proficiency

If the child is an English Language Learner (ELL), the MET must determine the dominant language(s) used in the child’s home, the child’s primary language of communication at home and in school, the cultural values and beliefs of the parents about education and language acquisition, and the child’s level of acculturation. The MET must also assess the child’s language needs, including the language demands and opportunities for skill development across various settings and/or situations and the types and amount of supports necessary to meet those demands and take advantage of those opportunities, to ensure that the child will be able to communicate and learn appropriately and effectively.

Special Assessments for Vocational, Occupational, and Secondary Transition Needs

State Board Policy 7219 requires each child ages fourteen (14) years or older, or earlier if determined appropriate by the MET or IEP Committee, to have measurable postsecondary goals related to education, employment, and, where appropriate, independent living skills as part of the child’s

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secondary transition plan. As these postsecondary goals must be based upon assessments, the MET must assess a child with a secondary transition plan using formal and informal age-appropriate assessments of the child’s needs, preferences, and interests in current and future employment, educational or training programs that support employment, and living in personal and social environments. See Volume V: Secondary Transition for more information about conducting transition assessments.

Procedures for Assessing Specific Areas of Development

An evaluation is an individualized discovery process. A comprehensive evaluation requires the examination of all areas of development using a variety of assessment methods and instruments including the assessment of the child’s: Physical functioning and development, including general physical condition, hearing and vision,

orofacial examination (if necessary), and gross/fine motor development and skills; Communication skills and development; Adaptive skills and development; Social/Emotional/Behavioral skills and development; and Academic/Cognitive skills and development, including visual and auditory perception,

achievement, and cognitive abilities.

During the comprehensive evaluation, special emphasis should be given to areas related to the initial referral question(s) and to any areas of concern or deficit identified during the evaluation process; however, the MET must not attempt to predetermine the disability category or limit assessments to those used to substantiate eligibility for one specific disability category. The types of assessment approaches used and the order in which assessments are conducted should be determined by best professional practices. In general, direct assessments of a child should occur in the following order: (1) physical assessments, including sensory assessments of hearing and vision; (2) communication assessments to determine how the child receives and conveys information; and (3) all remaining adaptive, behavioral, social-emotional, academic, and cognitive assessments. Sensory and communication assessments must be conducted before academic and cognitive assessments as the child’s sensory and communication abilities should be considered in the selection of appropriate academic and cognitive measures. The review and comparison of evaluations may result in members of the MET identifying discrepancies in sensory and communication abilities. In those instances, it is acceptable to revisit and if necessary, administer additional evaluations to explain/further explore these noted discrepancies. In these cases, a statement must be included to explain why evaluations were conducted or further explored out of the sequence noted above in this section.

See Qualified Examiners for more information about which specialists are required for conducting various assessments.

Physical Assessments

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As part of the comprehensive evaluation, the MET must assess the child’s general physical condition, sensory abilities (i.e., hearing and vision), and fine and gross motor skills and development to determine the presence or absence of any concerns. Physical assessments examine the child’s general health, strength, vitality, alertness, and sensory processing needed to function in a learning environment and perceptual motor function, object control, locomotor skills, and physical fitness needed to navigate a variety of school and community environments and to use equipment and materials effectively. The MET must also determine if there are any physical or sensory issues that will impact the selection or administration of assessments for other areas of development.

General Physical Condition. Existing medical records of physical examinations conducted by a licensed physician or nurse practitioner may be available. If any are provided by the parent, the MET must consider them; however, only current medical records or reports may be considered valid for making decisions about eligibility or educational programming. See Existing Records to determine if records are current.

If a child is suspected of having a disability affecting the child’s general physical condition, a qualified examiner, such as a licensed physician or nurse practitioner, must conduct a physical examination and submit a report that contains the information necessary to determine the child’s disability in accordance with the procedures outlined for each specific disability. The Report of Physical Observation, or similar report or statement completed by a physician or nurse practitioner, may be used as documentation.

Examinations are necessary for determining eligibility for a Developmental Delay (DD) - Diagnosed Disorder, Language/Speech Impairment – Voice (LS - Voice), Orthopedic Impairment (OI), Other Health Impairment (OHI)*, Traumatic Brain Injury (TBI), or other disability that may be primarily the result of a congenital physical problem, an acquired physical disability, or a diagnosed disorder of known etiology.

*NOTE: A physician’s report is not required to determine the presence of ADHD for eligibility under OHI unless the MET determines an examination is necessary.

Hearing and Vision. A hearing and vision screening and, if necessary, follow-up examinations must be conducted in accordance with the Appendix Hearing and Vision Guidelines. The results must be documented on the Hearing and Vision Screening Report or on a similar form that contains all the required components. If the child fails the school-based hearing screenings, an audiologist holding MDE licensure, State Board licensure, or American Speech and Hearing Association (ASHA) CCC audiological certification or a physician with expertise in conducting audiological evaluations with appropriate audiological equipment must conduct a follow-up examination. If the child fails the school-based vision screenings, a licensed ophthalmologist or optometrist must conduct a follow-up examination. The assessment must be discontinued until the follow-up results are obtained. Existing hearing and vision screenings or examination reports conducted by a qualified examiner provided by the parent may be used if they provide the required information and are current. Additional

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information about hearing and vision screenings and examinations is included in the Handbook for Speech-Language Pathologists in Mississippi Schools.

If the MET suspects the child may have a Hearing Impairment (HI) or be Deaf-Blind (DB), the child must have his/her hearing evaluated by a qualified examiner and receive an assessment to determine his/her language and communication needs, including the need for instruction in alternative modes of communication. If the MET suspects the child may be Visually Impaired (VI) or Deaf-Blind (DB), the child must have her/his vision evaluated by a qualified examiner and receive an assessment to determine appropriate reading and writing media, including the current or future need for instruction in Braille or the use of Braille. See Special Assessments for Children who are Blind or Visually Impaired and Special Assessments for Children who are Deaf or Hearing Impaired (p. 20) for more information on evaluating children with sensory deficits.

Orofacial Examination. If the MET suspects the child may have an articulation Language/ Speech Impairment, the child must have an orofacial examination conducted by a qualified examiner to determine if the orofacial mechanism is functioning appropriately. The examination must evaluate the following structures: facial symmetry, dentition, hard and soft palate, uvula, fauces, pharynx and tongue. Additional information about orofacial examinations is included in the Handbook for Speech-Language Pathologists in Mississippi Schools.

If the MET determines a follow-up medical examination is necessary, a licensed physician or dentist must conduct an examination to determine the cause of the child’s impairment and to provide a statement of adverse educational impact and recommendations, if any. The MET may use an existing medical report from a licensed physician or dentist provided by the parent in lieu of obtaining a new orofacial examination if the report includes the required information about the functioning of the orofacial mechanism and is considered current data according to procedures for Existing Records.

Gross and Fine Motor. The MET must assess the child’s gross and fine motor skills and development as part of the comprehensive evaluation. Assessment methods include conducting record reviews, observations, interviews, and/or criterion-referenced and norm-referenced assessments, as needed.

If the MET suspects the child has a disability that may impact the child’s gross and fine motor skills or development, a qualified examiner, such as a licensed physician, Occupational Therapist, or Physical Therapist, should be added as a member of the MET (if not included). The examiner should conduct observations, interviews, and/or criterion-/norm-referenced assessments, as necessary, to determine the presence of any deficits in motor skills and development and, if so, the child’s special educational needs. These assessments should examine the child’s learning environments to determine her/his ability to be mobile and engage with equipment and materials and the child’s physical ability to engage in self-care including feeding and hygiene, to use gross motor skills and visual-gross motor coordination functionally, and to use fine motor skills and visual-fine motor coordination functionally, as needed.

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Communication Assessments

As part of the comprehensive evaluation, the MET must assess the child’s speech and language skills and development and the child’s communication needs to determine the presence or absence of any concerns. Communication assessments examine the child’s ability to produce fluid and intelligible speech, to understand language, to use language to express thoughts, feelings, and needs, and to understand and use language in social and practical exchanges with other people. The MET must also determine if there are any communication issues that will impact the selection or administration of assessments for other areas of development.

Speech and Language. The MET must assess the child’s speech and language skills and development as part of the comprehensive evaluation. Assessment methods include conducting record reviews, observations, interviews, and/or criterion-referenced and norm-referenced assessments, as needed.

If the MET suspects the child has a disability that may impact the child’s articulation, a qualified examiner, such as a Speech-Language Therapist (216) or Speech-Language Pathologist (215), should be added as a member of the MET (if not included). The examiner should conduct observations, interviews, and/or criterion-/norm-referenced assessments, as necessary, to determine the presence of any deficits in speech skills and development and, if so, the child’s special educational needs. If the MET suspects the child has a disability that may impact the child’s voice or fluency of speech or language skills or development, a qualified examiner, such as a Speech-Language Pathologist (215), should be added as a member of the MET (if not included). The examiner should conduct observations, interviews, and/or criterion-/norm-referenced assessments, as necessary, to determine the presence of any deficits in speech and language skills and development and, if so, the child’s special educational needs. The areas that must be assessed and the types of instruments that may be used for evaluations are listed in the Handbook for Speech-Language Pathologists in Mississippi Schools.

Other Communication Needs. If the MET suspects the child has a disability affecting her/his communication abilities including a Hearing Impairment (HI), Autism (AU), Traumatic Brain Injury (TBI), Specific Learning Disability (SLD) in oral expression or listening comprehension, or Developmental Delay (DD) with a delay in communication, a qualified examiner should be added as a member of the MET (if not already included). The examiner must conduct observations, interviews, and/or criterion-/norm-referenced assessments, as necessary, to determine the presence of any deficits in communication skills and development and, if so, the child’s special educational needs including, if appropriate, the need of an alternate means of communication or assistive augmentative communication device, such as a speech generating device, communication board, or picture exchange communication system (PECS). See Special Assessments for Communication for more information.

Adaptive Assessments

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As part of the comprehensive evaluation, the MET must assess the child’s adaptive skills and behavior to determine the presence or absence of any concerns. Adaptive assessments examine the child’s practical, everyday skills needed to function in and meet the demands of his/her environment, including the skills s/he needs to take care of himself/herself independently and to interact with other people.

If the MET suspects the child has a disability that may impact the child’s adaptive functioning including an Intellectual Disability (ID), a qualified examiner must assess the child’s adaptive skills and behaviors using observations, interviews, and criterion-referenced and/or norm-referenced assessments to determine the presence of any deficits in adaptive functioning and, if so, the child’s special educational needs.

Social, Emotional, and Behavioral Assessments

As part of the comprehensive evaluation, the MET must assess the child’s social and emotional skills and development and behavior management to determine the presence or absence of any concerns. Social and emotional assessments examine the child’s ability to recognize and regulate his/her emotions to function in and meet the demands of his/her environment and the ability to develop and maintain social relationships with adults and peers. Behavioral assessments examine the child’s behaviors and ability to recognize and regulate her/his behavior to function in the learning environment including the ability to engage in responsible decision-making.

If the MET suspects the child may have a disability that may impact the child’s social or emotional skills or development, including Autism (AU), Traumatic Brain Injury (TBI), or Developmental Delay (DD) with a delay in social-emotional development, a qualified examiner, such as a School Psychologist, Board-Licensed Psychologist, Psychiatrist, or psychometrist (with specific training in the areas assessed) should be added as a member of the MET (if not already included). For a student with Emotional Disability (EmD), a School Psychologist, Board-Licensed Psychologist, or Psychiatrist must be a part of the MET. The examiner must determine the presence of any deficits in social or emotional skills and development and the child’s special educational needs, if any, using observations in important settings, particularly those in which the child may be experiencing social and/or emotional difficulties, interviews with the parents, teachers, other important caregivers, and child, if appropriate, criterion-referenced and/or norm-referenced assessments including rating scales as necessary and appropriate. To determine eligibility determination for EmD, a School Psychologist, Board-Licensed Psychologist, or Psychiatrist must review all of the assessment data and make a statement supporting the MET’s conclusion that the child has an Emotional Disability. Any existing records of medical or psychological evaluations conducted by a qualified examiner provided by the parent must be considered by the MET; if these records contain data considered current according to procedures for Existing Records, they may be used by the MET for making decisions about eligibility or educational programming.

If the MET suspects the child has any behavioral concerns that impede his/her learning or the learning of others, a qualified examiner must assess the child’s behavioral skills to determine the

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presence of any deficits in behavioral regulation and, if so, the child’s special educational needs using observations, interviews, and criterion-referenced and/or norm-referenced assessments. If the MET suspects the child requires an individualized Behavior Intervention Plan (BIP) to address any significant behavioral concerns, a qualified examiner should conduct a Functional Behavioral Assessment (FBA) as a part of the comprehensive evaluation. The FBA must be completed within the 60 day timeline. See Special Assessments for Behavior for more information.

Cognitive, Academic, and Educational Assessments

As part of the comprehensive evaluation, the MET must assess the child’s academic, educational, and cognitive skills and development to determine the presence or absence of any concerns. Academic and educational assessments examine the child’s ability to learn, recall, and use information and skills that have been taught through formal instruction such as language, reading, writing, mathematics, and other content subjects such as science and social studies. Cognitive assessments examine the child’s ability to perceive, recognize, recall, and use information to think, reason, and problem-solve using verbal and nonverbal contexts.

If the MET suspects the child has a disability that may impact the child’s academic, educational, and cognitive skills and development, including a Specific Learning Disability (SLD) or Intellectual Disability (ID), a qualified examiner such as a Psychometrist or School Psychologist should be added as a member of the MET (if not already included). The examiner must assess the child’s academic performance, general cognitive functioning, and the learning environment, as needed, using observations of the child and his/her learning environment, interviews with the parents, teachers, other important caregivers, and child, if appropriate, and criterion-referenced and/or norm-referenced assessments to determine the presence of any deficits in academic, educational, and cognitive skills and development and, if so, the child’s special educational needs. Additional interviews and observations must be conducted to assess the learning environment, such as teacher instructional strategies, curriculum demands, and environmental influences, to determine their impact on the child’s academic performance. For preschool children, the examiner must determine the child’s developmental or pre-academic readiness skills using observations, interviews, norm- and/or criterion-referenced developmental measures.

Although cognitive functioning must be considered as part of the comprehensive evaluation, an assessment of intelligence using a standardized measure is not required unless specified in the eligibility criteria (e.g., Intellectual Disability (ID)). If required, a qualified examiner such as a Psychometrist or School Psychologist must assess the child using a standardized norm-referenced measure of cognitive abilities selected and administered with consideration given to the child’s sensory and communication abilities.

If the MET suspects the child has a neurological impairment that impacts the child’s cognitive skills and/or development, a qualified examiner with specialized training and experience must assess the child’s perception and processing skills (e.g., auditory/visual perception and language processing) using criterion- and/or norm-referenced measures of these skills.

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Interpreting the Evaluation

To interpret the assessment data, the MET should consider information obtained from a variety of sources, including formal and informal assessments, parent input, teacher recommendations, medical and psychological reports, and observations of physical status, adaptive behavior, and social/emotional/behavioral skills, and considerations of social, cultural, linguistic, and economic background. The MET must ensure that all of the information obtained from these sources is documented and carefully considered in the decisions made for children.

Based on the review of information, the MET members must ensure the collected data are sufficient to determine the child’s present level(s) of academic achievement and functional performance and the child’s educational needs. The MET must also consider and explain any inconsistencies found in the data (e.g., different scores on rating scales administered with different informants). If these inconsistencies cannot be reasonably explained, additional assessment may be warranted for clarity. Inconsistencies and their resolution must also be explained in the evaluation report(s).

Furthermore, consideration should be given to the child’s culture, environment, and socio-economic status when interpreting the information gathered since differences can affect children’s learning in important ways (Hamayan et.al, 2007).

First, culture provides the context for making sense of the world in which all new learning occurs and can affect the child’s general level of comfort about his/her place in the school environment. The child’s and the parents’ levels of acculturation can be determined using acculturation measures collected through structured interviews with family members to gather information regarding cultural differences and adjustment to the new culture.

The MET must consider the impact of cultural differences in situations that include, but are not limited to: If the child’s cultural background is different from the dominant/primary culture of the school,

community, and/or larger society; If the child is a member of a minority group (i.e., cultural, linguistic, racial/ethnic, religious, or

other); If the child (and/or the child’s family) has recently emigrated to the United States; If the child has had limited experiences in academic culture; or If the child has had limited involvement in organizations and activities of any culture.

Second, the environmental and socioeconomic differences of families impact life experiences and exposure to language and enrichment activities. Families play a large role in their child’s education by developing an awareness of importance of school and creating home conditions that impact school learning and the development of appropriate behavior. These environmental and socioeconomic differences also can affect the child’s general level of comfort about his/her place in the school environment. The child’s and the parents’ experiences and expectations as well as the impact of

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environmental and socioeconomic differences can be determined through structured interviews with family members and developmental histories which gather information regarding opportunities to learn and other necessary information. The MET must consider the impact of environmental or socioeconomic differences in situations that include, but are not limited to: Irregular attendance (i.e., absences of at least 25% of the time in a grading period or for extended

periods at a time); High mobility (i.e., two or more moves in a single school year) that impact the exposure to

curriculum and prevent adequate mastery of skills; Individual family histories that may impact school performance (e.g., divorce, death, imprisonment,

unemployment, traumatic events, etc.); Family income at or below subsistence level with or without public assistance; or Family resides in a disadvantaged neighborhood/area that may experience concentrated poverty,

violence, and/or a significant lack of resources.

If most of the children from a cultural, environmental, and/or socioeconomic group are struggling in a similar way as the child being evaluated, then these factors may, but do not necessarily, explain these difficulties. However, if the child being evaluated is receiving the same instruction in a similar learning environment but not achieving in similar ways as his/her cultural, environmental, and/or socioeconomic peers, then these factors would not appear to be the determinant for his/her learning difficulties. See: Environmental/Cultural Differences and Economic Disadvantage Assessment for additional guidance.

Evaluation Reports

At the conclusion of the evaluation, the MET must document their findings in an evaluation report(s). The MET has the discretion to compile all evaluation information into a single comprehensive report or to allow evaluation team members to submit individual reports. The evaluation report(s) summarizes the child’s current status in all relevant developmental areas, functional levels, and (pre-) academic performance. A description of areas of strengths, weaknesses, and significant deficit(s), if any, should be included in the evaluation summary.

A copy of all evaluation report(s) must be provided to the parent at least seven (7) calendar days prior to the meeting to determine eligibility unless the parent has waived this right in writing in advance of the meeting.

NOTE: The evaluation report must not include any statements regarding the determination of eligibility or disability category. This is a MET decision made as a team at the eligibility determination meeting. Any written conclusions or recommendations from professionals based on evaluation results should be presented at this meeting.

Comprehensive Report

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If the MET is using a comprehensive report, all of the information gathered from existing records and the formal and informal assessments for the evaluation must be integrated and interpreted in the report. This report must be submitted to the MET Chair.

The comprehensive report must include a summary of the following from all examiners: Dates of assessments; Name, title, and qualifications of examiners, informants, and/or observers; Testing conditions and behaviors noted during testing and observations; Results and interpretations of assessments; Explanations of any deviations from standardized testing procedures; and Justifications of use of instruments that are not age-appropriate.

The comprehensive report must also include the signatures of the examiners and individuals involved in writing the report and the date the report was completed. This date serves as the date that the evaluation is completed; therefore, it must be within sixty (60) calendar days of parental consent for the comprehensive evaluation.

Individual ReportsIf the MET is using individual reports, information gathered from existing records and formal and informal assessments by each examiner must be described and interpreted in his/her report. Each report must be submitted to the MET Chair.

NOTE: The MET will integrate the information from individual reports at the eligibility determination meeting.Each individual report must include a summary of the following: Date(s) of assessments; Name, title, and qualifications of examiner(s), informants, and/or observers; Testing conditions and behaviors noted during testing and observations; Results and interpretations of assessments; Explanations of any deviations from standardized testing procedures; and Justifications of use of instruments that are not age-appropriate.

Each individual report must also include the signature of the examiner and any individual involved in writing the report and the date the report was completed. The date of the last report submitted serves as the date that the evaluation is completed; therefore, it must be within sixty (60) calendar days of parental consent for the comprehensive evaluation.

Eligibility Determination

Eligibility Determination Meeting

The MET, which includes the parent, must meet within fourteen (14) calendar days of the completion of the evaluation to determine if the child is eligible for special education services. The parent must be

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invited in writing to attend the eligibility determination meeting. The public agency may use the Meeting Invitation or a similar form that contains all of the required components.

The parent must also be provided a copy of the evaluation report(s) at least seven (7) calendar days prior to the eligibility determination meeting unless the parent waives this right in writing. For example, if the eligibility determination meeting is scheduled fourteen (14) calendar days after the completion of the evaluation, the MET has up to seven (7) calendar days to provide the parent the evaluation report(s). If the eligibility determination meeting is scheduled ten (10) calendar days after the completion of the evaluation, the MET has up to three (3) calendar days to provide the parent the evaluation report(s). If the parents waive their right to a copy of the evaluation report before the meeting, a copy should be provided at the eligibility determination meeting. In these cases, the eligibility determination meeting may be held in fewer than seven (7) calendar days after the evaluation is completed.

The MET cannot pre-determine a child’s disability before the eligibility determination meeting. However, as specialized personnel are required to determine eligibility for some disability categories, the MET must ensure that any required examiners must be available to participate in the decision-making process. MET members may participate in person, by submitting a written statement, or by other technological means such as by phone. Assessment information may need to be explained to the parent at the beginning of the meeting to allow the parent to participate in the determination of the presence of a disability; therefore, one (1) or more members of the MET must be available at the eligibility determination meeting who can explain the evaluation data and report(s) to the parents. See Volume III: Procedural Safeguards for more information on notifying the parent of MET and IEP Committee meetings.

In the event that the parent cannot participate in the eligibility determination meeting despite good faith efforts to accommodate the parent’s schedule, the public agency must hold the meeting within the deadline to prevent a delay in determining the eligibility of the child. However, the public agency must provide the parent a copy of the Eligibility Determination Report , or other documentation of the MET’s determination of eligibility or ineligibility, and, if eligible, a Prior Written Notice of the public agency’s intention to develop and implement an Individualized Education Program (IEP) for the child. In addition, the parent retains the right to disagree with the MET decision and may request an Independent Educational Evaluation (IEE) at public expense. See Volume III: Procedural Safeguards and Dispute Resolution for more information.Eligibility Determination Report

During the eligibility determination meeting, the MET, which consists of the parent, the child (if appropriate), a qualified examiner, and a regular education teacher with knowledge of the child, the general curriculum, and Tiered Intervention supports, must review the evaluation report(s) to create an eligibility determination report to document the decision of the MET about the determination of eligibility for the child and, if eligible, the child’s disability category. A MET Chairperson (e.g., the individual who has the ability to allocate school resources for the evaluation and resolve disagreements in eligibility determination decisions or a designee) should also be in attendance. The

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MET may use the Eligibility Determination Checklists or other methods of documentation to identify the basis for the MET’s decision (i.e., data supporting the presence or absence of one or more disability categories). The MET may then document the agreement or disagreement of each team member on the Eligibility Determination Report or a similar form that contains all the required information. All individuals who participate in the eligibility determination meeting must sign the eligibility determination report, and the report must be dated. Note: Signature stamps cannot be used on any evaluation or eligibility form. A copy of the eligibility determination report, along with checklists, documentation of supporting evidence, and/or dissenting statements, if any, must be kept in the child’s file and also provided to the parents.

Determination of Eligibility. The MET may use the Eligibility Determination Report to document the team’s decision as follows: Data do not support eligibility. If it is determined that the data do not support the presence of a

disability or the need for special education and related services, the MET must record that the child is ineligible and consider other methods of assisting the child in the general education setting. The public agency must ensure the parents receive a copy of the evaluation report(s), if not provided before the meeting, and the Eligibility Determination Report, or similar form, documenting the MET’s determination of ineligibility.

Data support eligibility. If it is determined that the data do support the presence of a disability and the need for special education and related services, the MET must record that the child is eligible and designate the disability category for which eligibility was established. The public agency must ensure the parents receive a copy of the evaluation report(s), if not provided before the meeting, the Eligibility Determination Report, or similar form, documenting the MET’s determination of eligibility, and a Prior Written Notice of the public agency’s intention to develop and implement an Individualized Education Program (IEP) for the child. Receipt of the Prior Written Notice must be verified and documented.

Parents have the right to disagree with the MET decision. If a parent disagrees with the MET decision on eligibility status or disability category, the parent must indicate his/her disagreement on the Eligibility Determination Report and submit a written statement of his/her conclusions to the MET Chair. In addition, the parents have the right to request an Independent Educational Evaluation (IEE) at public expense. See Volume III: Procedural Safeguards and Dispute Resolution for more information.

If the members of the MET fail to reach a consensus in determining eligibility and/or the disability category, the MET Chairperson (e.g., the individual who has the ability to allocate school resources for the evaluation and resolve disagreements in eligibility determination decisions or a designee) must make a decision. If any member of the MET disagrees with this decision, he/she must indicate his/her disagreement of the Eligibility Determination Report and submit a written statement of his/her conclusions to the MET Chair.

Eligibility Category. There are twelve (12) categorical disabilities and one (1) noncategorical designation (i.e., Developmentally Delayed) under Mississippi policies. The MET may use the Eligibility Determination Checklists or other forms to document the supporting evidence for required,

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optional, alternate, and/or additional criteria, as applicable, for each of the specific disabilities considered. For each criterion listed for each disability category, the MET should record the data source(s) used as the basis for determining if the child meets or fails to meet the criterion. For example, when determining whether a child meets or fails to meet the eligibility criteria for the disability category of Autism, results from a standardized communication measure, a parent version of a rating scales measure, and an unstructured observation may support or fail to support the presence of the “significant delays in verbal and nonverbal communication” criterion while parent reports on a developmental history and medical records may support or fail to support the “delays before the age of 3” criterion. Required and recommended supporting evidence for each disability category can be found in Disability Categories (pages 296-326 of State Board Policy 7219) and are noted on each Eligibility Determination Checklist.

Individualized Education Program (IEP)

If the MET determines that a child is eligible for special education and related services, the public agency will form an IEP Committee, composed of an agency representative, the child’s educators, the parent, and, if appropriate, the child. The IEP Committee must meet to develop an IEP to provide the child with special education and related services, supplemental aids and services, program modifications and accommodations, and support for school personnel that ensure that the child receives a Free Appropriate Public Education (FAPE) in the child’s Least Restrictive Environment (LRE). The child’s IEP must be developed within thirty (30) calendar days of the date the child is determined to be eligible for special education by the MET. The MET, which includes the parent, may choose to develop the child’s IEP during a meeting held immediately following the eligibility determination meeting or during a separate meeting to be held within thirty (30) calendar days of the eligibility determination meeting. The IEP is developed jointly with the parents to ensure their input in goal development and service provision. Once developed, the IEP must be implemented immediately. See Volume II: Individualized Education Program for more information on the IEP Committee and development of the IEP.

NOTE: The child’s MET and IEP Committee may have largely the same or very different membership depending upon the needs determined for the child. Some roles are the same including the child’s general education teacher, the special education teacher (although a different special education teacher—namely the child’s new special education teacher—may serve on the IEP Committee), the parent, and an Agency Representative. In some cases, members of the MET may not be appropriate to serve on the IEP Committee (e.g., a Psychometrist who conducts academic/cognitive assessments but does not provide special education or related services, or a Speech-Language Pathologist who assessed the child but found no deficits in communication).

Maintaining Data on Eligibility

The district must maintain records for all children who have been evaluated for special education—whether the child was determined to be eligible or ineligible. The MET Chairperson must ensure the

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following information is forwarded to the Director of Special Education in accordance with any district or agency procedures: The child’s name, race, grade/academic placement, and school of attendance; The child’s eligibility status and the date of the eligibility determination; If eligible, the child’s disability category; and Whether the determination was based on an initial assessment or a reevaluation.

Each public agency must develop policies and procedures for recording and maintaining student special education records to ensure compliance with the provisions of the Family Educational Rights and Privacy Act (FERPA) and the Individuals with Disabilities Education Act (IDEA), including confidentiality, access, and storage provisions. See Volume III: Confidentiality for more information on maintaining records.

Reevaluation

Public agencies will ensure that all children with disabilities are reevaluated periodically to determine whether the child continues to have a disability that requires special education and related services. Reevaluations must occur no less than once every three (3) years but may not occur more than once in a twelve (12) month period unless the parent and the public agency agree that a reevaluation is needed. A reevaluation may occur more frequently than once every three (3) years, such as cases where: The child’s parent or teacher has requested a reevaluation; The child’s educational or related service needs, including improved academic achievement and

functional performance, warrant a reevaluation; The child’s disability category is no longer appropriate; or The child is to be exited from special education services for reasons other than graduation with a

regular diploma, reaching the maximum age of eligibility for services, or parent revocation of services.

A reevaluation may consist of (a) a review of existing and ongoing progress monitoring data, with or without a limited collection of new data, or (b) a comprehensive reevaluation. In many cases, the more limited reevaluation is appropriate, such as when the IEP Committee establishes the child’s continuing eligibility under the same disability category with changes only to some services and supports. However, when major changes are being considered, a child’s parent or teacher has requested a comprehensive reevaluation, or when IEP Committee members disagree on a child’s eligibility status or disability category, a comprehensive reevaluation is necessary. When considering a dismissal from any related service (i.e. speech, OT, PT), a reevaluation should be conducted.

The reevaluation process should be informed by records of services provided, ongoing progress monitoring data, and progress reports on measurable annual goals and short-term instructional objectives/benchmarks. These existing data sources should enable most reevaluations to occur within a relatively short period of time. In cases where a comprehensive reevaluation is required, the reevaluation may take more time.

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Review of Existing Data for Reevaluation

The child’s IEP Committee, of which the parent and other qualified professionals are members, must review existing information, including any evaluation data, on a child including: Evaluations and information provided by the parent; Current curriculum-based assessments, progress monitoring data, and other ongoing

observations; Information from existing observations by teachers and related service providers; and/or Information contained in the current IEP, including progress reports on goals.

The review of data may be conducted by the IEP Committee with or without a meeting; however, each IEP Committee member, including the parent, must be given the opportunity to review all existing data and information to assist him/her in determining if additional data are necessary to establish continued eligibility and determine appropriate service provision. If the IEP Committee unanimously decides no additional data are necessary to determine (a) the child continues to be a child with a disability and (b) the child’s special education or related service needs, the IEP Committee must document this decision in writing. See Volume III: Procedural Safeguards for more information on notifying the parent about IEP Committee meetings.

Determining if Additional Data are Necessary for Reevaluation

If the IEP Committee as a whole or if any IEP Committee members determine additional data are needed, the IEP Committee, including the parent, must identify the data needed to determine: Whether the child continues to have a disability; Whether the child continues to need special education and related services; The child’s present levels of academic achievement and functional performance; The child’s educational needs; and Any additions or modifications to the child’s special education and related services necessary for

the child to meet the measurable annual goals addressed in the IEP and/or to participate in the general curriculum or developmentally-appropriate activities, as appropriate for the child.

Even in situations where members of the IEP Committee disagree with the parent over the need for conducting additional assessments or conducting a comprehensive reevaluation, the parent has the right to request assessments or a comprehensive reevaluation to determine eligibility under IDEA and their child’s current educational needs. The public agency must inform the parent of this right. See Volume III: Dispute Resolution for more information on due process procedures for resolving disputes.

Parental Consent for Reevaluation

Parental consent is recommended but not required prior to conducting a reevaluation using existing data. When additional data are needed to substantiate continued eligibility and/or current educational

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needs, the IEP Committee must provide the parent Prior Written Notice of the public agency’s intention to conduct a reevaluation and obtain Informed Parental Consent prior to conducting any new individual assessments (e.g., interviews, observations, and formal and informal tests). If the parent fails to respond to the request for consent, the public agency may proceed with new individual assessments for reevaluation without written parental consent, if it has made reasonable attempts to obtain consent from the parent. If the parent refuses to consent for additional data collection for reevaluation, the public agency may not conduct new individual assessments for the reevaluation. However, the public agency may continue to collect ongoing progress monitoring data used to determine sufficient progress on annual measurable goals and short-term instructional objectives or benchmarks, and the IEP Committee may use these data to determine if the child continues to be eligible for special education and the child’s educational needs. In addition, the public agency may use procedures outlined under procedural safeguards to conduct a reevaluation. See Volume III: Procedural Safeguards for more information on parental consent procedures for evaluations and reevaluations.

Assessment for Reevaluation

The IEP Committee may conduct assessments as part of the reevaluation when they determine the need for additional information to answer any of the following questions: What is the child’s present level of academic achievement and functional performance? What are the child’s current educational needs? What special education and related services does the child need? What, if any, additions or modifications to the special education and related services are needed

to enable the child to meet the measurable annual goals addressed in the IEP and/or to participate, as appropriate, in the general curriculum or, for the preschool child, to participate in age-appropriate activities?

The IEP Committee can use a variety of assessment strategies described in Procedures for Assessing Specific Areas of Development and Procedures for Special Assessments to collect the necessary information.

Comprehensive Reevaluation

If the IEP Committee is considering a change in the child’s disability category, a comprehensive evaluation of all areas of development that meets the requirements of the Initial Comprehensive Evaluation, Procedures for Special Assessments, and Procedures for Assessing Specific Areas of Development must be conducted. A comprehensive reevaluation process should be completed within a reasonable period of time. It is recommended that a comprehensive reevaluation be completed at least every six (6) years.

Reevaluation Report

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At the conclusion of the reevaluation, the IEP Committee must document the results in a written reevaluation report(s). The IEP Committee may compile all reevaluation information into a single comprehensive report or may allow each examiner to submit an individual report. The reevaluation report(s) must meet the criteria described in Evaluation Reports (p. 30). Public agencies are recommended to provide parents a copy of all reevaluation reports at least seven (7) calendar days prior to the meeting to determine or reestablish eligibility unless the parent has expressed their preference to receive the reevaluation report at the meeting.

NOTE: The reevaluation report must not include any statements regarding the determination of eligibility or disability category. This is an IEP Committee decision made as a team at the meeting to determine or reestablish eligibility. Any written conclusions or recommendations from professionals based on reevaluation results should be presented at this meeting.

Eligibility Determination Meeting

The IEP Committee, which includes the parent, must meet to review the reevaluation report(s) and to draft an eligibility determination report. The parent must be invited in writing to attend the eligibility determination meeting. The public agency may use the Notice of Invitation to Committee Meeting or a similar form. See Eligibility Determination Meeting for more information.

Eligibility Determination Report

During the eligibility determination meeting, the IEP Committee must document the decision in an eligibility determination report either to continue or to change the child’s eligibility status and/or disability category: If the results of the reevaluation support the child’s current eligibility status and disability category,

the IEP Committee will document the continued eligibility status and disability category. If the results of the reevaluation support the child’s eligibility status but no longer reflect the child’s

disability category, the IEP Committee will document the change in disability category as appropriate and provide the parent Prior Written Notice of this change. The public agency must document the parent’s receipt of the Prior Written Notice.

If the results of the reevaluation no longer support the child’s eligibility status, the IEP Committee will document this decision and provide the parent Prior Written Notice of the intent to exit the child from special education services.

Individualized Education Program (IEP)

If the child continues to be eligible for special education services, the IEP Committee will revise the child’s IEP to reflect any necessary changes in educational programming and provide the parent Prior Written Notice for any revisions in the IEP. The public agency must document the parent’s receipt of this notice. If the parent is in attendance at the IEP Committee meeting, the public agency may provide any required Prior Written Notice to the parent at the meeting.

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Removal of Students from Special Education Programs (reference 300.305 (a) (e))

If the child is determined to be ineligible for special education services based on the results of a comprehensive reevaluation, the IEP Committee must provide the parents Prior Written Notice explaining their intention to exit the child from special education services at least seven (7) calendar days prior to terminating services. The Prior Written Notice must contain the basis for the decision, an explanation of the parent’s right to obtain an Independent Educational Evaluation (IEE), and the parent’s right to a due process hearing. The public agency must document the parent’s receipt of this notice. See Volume III: Procedural Safeguards for more information on providing the parent Prior Written Notice and Volume III: Dispute Resolution for more information on the due process procedures for resolving disputes.

REGULATORY REFERENCE§§300.8, 300.39, 300.300- 300.311

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A written or verbal request for an initial comprehensive evaluation is made by the parent, a public agency, the teacher support team (TST), or other individuals knowledgeable about the child.

The MET determines a comprehensive evaluation is required. Within seven (7) days Prior Written Notice, Informed Parent Consent, and Procedural Safeguards are given to parents.The MET determines a comprehensive evaluation is not required. Within seven (7) days Prior Written Notice with a justification for not conducting an evaluation and Procedural Safeguards are given to parents.

Within fourteen (14) days, a Multidisciplinary Evaluation Team (MET) convenes to consider the request and reviews existing data to determine the need for conducting a comprehensive evaluation.

OPTIONAL: The public agency may choose to use mediation or due process procedures to conduct a comprehensive evaluation.Parent consents to a comprehensive evaluation.

Within sixty (60) days, the comprehensive evaluation is conducted by qualified personnel. An eligibility determination meeting is scheduled within fourteen (14) days of completion of the evaluation report. Notification of the meeting and a copy of the evaluation report are sent to the parent at least seven (7) days before the eligibility determination meeting.

The child is not eligible for special education and related services. A Prior Written Notice with a justification is given to the parent.

The eligibility determination meeting is held, and the evaluation is reviewed.The MET determines if the child qualifies as a child with a disability who requires special

education and/or related services as defined by State Board of Education Policy 7219.

The child is determined to be eligible for special education and related services. The IEP Committee convenes, within thirty (30) days, to develop an initial Individualized Education Program (IEP).

See FAPE, IEP, LRE, ESY

Parent refuses to consent to a comprehensive evaluation.

Initial Evaluation and Eligibility Flowchart

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Reevaluation Flowchart

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Reevaluations are conducted every three (3) years, prior to discontinuation of special education services or any related services, prior to change of eligibility category, at the request of parent,

or due to other warranted situations.

The child is reevaluated within a reasonable

period of time. [Recommended to be

within sixty (60) days]

The IEP Committee reviews existing data and determines if additional data are required. The parent must be invited to participate in any IEP Committee meeting held to review the data.

The parent refuses to consent to

assessment.

The IEP Committee determines additional data are not required to recertify eligibility. The public

agency must notify the parent of the reasons for determining additional data are not needed and the

right to request an assessment.

The parent disagrees additional data are

not needed and requests a

reevaluation.

The IEP Committee continues to

collect progress monitoring data.

The parent agrees

additional data are not needed.

The IEP Committee determines that a child’s previous disability

category does not accurately reflect the child’s disability and a change in categories is appropriate. Prior Written Notice must be given to the parent. Public agency must

document receipt of the notice by the parent. The IEP Committee

reviews and/or revises the current IEP. The parent is given Prior Written Notice of all revisions.

The IEP Committee determines that a child’s previous

disability category continues to reflect the

child’s current disability. The IEP Committee reviews and/or revises the

current IEP. The parent is given Prior Written Notice of all revisions.

The parent does not

respond to the request.

The parent consents to assessment.

The IEP Committee determines that child no longer qualifies as child with a disability and is no

longer in need of special education services. Prior Written Notice is given to parent. Receipt of the notice by the parent must be

verified prior to removing the child from special education services. Public agency must

document receipt of the notice by the parent.

The IEP Committee

makes reasonable attempts to

obtain consent.

The IEP Committee holds an eligibility meeting.

The IEP Committee determines additional data are required to recertify eligibility. The IEP

Committee identifies areas to assess and requests parental consent.

Qualified Examiners

Multidisciplinary Evaluation Team (MET) members who conduct and interpret assessments to determine eligibility and program planning should have appropriate training and certification according to the required background, experience, and training specified in the assessment manual. The following qualifications are provided for examiners who administer and interpret assessments for eligibility and programming purposes; however, these guidelines are not intended to lower the requirements listed in any assessment manual should they exceed the criteria listed below:

Achievement Assessments

Examiners who administer and interpret achievement assessments must (a) have the required background, experience, and/or specialized training specified in the manual and (b) be able to administer and interpret the achievement assessments according to standardized practices specified in the manual and professional best practices. This includes MDE-licensed Special Educators (221), Psychometrists (213), School Psychologists (451), and other examiners who meet the qualifications specified by the manual or the publisher of the measure.

Articulation Assessments

Examiners who administer and interpret articulation tests must (a) have the required background, experience, and/or specialized training specified in the manual and (b) be able to administer and interpret the articulation assessments according to standardized practices specified in the manual and professional best practices. In addition, examiners must have the following proficiencies: 1. Knowledge of typical/atypical speech development and speech disabilities, including their

characteristics, prevalence, causes, correlates, treatments, and life-course outcomes; 2. Ability to interpret speech development and its impact on education to determine eligibility and to

inform program planning; and3. Ability to write a coherent report for school personnel and parents.This includes MDE-licensed Speech-Language Clinicians (215) and Speech-Language Therapists (216), and other examiners who meet the qualifications specified by the manual or the publisher of the measure.

Behavioral, Social, or Emotional Assessments

Examiners who administer and interpret standardized behavioral, social, or emotional assessments must (a) have the required background, experience, and/or specialized training specified in the manual and (b) be able to administer and interpret the behavioral, social, or emotional assessments according to standardized practices specified in the manual and professional best practices. In addition, examiners must have the following proficiencies:1. Knowledge of appropriate methods of measure selection based on characteristics including the (a)

purposes of the measure; (b) age and sex norms, including proportional representation of the population on key demographics; and (c) test reliability and validity data;

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2. Knowledge of statistical methods and ability to interpret (a) means, medians, and modes; (b) standard deviations and confidence intervals; and (c) typical scores including Z scores, T scores, percentiles, percentile ranks, and stanines;

3. Ability to interpret behavioral, social, or emotional strengths and weaknesses and their educational impact to determine eligibility and to inform program planning;

4. Knowledge of typical/atypical development and specific behavioral, social, or emotional disabilities, including their characteristics, prevalence, causes, correlates, treatments, and life-course outcomes; and

5. Ability to write a coherent report for school personnel and parents.This may include MDE-licensed Special Educators (206), Psychometrists (213), School Psychologists (451), School Guidance Counselors (436), Psychologists licensed by the Board of Psychological Examiners, Psychiatrists, and other examiners who meet the qualifications specified by the assessment manual or publisher of the measure. NOTE: Refer to eligibility requirements when selecting an appropriate examiner.

Developmental Assessments

Examiners who administer and interpret developmental assessments must (a) have the required background, experience, and/or specialized training specified in the manual, including specialized training in assessing young children, and (b) be able to administer and interpret the achievement assessments according to standardized practices specified in the manual and professional best practices. In addition, examiners must have the following proficiencies:1. Knowledge of appropriate methods of measure selection based on characteristics including the (a)

purposes of the measure; (b) age and sex norms, including proportional representation of the population on key demographics; and (c) test reliability and validity data;

2. Knowledge of statistical methods and ability to interpret (a) means, medians, and modes; (b) standard deviations and confidence intervals; and (c) typical scores including Z scores, T scores, normal curve equivalents, age equivalents, percentiles, percentile ranks, and stanines;

3. Ability to interpret developmental strengths and weaknesses and their educational impact to determine eligibility and to inform program planning;

4. Knowledge of typical/atypical development and specific developmental disabilities, including their characteristics, prevalence, causes, correlates, treatments, and life-course outcomes; and

5. Ability to write a coherent report for school personnel and parents.This includes MDE-licensed Special Educators (211/221), Psychometrists (213), Speech-Language Clinicians (215), School Psychologists (451), and other examiners who meet the qualifications specified by the assessment manual or publisher of the measure.

Intelligence Tests

Examiners who administer and interpret intelligence tests must (a) have the required background, experience, and/or specialized training specified in the manual and (b) be able to administer and interpret the intelligence assessments according to standardized practices specified in the manual and professional best practices. In addition, examiners must have the following proficiencies:

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1. Knowledge of appropriate methods of test selection based on the test’s characteristics including the (a) purposes of the test; (b) use, dependent upon the child’s native language; (c) age and grade norms, including proportional representation of the population on key demographics; and (d) test reliability and validity data;

2. Knowledge of statistical methods and ability to interpret (a) means, medians, and modes; (b) standard deviations and confidence intervals; and (c) typical scores including Z scores, T scores, normal curve equivalents, age and grade equivalents, percentiles, percentile ranks, and stanines;

3. Ability to administer and score intelligence tests accurately according to standardized practices described in the test manual and professional best practices;

4. Ability to interpret strengths and weaknesses and their educational impact to determine eligibility and to inform program planning;

5. Knowledge of typical/atypical development and specific disabilities, including their characteristics, prevalence, causes, correlates, treatments, and life-course outcomes; and

6. Ability to write a coherent report for school personnel and parents.This includes MDE-licensed Psychometrists (213), School Psychologists (451), Psychologists licensed by the Board of Psychological Examiners, and other examiners who meet the qualifications specified by the assessment manual or publisher of the measure.

Language, Voice, and Fluency Assessments

Examiners who administer and interpret standardized language, voice, or fluency assessments must (a) have the required background, experience, and/or specialized training specified in the manual and (b) be able to administer and interpret the language, voice, or fluency assessments according to standardized practices specified in the manual and professional best practices. In addition, examiners must have the following proficiencies: 1. Knowledge of typical/atypical language, voice, or fluency development and specific language,

voice, or fluency disabilities, including their characteristics, prevalence, causes, correlates, treatments, and life-course outcomes;

2. Ability to interpret voice, fluency, or language development and its impact on education to determine eligibility and to inform program planning; and

3. Ability to write a coherent report for school personnel and parents.This includes MDE-licensed Speech/Language Clinicians (215), Speech-Language Pathologists with a master’s degree and/or an American Speech and Hearing Association (ASHA) Certificate of Clinical Competence (CCC) in Speech/Language Pathology, and other examiners who meet the qualifications specified by the assessment manual or publisher of the measure.

Motor Assessments

Examiners who administer and interpret standardized motor assessments must (a) have the required background, experience, and/or specialized training specified in the manual and (b) be able to administer and interpret the motor assessments according to standardized practices specified in the manual and professional best practices. In addition, examiners must have the following proficiencies:

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A. Knowledge of typical/atypical motor development and specific motor disabilities, including their characteristics, prevalence, causes, correlates, treatments, and life-course outcomes;

B. Ability to interpret motor development and its impact on education to determine eligibility and to inform program planning; and

C. Ability to write a coherent report for school personnel and parents.This includes occupational therapists, physical therapists, physicians, nurse practitioners, rehabilitation specialists and other examiners who meet the qualifications specified by the assessment manual or publisher of the measure.

Orofacial Examinations

Examiners who can conduct orofacial examinations according to professional best practices include MDE-licensed Speech/Language Clinicians (215), Speech/Language Therapists (216), and other qualified medical personnel.

Specialized Instruments for Specific Disabilities or Disorders

In addition to the criteria described above, examiners who administer and interpret assessments for specific disabilities or disorders such as Autism, Traumatic Brain Injury, Attention Deficit Hyperactivity Disorder (ADHD), Tourette’s Syndrome, Schizophrenia, Fetal Alcohol Spectrum Disorders, or other neurodevelopmental, health, or psychological disorders must have specialized training in the administration and interpretation of these assessments as well as specialized training in assessing children with these disabilities or disorders.

Evaluation Plan

To complete the Evaluation Plan, the Multidisciplinary Evaluation Team (MET) or Individual Education Program (IEP) Committee should:

1. Review any existing data, including information and evaluations provided by the parent, current classroom-based assessments, interventions, observations, and/or the child’s educational records. Any current results to be used from existing records should be recorded in the “Review of Records” column.

2. The MET or IEP Committee must determine what, if any, additional information will be needed to determine eligibility and/or programming needs.

For each area of development (i.e., physical, communication, adaptive, social-emotional, and cognitive), list any assessment approaches/data-collection techniques that will be used. All areas of development must be assessed; however, not all forms of assessments are required for each area of development. For example, one area of development may be assessed through

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conducting observations and interviews while another area of development may be assessed through an interview and a test.

Comprehensive evaluations should be individualized. Use of a standard protocol or battery of tests with all children (e.g., all children receive an achievement and an intelligence test) is unlikely to produce the most relevant information for making decisions for individual children. To select appropriate assessment approaches or tools: Consider the referral question(s) and expressed area(s) of concern when determining what

evaluations are necessary. Evaluation plans should be individualized to address these concerns with sufficient detail to determine if the child has a mild, moderate, or severe impairment in the areas of concern.

Review the criteria for any suspected disabilities to ensure that all of the required assessments and documentation will be collected during the evaluation.

Ensure that the evaluation plan is flexible and amendable to be able to assess any concerns that may be identified during the evaluation process even if they are unrelated to the initial referral question.

Consider the child’s known characteristics (e.g., sensory, communication, behavior) and use appropriate assessment approaches and tools so that assessment results are valid.

Ensure all materials and procedures used for assessment are selected and administered so as not to be racially or culturally discriminatory.

Consider who is a qualified evaluator and what are appropriate assessments for a child who is an English Language Learner (ELL) depending upon the child’s level of acculturation and language fluency. If available and appropriate, assessment materials should be administered in the child’s native language.

Consider who on the MET/IEP Committee is a qualified examiner and if additional examiners may be needed.

Consider appropriate assessments for the child if s/he is found to have sensory, motor, and/or language deficit(s). Assessment materials and procedures should be selected carefully so as not to be impacted by identified deficit(s) (except when determining the extent of sensory, motor, and language impairments).

Ensure all materials and procedures used have sufficient reliability and validity for the purposes for which they will be used.

3. The Evaluation Plan may serve as a communication tool for the MET/IEP Committee to: Inform parents about the range of assessments to be conducted as part of the evaluation,

including contingency plans if additional concerns are identified during the evaluation that may require additional assessment (e.g., if a child fails a hearing screening, a follow-up examination by an audiologist may be required); and

Assist multiple examiners in understanding their various roles in the evaluation process and in coordinating assessment efforts.

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NOTE: This plan may change during the course of the evaluation based on additional concerns that arise during the process. If so, Informed Parental Consent for any additional assessments not included in the initial consent must be obtained.

Hearing and Vision Guidelines

Hearing and vision must be screened as part of a comprehensive evaluation to ensure that sensory impairments in hearing or vision are not the determinant factors of a child’s difficulties. A public agency may conduct hearing and vision screenings without obtaining parental consent if there is an agency policy for (a) mass screenings, or (b) students who have not been successful in general education programs as a means of determining if hearing and/or vision problems are the cause of the child’s lack of success. However, once a student has been referred by the MET for a comprehensive evaluation, hearing and vision evaluation becomes a component of the comprehensive evaluation and requires Informed Parental Consent.

Hearing Screening and Evaluation

School-Based Hearing Screening

Hearing screenings should be conducted by a licensed professional who has been clinically trained to administer hearing screenings, such as a school nurse or Speech/Language Pathologist.

Administration of first school-based hearing screening. To screen children for potential hearing difficulties, conduct a pure tone screening of the following required frequencies and levels, i.e., Speech Reception Thresholds (SRT), in a quiet room to reduce ambient noise:

Optional Required Required Required Optional OptionalFrequency (Hz) 500 1000 2000 4000 6000 8000Level (dB) 30 25 25 25 30 30

Record the results of the hearing screening on Hearing/Vision Screening Report: Part I-A, or a similar form.

NOTE: If a child cannot be conditioned to respond to a hearing screening, a developmentally appropriate quantitative description of the child’s hearing must be completed by an individual who (a) works with the child, (b) has knowledge of the child’s hearing, and (c) is trained in recognizing developmentally appropriate hearing behavior. Use Hearing/Vision Screening Report: Part II-A, or a similar form, to record the quantitative description. If the student is not able to be conditioned for the hearing screening after 2 attempts and Part II of the hearing screening report is completed, the student must be referred to a qualified examiner for further evaluation before the comprehensive assessment can continue.

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Results of first school-based hearing screening. If the child fails to respond to any of the required frequencies at the required levels in either ear, indicate the missed items by placing a minus (-) in the corresponding box, and indicate “FAIL” on the screening form under the “1st Screening” heading. The examiner must record his/her name and the date of the screening. If the child responds to all of the required frequencies at the required levels for both ears, indicate the passed items by placing a plus (+) in the corresponding boxes, and indicate “PASS” on the screening form under the “1st Screening” heading. The examiner must record her/his name and the date of the screening.

Administration of second school-based hearing screening. A child is considered as having a potential hearing impairment if the child fails to pass: One or more required frequencies at the required levels in at least one ear—or— Any Speech Reception Threshold (SRT) at 25 dB in at least one ear.

Children considered as having potential hearing impairments should have a second individual hearing screening conducted within seven (7) calendar days of a failed first screening. Procedures and criteria for the second hearing screening are the same as those of the first using traditional pure tone screening. When a child fails two school-based hearing screenings, the child should be referred to a licensed or certified audiologist or otolaryngologist.

Clinic-Based Hearing Evaluation

A clinic-based hearing evaluation should be conducted by a licensed or certified audiologist or otolaryngologist. This evaluation should consist of a protocol deemed appropriate for the individual child. If the audiologist or otolaryngologist determines the child does not have a hearing loss, the

audiologist or otolaryngologist should provide a statement indicating such. This statement will be deemed sufficient for the MET to consider the child as not having a hearing impairment.

If the child’s hearing ability cannot be formally determined by a licensed or certified audiologist or otolaryngologist, but there is evidence that a disability exists, then MET can continue with the comprehensive evaluation and determine eligibility taking into consideration the recommendations of the licensed examiner and documenting any deviations from standard assessment procedures undertaken as a result. The MET is responsible for using appropriate assessment tools and methods in these cases to ensure that the assessments do not underestimate the child’s performance due to difficulties in hearing (e.g., inappropriate reliance on verbally-loaded measures to determine cognitive abilities).

Clinic-Based Hearing Evaluation

When a child fails a clinic-based hearing screening, the child should receive a hearing evaluation by a licensed or certified audiologist or otolaryngologist. This evaluation should include all of the components of a complete hearing evaluation to be used in determining the eligibility of Hearing Impairment as defined in State Board Policy 7219.

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NOTE: Even in cases where a child has failed the hearing screenings due to medical conditions (e.g., colds, sinus infections, cerumen [earwax], or otitis media [inflammation of the middle ear]), the comprehensive evaluation must be completed.

Vision Screening and Evaluation

School-Based Vision Screening

Vision screenings should be conducted by a licensed professional who has been trained to administer vision screenings and to use vision screening equipment and/or instruments appropriately, such as a school nurse.

Administration of first school-based vision screening. To screen children for potential vision difficulties, conduct a screening with the right eye, left eye, and both eyes. If the child wears glasses, then the glasses should be worn during screening.

Grades Appropriate Measures forNear-sightedness Ages Appropriate Measures for

Far-sightednessPreK to 4th Grade

Snellen “E” Hand Chart* Other appropriate eye charts*

3-5 years Near vision chart

5th Grade to12th Grade

Snellen “E” Alphabet Chart*

6-20 years +2.00 lens**

* Other instruments may be used, but the scores must be stated in Snellen equivalents.

** It is strongly recommended that no vision testing machine be used for screening children before the 5th grade.

Record the results of the vision screening on the Hearing/Vision Screening Report: Part I-B or a similar form.

NOTE: If a child cannot be conditioned to respond to a vision screening, a developmentally appropriate quantitative description of the child’s vision must be completed by an individual who (a) works with the child, (b) has knowledge of the child’s vision, and (c) is trained in recognizing developmentally appropriate visual behavior. Use Hearing/Vision Screening Report: Part II-B or a similar form to record the quantitative description. If the student is not able to be conditioned for the vision screening after 2 attempts and Part II of the vision screening report is completed, the student must be referred to a qualified examiner for further evaluation before the comprehensive assessment can continue.

Results of first school-based vision screening. If the child demonstrates acceptable near vision for both eyes, and far vision in both eyes and each individual eye, record the child’s far vision acuities

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in the corresponding boxes, indicate “PASS” on the screening form under the “1st Screening” heading, and record the examiner’s name and the date of the screening. Near vision is screened with both eyes only. If the child can read the 20/20 line of the near vision

chart with +2.00 lenses, or if a child cannot read the 20/20 line of a near vision chart at 13 inches unaided, indicate “FAIL” for near vision on the screening form under the “1st Screening” heading, and record the examiner’s name and the date of the screening.

If the child fails far vision in either eye or both eyes, record the child’s visual acuities in the corresponding boxes, indicate “FAIL” on the screening form under the “1st Screening” heading, and record the examiner’s name and the date of the screening.

Administration of second school-based vision screening. A child is considered “At-Risk” for having visual problems or impairments if the child demonstrates: Near-sightedness defined as vision worse than 20/40 using both eyes; or Far-sightedness defined as reading the 20/20 line with the +2.00 lens for children ages six (6) to

twenty (20) or inability to read the 20/30 line on the near vision chart for children ages three (3) to five (5).

Children considered “at-risk” for visual impairments should have a second individual vision screening conducted within three (3) to ten (10) calendar days of a failed first screening. Procedures and criteria for the second vision screening are the same as those of the first. When a child fails school-based vision screenings, the child should be evaluated by a licensed or certified ophthalmologist or optometrist

Clinic-Based Vision Evaluation

A clinic based vision evaluation should be conducted by a licensed or certified ophthalmologist or optometrist. This evaluation should consist of a protocol deemed appropriate for the individual child and will determine if the child has a visual problem or impairment according to professional standards or the protocol. If the ophthalmologist or optometrist determines the child does not have a vision problem or

impairment, the ophthalmologist or optometrist should provide a statement indicating such. This statement will be deemed sufficient for the MET to consider the child as not being visually impaired.

If the ophthalmologist or optometrist determines the child has a vision problem correctable with aids such as glasses or contacts, the ophthalmologist or optometrist should provide a statement indicating such. This statement will be deemed sufficient for the MET to consider the child as not being visually impaired.

If the child’s vision ability cannot be formally determined by a licensed or certified ophthalmologist or optometrist, but there is evidence that a disability exists, then MET can continue with the comprehensive evaluation and determine eligibility taking into consideration the recommendations of the examiner and documenting any deviations from standard assessment procedures undertaken as a result. The MET is responsible for using appropriate assessment tools and methods in these cases to ensure that the assessments do not underestimate the child’s

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performance due to difficulties in vision without correction (e.g., inappropriate over-reliance on spatial-visual measures to determine cognitive abilities).

Clinic-Based Vision Evaluation

When a child fails a clinic-based vision evaluation, the child should receive a complete vision evaluation by a licensed or certified ophthalmologist or optometrist. This evaluation should include all of the components of a complete vision evaluation to be used in determining the eligibility of Visually Impaired as defined in State Board Policy 7219.

Report of Physical Observation (ROPO)

The Report of Physical Observation (ROPO) documents an examination by a qualified healthcare provider (i.e., physician or nurse practitioner) to determine if a child has any significant physical/health impairments and/or injuries that should be considered by the Multidisciplinary Evaluation Team (MET) in their determination of eligibility and, if eligible, in the development of an Individualized Education Program (IEP). The Report of Physical Observation, or a similar form containing the same information, must be used when considering eligibility under the following disability categories: Developmental Delay (DD) – Diagnosed Disorder, Language/Speech Impairment–Voice (L/S-Voice), Orthopedic Impairment (OI), Other Health Impairment (OHI)*, or Traumatic Brain Injury (TBI).

1. The Report of Physical Observation must document any problems that might affect the child’s performance on psychological and educational evaluations, such as side effects of medication and/or poor motor control.

2. The Report of Physical Observation must document any problems that would require special planning for or adaptations of the child’s program, such as the need for leg braces or a wheelchair.

3. The specialty of the healthcare provider who completes the examination must be recorded along with the provider’s signature and the date on the bottom of the form.

4. The Report of Physical Observation should not delay the evaluation process for a student with DD. The committee must document attempts to get ROPO and utilize the preponderance of data to determine eligibility. If the ROPO is available after eligibility, the committee must reconvene to consider the data. The ROPO is not required for a DD ruling unless the child has a diagnosed disorder that needs to be considered. Districts should consider a ROPO in all cases for a potential DD ruling.

* NOTE: For an OHI eligibility for ADHD, a diagnostic report from a physician or a nurse practitioner is not required

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Developmental History (Ages 3 – 9)

The Developmental History (Ages 3 – 9) is used to document a parent or guardian’s concerns for their child and information about their child’s overall development and functioning. It should be used to identify concerns that should be examined in depth by the Multidisciplinary Evaluation Team (MET). The, or a similar form containing the same information, should be used when considering eligibility under any category, especially for children ages three (3) to nine (9) years of age.

1. The Developmental History (Ages 3 – 9) should be completed as part of a structured interview with the child’s parent or guardian. Most parents/guardians will not be able to complete all areas of the Developmental History (Ages 3 – 9) without adequate guidance and explanations.

2. The child’s parent or guardian should be encouraged—but not required—to answer all of the questions included on the Developmental History (Ages 3 – 9). Make sure parents or guardians are aware that they are not required to answer any questions they do not wish to answer or feel uncomfortable answering.

3. The Developmental History (Ages 3 – 9) should document any concerns of the parent or guardian.

4. If the parent or guardian does not speak English, a translator should be provided to assist with the collection of this information.

5. The person conducting the structured interview should record her/his name and the date the interview was conducted at the end of the form.

Developmental History (Ages 10 – 21)

The Developmental History (Ages 10 – 21) is used to document a parent or guardian’s concerns for their child and information about their child’s overall development and functioning. It should be used to identify concerns that should be examined in depth by the Multidisciplinary Evaluation Team (MET). The Developmental History (Ages 10 – 21), or a similar form containing the same information, should be used when considering eligibility under any category, especially for children ages ten (10) to twenty-one (21) years of age.

1. The Developmental History (Ages 10 – 21) should be completed as part of a structured interview with the child’s parent or guardian. Most parents/guardians will not be able to complete all areas of the Developmental History (Ages 10 – 21) without adequate guidance and explanations.

2. The child’s parent or guardian should be encouraged—but not required—to answer all of the questions included on the Developmental History (Ages 10 – 21). Make sure parents or guardians

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are aware that they are not required to answer any questions they do not wish to answer or feel uncomfortable answering.

3. The Developmental History (Ages 10 – 21) should document any concerns of the parent or guardian.

4. If the parent or guardian does not speak English, a translator should be provided to assist with the collection of this information.

5. The person conducting the structured interview should record her/his name and the date the interview was conducted at the end of the form.

Teacher Narrative

The Teacher Narrative is used to document the concerns of the child’s general education teacher (and/or special education teacher when used for a reevaluation) and important information about the child’s learning and development. It should be used to identify areas that should be examined in depth by the Multidisciplinary Evaluation Team (MET). The Teacher Narrative, or a similar form containing the same information, must be used when considering eligibility under any disability category.

1. The Teacher Narrative must be completed prior to the administration of any academic or social/emotional/behavioral assessments. The information gathered from this document should be used by the MET to assist in the selection of assessment instruments in these areas.

2. The Teacher Narrative must be completed by the child’s general education teacher and/or the child’s special education teacher.

3. The Teacher Narrative must document any academic and/or behavioral problems that might affect the child’s performance in an educational setting.

4. The Teacher Narrative must document any interventions and/or accommodations that have been used with the child to address academic and/or behavioral problems.

5. Supporting evidence such as academic and behavioral records that highlight concerns about the child (e.g., State and/or district-wide assessment data, grade reports, attendance records, office referrals, disciplinary actions, universal screening data, Tier intervention records, progress monitoring charts, work samples, behavior intervention plans, etc.) must be collected with the Teacher Narrative.

Classroom Observation

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The Classroom Observation documents an observation by a qualified professional to examine the child’s learning and behavior in a classroom setting, the teacher’s support for the child’s learning and behavior, and the impact of the child’s instructional environment. Direct observations of the child in the classroom should be considered by the Multidisciplinary Evaluation Team (MET) in their determination of eligibility and, if eligible, in the development of an Individualized Education Program (IEP). The Classroom Observation, or a similar form containing the same information, is recommended for use when conducting a comprehensive evaluation or reevaluation for any disability categories but must be used when considering eligibility for Specific Learning Disabilities (SLD).

1. The Classroom Observation must be completed by a professional trained in conducting classroom observations. The specialty/position of the qualified professional who completes the classroom observation should be recorded along with the observer’s signature and the date on the bottom of the form.

2. The Classroom Observation must be conducted in the location(s) and/or during instruction in the subject(s) in which the child is reported to have difficulties. Multiple observations may need to be conducted to ensure that adequate information is gathered to assist in determining eligibility and to provide for quality planning for the child’s IEP, if eligible.

3. The Classroom Observation should be used to document strengths as well as weaknesses of the child and the child’s instructional environment to enable quality planning for the child’s IEP, if eligible.

4. To conduct the Classroom Observation:

a. Before conducting the observation, the observer should record the student information and the area(s) of concern.

b. At the beginning of the observation, the observer should record information about the observational setting including the location, subject(s), and teacher(s) being observed as well as describe the physical environment of the classroom.

c. During the observation, the observer should record narratives of supporting evidence related to each of the learning and behavioral components being observed.

d. At the end of the observation, the observer should rate the amount/quality of evidence supporting each of the learning and behavioral components being observed and complete the observation summary statement.

Environmental/Cultural Differencesand Economic Disadvantage Assessment

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To determine if a child is eligible for special education, the public agency must first rule out cultural differences, environmental differences, and economic disadvantages as the determinant factor affecting the child’s academic or functional performance.

Cultural Differences

Cultural differences are present for any child who is not a member of the dominant culture, even if they are natural-born citizens. When ruling-out cultural differences as the determinant factor, the Multidisciplinary Evaluation Team (MET) should review the disaggregated results of achievement data which compare performance among subgroups (e.g., race/ethnicity, gender) in the district. This disaggregated data might indicate that most children of a particular cultural or ethnic group are achieving at acceptable levels in response to the instruction they are receiving. For example, if a particular child is receiving the same instruction in a similar learning environment but not achieving commensurate with the child’s cultural or ethnic group with similar levels of acculturation, the child’s learning difficulties are unlikely to be due to cultural factors.

Cultural differences affect the learning of children in two ways (Hamayan et.al, 2007). First, culture provides the context for making sense of the world through which all new learning is filtered. The way children and their families understand or interpret educational content or the learning process will vary according to their culture. Second, culture can affect the child’s general level of comfort about his/her place in the school environment. The child’s and family’s level of acculturation should be determined using an acculturation measure as membership in a particular ethnic group or length of time in the U.S. cannot be equated with level of acculturation. Interviews with families will be important to gather information regarding cultural differences and adjustment to the culture of the school, which may be impacting student learning.

Cultural difference considerations include, but are not limited to: Child’s cultural background is different from the (dominant or primary) culture of the school,

community, and/or larger society; Child has had limited experiences in culture of the school; Child has had limited involvement in organizations and activities of any culture.

For more information refer to: Rhodes, R. L., Ochoa, S. H., & Ortiz, S. O. Assessing culturally and linguistically diverse students: A practical guide.

Environmental Differences and Economic Disadvantages

Children who attend a school, as with the general population, will represent a diversity of family compositions, environmental conditions, and socioeconomic groups. When ruling out environmental

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differences and economic disadvantages as the determinant factor, the MET should review the disaggregated results of district achievement test data which compare the performance of children of similar socioeconomic status and race/ethnicity in the district, as well as conducting interviews with the family and collecting developmental histories. Families will play a large role in determining whether environmental or socioeconomic factors play a primary role in a child’s learning difficulties. Family interviews and developmental histories can assist in gathering the necessary information to determine any effects of environmental differences or economic disadvantage.

Environmental difference considerations include, but are not limited to: Patterns of school attendance; Mobility within and across school districts; Extent of social networks and systems of support; Family history that may impact school performance (e.g., divorce, stress, trauma, etc.).

Economic disadvantage considerations include, but not limited to: Family is low income at subsistence level; Child resides in a depressed economic area; Child receives public assistance.

NOTE: Economic factors are to be considered but do not necessarily determine the child’s achievement or lack thereof. Public agencies must recognize that there are cultural/ environmental differences and economic disadvantages among children; however, the public agency must determine that those differences/disadvantages are NOT the determinant factor for the child’s lack of progress in the general education curriculum.

The Environmental/Cultural Differences and Economic Disadvantage Assessment documents the decision of Multidisciplinary Evaluation Team (MET) of whether or not environmental/cultural and/or economic factors are the determinant factor(s) for the child’s educational difficulties. The MET will review all of the information gathered throughout the evaluation process, including the Developmental History, Teacher Narrative, and parent and teacher interviews, for any evidence of environmental/cultural and/or economic factors including differences in opportunity, motivation, and/or attendance that may have impacted the child’s educational performance. The Environmental/Cultural Differences and Economic Disadvantage Assessment, or a similar assessment or a form containing similar information, is recommended for use when conducting a comprehensive evaluation or reevaluation for all disability categories.

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Eligibility Determination Checklists

The eligibility determination checklists are used by the Multidisciplinary Evaluation Team (MET) or Individual Education Program (IEP) Committee to document their determination of eligibility based on a review of the (re)evaluation report(s). Each checklist provides the definition, criteria, and any exclusionary factors for each disability category.

1. For all disability categories, the MET/IEP Committee must first determine that:

The determinant factor for the child’s performance is NOT: Due to a lack of appropriate instruction in reading or math, including the essential components

of reading instruction as defined in section 1208(3) of ESEA; or Due to limited English proficiency or social or cultural difference

The evaluation results SUPPORT the following statements: The preponderance of the evidence supports the need for special education and related

services with any inconsistencies explained. The evaluation is sufficiently comprehensive to identify all of the child’s educational needs,

regardless of whether those needs are typically linked to the disability category. The preponderance of the evidence supports the presence of a disability with any

inconsistencies documented and explained.

2. For individual categories, the MET/IEP Committee must review disability specific criteria. See notes for required and recommended supporting evidence at the bottom of each checklist. Required Criteria: The MET/IEP Committee must provide supporting evidence for each of

these criteria. Optional Criteria (Autism and Other Health Impairment): The MET/IEP Committee must

provide supporting evidence when behaviors are present. Alternate Criteria (Developmental Disability, Language/Speech Impairment): The MET/IEP

Committee must provide supporting evidence of at least one of the multiple routes to determine eligibility for this disability category.

Additional Criteria (Traumatic Brain Injury): The MET/IEP Committee must provide supporting evidence of at least one or more of the additional criteria.

3. For individual categories, the MET/IEP Committee must review and document any exclusionary factors, if applicable.

NOTE: For Specific Learning Disability (SLD), the MET/IEP Committee must specify one or more of the methods for the basis of the determination:

The child’s response to scientific, research-based interventions (RtI); and/or A severe discrepancy between intellectual ability and achievement; and/or Alternative research-based procedures.

Eligibility Determination Report

The Eligibility Determination Report documents the conclusion of the Multidisciplinary Evaluation Team (MET) or Individual Education Program (IEP) Committee regarding their determination of eligibility based on a review of the (re)evaluation report(s) and the completion of one or more eligibility determination checklists, as necessary.

1. At the eligibility determination meeting, the MET/IEP Committee should review the evaluation report(s) to determine areas of impairment or delay. The assessment results must be explained sufficiently to the parent before the determination of the presence of a disability to ensure the parent can actively participate in the decision-making process.

2. The MET/IEP Committee should select one or more eligibility determination checklists, as appropriate, to review the criteria. For an initial evaluation, all possible disability categories based on the evidence should be considered; however, the eligibility determination checklist would only be completed on identified areas using applicable checklists.

3. The MET/IEP Committee should record the date of the meeting.

4. Based upon their review of the evaluation report(s) and the criteria for eligibility, the MET/IEP Committee select the appropriate statement(s) about their determination:

a. If eligibility has been determined, record the disability category in the space provided. If the child has a Language/Speech Impairment that is not the primary disability, record this as a related service. The parent must receive a copy of the Eligibility Determination Report including any Eligibility Determination Checklists completed as part of the meeting. Parents must also receive a Meeting Invitation to develop an Individualized Education Program (IEP) for the child.

b. If eligibility is not supported by the data, record the reasons for not determining eligibility, listing criteria not met and/or exclusionary factors. The parent must receive a copy of the Eligibility Determination Report including any Eligibility Determination Checklists completed as part of the meeting.

Each MET/IEP Committee member, including the parent, must sign the Eligibility Determination Report certifying either agreement or disagreement with the determination. If any member does not agree with the eligibility determination, that member must also submit a separate statement presenting their conclusions to the MET Chair. If the parent disagrees with the determination, they must be informed of their right to request an independent education evaluation (IEE) at public expense as outlined in the Procedural Safeguards.

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LAUDERDALE COUNTY SCHOOL DISTRICT

OFFICE OF SPECIAL SERVICES

CHILD FINDEVALUATION & ELIGIBILITY

ADDITIONAL PROCEDURES

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Preschool and Kindergarten Evaluation Procedures

When an evaluation is requested for a preschooler for whom no existing evaluation or screening data exist, information is obtained through completion of a Developmental History, which includes a checklist of milestones. Based on review of the information, the preschool assessment team must decide whether they suspect a disability.

Preschool- or kindergarten-aged children referred by the MET or First Steps receive a Comprehensive Evaluation completed by a multidisciplinary team following the requirements of IDEA and State Board Policy 7219. All five developmental areas are evaluated, using instruments meeting the requirements of IDEA and the professional standards of the National Association of School Psychologists and the American Speech and Hearing Association.

If norm-referenced, standardized instruments are used for obtaining quotients or developmental ages, but the information is not adequate for programming information, a curriculum-based assessment is also administered.

If a developmental instrument is used, but in-depth information for an area (such as Language/Speech, motor development, or behavior regulation) is needed, the team proceeds with valid and reliable instrument(s) designed to measure the specific area(s).

The Battelle Developmental Inventory-Screener (BDI-S) is used solely for measuring outcomes for preschoolers. Decisions regarding evaluation, eligibility and/or programming are never made based on the BDI Screener. The only children who need the BDI Screener are those who are eligible for services. The BDI Screener is completed after eligibility has been determined, based on information

gathered during the Comprehensive Evaluation.

Hearing, Vision, and Speech Language: Screening Policy

Lauderdale County School District conducts hearing and vision screening without obtaining written parental permission for any student who has not been successful in the general education program as a means of determining whether hearing and/or vision problems are the cause of the student’s lack of success in the educational program. Hearing and vision screenings are conducted by trained personnel using best practices.

Lauderdale County School District conducts annual mass screening of entering kindergarten students. The following areas are screened: Speech/Language (Language, Articulation, Fluency, Voice), Hearing, and Vision.

Mass screening is conducted in Hearing and Vision for 4th graders.

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For mass screening, written parental consent is not required. Follow up for failed hearing and vision is the responsibility of the parents.

For kindergarten students exhibiting speech/language concerns, follow up is the joint responsibility of the parent and the school. If entering kindergarten students appear to be functioning below expectations for their age, the Speech Language Pathologist will give the parent and the teacher activities to promote correct Speech production and improve Language skills. Students who exhibit speech/language concerns will be referred for Tier II, Tier III, and/or consideration by the Multidisciplinary Evaluation Team for comprehensive evaluation, depending on the level of concern.

Mass Screening Procedures

Lauderdale County School District conducts annual mass screening of entering kindergarten students. The following areas are screened: Speech/Language (Language, Articulation, Fluency, Voice), Hearing, and Vision.

Mass screening of Hearing and Vision is conducted in the fourth grade.

For mass screening, written parental consent is not required. Follow up for failed hearing and vision is the responsibility of the parents.

Who is screened and when are they screened?

During pre-registration in the Spring, Lauderdale County School District screens entering kindergarten students.

For entering kindergarten students who do not pre-register, screening is conducted after students enter school in the Fall.

Students who failed hearing and/or vision screening during the Spring, or who exhibited Language/Speech concerns, are re-screened when they enter kindergarten in the Fall.

Fourth grade students receive hearing and vision screening in the fall.

Who conducts the screening and how?

Speech Language Pathologists use an informal screening instrument and observation to screen Speech/Language, including a measure of stimulability.

Trained personnel, such as a nurse or community group, screen Vision utilizing age-appropriate instruments such as a Vision symbol chart or other instrumentation provided by community resources.

Trained personnel, such as a nurse or Speech Language Pathologist, screen Hearing using an audiometer or functional hearing checklist.

What are the follow up activities?

For students who exhibit concerns during the screening, follow-up is suggested to the parents.

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If concerns are noted in any area, parents receive a letter stating the concern(s) with suggested follow-up activities, along with a form(s) for the professional(s) who might conduct follow up.

For hearing and vision concerns, the family is responsible for follow-up. Depending on the level of concern in Speech/Language (Language, Articulation, Fluency,

Voice), the Speech Language Pathologist also makes a referral for Tier II, Tier III, and/or consideration by the Multidisciplinary Evaluation Team.

Speech Language Pathologists give parents activities designed to promote correct Speech production and to improve Language skills for students whose speech and/or language skills appear to be below expectations. The activities are play-based activities and can be incorporated into everyday experiences.

Speech Language Pathologists conduct training and consultative activities with general education teachers regarding expected speech sounds for 5-year old students, typical language development, and voice conservation, as well as activities to promote language and speech development during regular classroom activities.

Surrogate Parent Procedures

Surrogate Parents. LCSD will assign an individual to act as a surrogate for the parents when a child needs a surrogate parent because: No parent (as defined in SBP 7219 § 300.30) can be identified; LCSD after reasonable efforts, cannot locate a parent; The child is a ward of the State under the laws of the State; or The child is an unaccompanied homeless youth as defined in section 725(6) of the

McKinney-Vento Homeless Assistance Act [42 U.S.C.11434a (6)].

When an employee of LCSD determines a child meets the criteria for one of the situations above, they will immediately notify the Director of Special Education. Within thirty (30) days, the Director will:

Determine who enrolled the child in LCSD, and was therefore considered to be acting as the parent;

Make concerted efforts to locate the biological parent; Determine if parental rights have been terminated by a judge; Determine whether a judge has assigned a person to act as a surrogate who meets the criteria

established under IDEA; Determine whether the child is homeless; Determine whether the child is a ward of the state;

Make contact with personnel from the state agency who has been assigned primary responsibility for the care of the child, i.e. the Department of Human Services Social Worker/Case Manager, Department of Corrections, etc.;

Determine whether someone who is not the biological parent otherwise meets the definition of “parent” under IDEA.

When the Director of Special Education of LCSD determines a child needs a surrogate parent, the Director will, within thirty (30) days of learning about the child:

Assign a surrogate parent by contacting a person who: Has agreed to be a surrogate parent, Has been trained in the duties of a surrogate parent,

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Has knowledge and skills sufficient to adequately represent the child, Has no personal or professional conflicting interest between the rights of the child and the

rights of any agency involved in the education or care of the child, Is not an employee of LCSD, although they might receive compensation for acting as a

surrogate.

The LCSD will develop a pool of knowledgeable, skilled, and trained surrogates from which to choose. The pool can include persons who meet the criteria, such as (this list is not exhaustive):

Appropriate staff of emergency shelters, transitional shelters, independent living programs, and street outreach programs who act as temporary surrogates;

Community leaders; Staff and volunteers from churches; Staff and volunteers from civic and community programs like Boys and Girls Club, Rotary Club,

Lions Club, Girl Scouts, Boys Scouts, etc.; Child Advocates; Court Appointed Special Advocates (CASA); Foster Grandparent programs.

LCSD will determine the experience, knowledge and skill level of any person acting as a surrogate and will provide training to ensure they can adequately represent the interests of the child. LCSD will provide training regarding the Policy and Procedure to staff, especially Administrators and Counselors, who are involved in enrolling students in school and are familiar with their living situations, and teachers who have frequent direct contact with families and people acting as the parent.

Reevaluation Procedures

At the beginning of the school year, the MSIS Coordinator prints a list of students who are due for reevaluation during the school year.

The list is organized by school and special education teacher, in chronological order by eligibility date.

Each special education teacher receives a copy of the list of their students due for reevaluation during the school year.

Each facilitator receives a copy of the list of their students. Each psychometrist and SLP receives a copy of the list of their students. The facilitators and psychometrists meet at the beginning of the month to review the list of

students and their current status. The Special Education Teacher will schedule IEP meetings 2 months before the eligibility due

date. The IEP team determines whether additional assessment is needed for each student due for

reevaluation in the next 60 days, in consultation with teachers and the parents who have the right to request additional assessment regardless of the team’s recommendations.

The IEP team writes an evaluation plan and gives the Prior Written Notice, including the evaluation plan, to the parent.

The IEP team attempts to obtain parental consent when additional assessment is needed. The IEP team conducts any assessments needed, after obtaining written parental consent, or

after making numerous attempts in different ways to obtain written parental consent. The IEP team meets to determine eligibility prior to the three-year reevaluation date.

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The facilitator transmits the new eligibility date to the MSIS Coordinator for entry into MSIS. If a three-year timeline is missed, the Special Education Director determines the reason for the

missed timeline. Corrective action can include: Review of all documentation to determine whether students’ names or dates on lists were

incorrect or omitted, Whether meetings took place in a timely manner, Whether the correct people were involved in the meetings, Whether personnel followed up in a timely manner, Whether corrective action plans are needed for individual staff members.

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SECTION 1

APPENDICES

Top 11 Highlights for Child FindMDE Child Find to IEP Flowchart

LCSD Child Find Information SheetLCSD Child Find Request

LCSD MET Documentation Form

Top 22 Highlights for Evaluation and EligibilityMDE Hearing/Vision Screening Report

LCSD Report of Physical Observation (ROPO)MDE Developmental History (Ages 3 to 9)

MDE Developmental History (Ages 10 to 21)MDE Teacher Narrative

LCSD Classroom ObservationLCSD Environmental/Cultural Differences and Economic Disadvantage Assessment

LCSD Eligibility Determination ChecklistsLCSD Eligibility Determination Report

LCSD FERPA Waiver and Student Information Release AuthorizationLCSD Notice of Waiver to Receive Copy of Eligibility Report

LCSD In-School Initial Comprehensive Evaluation ProceduresLCSD Reevaluation Documentation Sheet

LCSD Reevaluation Documentation Sheet Add/Remove Related Services Only

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*Electronic versions of these forms are available on request from the LCSD Office of Special Services, 601-693-1683.

Mississippi Department of EducationOffice of Special Education

PROCEDURES FOR STATE BOARD POLICY

7219VOLUME II

Free Appropriate Public EducationIndividualized Education Program

Least Restrictive EnvironmentExtended School Year Services

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Mississippi Board of EducationDr. John R. Kelly, Chair

Mr. Richard Morrison, Vice-ChairDr. O. Wayne Gann

Mrs. Kami BumgarnerMr. William Harold JonesMr. Charles McClelland

Mrs. Rosemary G. AultmanDr. Karen J. Elam

Mr. Johnny Franklin

State Superintendent of EducationDr. Carey M. Wright

Chief Academic OfficerDr. Kim S. Benton

State Director of Special EducationMrs. Gretchen Cagle

AcknowledgementsThe Mississippi Department of Education Office of Special Education would like to acknowledge the input of the following people in the development of this document: Ann Moore, Former State Director of Special Education

Writing TeamStacy Callender Marie Catherine Jones Desma McElveen

Editing TeamTanya Bradley Keisha Dixon Mona Spells AdouSusan Davis M. April Rice Armerita TellValecia Davis M. Pleshette Smith Sharon Strong CoonStacey Todd Candice Kelly Raymond ReevesJulie Lowery Shannon Boyce Teresa Laney

Review TeamThe Special Education Directors’ Work Group

The Special Education Professional Development Coordinators

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FREE APPROPRIATE PUBLIC EDUCATION (FAPE)

Free Appropriate Public Education

Free Appropriate Public Education (FAPE) means appropriate special education and related services provided at public expense, without cost to the parent, and under public supervision and direction. A FAPE must meet the requirements of the Mississippi Department of Education’s State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act (IDEA) of 2004 (State Board Policy 7219). It is binding on all public agencies who receive payments under Part B of IDEA. A FAPE includes an appropriate preschool, elementary or secondary public education in the child’s Least Restrictive Environment (LRE) as described in Least Restrictive Environment and is provided in conformity with the child’s Individualized Education Program (IEP) that meets the requirements described in Individualized Education Program.

Eligibility for a FAPE

A FAPE must be available to all children who have been determined to be eligible for special education and whose parents reside in the State of Mississippi, including children who: Are between the ages of three (3) and twenty (20) years;

Including children from the date of their third birthday; and Including youth who are twenty (20) years of age on or before September 1st, even if they

will turn twenty-one (21) years of age during the school year; Have been suspended or expelled from school; Are placed by the public agency in a private school or preschool/early childhood program; or Are placed in a residential facility or long-term medical facility.

Special Education Services

Special education is defined as the provision of specially-designed instruction, related services and other accommodations or modifications necessary to meet the unique needs of a child with a

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Public Agency in this document refers to agencies responsible for providing education to children with disabilities including the Mississippi Department of Education (MDE), Local Education Agencies (LEAs), Educational Service Agencies (ESAs), State Schools, State Agency schools, and nonprofit public charter schools that are not a part of an LEA or ESA.

For the purpose of this document, the Local Education Agency is the LAUDERDALE COUNTY SCHOOL DISTRICT (LCSD).

disability. Special education must be provided at no cost to the parents, except in the incidental fees normally charged to nondisabled children and their parents as part of the general education program. A FAPE must be based on the child’s individual needs and not based on a disability category.

Specially Designed Instruction

Specially-designed instruction means adapting, as appropriate, the content, methodology or delivery of instruction to meet the unique needs of a child with a disability. The public agency must ensure the child benefits from his/her education and has access to the general curriculum, to the maximum extent appropriate, so that the child can meet the grade-level educational standards or, in the case of a child with a significant cognitive disability, individually-determined alternate standards. Specially designed instruction may be provided in the classroom, in the home, in hospitals or institutions, in community-based preschool programs and in other settings.

Specially designed instruction includes but is not limited to the provision of: Academic instruction; Speech and/or language instruction; Special and/or adapted physical education; Vocational instruction; Social skills instruction; Organizational skills/strategies; Training in functional living skills; Special and/or adapted instruction in developmental and pre-academic skills; and Extended School Year (ESY) services, if determined necessary by the IEP Committee.

Physical Education means the development of physical and motor fitness, fundamental motor skills and patterns, and skills for specific physical activities (e.g., dance, exercise, individual and/or group games and sports). It also includes special physical education, adapted physical education, movement education and motor development.

Physical education services, specially designed if necessary, must be made available to every child with a disability unless the public agency does not provide physical education to children without disabilities in the same grades. Regular physical education with nondisabled children must be made available to children with disabilities unless the child is enrolled full time in a separate facility.

If the child is unable to participate in regular physical education with modifications, the child must receive specially-designed physical education as described in the child’s IEP. The public agency is responsible for providing these services directly or for making arrangements for these services to be provided through other public or private programs.

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Vocational Education is specialized instruction and practice by qualified personnel in a specific field to prepare children to enter into, continue, or upgrade employment in recognized trades or occupations. These are typically organized educational programs that are directly related to the preparation for paid or unpaid employment or for additional preparation for a career that does not require a baccalaureate or advanced degree.

Social Skills Instruction is specialized instruction to acquire and effectively apply knowledge, attitudes and skills necessary to understand and manage emotions, set and achieve positive goals, feel and show empathy for others, establish and maintain positive relationships, and make responsible decisions.

Organizational Skills Instruction is specialized instruction to acquire and effectively apply knowledge and skills necessary to use organizational tools and routines, to remember assignments and keep track of materials needed for assignments, to manage time effectively, and to create and execute plans.

Functional Living Skills means the development of skills used in daily living, such as, taking care of oneself (e.g., toileting, dressing, bathing, feeding), basic communication (e.g., expressing needs, asking for assistance, engaging in social conversation), and completing household chores (e.g., putting possessions away, setting table, laundry, using vacuum, sweeping). It also includes skills that enable involvement in the community, such as safety skills (e.g., crossing the street, stranger awareness), money management (e.g., recognizing money, making purchases), and pre-vocational tasks (e.g., clerical tasks, cleaning tasks, yard maintenance, stocking shelves).

Developmental and Pre-academic Skills is specialized instruction for children ages three (3) to five (5) years to enable them to be engaged in developmentally appropriate activities now and in the future in a variety of settings, including their homes, schools, and communities, to develop positive social-emotional skills, acquire and use knowledge and skills, and use appropriate behavior to meet their needs.

NOTE: Speech and/or language services may be considered specialized instruction or a related service depending upon whether or not language or speech impairments are considered the child’s primary disability.

Related Services

Related services are developmental services, corrective services, and other supported services required to ensure a child with a disability benefits from special education. The IEP Committee must review all of the evaluation information, to identify any related services the child may need and to include them in the IEP.

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Related services include but are not limited to: Assistive technology services; Audiology services; Early identification and assessment of disabilities; Interpretive services; Medical services for diagnosis or evaluation purposes; Orientation and mobility services; Parent counseling and training; Physical and/or occupational therapy services; Psychological and/or counseling services; Recreation and/or therapeutic recreation services; Rehabilitation counseling; School health services and school nurse services; Social work services in schools; Speech and/or language services; and Transportation services.

This list of related services is not exhaustive. Other developmental, corrective, or supportive services may be required to assist a child with a disability to benefit from special education.

Assistive Technology Device is any item, piece of equipment or product system, whether acquired commercially, modified or customized, used to increase, maintain, or improve the functional capabilities of a child with a disability. Examples include mobility equipment, hearing aids, and augmentative communication devices.

The term does not include a surgically implanted medical device such as a cochlear implant. For surgically implanted medical devices, the public agency must ensure that the external components are functioning properly. The public agency is not responsible for post-surgical maintenance, programming or replacement of such devices or for the replacement of an external component of the surgically implanted device.

NOTE: As hearing aids are assistive technology devices, each public agency must ensure that the hearing aids worn in school by children with hearing impairments are functioning properly. However, it is not the responsibility of the LEA to provide hearing aids at the expense of the LEA.

Assistive Technology Service is any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. Some examples would include: Evaluating the needs of a child with a disability, including functional evaluation of the child in

his/her customary environment; Purchasing, leasing or otherwise providing for the acquisition of assistive technology devices;

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Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing or replacing assistive technology devices;

Coordinating and using other therapies, interventions or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;

Training or technical assistance for a child with a disability or, if appropriate, the child’s family; and Training or technical assistance for professionals, including individuals providing education or

rehabilitation services. This would also include employers or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of the child.

Each public agency must insure that assistive technology devices and/or assistive technology services are made available to a child with a disability, if deemed appropriate by the IEP Committee. School-purchased assistive technology devices may be used in the child’s home or in other settings if determined to be necessary by the IEP Committee and specified on the child’s IEP.

NOTE: IDEA regulations do not relieve any insurer or similar third party from their own obligation to provide or to pay for assistive technology devices and services provided to a child with a disability. For more information, see SBE Policy 7219 §300.154 – Methods of ensuring services.

Early Identification and Assessment of Disabilities may be considered as a related service for an individual child. In situations where the IEP Committee determines that further assessment is needed to identify and assess the nature of a child’s disability for the child to benefit from his or her special education, then this identification and assessment becomes a related service and must be listed in the child’s IEP. For example, if a young child with impairments in functioning meets the criteria for eligibility under Developmental Delay, however, the underlying cause of the delay is not known, additional assessment may be needed to determine the cause and/or any additional services that may be warranted. In these cases, a formal plan should be written to establish the process and procedures by which the IEP Committee will determine the type and extent of services for the child.

Accommodations and Modifications

Accommodations are changes to the environment, instruction and/or assessments to enable children with disabilities to be successful learners and to participate actively with other children in the general education classroom and in school-wide activities. An accommodation is a teaching support or service that a child needs to meet expectations or goals of the general education curriculum. Accommodations do not change what the child learns but rather addresses strategies instructors use to help the child learn and methods the child will use to demonstrate what s/he has learned.

Generally, most accommodations can be grouped into four categories:

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Timing/Scheduling accommodations are changes to the total amount of time allowed or segmenting the task over a larger time frame. Examples include giving a child extended time to complete a task or a test or allowing a child to separate a task into smaller segments completed over several days.

Setting accommodations are changes to the location or environment where a task is to be completed. Examples include completing a test in a quiet room or in a carrel or working with a small group to complete an assignment.

Presentation accommodations are changes to the way instruction is provided. Examples include ensuring that written directions are also provided orally or providing graphic displays to support instruction provided orally. Presentation accommodations may also include accommodations to materials or equipment such as changes to the instructional material provided to the child. Examples include allowing a child to use a calculator or manipulatives to complete a task or using large print materials.

Response accommodations are changes to the way the child demonstrates acquisition of the skill being learned. Examples include the child completing a test orally or using a scribe or the child making an oral presentation/graphic representation/written report to demonstrate knowledge.

Modifications are changes to the environment, instruction and/or assessments for children with disabilities that alter, lower, or reduce expectations for what the child learns. Modifications may change the complexity of the task or reduce the amount of content to be learned. Modifications of the child’s curriculum, activities and/or responses are designed to meet the needs of the child so s/he can participate actively with other children in the general education classroom and school-wide activities; however, this results in child work that is not equal to the work required to demonstrate mastery of grade-level standards.

It may be difficult to determine the difference between an accommodation and a modification. First, you must determine what the child is expected to learn and master. Second, you must determine what changes the child needs to be able to complete the task. Last, you must determine how the change affects whether or not the child can demonstrate similar mastery of the learning expectation as children who do not receive supports. If the change made to the instruction and/or assessment allows the child to demonstrate mastery of the goal, then the change is an accommodation. If the change made to the instruction and/or assessment does not allow the child to demonstrate mastery of the goal, then the change is a modification.

To determine if a change in instruction or assessment practice is an accommodation or a modification, you must consider the intent of the standard. For example, allowing a child to give an oral presentation describing the setting and events in a story instead of producing a written report may be an accommodation for the standard CCRS.ELA-Literacy.RL.4.3 [Describe in depth a

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character, setting, or event in a story or drama, drawing on specific details in the text (e.g., a character’s thoughts, words, or actions)]and a modification for the standard CCRS.ELA-Literacy.W.4.3 [Write narratives to develop real or imagined experiences or events using effective technique, descriptive details, and clear event sequences.]. In the CCRS.ELA-Literacy.RL.4.3 standard, the requirement to “describe” can be demonstrated equally well through an oral presentation or a written report; however, in the CCRS.ELA-Literacy.W.4.3 standard, the requirement specifies that the child will produce a written narrative.

Also note, for any specific standard, both accommodations and modifications can be devised:

Standard Accommodation ModificationCCRS.ELA-Literacy.RL.4.3 Describe in depth a character, setting, or event in a story or drama, drawing on specific details in the text (e.g., a character’s thoughts, words, or actions).

A child is allowed to give an oral presentation describing the setting and events in a story instead of producing a written report.

Given three options, a child identifies an event that occurred in the story.

CCRS.Math.Content.4.G.A.1 Draw points, lines, line segments, rays, angles (right, acute, obtuse), and perpendicular and parallel lines. Identify these in two-dimensional figures.

A child is allowed to use graph paper to assist in drawing angles (right, acute, obtuse) accurately.

A child is provided a picture glossary with images of right angles, acute angles, and obtuse angles to assist in identifying angles on an assessment.

The IEP Committee must review all of the evaluation information, to identify any accommodations and/or modifications the child may need and to include them in the IEP.

Extended School Year

ESY services are special education and related services provided to a child with a disability beyond the typical school year (as set by State law and/or guidelines). Each public agency must ensure that ESY services are available as necessary for a child with a disability to receive a FAPE and to benefit from his/her education. ESY services must be provided in accordance with the child’s IEP and at no cost to the parents. Refer to Extended School Year Services.

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The IEP Committee must consider the need for ESY services at every IEP meeting for all children, ages three (3) through twenty (20) who have a current eligibility, even if the decision to provide the services is not made at that time. The public agency cannot limit these services to specific disability categories or unilaterally limit the type, amount or duration of the services.

NOTE: The determination for the need for ESY should be completed by April 15 th of each school year to facilitate the submission of the ESY Project Application. However, if any child with a disability enrolls in school or will be three (3) years after the April 15th date, the IEP Committee must still consider ESY as a part of FAPE and amend the ESY Project, if necessary.

Program Options or Service Delivery Models to Provide a FAPE

Children with disabilities must be provided special education and related services through a continuum of placement options that allow for the provision of supplementary aids and services. Options for service delivery must be considered by the IEP Committee based on the child’s needs and outlined on the IEP. Refer to Least Restrictive Environment.

Research shows children with disabilities who are included in general education classes have better social and communication skills, higher academic achievement, wider social networks, and fewer behavior problems (National Center on Inclusive Education, 2012). In addition, positive school and post-school outcomes are associated with an increased amount of time children with disabilities spend in general education classes regardless of their disability category, severity of their disability, or socioeconomic status (National Longitudinal Transition Study, 2003; 2005). Placing a child in a general education classroom, however, is not sufficient to ensure the child will be able to successfully participate and learn. Instead, the philosophy of inclusion should be used to guide practices to ensure that children with disabilities genuinely have access to and participate in the general education curriculum.

Inclusion is not a service delivery model but rather a belief system that values diversity and fosters a shared responsibility to help all children to reach their potential.* Different service delivery models (e.g., co-teaching) can be used to foster the successful inclusion of children with disabilities in the general education classroom. The public agency must ensure children with disabilities have access to the general curriculum, to the maximum extent appropriate, so that they benefit from their education.

* Texas Education Agency & Statewide Access to the General Curriculum Network. (n.d.) Co-teaching: A how-to guide: Guidelines for co-teaching in Texas. http://www.esc17.net/users/0209/GuidelinesforCoTeachinginTexas.pdf

Public agencies may use whatever State, local, Federal, and private sources of support that are available in Mississippi to meet the FAPE requirements of the IDEA 2004 regulations (e.g.,

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Medicaid’s Early Periodic Screening Detection and Treatment [EPSDT] program known as Mississippi Cool Kids or School Health Related Services Program, Community Mental Health, private insurance, etc.). Public agencies may use joint agreements among agencies serving children with disabilities to share the costs of providing appropriate services; however, the public agency must ensure there is no delay in implementing a child's IEP in any case in which the payment source for providing special education and related services has not yet been determined. The public agency may not require the parent to sign up for or enroll in public benefits or insurance programs, require parents to incur out-or-pocket expenses such as the payment of a deductible or co-pay, or use public benefits if it decreases available lifetime coverage. The parent cannot be required to pay for services that are covered by the public benefits or an insurance program and that are required for the child outside of the time the child is in school or would increase the premiums or lead to discontinuation of benefits or loss of eligibility/home and community based waivers. The public agency must obtain written parental consent prior to accessing a parent’s or child’s public benefits or insurance.

NOTE: IDEA regulations do not relieve any insurer or similar third party from their own obligation to provide or to pay for services provided to a child with a disability. For more information, see SBE Policy 7219 §300.154 – Methods of ensuring services.

Additional Placement Options Required To Provide a FAPE

At times, a child with a disability may require specialized services and supports that are not available within the local education agency (LEA). In these cases, the LEA must consider additional placement options that may be required to provide the child a FAPE. For more information, see Responsibility for Children, Child Find, FAPE, and IEPs and Public and Private Facilities for Additional Placement Options.

Placement by an LEA

An LEA may place a child with a disability in a private school or residential facility as a means of providing special education and related services. The special education and related services must be provided in accordance with the IEP and at no cost to the parent. The services provided must also meet the standards that apply to education provided by the LEA. These children have all of the rights of a child with a disability who is served by the LEA.

NOTE: Children with disabilities enrolled by their parents in private schools or facilities that meet the definition of elementary or secondary school, including religious schools, may be served by the LEA in which the school or facility is located; however, they are not entitled to receive a FAPE. The LEA is

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responsible for Child Find and for determining whether the child services through equitable participation as outlined on the Service Plan.

Placement Due to Lack of a FAPE in the LEA

If a Hearing Officer determines that an LEA has not made FAPE available to a child with a disability or has not made FAPE available in a timely manner, the parents may place the child in a private school or facility that provides appropriate services. In addition, the Hearing Officer may order the LEA to pay for these services. A Hearing Officer or a court may find the parental placement is appropriate even if it does not meet Mississippi’s standards that apply to public agencies.

Exceptions to a FAPE

The obligation to provide a FAPE does not apply in the following circumstances: Children whose 21st birthday occurs on or before September 1. Children eighteen (18) to twenty-one (21) years who were not identified as a child with a disability

in their last educational placements prior to incarceration. Children with disabilities who have graduated from secondary school with a standard high school

diploma. Children who have been determined through an evaluation to no longer be a child with a disability. Children who move out of state Children whose parent revokes consent for special education and related services.

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REGULATORY REFERENCE§§300.5-300.6; 300.17; 300.34; 300.101-300.110; 300.132-300.139; 300.148; 300.154; 300.513

Responsibility for Children, Child Find, FAPE, and IEPs

Responsibilityfor Child

Child Find(Initial Evaluation) Provision of FAPE Develop, Review

and Revise IEPState Agency Schools (e.g., MSB/MSD)

State Agency School State Agency School State Agency School State Agency School

University-Based Program

University-Based School, if placed by

parentLEA of Residence

University-Based School, if placed by

parent

University-Based School, if placed by

parent

LEA of Residence, if placed by LEA LEA of Residence LEA of Residence, if

placed by LEALEA of Residence, if

placed by LEA

County/Regional Detention Center LEA of Residence LEA of Residence LEA of Residence LEA of Residence

Juvenile Detention Center

Local Sponsoring School District

Local Sponsoring School District

Local Sponsoring School District

Local Sponsoring School District

State Juvenile Correctional Facility

State Juvenile Correctional Facility

State Juvenile Correctional Facility

State Juvenile Correctional Facility

State Juvenile Correctional Facility

State Adult Correctional Facility

State Adult Correctional Facility

State Adult Correctional Facility, if under 18 years of

age

State Adult Correctional Facility

State Adult Correctional Facility

State Adult Correctional Facility

N/A, unless child arrives with Out-of-

State IEP, if 18 years of age or older

State Adult Correctional Facility

State Adult Correctional Facility

State Facilities State Facilities State Facilities State Facilities State Facilities

Private Residential or Day Treatment Facilities

LEA of Residence, if placed by LEA

LEA of Residence, if placed by LEA

LEA of Residence, if placed by LEA

LEA of Residence, if placed by LEA

N/ALEA of Facility

Location, if placed by parent

N/ALEA of Facility

Location, if Service Plan is provided

LEA of Facility Location, if placed by

DHS or court

LEA of Facility Location, if placed by

DHS or court

LEA of Facility Location, if placed by

DHS or court

LEA of Facility Location, if placed by

DHS or court

Private SchoolN/A

LEA of Facility Location, if placed by

parent*N/A

LEA of Facility Location, if Service

Plan is provided

LEA of Residence, if placed by LEA

LEA of Residence, if placed by LEA

LEA of Residence, if placed by LEA

LEA of Residence, if placed by LEA

* The parent may also request an additional evaluation by the LEA of Residence to consider what services would be made available if the child was to enroll in the LEA of Residence to be provided a FAPE. In these cases, the LEA of Residence may ask for a release of records from the LEA where the Private School is located to obtain any educational records, including assessment records, to assist in their evaluation.

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Public and Private Facilities

State Agency Schools County/Regional Detention Centers Private Facilities

MS School for the Blind

MS School for the Deaf

MS School for the Arts

MS School for Mathematics and Science

Alcorn County Regional Correctional Facility

Bolivar County Correctional Facility

Carroll-Montgomery County/Regional

Correctional Facility

Chickasaw County RCF

Holmes-Humphreys County/Regional

Correctional Facility

Issaquena County Correctional Facility

Jefferson-Franklin County/Regional

Correctional Facility

Kemper-Neshoba County/Regional

Correctional Facility

Leake County Correctional Facility

Marion-Walthall County/Regional

Correctional Facility

Winston-Choctaw County/Regional

Correctional Facility

Millcreek Rehabilitation Centers

CARES

Diamond Grove

Park Academy/Olive Branch

Sand Hill Academy

Gulf Oaks Therapeutic Day School

New Learning Resources

Magnolia Speech School

Crossroads School/The Crossing

University-Based Schools

USM The Children’s Center for Communication and

Development

USM Dubard Language School

USM Autism Demonstration

MSU T.K. Martin Center

UMC Children’s Hospital

State Adult Correctional Facilities Juvenile Detention Centers State Facilities

Central Mississippi Correctional Facility

 Mississippi State Penitentiary (Parchman)

 South Mississippi Correctional Institution

Adams County Juvenile Detention Center

Alcorn County Juvenile Detention Center

Desoto County Juvenile Detention Center

Forrest County Juvenile Detention Center

Harrison County Juvenile Detention Center

Hinds County Juvenile Detention Center

Jackson County Juvenile Detention Center

Jones County Juvenile Detention Center

Lee County Juvenile Detention Center

Leflore County Juvenile Detention Center

Lowndes County Juvenile Detention Center

Rankin County Juvenile Detention Center

Warren County Juvenile Detention Center

Washington County Juvenile Detention Center

Yazoo County Juvenile Detention Center

Hudspeth

Ellisville State School

MS Adolescent Center

Magnolia Grove School

East MS State Hospital

MS State Hospital

North MS Regional Center

South MS Regional Center

Lakeside School

Roger Amos McMurtry School / Specialized Treatment Facility

State Juvenile Correctional Facilities

The Youth Offender Unit

Walnut Grove

Williams School

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INDIVIDUALIZED EDUCATION PROGRAM (IEP)

Individualized Education Programs (IEP)

The Individuals with Disabilities Education Act (IDEA) and State Board of Education (SBE) Policy 7219 have established the Individualized Education Program (IEP) as the structure for planning and implementing individualized services and supports for children with disabilities. The IEP is collaboratively written by an IEP Committee, comprised of the parents, the child with a disability (if appropriate), agency representative, and other members as needed. The IEP describes the unique needs of a child, annual goals the child is expected to achieve, and the educational program developed to assist the child. The IEP is a legally-binding document describing the specially designed instruction, related services, and accommodations and modifications needed to provide a child with a disability a Free Appropriate Public Education (FAPE).

The IEP must be designed to: Indicate what the child is expected to be able to achieve within one (1) year; Provide high expectations and educational benefit for children with disabilities; Ensure access to the general education curriculum and standards in the general classroom, to the

maximum extent possible; and Provide effective transition services to promote successful postsecondary experiences including

college and career to prepare children with disabilities to lead productive and independent adult lives.

Responsibility for IEP Development, Review, and Revision

The public agency responsible for providing a FAPE to a child with a disability is responsible for ensuring the development, review, and revision of the IEP for a child with a disability. For most children with disabilities, the responsible public agency will be the Local Education Agency (LEA) of residence. Some children with disabilities may be placed in or attend another public or private educational facility including state agency schools and institutions, private facilities and schools, university-based programs, and correctional facilities. See Responsibility for Children, Child Find, FAPE, and IEPs.

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Public Agency in this document refers to agencies responsible for providing education to children with disabilities including the Mississippi Department of Education (MDE), Local Education Agencies (LEAs), Educational Service Agencies (ESAs), State Schools, State Agency schools, and nonprofit public charter schools that are not a part of an LEA or ESA.

For the purpose of this document, the Local Education Agency is the LAUDERDALE COUNTY SCHOOL DISTRICT (LCSD).

Local Education Agencies (LEA)

The local education agency(LEA) of residence is responsible for the development, review, and revision of the IEP for children with disabilities, ages three (3) through twenty (20) years, who: Reside with a parent or guardian within the boundaries of the LEA; Reside by placement of a court order within the boundaries of the LEA; Reside by placement of a State agency within the boundaries of the LEA, for children who are

wards of the State; Are legally transferred to the LEA as allowed under State law and/or State Board of Education

policies; or Are allowed under the McKinley-Vento Act, for children who meet the definition of homeless.

State Agency Schools and Institutions

A state school or institution that provides educational services is responsible for the development, review and revision of IEPs for children with disabilities, ages three (3) through twenty (20) years, who are placed in the state school or institution.

Private Facilities and Schools

For a child placed in a private facility or enrolled in a private school, the responsibilities for providing a FAPE and an educational plan (i.e., IEP or Service Plan) depend upon which person or entity has placed the child in the private facility or school.

LEA Placement in a Private Facility or Private School. If an LEA determines it is necessary to place a child with disability in a private residential or day program or private school in order to provide the child a FAPE, the LEA must ensure the development, review, and revision of the child’s IEP. The LEA must develop the IEP in consultation with a representative from the private facility or school. The representative from the private facility or school may participate in person, through a telephone conference call, or other allowed methods.

After initial placement, the private facility or school may, at the discretion of the LEA, initiate and conduct a meeting to review or revise a child’s IEP; however, the LEA has the final responsibility for ensuring the development and implementation of the IEP for each child placed in the private facility or school by the LEA. If the private facility or school initiates and conducts the IEP meeting, the LEA must ensure: IEP meetings are conducted in accordance with SBE Policy 7219; and Parents and an agency representative from the LEA are involved in any decisions about the IEP;

and Parents and an agency representative from the LEA agree to any proposed changes before those

changes are implemented.

Parental Placement in a Private Facility or Private School. If a child with a disability is parentally-placed in a private facility or school, the LEA where the private facility or school is located may

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develop a Service Plan for the child if the LEA has determined the provision of equitable services. If the LEA of the private facility’s or school’s location develops a Service Plan, the Plan must be developed in consultation with a representative from the private school or facility. The representative from the private school or facility may participate in person, through a telephone conference call, or other allowed methods.

NOTE: The LEA where the private school or facility is located is responsible for locating, identifying, and evaluating all children with disabilities in those private schools or facilities through Child Find activities. See Chapter 1: Child Find for more information. The LEA may develop a Service Plan for any children who are determined to be eligible and for whom the LEA has determined the provision of equitable services.

DHS or Court Placement in a Private Residential or Private Day Treatment Facility. When a child with a disability who is a ward of the State is placed in a private residential or a private day treatment facility with a school, the LEA in which the private facility is located must participate in and be responsible for the development, review, and revision of the child’s IEP. The LEA must develop the IEP in consultation with a representative from the private facility as well as a surrogate parent appointed by the LEA in which the private facility is located or Court responsible for the placement. The representative from the private facility may participate in person, through a telephone conference call, or other allowed methodsAfter initial placement, the private residential or the private day treatment facility, may at the discretion of the LEA, initiate and conduct a meeting to review or revise the child’s IEP, however, the LEA in which the private facility is located has the final responsibility for ensuring the development and implementation of the IEP for each child placed in the private residential or private day treatment facility. If the private facility initiated and conducts the IEP meeting, the LEA must ensure: IEP meetings are conducted in accordance with SBE Policy 7219; and The surrogate parent and an agency representative from the LEA are involved in any decision

about the IEP; and The surrogate parent and an agency representative from the LEA agree to any proposed changes

before those changes are implemented.

NOTE: The LEA in which the private facility is located is required to determine if a child with a disability requires a surrogate parent and, if so, to assign one. If the child is a ward of the State, the judge overseeing the case may appoint a surrogate parent. This person may serve as the surrogate parent for educational decision-making provided the surrogate parent is not an employee of a public agency responsible for the education and/or care of the child and meets additional criteria described in Volume III: Procedural Safeguards.

University-Based Programs

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For a child placed in a University-Based Program (UBP), the responsibilities for providing a FAPE and IEP depend upon which person or entity has placed the child in the UBP.

LEA Placement in a University-Based Program. If an LEA determines it is necessary to place a child with disability in a UBP in order to provide a FAPE, the LEA must ensure the development, review, and revision of the child’s IEP. The LEA must develop an IEP in consultation with a representative from the UBP. The representative from the UBP may participate in person, through a telephone conference call, or other allowed methods.

After initial placement, the UBP may, at the discretion of the LEA, initiate and conduct a meeting to review or revise a child’s IEP; however, the LEA has the final responsibility for ensuring the development and implementation of the IEP for each child placed in the UBP by the LEA. If the UBP initiates and conducts the IEP meeting, the LEA must ensure: IEP meetings are conducted in accordance with SBE Policy 7219; and Parents and an agency representative from the LEA are involved in any decision about the IEP;

and Parents and an agency representative from the LEA agree to any proposed changes before those

changes are implemented.

Parental Placement in a University-Based Program. If a parent requests to place a child with a disability in a UBP, the UBP must first determine if the LEA of residence has an organized program to serve children of that age and with the child’s disability. If the LEA has such a program, the UBP must explain to the parent that it is prohibited by State

law from duplicating the organized program in accordance with SBE Policy 7208. In these cases, the UBP may not enroll the child unless the child’s IEP Committee decides the placement is appropriate for the child.

If the LEA does not have an organized program for the child, the UBP may accept the parent’s request and assumes all responsibility for the development, review, and revision of the child’s IEP, including all services specified in the IEP.

In the event there is a question as to whether the LEA has an organized program to serve children of that age and with the child’s disability, the UBP staff may contact the MDE staff responsible for the UBP for a decision.

Head Start

Each LEA is responsible for the provision of a FAPE and the development, review and revision of an IEP for any preschool children who attend Head Start and reside in their district. The residence of the child—not the location of the Head Start program the child attends—determines which LEA provides services to the child. Each LEA should have a local interagency agreement with each Head Start program/agency that enrolls children from its district. The interagency agreement should address issues of service provision and the development, review and revision of an IEP with the participation of Head Start personnel, as well as Child Find, evaluation, and eligibility decisions. See Child Find and Evaluation and Eligibility for more information.

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Correctional Facilities

When a child with a disability is located in a juvenile detention center, the sponsoring LEA is responsible for the development, review, and revision of the child’s IEP. The child’s LEA of residence must collaborate in the process by providing the child’s educational record and, as necessary, providing assistance in determining the educational needs of the child in a timely manner.

When a child with a disability is located in a State juvenile correctional facility, the public agency responsible by law for such facilities, i.e., the Mississippi Department of Human Services, is responsible for the development, review and revision of the child’s IEP in accordance with the policies and procedures for IEPs. The LEA of residence must provide the child’s educational records in accordance with confidentiality requirements to assist in the provision of services. See Volume III, Confidentiality for more information.

When a child with a disability is located in a State adult correctional facility, the Department of Corrections is responsible for the development, review and revision of the child’s IEP in accordance with the policies and procedures addressed above. The LEA of residence must provide the child’s educational record in accordance with the confidentiality requirements to assist in the provision of services. See Volume III, Confidentiality for more information.

IEP Committee Participants

The IEP Committee is a team of individuals who work collaboratively to develop, review, or revise the IEP designed to meet the needs of a child with a disability in his/her Least Restrictive Environment (LRE). The IEP Committee must include the parent, the child (if appropriate), at least one general educator of the child, at least one special educator or service provider of the child, and a representative of the public agency. At the discretion of the parent and/or the public agency, other individuals with knowledge or special expertise regarding the child may serve as IEP Committee members. Representatives of other public or private agencies may be invited to participate on the IEP Committee, as appropriate. At least one member of the IEP Committee must be able to interpret the instructional implications of evaluation results. This person may be a member of the child’s Multidisciplinary Evaluation Team (MET) or one of the other members of the IEP Committee.

For each child with a disability, his/her IEP Committee must include: Parent: the biological, adoptive, or foster parent; a guardian authorized to act as the child’s parent

and/or authorized to make educational decisions for the child; an individual with whom the child lives who acts in the place of a biological or adoptive parent; an individual legally responsible for the child’s welfare; or an appointed surrogate parent;

Child: the child with a disability, whenever appropriate and at the discretion of the parent, to ensure s/he actively participates in his/her educational planning;

General Education Teacher: not less than one general education teacher of the child who is knowledgeable of the general education curriculum for the age/grade of the child when the child

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participates in or may participate in the general education curriculum; Special Education Teacher: not less than one special education teacher or service provider of

the child who is responsible for implementing the child’s IEP; and Public Agency Representative: a representative of the district, or a designee, who is qualified to

provide or supervise the provision of special education, is knowledgeable about the general curriculum, and has the authority to allocate resources to provide the services outlined in the IEP.

NOTE: For preschool-age children, the general education teacher must be an individual qualified to teach children of that age in a regular education program. The IEP Committee may include a teacher in a Head Start, public or private preschool classes, public or private Kindergarten, pre-K in the public school, and child development/child care centers.

At the discretion of the parent and/or the public agency, other individuals with knowledge or special expertise regarding the child may serve as IEP Committee members. The parent or public agency who invites the individual to be a member of the IEP Committee determines who has knowledge and special expertise regarding the child. Examples of individuals who have knowledge or special expertise regarding the child may include but are not limited to: After-school care providers, other family members, and/or disability specialists: an

individual with knowledge of the child’s performance outside of the school environment and/or special expertise in the child’s specific disability;

School Counselor, Behavior Specialist, School Psychologist, and/or Clinical or Counseling Psychologist: an individual with knowledge or special expertise in mental health and/or social-emotional development;

Interventionist and/or Academic Specialist: an individual with knowledge or special expertise in reading or math instruction;

Occupational Therapist, Physical Therapist, Rehabilitation Counselor, and/or Mobility Specialist: an individual with knowledge or special expertise in physical development and mobility; and

Pediatrician, Nurse Practitioner, Audiologist, Optometrist, Ophthalmologist, and/or Other Medical Specialist: an individual with knowledge or special expertise in physical health and medical conditions.

NOTE: The inclusion of an attorney as an individual who has knowledge or special expertise regarding the child must be made on a case-by-case basis. The Office of Special Education Programs (OSEP) has strongly discouraged the attendance of attorneys at IEP meetings as the presence of attorneys can contribute to a potentially adversarial atmosphere at the meeting that would not necessarily be in the best interests of the child. In addition, attorneys’ fees may not be awarded relating to any meeting of the IEP team unless the meeting is convened as a result of an administrative proceeding or judicial action, or, at the discretion of the State, for a mediation conducted prior to the request for a due process hearing. For more information, see Letter to Clinton (http://www2.ed/gov/policy/speced/guid/idea/letters/2001-3/clinton072330iep.doc).

Representatives of other public or private agencies may be invited to participate on the IEP Committee as appropriate. These representatives may include but are not limited to:

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Part C Service Coordinator or Service Provider: the Part C Service Coordinator or a service provider of the child, invited at the discretion the parent;

University-Based Program Representative: a representative of the university-based program when the school places a child in the program;

Private School Representative: a representative of the private school in which the child is enrolled;

Private Facility Representative: a representative of the private facility in which the child resides or is enrolled; and

Transition Agency Representative: a representative of any public agency that may be responsible for assisting with or providing transition services for children with disabilities fourteen (14) years of age, or younger if appropriate.

NOTE: The name of any representative and his/her agency must be included on the Notice of Invitation to Committee Meeting for the IEP Committee meeting.”

IEP Committee Meetings

The IEP Committee meeting functions as the main method for communication among the IEP Committee members allowing them to make informed decisions jointly as equal partners in determining the special education and related services, supplemental aids and services, program modifications and accommodations, and supports for school personnel necessary to provide the child a FAPE and what constitutes the child’s LRE.

The IEP Committee is responsible for ensuring the child: Participates in the general curriculum and extracurricular activities to the maximum extent

appropriate with his/her non-disabled peers; Is offered the same rigorous opportunities as general education children and is held accountable

for meeting appropriate age-/grade-level expectations; Has measurable annual goals that address the child’s educational needs affected by the disability

and are linked to appropriate State standards; Benefits from the educational program; and Is being prepared for college, careers, and life beyond the completion of high school.

When an IEP Committee Meeting Is Required

The IEP Committee must hold a formal IEP Committee to make the following decisions: To develop the child’s initial IEP, including annual goals, short-term instructional objectives or

benchmarks, services and supports, secondary transition plans, and behavior support plans and to determine the child’s LRE and need for Extended School Year (ESY) services;

To make significant changes to the child’s IEP based on the results of formal assessment or reevaluation (e.g., adding a Behavior Intervention Plan (BIP) program modification based on the results of a Functional Behavior Assessment (FBA)), due to changing needs or situations (e.g., considering a more restrictive environment or determining the child should participate in a Subject

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Area Alternative Assessment after successfully completing a subject area course but failing the related Subject Area Test), due to insufficient progress on his/her annual goals (e.g., deciding to increase the amount or type of services provided), or due to a request from a parent, teacher, or other IEP Committee member to meet to review and/or revise the IEP;

To discuss disciplinary actions or conduct a Manifestation Determination Review (MDR); To develop an IEP before the public agency places the child in a private school/facility; and To review and revise the child’s IEP, at least once annually.

When an IEP Committee Meeting Is Not Required

The IEP Committee may review data about the child’s performance collaboratively and make minor changes to the IEP without a formal IEP Committee meeting. When conducting a reevaluation, the IEP Committee may opt to review existing data without a

meeting to determine if there is a need to collect additional data to establish continued eligibility and to determine appropriate service. If a meeting is not held, each IEP Committee member, including the parent, must be given the opportunity to review all existing data and information. See Vol. I: Evaluation and Eligibility, for more information.

If the IEP needs corrections or minor changes between annual meetings, the IEP Committee may agree to amend the IEP without a meeting as long as (1) the changes and the parent’s and public agency’s agreement to the changes are in writing and (2) every member of the IEP Committee is informed of the changes. See IEP Amendment Form.

NOTE: Changes to the IEP made without a meeting may not involve a redrafting of the entire IEP and may not be substituted for holding an annual meeting. If there is any confusion on whether or not a meeting is necessary to make the changes desired, the public agency is recommended to err on the side of caution and to hold an IEP Committee meeting.

Requesting an IEP Committee Meeting

Although the public agency must call a meeting to address the development of and changes to the IEP as described in When an IEP Committee Meeting Is Required, the parent may also request an IEP Committee meeting to request changes to the child’s IEP (e.g., changes to special education and related services, annual goals, placement, etc.) to ensure s/he is provided a FAPE. As there is not maximum number of IEP Committee meetings to develop or revise an IEP to meet a child’s needs, the public agency must grant any reasonable request for such a meeting and should hold the meeting within a reasonable time frame of the request. If the public agency refuses to convene an IEP meeting requested by the parent, the public agency must provide the parent a written notice with an explanation of why the public agency has determined the meeting to be unnecessary to provide the child a FAPE. The parent may dispute this decision using dispute resolution procedures. See Vol. III: Dispute Resolution for more information.

If another member of the IEP Committee feels an IEP Committee meeting is needed to address changes to the child’s IEP (e.g., changes to placement or services) to ensure the provision of a FAPE, the IEP Committee member may request an IEP Committee meeting according to the policies

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of the public agency to which the IEP Committee member belongs.

Calling an IEP Committee Meeting

When calling an IEP Committee meeting, the public agency must schedule the meeting at times and locations to enable the IEP Committee members, including the parent, to participate. The parent must be given a Notice of Invitation to Committee Meeting, or a similar form, that includes: A list of who will be in attendance by name and position, including any legal representative(s) and

his/her law firm; A statement that the parent or public agency may invite other individuals who have knowledge or

special expertise regarding the child; and The time, location, and a description of the purpose of the meeting.

Parent Participation

The public agency must undertake efforts to ensure the parentis given the opportunity to participate in any meeting to develop or revise the child’s IEP. First, the public agency must find mutually-agreed times and locations for the IEP Committee meeting. The meeting may be rescheduled to another time and/or location to accommodate the parent provided the timelines for meetings are not violated, including the thirty (30) day timeline to develop the IEP after the determination of eligibility and an annual IEP Committee meeting to review and revise the IEP.

Second, the public agency must notify the parent of any IEP Committee meeting early enough to ensure s/he has an opportunity to make arrangements to attend the meeting. The public may need to use multiple methods to notify the parent (e.g., written notices, emails, telephone calls, and personal visits) to ensure the parent is aware of the IEP Committee meeting. In addition, the public agency must document all of its efforts to notify the parent of the IEP Committee meeting and the results of those efforts. Files must be maintained on (a) detailed records of any telephone calls made or attempted and the results of those calls; (b) copies of any correspondence sent to the parents and any responses received; and (c) detailed records of any visits made to the parent’s home or place of employment and the results of those visits.

Third, if the parent is unable to attend the IEP Committee meeting in person, alternate means must be offered to allow the parent to participate, such as video conferences or conference calls. If the parent is still unable to participate, the remaining members of the IEP Committee may meet; however, the parent must be notified of the outcomes of the meeting and a Prior Written Notice, or similar form, must be provided to the parent before any changes determined during the meeting are implemented.

The public agency must also ensure the parent can actively participate during the IEP Committee meeting. The public agency must provide an interpreter for a parent who is deaf or a translator for a parent whose native language is not English if needed to ensure the parent can understand the proceedings of the meeting and is able to participate in any group discussions related to the educational decisions for their child.

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Participation of a Child with a Disability

A child with a disability should be provided the opportunity to participate in meetings to develop or revise their IEP if the parent determines this is appropriate. The public agency must inform the parent of his/her right to invite the child to attend the IEP Committee meeting. A child who is fourteen (14) years of age, or younger if appropriate, must be invited via written notice to participate in any meeting to develop a secondary transition plan, including the consideration of postsecondary goals and transition services. If the child does not attend the IEP Committee meeting, the public agency must ensure the child’s preferences and interests are considered in the development of the secondary transition plan.

Excusal of IEP Committee Members

Any IEP Committee member may be excused from an IEP Committee meeting, in whole or in part, only if the parent and the public agency agree in writing. If the excused member’s curricular or service area is to be addressed, s/he must provide written input for the development of the IEP to the IEP Committee, including the parent, prior to the meeting for which s/he was excused. This input may include: Interpretations of data from assessment(s) and/or progress monitoring; Recommendations on measureable annual goals, services, and/or supports; Recommendations on participation in State-wide assessments and/or accommodations; Recommendations on postsecondary goals, secondary transition services, and/or exit options; Considerations on placement and the child’s Least Restrictive Environment (LRE); and/or Recommendations on the need for Extended School Year (ESY) services.

The parent and the public agency may use the Excusal of IEP Committee, or a similar form, to document their agreement and the written input, if required.

NOTE: If the public agency representative is excused, another IEP Committee member who is in attendance must have the authority to obligate the public agency to the decisions of the IEP Committee. If a representative of a public agency responsible for assisting with or providing transition services does not attend, efforts must be made to obtain participation from the agency in transition planning and must be documented in the IEP under transition services.

Substituting IEP Committee Members

Some IEP Committee members may be substituted (e.g., the general education teacher or public agency representative) provided the substituted person is able to serve the same role and is equally knowledgeable of the child and content area/specialty as the person originally scheduled to attend. For example, if the general education reading teacher of a child with deficiencies in reading cannot attend the IEP meeting, another general education teacher who is highly-qualified in reading for the child’s grade would be an appropriate substitute—not a general education teacher who is highly-qualified in math. See IEP Committee Participants for more information about the roles each member is to play.

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Conducting an IEP Committee Meeting

The IEP Committee meeting must be conducted by an IEP Committee member (e.g., the public agency representative or special education teacher) or an assigned facilitator. Decisions of the IEP Committee are to be made by consensus. If the parent or public agency feels that, due to present or previous disagreements, the IEP Committee will need assistance in reaching consensus, the parent or public agency may request a facilitator to be provided by the Mississippi Department of Education (MDE). In addition, the parent or the public agency may choose to record IEP Committee meeting provided the other party is notified at least twenty-four (24) hours prior to the IEP Committee meeting.

The public agency must provide the parent a copy of the Procedural Safeguards Notice at least once annually. At subsequent IEP Committee meetings the parent may waive their right to be provided the Procedural Safeguards Notice. However, during any IEP Committee meeting, the public agency must assist the parent in understanding his/her and her/his child’s rights as described in the Procedural Safeguards Notice. In addition, the public agency must assist the parent in understanding the IEP developed for his/her child.

Following an IEP Committee Meeting

Following the IEP Committee meeting, the public agency must provide the parent a copy of the IEP as developed at the meeting and a Prior Written Notice, or a similar form, of any proposed changes or refused changes with justifications. The Prior Written Notice must be given to the parent whenever a change is made to the IEP or upon request.

NOTE: The copy of the IEP must be provided to the parent at no cost.

In addition, each general education teacher, special education teacher, related service provider, and any other service provider responsible for implementing any portion of the IEP must be provided access to the complete IEP and be informed of his/her specific responsibilities in implementing the IEP, including the provision of any services, accommodations, modifications, and supports to provide the child a FAPE.

IEP Development

The IEP is a legally-binding document describing the specially designed instruction, related services, and accommodations and modifications needed to provide a child with a disability a FAPE.

In developing a child’s IEP, the IEP Committee must consider: The strengths of the child; The concerns of the parents for enhancing the education of the child; The results of the initial or most recent evaluation of the child;

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The expectations for children, including age-/grade-level academic standards; and The academic, developmental, and functional needs of the child.

Components of the IEP

The IEP must contain the following data-informed components: The child’s Present Levels of Academic Achievement and Functional Performance (PLAAFP); Measurable Annual Goals and Short-Term Instructional Objectives/Benchmarks (STIO/Bs); Special Considerations for Communication and Assistive Technology; Special Considerations for Behavior (as needed); Services for Children who are Blind or Visually Impaired, Children who are Deaf or Hearing

Impaired, and Children with Limited English Proficiency (as needed); Special Education and Related Services; Instructional Accommodations and Program Modifications (as needed); Determination of whether or not the child meets the criteria for a Significant Cognitive Disability

(SCD); Determinations of how the child will participate in State-Wide Assessments, including any

Accessibility Features and/or Accommodations to be used; Secondary Transition Goals and Services and Interagency Linkages to provide those services (as

required); The child’s Exit Option and Course of Study (as required); Determination of the child’s Least Restrictive Environment; and Determination of the child’s need for Extended School Year (ESY) Services and, if needed, the

ESY Services, Goals, STIO/Bs The MDE requires public agencies to use the Individualized Education Program Form. See IEP Development Guidance for guidance on developing the IEP document.

NOTE: For a child with a disability ages three (3) to five (5) years [or age two (2) years who will turn three (3) during the school year], the IEP Committee must consider using an Individualized Family Service Plan (IFSP) as the IEP of the child provided it is developed with the IFSP content, including the natural environments statement, and in accordance with the IEP procedures, including educational components that promote school readiness and incorporates pre-literacy, language, and numeracy skills for children who are at least three (3) years of age. If after providing the parent a detailed explanation of the differences between an IFSP and an IEP, the public agency and the parent agree to use an IFSP as the IEP, the public agency must obtain written informed consent from the parent.

Standards-Based IEPs

The IEP Committee must develop the IEP using the currently adopted general or alternate State grade-level academic standards. The MDE requires public agencies to use the Standards-Based IEP

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process outlined in the IEP Development Guidance in conjunction with the Individualized Education Program Form.

Implementing the IEP

In order to provide FAPE to all children with disabilities, public agencies are required to have an IEP in effect for each child ages three (3) through twenty (20) years with a disability: Immediately upon the development of the initial IEP; Immediately upon the adoption or development of an IEP for a child who transfers into the public

agency; At the beginning of each school year; and By the child’s third birthday for children transitioning from Part C (First Steps) services.

Initial IEP

For any child who has been determined to be a child with a disability, the public agency must hold an IEP Committee meeting to develop an initial IEP within thirty (30) days of making this determination. The IEP Committee must develop the IEP collaboratively with input from the parent. After the IEP document is developed, the public agency must make reasonable efforts to obtain informed parental consent in writing for the provision of services. The public agency must assist the parent in understanding the services, supports, and other provisions in the IEP before obtaining this permission for initial provision of services. To provide written parental consent for services, the parent must sign under Written Parental Permission for Initial Placement on the IEP Form. Once the public agency receives written parental consent for services, the IEP must be implemented immediately, without delay.NOTE: For children determined to be eligible during the summer months, the IEP Committee must develop an IEP within thirty (30) days and consider the need for ESY services. If appropriate, these ESY services must be provided.

In-State Transfers

For any child with an IEP in effect who transfers from one in-State public agency to another in-State public agency during the school year, the new public agency, in consultation with the parent, must provide the child comparable services based on the child’s current IEP until: The new public agency adopts the child’s current IEP from the previous public agency-OR- The new public agency develops and implements a new IEP.

Out-of-State Transfers

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For any child with an IEP in effect who transfers from an out-of-State public agency to an in-State public agency during the school year, the new public agency, in consultation with the parent, must provide the child comparable services based on the child’s current IEP until: The new public agency conducts a comprehensive evaluation using the initial evaluation

procedures (See Volume I: Evaluation and Eligibility for additional information on these procedures) to determine eligibility according to SBE Policy 7219 criteria-AND-

If eligible, the new public agency develops and implements a new IEP.

NOTE: If the child has sufficient existing data that falls within the definition of current according to Volume I: Evaluation and Eligibility, Existing Records, the Multidisciplinary Evaluation Team (MET)/IEP Committee may conduct a comprehensive evaluation without collecting new data and make the eligibility determination using this data.

IEP at Transition from Part C to Part B

For any child who receives services through Part C Early Intervention (First Step) services who has been determined to be eligible for and will be transitioning to Part B 619 (Preschool) services, the public agency must develop and implement an IEP by the child’s third birthday. If the child’s third birthday occurs during the summer, the IEP Committee must consider the child’s need for ESY services. If appropriate, these ESY services must be provided.

NOTE: If the public agency receives a late notification of a child transitioning from Part C to Part B (i.e., less than ninety (90) days before the child’s third birthday), the public agency is not required to complete the evaluation, determine eligibility, and develop and implement the IEP by the child’s third birthday. However, the public agency must continue to meet the sixty (60) day timeline for conducting an evaluation, the fourteen (14) day timeline for determining eligibility, and the thirty (30) day timeline for developing and implementing the IEP. See Volume I: Evaluation and Eligibility for information about evaluation and eligibility determination timelines.

Parental Consent for Services Not Provided

If the parent fails to respond to the public agency’s efforts to obtain consent or if the parent refuses to provide consent for special education and related services, the public agency is not considered to be in violation of the requirement to provide the child a FAPE. The public agency may not use dispute resolution procedures (e.g., mediation or due process) to obtain consent nor is the public agency required to convene an IEP Committee meeting or develop an IEP.

NOTE: The parent may choose not to sign the IEP at the IEP Committee meeting because s/he wants more time to consider the proposed services on the drafted IEP or due to a disagreement over the disability category (but not disability status). This does not mean the parent is refusing services altogether or the child should no longer be considered a child with a disability. See Volume III: Chapter 7: Procedural Safeguards for more information about parental consent.

Review and Revision of IEP99

Although the IEP is a legally-binding document, it is also living document that may be changed as often as needed to meet the unique needs of the child and to ensure the child benefits from his/her education. The IEP must be updated at least once annually; however, there is no limit to the number of IEP Committee meetings or IEP changes that may occur throughout the year.

A review and/or revision of the IEP may occur for the following purposes: To determine whether the annual goals have been achieved and to revise the IEP if additional

goals are needed or if a lack of expected progress toward the annual goals and/or in the general education curriculum is found;

To review and revise the child’s postsecondary goals, as needed, and to determine whether the child is making sufficient progress to achieve these postsecondary goals and/or if revisions to the type or amount of transition services are needed;

To determine whether any additional assessments are necessary and/or to incorporate the results of any assessments conducted;

To review any new information about the child provided to, or by, the parent; and To address the child’s new academic, developmental, and functional needs.

Annual Review

The IEP Committee must review and/or revise each child’s IEP at least once each year, on or before the date of the last annual review. The IEP Committee may conduct the annual review meeting anytime throughout the year, as long as the twelve (12) month timeframe is met and the IEP is in effect at the beginning of the school year. During the annual review meeting, the IEP Committee must consider and update each section of the IEP as appropriate. Following the IEP Committee meeting, the public agency must provide the parent a copy of the new IEP and a Prior Written Notice, or a similar form, of any proposed changes or refused changes with justifications. In addition, every member of the IEP Committee and every service provider responsible for implementing the IEP must be informed of any changes.

NOTE: The IEP Committee Meeting Date and Projected Date of Annual Review recorded on the first page of the IEP should be updated.

Revisions or Amendments Between the Annual Review

The IEP Committee may choose to conduct reviews, revisions, or amendments to a child’s IEP of a more limited scope that are not considered an annual review. These changes may occur with or without an IEP Committee meeting. See When an IEP Committee Meeting Is Required and When an IEP Committee Meeting Is Not Required to determine if a meeting is required. If an IEP Committee is held, the meeting and changes should be recorded in the Additional IEP Meetings to Review, Revise, or Amend the IEP and Summary of Revision sections of the IEP. If the IEP Committee decides to amend the IEP without a meeting, the parent and the public agency must agree to the process and the amendments in writing. The IEP Amendment Form, or a similar form, may be used to document this process and agreement. In addition, changes may be recorded in the Summary of Revision

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section of the IEP. Following any revision or amendment to the IEP, the public agency must provide the parent a copy of the new IEP and a Prior Written Notice Prior Written Notice, or a similar form, of any proposed changes or refused changes with justifications. Every member of the IEP Committee and every service provider responsible for implementing the IEP must be informed of any changes.

NOTE: The purpose, date, and attendees of the IEP Committee meeting should be recorded on the second page of the IEP; however, the IEP Committee Meeting Date and Projected Date of Annual Review recorded on the first page of the IEP should not be updated.

Access to the IEP Document

Accessibility of IEP

Each general education teacher, special education teacher, related service provider, and any other service provider responsible for implementing any portion of the IEP must be provided access to the complete IEP and be informed of his/her specific responsibilities in implementing the IEP, including the provision of any services, accommodations, modifications, and supports to provide the child a FAPE.

Transmittal of RecordsWhen a child transfers from one public agency to another, the new public agency must take reasonable steps to obtain the child’s records promptly from the previous public agency. Records include the child’s IEP and any supporting documents or other records relating to the provision of special education or related services to the child. The previous public agency must take reasonable steps to promptly respond to the request from the new public agency.

Educational Benefit

In the landmark decision of Board of Education v. Rowley, the U.S. Supreme Court noted that while The Education for All Handicapped Children Act of 1975, a precursor to The Individuals with Disabilities Education Act (IDEA), does not require States to develop IEPs that “maximize the potential of each handicapped child,” it does requires them to “identify and evaluate handicapped children, and to provide them with access to a free public education.” The U.S. Supreme Court further noted that the purpose of these services was to provide children with disabilities access to a FAPE, defined as “access to specialized instruction and related services which are individually designed to provide educational benefit to the handicapped child.”

As a result, the U.S. Supreme Court held that in order to satisfy the FAPE requirement the personalized instruction and services provided to children with disabilities must: Be provided at public expense; Meet the State's educational standards;

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Approximate the grade levels used in the State's regular education (i.e., in Mississippi, this would be Kindergarten through 12th grade, including preschool and secondary education to twenty-one (21) years, unless the child turns twenty-one (21) years on or prior to September 1st); and

Be delivered in the LRE according to the child's IEP.

Furthermore, to receive a FAPE, a child’s IEP should not only be procedurally compliant but also should enable the child to benefit from the education in the LRE. For example the IEP for a child with a disability who is educated in the regular classroom should enable the child to be successful in the regular education environment. Although it is difficult to determine how much progress the child should make to be able to demonstrate sufficient educational benefit, the U.S. Supreme Court cited evidence such as achieving passing marks, advancing from grade to grade, and graduating. For children who are not able to be educated in the regular classroom, subsequent decisions have emphasized the provision of a full continuum of alternate settings that are selected individually for the child based on his/her unique needs and enabling the child to progress in not just academic learning, but also in socialization, adaptive/functional skills, language/communication, and appropriate behavior.The subsequent IDEA and State Board Policy 7219 have further expounded upon the requirements of FAPE and content to be included in the IEP. This includes: Having high expectations for all children; Ensuring children with disabilities have access to the general education curriculum and standards

in the general classroom to the maximum extent possible; Preparing children with disabilities to lead productive and independent adult lives; and Providing effective transition services to promote successful post-school employment or

education.

See Free Appropriate Public Education and: IEP Development Guidance for more information about the requirements for FAPE and the IEP.To ensure educational benefit, the IEP Committee must: Systematically develop and monitor progress for a child’s IEP for each year; Evaluate the overall outcomes of the IEP at the annual review; and Periodically monitor the collective outcomes over multiple years.

To ensure the child benefits from his/her annual educational program, the child’s IEP must be developed using a data-driven process: First, consider the child’s grade-level or alternate standards and determine the child’s level of

functioning relative to these standards; Second, using available data, identify the child’s educational needs in the PLAAFP; Next, using the PLAAFP as the baseline, develop measureable annual goals and STIO/Bs

designed to help the child make progress on grade-level or alternate standards; Then, select the services and supports necessary for the child to attain her/his goals; Finally, monitor the child’s progress, making adjustments as needed.If the child benefits from each annual IEP, the IEP Committee should be able to track growth trends from year to year, seeing progress not only on goals but in access to the general or alternate education curriculum. See Educational Benefit Flowchart.

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The IEP Committee may use the Educational Benefit Checklists to: Evaluate a newly developed IEP (New IEP Checklist); Evaluate the outcomes from a previous IEP (IEP Annual Review); Evaluate the educational benefit for a child over a three-year time period (IEP Educational Benefit

3 Year Review).

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REGULATORY REFERENCE§§300.116; 300.320-300.324

Excusal of IEP Committee Member

The Excusal of IEP Committee Member documents the agreement of the parent and the public agency to excuse a required IEP Committee member, in whole or in part, from an IEP Committee Meeting. It should be used to notify the members of the IEP Committee of the expected absence of a member, to secure written agreement for the absence from the parent and the public agency, and to document any information that must be shared prior to the IEP Committee meeting from the excused member whose area will be discussed. The Excusal of IEP Committee Member, or a similar form containing the same information, should be used when a member of the IEP Committee is to be absent from all or part of any IEP Committee meeting.

1. The Excusal of IEP Committee Member must be completed prior to the IEP Committee meeting in which an IEP Committee member is requesting to be excused.

2. The IEP Committee member requesting to be excused records the child’s Personal Data, the IEP Committee meeting information (e.g., time, date, and location), and name of the member requesting to be excused. In addition, the IEP Committee member checks the respective boxes to indicate his/her role, amount of the meeting from which to be excused, and whether or not her/his curricular or service area will be addressed in the meeting. NOTE: If the public agency representative is excused, another IEP Committee member in attendance must have the authority to obligate the public agency to the decisions of the IEP Committee.

3. If the IEP Committee member’s curricular or service area will be address in the meeting, the IEP Committee member must compose written input for the development of the IEP and attach it to the form. The IEP Committee member indicates the type of input attached by checking the appropriate boxes under Written Input for the Development of the IEP Attached.

4. The IEP Committee member requesting to be excused forwards the form to a public agency representative. The public agency representative completes the Public Agency Agreement to Excuse IEP Committee Member section by checking one box that represents the public agency’s agreement or disagreement of the excusal.

a) If the public agency representative does not agree to excuse the member, the form is returned to the IEP Committee member to either attend or reschedule the meeting.

b) If the public agency representative does agree to excuse the member, the form is forwarded to the parent.

5. The parent completes the Parent Agreement to Excuse IEP Committee Member section by checking the boxes for both assurance statements and checking one box that represents the parent’s agreement or disagreement of the excusal. The parent returns the form to the public agency to require the IEP Committee member to either attend or reschedule the meeting.

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IEP Amendment Form

The IEP Amendment Form is used to document amendments made to the IEP without holding an IEP Committee meeting. These changes are more limited in scope than a complete revision of the IEP and are not considered part of an annual review. The IEP Amendment Form, or a similar form containing the same information, should be used to document the parent and the public agency’s agreement to the amendment process and the specific amendments made.

1.

Either the special education teacher or the agency representative records the child’s personal data and completes the Proposed Amendment section. The public agency representative and/or special education teacher signs Public Agency Agreement to Amendment section to indicate the public agency’s agreement to the proposed amendment.

2. The public agency forwards the form to the parent. The parent completes the Parent Agreement to Amendment section by checking one box that represents the parent’s agreement or disagreement to the proposed amendment and signs the form. The parent may also include alternate language in place of the proposed amendment or make a comment. The parent may also request an IEP Committee meeting to discuss the proposed amendment.

3. The parent returns the form to the public agency: If both the public agency and the parent agree to the amendment as written, the

amendment will be incorporated into the IEP and implemented on the listed implementation date.

If either party fails to provide agreement to the amendment, the amendment must not be implemented. A new amendment form with a revised proposed amendment may be attached and sent through the process again.

4. Once the language of an amendment is agreed upon, the public agency must provide the parent with a revised copy of the amended IEP and a Prior Written Notice, or a similar form, of any proposed changes or refused changes with justifications.

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The IEP Committee may review data about the child’s performance collaboratively and make minor changes to the IEP without a formal IEP Committee meeting. When conducting a reevaluation, the IEP Committee may opt to review existing data

without a meeting to determine if there is a need to collect additional data. If the IEP needs corrections or minor changes between annual meetings, the IEP

Committee may agree to amend the IEP without a meeting as long as: The parent and the public agency agree to the process and the amendments in

writing and Every member of the IEP Committee is informed of the changes.

Record Information“What information is included in the child’s IEP or in other records?”

Present PerformanceNeeds

Goals and ObjectivesServicesProgress

Analyze Relationships“Is there a clear relationship between the needs identified, the goals and objectives developed and the services provided?”

Needs to GoalsServices to Goals

Discuss Overall Educational Benefit Questions“Was the child’s program reasonably planned to result in educational benefit?”

Modified from San Joaquin County Office of Education, Stockton, CA

Compare to Prior Year“Are subsequent goals and services consistent?”

“Are there any patterns to the program planned for the child?”Needs to Goals

Services to GoalsSummarize IEP Contents

Discuss any Trends

Educational Benefit Flowchart

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Educational Benefit Checklists

The Educational Benefit Checklists can be used to evaluate the development of a new IEP, to evaluate the outcomes of an IEP at an annual review, or to evaluate the educational benefit of a child’s educational program over a three (3) year period.

Educational Benefit Checklist: New IEP Checklist

To evaluate a newly developed IEP, the IEP Committee should collect the evaluation report and the newly developed IEP:

1. Review the evaluation report and any evaluation data. a. Indicate yes (Y) or no (N) for any area that was assessed.b. Indicate yes (Y) or no (N) for any area in which a need was identified.

2. Review the newly developed IEP:a. Indicate yes (Y) or no (N) for any identified need that was included in the PLAAFP.b. Indicate yes (Y) or no (N) for any need in the PLAAFP for which a goal was developed.c. Indicate yes (Y) or no (N) for any goal for which services and supports are targeted.

3. Review the results of each column and each row:a. Indicate yes (Y) or no (N) if all of the areas (i.e., physical, communication, adaptive, social-

emotional, and academic/cognitive) have assessments indicated.b. Indicate yes (Y) or no (N) if all of the child’s needs across all of the areas (i.e., physical,

communication, adaptive, social-emotional, and academic/cognitive) were identified in the evaluation.

c. Indicate yes (Y) or no (N) if all of the child’s needs identified in the evaluation were written in the PLAAFP.

d. Indicate yes (Y) or no (N) if all of the child’s needs listed in the PLAAFP have a corresponding goal.

e. Indicate yes (Y) or no (N) if all of the goals have corresponding services and supports.

4. Revise the IEP as needed to ensure educational benefit.

Educational Benefit Checklist: IEP Annual Review

To evaluate the outcomes from an IEP, the IEP Committee should collect the implemented IEP, including any revisions, any records of service delivery, and any progress notes:

1. Review the progress notes and the current IEP. a. Indicate yes (Y) or no (N) if current areas of need, including any new areas of need identified

over the year, are accurately reflected in the current PLAAFP.

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2. Review the IEP and any service delivery notes:a. Indicate yes (Y) or no (N) if the services and supports listed on the IEP were implemented with

the frequency, duration, and intensity listed on the IEP.

3. Review the IEP, including and revisions, and the progress notes:a. Indicate yes (Y) or no (N) if the child attained the annual goal.b. Indicate any changes (services/supports and/or goals) that occurred over the year due to lack

of progress.

4. Review the results of each column and each row:a. Indicate yes (Y) or no (N) if all of the child’s current needs are in the PLAAFP?b. Indicate yes (Y) or no (N) if all services and supports were implemented as written?c. Indicate yes (Y) or no (N) if the child attained all of his/her goals?d. Indicate yes (Y) or no (N) if all revisions were sufficient?

Educational Benefit Checklist: IEP 3-Year Review

To evaluate the educational benefit for a child over a three-year time period, the IEP Committee should collect a child’s entire special education file including any evaluation report, IEPs, progress notes, IEP Annual Review forms, etc.:

1. Create a Chart for each area for a three (3) year period. Label the area (i.e., physical, communication, adaptive, social-emotional, and academic/cognitive) on the blank under need. 1. Needs/Concerns: Describe all of the child’s needs/concerns by area.2. PLAAFP: Record data showing deficits in the child’s IEP.3. Annual Goals/Accommodations & Modifications: List each goal in the child’s IEP. 4. Services and Placement: Document the type and amount of services and supports the child

has received.5. Progress: Document the progress for each goal area.6. Revisions: Describe the revisions to goals or services and supports either when the child

attained the goal or when the child was not making sufficient progress.

2. Review the results of each column and link across columns to answer the questions at the bottom.

3. Using the data from the chart and the evaluation question at the bottom, answer the ten (10) item 3-Year Review Checklist.

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LEAST RESTRICTIVE ENVIRONMENT

Least Restrictive Environment

The Individuals with Disabilities Education Act (IDEA) of 2004 established the provision for educating children with disabilities in their Least Restrictive Environment (LRE). All children with disabilities ages three (3) through twenty (20) years are to be educated with age-appropriate, on disabled peers to the maximum extent appropriate, including children who are placed in public or private institutions and other care facilities. The public agency should offer an array of services and a continuum of educational settings to meet the individual LRE needs of each child.

An appropriate LRE is one that enables the child to make reasonable gains toward goals identified in an individualized education program (IEP). The child’s IEP indicates his/her LRE and describes the extent to which, if any, the child will participate in the general education classroom environment, the general education curriculum, and/or extracurricular or other nonacademic activities.

Special classes, separate schooling, and other removals of a child with a disability from the general education environment may occur only when the nature or severity of the disability is such that education in the general education class, even with the use of supplementary aids and services, cannot be achieved satisfactorily.

Continuum of Services

In determining appropriate settings and services for a child with a disability, the IEP Committee must consider the child’s needs and the continuum of alternative placements and related services appropriate to meet those needs. The continuum of settings includes instruction in general education classes, special classes, special schools, home bound instruction and instruction in hospitals and institutions. In addition, a public agency must make a provision for supplemental services, such as resource services or itinerant instruction, to be provided in conjunction with the general classroom. See Continuum of Educational Options for descriptions of each level of service provision.

NOTE: All LRE considerations also apply to preschool children ages 3 to 5 years with disabilities who are entitled to receive a free appropriate public education (FAPE).

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Public Agency in this document refers to agencies responsible for providing education to children with disabilities including the Mississippi Department of Education (MDE), Local Education Agencies (LEAs), Educational Service Agencies (ESAs), State Schools, State Agency schools, and nonprofit public charter schools that are not a part of an LEA or ESA.

For the purpose of this document, the Local Education Agency is the LAUDERDALE COUNTY SCHOOL DISTRICT (LCSD).

Placement Options

Each child's educational placement, including the placement for preschool children, is determined at least once a year based on the child’s IEP and determined by the child’s IEP Committee. Federal law requires children with disabilities to be educated "to the maximum extent appropriate in the regular education classroom." Education in a regular classroom may not meet the needs of all children with disabilities; however, serious consideration must be given to educating children with disabilities in regular classrooms or other opportunities to participate with their non-disabled peers.

As placement decisions are made, the following general principles must be considered: The child's placement is as close to his/her home as possible. The child attends the school s/he would attend if s/he did not have a disability, unless the IEP

requires some other arrangement. The placement should not produce harm to the child that cannot be addressed through

supplementary aids and services. The child is not removed from education in age-appropriate regular classrooms solely because of

needed modifications in the general curriculum or the failure to provide supplementary aids and services.

The Continuum of Educational Options includes, but is not limited to: General Education Classroom with Consultative Services Itinerant Instruction in the General Education Classroom Co-Teaching with the Regular Educator Resource Room Instructional Support Part-Time Special Class Full-Time Special Class Community-Based Services Special School Residential Facilities Home/Hospital

NOTE: Inclusion is not a service delivery option. Inclusion is a belief system or philosophy that guides all the practices in any specific school. Inclusion philosophy adheres to the belief that all staff members believe that it is their job to provide the best education for all children, respecting their pupils’ diversity and maximizing their potential. Full participation with peers is the strong preference with the goal of membership in the same learning community to the maximum extent possible, with the first consideration being the needs of the individual child.

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Considerations for Placement Decisions

The IEP Committee makes LRE decisions annually for each child with a disability considering the following factors:

The Child’s IEP: The child’s IEP is developed prior to the determination of the location of services and settings. The services and settings needed by each child with a disability are determined by his/her IEP Committee and, must be based on the child’s IEP and unique needs that result from his/her disability, not on the child’s disability category.

Location of School: A child with a disability should be educated in the school as close as possible to the child’s home. Unless the IEP requires some other arrangement, the child is educated in the school s/he would attend if not disabled.

Harmful Effects: Consideration should be given to any potential current or long-term harmful effect on the child or on the quality of services the child receives, including the child’s ability to graduate and achieve his/her postsecondary goals.

Age-Appropriate Peers: A child with a disability should be educated with age-appropriate peers to the maximum extent appropriate. A child with a disability is not removed from age-appropriate general education environments solely because of needed accommodations and/or adaptations in the general education curriculum.

Accommodations and Modifications: A child with a disability is not removed from general education settings solely because of needed accommodations and/or adaptations in the general education curriculum. Public agencies are required to make a genuine effort to first provide supplementary aides and services in regular education classes and to modify the regular education curriculum for children with disabilities. Public agencies are not required to modify the regular education program beyond recognition or to the extent that the disabled child is not required to learn any of the skills normally taught in regular education.

Nonacademic and Extracurricular Services and Activities

Public agencies are required to allow children with disabilities the opportunity to participate with nondisabled peers in nonacademic and extracurricular services and activities to the maximum extent appropriate. These services and activities may include, but are not limited to, meals, recess, field trips, counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the district, referrals to community agencies, career development, and assistance in making outside employment available. The IEP Committee is required to determine the supplementary aids and services that are appropriate and necessary for the child to participate in nonacademic settings and extracurricular services and activities.

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Four Steps for Placement Decisions

Public Agencies are encouraged to use the four-step procedure for making LRE decisions developed by Dr. Marilyn Friend, former president of the Council of Exceptional Children and founder of Co-Teaching Connection. The procedure is designed to help the IEP Committee make a valid decision regarding placement in the LRE for each child. The IEP Committee may use the Least Restrictive Environment Survey to document this procedure.

Step One: Review IEP and Setting Information

1. The IEP Committee should begin with the assumption that the appropriate placement for the child is the general education classroom for at least 80% of the school day. The IEP Committee should ensure the child’s IEP goals and short-term instructional objectives and benchmarks (STIO/Bs) are written so they can be implemented in a general education setting.

2. The IEP Committee should address the following questions in the discussion:

A. What are the characteristics and needs of the child? For example: What is the child’s overall functioning level? At what rate does the child learn? What is the child’s learning strengths? What are the child’s preferences that might contribute to learning? How skillful is the child in social interactions with peers and adults? What are the child’s strengths and needs in the area of behavior? What other special considerations need to be made for this child: Health matters? Safety

matters? Physical matters?

B. What are the characteristics of the general education setting? For example: What learning competencies are a part of the curriculum for the setting? What are the characteristics of the physical environment? To what extent can social, behavioral, functional, and other goals be integrated with those

pertaining to academics?

C. What are possible nonacademic and extracurricular settings that must be considered in addition to the general education classroom in deliberations about the least restrictive environment (e.g., lunch, recess, physical education, school field trips, clubs, athletic committees, yearbook staff)?

Step Two: Discuss Supplementary Aids and Services

The IEP Committee should address the following questions in the discussion:

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A. What supplementary aids and services are needed in this child’s educational environment to enable the child to be successful? If appropriate, what documentation has been gathered to demonstrate the extent to which accommodations and/or modifications have been implemented and the impact of these on child outcomes?

B. If these accommodations and/or modifications cannot be made in the general education setting, why is that so? What specific aspects of the child’s education cannot be implemented in the general

education setting? Why not? If the general education curriculum is utilized in the special education classroom, what

prevents the child from accessing it in general education with accommodations and/or modifications?

C. What supports (e.g., equipment, personnel, professional development) might assist the teacher to be able to provide appropriate accommodations and/or modifications?

NOTE: See Examples of Supplementary Aids and Services and Section: Accommodations and Modifications in Free Appropriate Public Education for additional information.

Step Three: Address Additional Factors

For any decision that involves removal of the child from general education, the IEP Committee should address the following questions in the discussion:

A. How long is it anticipated that this child should be placed in a setting other than general education?

B. What criteria will be used to judge the child’s rate of progress in the setting outside general education? How will the child’s progress be documented? How frequently will the child’s progress be reviewed? What level of progress will be sufficient to consider changing the child’s placement back to the general education environment?

C. What is the cost to the child (loss sustained by the child) of placement outside general education? How can that cost (loss) be minimized? For example, how might expectations in the separate setting be different from those in general education? How might this negatively affect the child’s learning? What are the potential effects of the stigma of the separate setting?

D. What are the potential harmful effects of the planned setting on the child and the educational process (e.g., would travel to a different school result in a lengthy bus ride that would detract from educational goals)?

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Step Four: Document the Decision and the Specific Process Used to Reach It

1. The IEP Committee should document the LRE decisions as well as the specific basis on which the decisions were made.

2. The IEP Committee should select the data collection procedures to be used for monitoring progress on the IEP goals and STIO/Bs for the assigned placement.

Additional Considerations for LRE Discussions

As discussion of the appropriate placement for a child eligible for special education services proceeds, these points also should be kept in mind: LRE must be considered at least annually, and any placement outside general education should

be carefully assessed for costs to the child in terms of loss of learning opportunities (loss of educational benefit) versus benefits.

LRE applies to early childhood programs as well as programs for school-age children. Children should make satisfactory progress in the general education setting for that setting to be

considered their least restrictive environment. The fact that a child cannot make the same progress in the general curriculum as other children is

not in and of itself a valid basis for selecting another placement. Decisions about placement in general education should not be made based on whether children can “keep up”. Instead they must be based on progress as defined by the child’s characteristics and the IEP.

A child’s ability to learn via print is not in and of itself a valid basis for selecting another placement. The fact that a child learns very differently from other children is not in and of itself a valid basis for

selecting another placement. If a child is not placed in the general education setting, the public agency still has a responsibility

to ensure that the child has as much contact with nondisabled peers as is appropriate based on the child needs.

Placement decisions may never be made solely on the basis of the disability specified in the eligibility ruling or the severity of that disability.

Placement decisions may not be made based on the willingness or comfort level of general education or special education staff related to working with a particular child or in a particular setting.

Placement decisions may not be made on the basis of the availability of space. Placement decisions may not be made on the basis of teacher or administrative convenience or

convention.

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Children in Public or Private Institutions

LEAs are required to ensure LRE requirements are implemented in public and private institutions.

State AgenciesState agencies that provide long-term residential care are an integral part of the continuum of services available to serve children with disabilities in Mississippi. Each agency is committed to provide services to children with disabilities in an institutional setting only when the child’s needs or the nature of the disability requires such a placement. The MDE works with each of these agencies to ensure that a child with a disability placed in a State institution or school participates in a local day program as appropriate.

The process requires that:A. State institution or school personnel will assess children on at least an annual basis (as a part of

IEP review to determine LRE) in collaboration with public agency personnel in which the State institution or school is located;

B. Any child placed in a State institution or school who requires interaction with their non-disabled peers will be provided an opportunity. The State agency personnel will work with MDE personnel and enter into interagency agreements with the local school district in which the institution or school is located. The interagency agreements will commit the local school district to provide appropriate day educational programs for each child referred by the institution. The institution will commit to provide program planning and assistance to the district on request to arrange for the child's involvement in the local school district where the institution is located. The placement decision made by the IEP Committee will be a cooperative agreement between the agency and the involved local school district;

C. If the child is ready to return to the home and local school environment, then the agency personnel will work with the local school district to ensure that an appropriate program is available or to help develop such a program. As soon as the agency begins planning for transitioning a child to his home and local school environment, the local school district must be notified. Collaborative transition plans should be developed to ensure a smooth and effective transition. Recommendations for educational services and placement should be made by the agency in collaboration with the local school district. As soon as a decision is made to release a child from a State institution or school and to return the child to a local school district program, the institution or school will provide the district with a copy of the IEP, educational evaluations and other relevant records.

Private SchoolsA child with a disability may not be placed for educational purposes in a private school by a public agency unless that private school can provide a FAPE for the child in the LRE. The local education agency (LEA) should work with the private school and enter into an interagency agreement.

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Funding Mechanism

The MDE provides funding to local school districts for teacher units based on the amount of participation in regular education. A child with a disability who participates in a regular education classroom for at least two (2) class periods a day (one of which must be considered an academic course) is counted in the funding for a special education teacher unit as well as being allowed to count the child for funding a regular education teacher unit. Therefore, the funding mechanism supports the placement of children with disabilities in the regular education program. The MDE will ensure that no funding formula based on the placement of children with disabilities will alter the implementation of the policies and procedures under this section.

Least Restrictive Environment Survey

The Least Restrictive Environment Survey documents the IEP Committee’s decision-making process for determining a child’s LRE. It may be used to record any discussions and evidence cited to support the decision for selecting the child’s LRE from the continuum of educational options. The Least Restrictive Environment Survey may be used when the IEP Committee is determining a child’s initial LRE or considering a change in placement. Refer to Free and Appropriate Education, and Least Restrictive Environment, for additional information.

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REGULATORY REFERENCE§§300.114-300.120

EXTENDED SCHOOL YEAR SERVICES (ESY)

Public Agency in this document refers to agencies responsible for providing education to children with disabilities including the Mississippi Department of Education (MDE), Local Education Agencies (LEAs), Educational Service Agencies (ESAs), State Schools, State Agency schools, and nonprofit public charter schools that are not a part of an LEA or ESA.

For the purpose of this document, the Local Education Agency is the LAUDERDALE COUNTY SCHOOL DISTRICT (LCSD).

Extended School Year Services

Extended School Year (ESY) services are special education and related services provided to the child beyond the normal school year, in accordance with the child’s IEP in order to provide a free appropriate public education (FAPE), and at no cost to the parent. ESY services may be required for some, but not all, children with disabilities in order to receive a FAPE. ESY services must be provided if a child’s IEP Committee determines, on an individual basis, that these services are necessary to ensure educational benefit. Public agencies may not limit ESY services to children with a particular disability category (e.g., limiting the provision of ESY services to children with Orthopedic Impairments or Multiple Disabilities) or set predetermined limits on the type, amount, or duration of ESY services (e.g., limiting the provision of ESY services to a maximum of two weeks for all children eligible for ESY).See Extended School Year Standards for the standards approved by the State Board of Education.

Consistent with the obligation to provide a FAPE, ESY services must be determined annually and provided in the least restrictive environment (LRE) as determined by the child’s IEP Committee. The IEP Committee should determine the need for ESY services early enough to ensure that the parent can meaningfully exercise his/her due process rights if s/he wishes to challenge the ESY decision. The public agency’s financial resources must not be a consideration in determining the need for ESY services, the type of ESY services to be provided, or the duration of ESY services. See Extended School Year Fact Sheet for additional information clarifying the definition of ESY services.

NOTE: Public agencies are not required to create new summer programs for nondisabled peers as a means of providing ESY services to children with disabilities in integrated programs. If the public agency does not provide services for its nondisabled children, the IEP Committee must consider traditional and non-traditional approaches to achieve LRE. See Section: LRE and ESY Service Provision for more information.

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Qualifying Criteria

There are three (3) qualifying criteria used to determine a child’s need for ESY services. The IEP Committee must review the child’s IEP and any available data of the child’s performance. All IEP Committee members, including the child’s parent, must have the opportunity to provide input in the determination of the need for ESY services. The IEP Committee must consider all three qualifying criteria in determining the need for ESY services:1. Pattern of Regression-Recoupment: Refers to a child’s loss of skills addressed on the child’s

IEP after at least two (2) breaks in instruction without regaining the documented level of skills within a period of time equal to the amount of time of the break or a maximum of four (4) weeks.

2. Critical Point of Instruction: CPI-1: Refers to a need to maintain a child’s skills to prevent a loss of general education class

time or an increase in special education service time. CPI-2: Refers to a point in the acquisition or maintenance of a critical skill during which a

lengthy break in instruction would lead to a significant loss of progress.3. Extenuating Circumstances: Refers to special situations that jeopardize the child’s receipt of a

FAPE unless ESY services are provided.

Determination of the Need for ESY Services

A child with a disability may be eligible for ESY services if there is evidence that ESY services are needed to allow the child to benefit from his/her special education services.

NOTE: The determination for the need of ESY services for the provision of a FAPE must be incorporated within IEP development and revisions. This process is not limited to a time period between January 15th and April 15th; the need for ESY services should be considered during the annual IEP meeting or when other revisions are considered for the child’s educational program.

Regression-Recoupment Regression is defined as a loss of skill(s) on an IEP objective after a break in instruction of at least

five (5) consecutive days. Recoupment is defined as the period of time the child requires to regain the level of performance

on the IEP objective that was attained prior to the break.

The child’s recoupment period must be compared to the length of time of a break in which a regression was noticed (i.e., a comparison of the number of days required to recoup a skill lost during a break to the number of days in the break) or a maximum time frame of four (4) weeks (i.e., twenty-eight (28) calendar days).

Example of Regression-RecoupmentBefore the two-week Christmas Holiday break, a child demonstrated significant progress toward mastery of a skill on the child’s IEP (i.e., reading 60 words per minute on a second grade

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connected text probe). After the break, the child demonstrated a regression in performance (i.e., reading 45 words per minute on a second grade connected text probe). The child required repeated instruction over four weeks to recoup—or recover—his previous level of progress.

NOTE: The above example is an illustration of regression-recoupment; however, to be eligible for ESY services a child must demonstrate a pattern of regression-recoupment.

A pattern of regression-recoupment is characterized as a repeated regression, or loss of skill(s),on an IEP objective or objectives after multiple breaks in instruction requiring more time to recoup, or recover, the lost skill(s) than the length of time of the breaks in instruction. To qualify for ESY services due to a pattern of regression-recoupment, the IEP Committee must document at least two (2) breaks in instruction resulting in a loss of skill(s) that require more time to recover than a period of time equal to the time of the breaks or four (4) weeks (i.e., twenty-eight (28) calendar days), if the break is longer. For example, if a child experienced regression in skills due two (2) breaks of five (5) consecutive days, the child would be expected to recoup any lost skills within a total of ten (10) instructional days. After a summer break, any recoupment must occur within four (4) weeks or twenty (20) instructional days.

Example of Regression-Recoupment PatternA child who demonstrated significant loss of progress after a two-week Christmas Holiday break required repeated instruction over four weeks to recoup his previous level of progress. After a subsequent week-long Spring Break Holiday, the child again demonstrated a loss of progress which required a two week period for recoupment.

The IEP Committee may use the Regression-Recoupment Determination Form to document the basis for a determination of a child’s need for ESY services due to a pattern of regression and recoupment of IEP objectives after a break.

Critical Point of InstructionThere are two (2) definitions of Critical Point of Instruction:

Critical Point of Instruction-1 may be defined as a need to maintain skills which prevent a loss of general education class time or an increase in special education service time (i.e., intensive work in specific areas, such as math, reading, or social skills, would prevent the loss of time in general education classes).

Example of Critical Point of Instruction-1Child with Autism who has met a social/behavioral objective on his IEP designed to reduce the frequency of disruptive behavior. Unless he receives extended school year services to enable him to maintain his behavior, he is likely to resume this behavior at the previous level over the summer break which would require significantly less time in general education classes upon his return.

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Critical Point of Instruction-2 may be defined as a point, during the acquisition or maintenance of a critical skill, at which a lengthy break in instruction (e.g., summer break) will precipitate a significant loss of progress (i.e., a significant loss of progress toward the acquisition and/or maintenance of critical self-help, community access, or social skills would occur during the summer break).

Example A of Critical Point of Instruction-2Ten-year-old child with Multiple Disabilities has just learned to activate an augmentative communication device to answer basic questions and will not retain this skill unless it is practiced consistently in a structured setting.

Example B of Critical Point of Instruction-2A child with a disability transitioning from Part C services with the MS State Department of Health (MSDH) Early Intervention Program (First Steps) to the school district Part B program will turn three at the beginning of June. The educational records from First Steps indicate that she needs physical therapy and that these services need to continue without a break in instruction to ensure she will maintain her range of motion.

The IEP Committee may use the Determination of Critical Objectives to document their determination of critical objectives for a child and the Critical Point of Instruction Determination Form to document a child’s need for ESY services due to a critical point of instruction.

Extenuating CircumstancesAt times there are other special circumstances that when considered by the IEP Committee indicates a need for ESY services. When developing the IEP for a child, the IEP Committee must consider any extenuating circumstances in addition to regression-recoupment or a critical point of instruction. For example, the IEP Committee may determine that a break in instruction will have a negative impact on the child functioning, progress, or learning due to the child’s special circumstances.

Extenuating Circumstances are defined as special circumstances that would significantly jeopardize the child’s receipt of benefit from his/her educational program during the regular school year without the provision of ESY services. The IEP Committee must provide a justification based on the need to mitigate the negative impacts of a significant break in services.

Example AA child enters the school at some point during the year with little or no assessment data or information from the sending school district and the IEP Committee does not have the time to collect the data as needed to determine regression-recoupment (e.g., they did not have two (2) breaks in instruction from which to collect data) or critical point of instruction. However, the IEP Committee has some data that indicate the child will experience regression on critical skills without the continued provision of special education services.

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Example BA child with developmental and physical disabilities was demonstrating a steady rate of progress on educational activities prior to a major surgery during the school year. She was unable to participate in educational activities for several months because of pain and post-surgery complications. Upon return, she required extensive instruction to begin to recover her previous skills. The IEP Committee members believe a break in instruction over the summer will disrupt all of the progress that is now being made.

Example CA child recently placed in DHS custody with few records was referred to First Steps (the MSDH Early Intervention Program providing Part C services) at thirty-three (33) months. He was jointly evaluated and determined to be eligible for both Part C and Part B services. After only six (6) weeks of service provision before transitioning the child to Part B in late April, the First Steps early intervention service providers have very little information to share about the child’s educational needs and responsiveness to services; however, all of the IEP Committee members have great concerns that the child will experience serious negative impacts without the provision of services over the summer.

In cases such as these the IEP Committee must use all available data, their disability knowledge, their knowledge of the child, and their professional judgment to determine the child’s need for ESY services. The IEP Committee may use the Extenuating Circumstances Documentation Form to document the child’s special circumstances and the justification for the provision of ESY services.

Planning of Extended School Year Services

The planning for ESY is based on the decision by the IEP Committee and must ensure the services to be provided are individually developed to meet the requirements of FAPE and LRE. The planning must include decisions concerning the selection of goals and objectives for the ESY services and the methods for delivering services including the frequency, duration, setting, and personnel. ESY goals/objectives and services are recorded in the ESY section of the IEP.

IEP Committee Composition for Making ESY DecisionsThe IEP Committee which determines the need for ESY services and plans the specific ESY services to be provided must include: The parent; The child, if appropriate; At least one of the child’s special education teachers; At least one of the child’s regular education teachers; and The local education agency representative.

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Other participants who may participate in planning ESY services include, as appropriate: The child’s speech-language therapist; The child’s occupational therapist; The child’s physical therapist; A behavior specialist; A counselor; and The teacher who will provide ESY services.

Designing ESY ProgramsIn designing the ESY services for the child, the IEP Committee must consider the child’s educational needs according to the qualifying criteria (i.e., Regression-Recoupment, Critical Point of Instruction, or Extenuating Circumstances).

Based on these needs, the IEP Committee then selects the goals and objectives for the child. The goals and objectives developed for ESY may include some but usually not all of the goals and objectives listed during the school year. Furthermore, the goals and objectives should be related to high-priority needs. For example, the IEP Committee may determine a child with academic, behavioral, and communication goals during the school year only needs ESY services for his behavioral and communication goals.

Once the goals and objectives are determined, the IEP Committee determines the services necessary to ensure a FAPE. The IEP Committee must determine when, where, how much, and by whom services will be provided. Related services may be needed as well. For example, transportation may be one of the ESY services determined to be necessary for the child to participate in the program.

Ongoing CommunicationThe public agency shall ensure there is ongoing communication between regular school year staff and ESY staff sufficient to ensure program continuity. This communication should provide updates of the child’s progress toward meeting ESY goals and objectives between the designing of the ESY program and the implementation of ESY services.

Implementation of Extended School Year Services

ESY Service ProvisionPublic agencies must ensure any ESY services recorded on the IEP are provided as written including the: Type(s) of service(s) to be provided; Location of the service(s), consistent with the child’s LRE; Frequency of service(s), including the number of days and amount of time per day; and Duration of service(s), number of weeks and beginning/ending dates.

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LRE and ESY Service ProvisionPublic agencies must provide ESY services in the child’s LRE. ESY services may be offered in the same physical site as summer school programs to allow for meaningful interaction with same age nondisabled peers; however, public agencies are not required to create new summer programs for nondisabled peers as a means of providing ESY services to children with disabilities in integrated programs. If the public agency does not provide services for its nondisabled children, the IEP Committee must consider traditional and non-traditional approaches to achieve LRE. Options may include providing services in: Community-based programs with nondisabled peers, such as a daycare facility, community

recreational settings, or summer camp the child attends or has access to; Home settings with nondisabled siblings, other family members, or friends; Vocational settings; or Age-appropriate programs offered by other public agencies (e.g., an age-appropriate program

offered collaboratively by three local education agencies).

Evaluation of Extended School Year Services

The effectiveness of ESY services must be monitored and reported to parents regularly.

ESY Goals, STIO/Bs, and Report of ProgressTypically the IEP Committee will select existing goals or STIO/Bs to be the focus of ESY services; however, the IEP Committee may determine the child needs to master a new goal or objective to be able to master or maintain the critical skill identified as the basis for the ESY determination. Only when new goals or objectives are required to master or maintain a critical skill may the IEP Committee write a new goal and/or objective to be addressed during ESY implementation.

Monitoring Child Progress during ESY Service ProvisionService providers must ensure that they are providing effective services and strategies to meet the individual needs of each child. Measurement of progress must be entered on the ESY services page of the child’s IEP using the same codes for Report of Progress, Progress towards Annual Goal and Reason for not meeting the Goal. Progress reports must be disseminated to parents at the intervals specified on the IEP.

Effectiveness of the ESY services for each child should be reflected in the match between the needs of the child and the services provided as well as the child’s progress toward meeting the ESY service goals. The overall effectiveness of the program provided to all children should be examined to assist the agency in future planning. Program effectiveness is evaluated from both the individual child’s progress as well as the entire program.

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REGULATORY REFERENCE§§300.114-300.120

Extended School Year Standards

The following ESY Standards were adopted by the Mississippi State Board of Education in October 2002.

Components Standards

Qualifying Criteria Standard 1: Local education agencies shall ensure that ESY qualifying criteria are completed in accordance with State ESY guidelines.

Standard 2: Parents shall be advised of and involved in the ESY qualification process.

Planning Standard 1: Local education agencies shall ensure that the ESY program of each child is individually designed, reflects high priority needs, and includes services necessary to conduct the program.

Standard 2: Parents shall be given opportunities to be involved actively in the design and implementation of the ESY.

Standard 3: Local education agencies shall ensure that there is ongoing communication between regular school year staff and ESY staff sufficient to ensure program continuity.

Implementation Standard 1: Local education agencies shall continue to address LRE factors, including integration with nondisabled persons, in the implementation of the ESY program.

Standard 2: Local education agencies shall ensure that the services listed on the IEP are provided.

Standard 3: Local education agencies shall ensure that instructional activities conducted during ESY are documented.

Evaluation Standard 1: Local education agencies shall ensure that instructional personnel measure and report child outcomes.

Standard 2: Local education agencies shall evaluate ESY outcome data to determine program effectiveness.

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Regression-Recoupment Determination Form

The Regression-Recoupment Determination Form documents the evidence of regression after two (2) breaks in instruction and the subsequent recoupment period for a child with a disability. Use this form as a guide in determining which IEP objectives are critical to the child’s educational functioning. The form may be completed for all children whose IEP objectives indicate “Insufficient Progress” or “STIO/B Not Yet Met.” The IEP Committee should use this form, or a similar form containing the same information, to document their justification in determining the need for Extended School Year (ESY) services.

5. Following the first break in instruction, document any IEP objectives that appear to have regressed in mastery level. Note the pre-break level of mastery vs. the post break level of mastery. At the end of each week, document the level of mastery obtained.

6. Determine the length of time required to obtain the same level of mastery as before the break in instruction. Document this length of time on the form. If the mastery level of the objective was not obtained, indicate this on the form.

7. Complete the some information following the second break in instruction. Use this form to document Regression-Recoupment for Extended School Year Services.

8. Based on the determination, the IEP Committee must ensure the services to be provided are individually developed to meet the requirements of FAPE and LRE. The planning must include the selection of goals and objectives for the ESY services according to the qualifying criteria. It must also include the methods for delivering the services including the frequency, duration, setting, and personnel. ESY goals/objectives and services are recorded in the ESY section of the IEP.

Determination of Critical Objectives

The Determination of Critical Objectives documents the determination of objectives the IEP Committee consider critical to the child’s overall functioning and well-being. The IEP Committee should use this form, or a similar form containing the same information, to document their justification in determining the need for Extended School Year (ESY) services.

1. Record each objective considered on an individual form.

2. Answer each question as it relates to the objective and the child’s continued mastery of the individual skill. Discuss possible effects the loss or decrease in mastery of the objective could have on the child’s functioning level or ability to participate in integrated environments in general education or the community.

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3. Consider any documentation or information gathered during breaks in instruction such as Christmas holidays or Spring Break where the child demonstrated a loss in his/her ability to perform the skill.

4. Based on the determination, the IEP Committee may use the Critical Objectives form or a similar form as a tool during the IEP Committee meeting to determine if the child requires ESY services and as documentation as to the decision of the IEP Committee.

5. Based on the determination, the IEP Committee must ensure the services to be provided are individually developed to meet the requirements of FAPE and LRE. The planning must include the selection of goals and objectives for the ESY services according to the qualifying criteria. It must also include the methods for delivering the services including the frequency, duration, setting, and personnel. ESY goals/objectives and services are recorded in the ESY section of the IEP.

Critical Point of Instruction Determination Form

The Critical Point of Instruction Determination Form is to be used document those objectives that the IEP Committee have determined to be critical to the child’s overall educational functioning and well-being. The form may be completed for all children whose IEP objectives indicate “Insufficient Progress” or “STIO/B Not Yet Met.”The form may also be completed for any child to maintain a skill(s) already mastered to prevent a regression or loss of progress which could result in increased time in special education or decreased time with nondisabled peers. The IEP Committee should use this form, or a similar form containing the same information, to document their justification in determining the need for Extended School Year (ESY) services.

1. Each critical IEP objective should be listed separately on the form and marked as mastered or not mastered. Check the appropriate box under Critical Point of Instruction-1 or Critical Point of Instruction-2. List the Data Sources that were used to determine the Critical Point of Instruction. Attach any additional information as necessary. This form along with the completed Determination of Critical Objectives form(s) may be used by the IEP Committee to justify their decision in determining the need for ESY services.

2. The determination for the need of ESY services for the provision of a FAPE must be incorporated within IEP development and revisions. This process is not limited to a time period between January 15th and April 15th; the need for ESY services should be considered during the annual IEP meeting or when other revisions are considered for the child’s educational program.

3. At the meeting, the IEP Committee can review the completed Critical Point of Instruction Determination Form and the Determination of Critical Objectives form(s) to determine the need for ESY services.

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4. Based on the determination, the IEP Committee must ensure the services to be provided are individually developed to meet the requirements of FAPE and LRE. The planning must include the selection of goals and objectives for the ESY services according to the qualifying criteria. It must also include the methods for delivering the services including the frequency, duration, setting, and personnel. ESY goals/objectives and services are recorded in the ESY section of the IEP.

Extenuating Circumstances Documentation Form

The Extenuating Circumstances Documentation Form documents the determination of objectives the IEP Committee consider critical to the child’s functioning, progress or learning due to special circumstances. This form should be used to document situations where the child’s receipt of benefit from the educational program would be negatively impacted by a significant break in instruction. The IEP Committee should use this form, or a similar form containing the same information, to document their justification in determining the need for Extended School Year (ESY) services.

1. A complete description of the child’s special circumstances should be documented on the form as well as justification for the provision of ESY services and the basis for the decision.

2. At the meeting, the IEP Committee can review the completed Extenuating Circumstances Documentation Form to determine the need for ESY services.

3. Based on the determination, the IEP Committee must ensure the services to be provided are individually developed to meet the requirements of FAPE and LRE. The planning must include the selection of goals and objectives for the ESY services according to the qualifying criteria. It must also include the methods for delivering the services including the frequency, duration, setting, and personnel. ESY goals/objectives and services are recorded in the ESY section of the IEP.

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SECTION 2

APPENDICES

Top 10 Highlights for Free Appropriate Public Education

Top 12 Highlights for Individualized Education ProgramLCSD Excusal of IEP Committee Member

LCSD IEP Amendment FormLCSD Educational Benefit ChecklistsLCSD Assistive Technology Review

LCSD Communication ConsiderationsMDE SCD Determination Guidance Document

LCSD Comparable Services for Transfer StudentsLCSD IEP Monitoring Form

Top 8 Highlights for Least Restrictive EnvironmentLCSD Examples of Supplementary Aids and Services

LCSD Least Restrictive Environment SurveyLCSD Continuum of Education Options Review

Top 10 Highlights for Extended School Year Services (ESY)LCSD Extended School Year Services Fact SheetMDE Regression-Recoupment Determination Form

MDE Determination of Critical ObjectivesMDE Critical Point of Instruction Determination Form

MDE Extenuating Circumstances Documentation Form

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*Electronic versions of these forms are available on request from the LCSD Office of Special Services, 601-693-1683.

Mississippi Department of EducationOffice of Special Education

PROCEDURES FOR STATE BOARD POLICY

7219 VOLUME III

Procedural SafeguardsDispute Resolution

Confidentiality

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Mississippi Board of Education

Dr. John R. Kelly, ChairMr. Richard Morrison, Vice-Chair

Dr. O. Wayne GannMrs. Kami Bumgarner

Mr. William Harold JonesMr. Charles McClelland

Mrs. Rosemary G. AultmanDr. Karen J. Elam

Mr. Johnny Franklin

State Superintendent of Education

Dr. Carey M. Wright

Chief Academic Officer

Dr. Kim S. Benton

State Director of Special Education

Mrs. Gretchen Cagle

Acknowledgements

The Mississippi Department of Education Office of Special Education would like to acknowledge the input of the following people in the development of this document: Ann Moore, Former State Director of Special Education

Writing Team

Stacy Callender Marie Catherine Jones Desma McElveen

Editing Team

Tanya BradleySusan DavisValecia Davis

Keisha DixonM. April RiceM. Pleshette Smith

Mona Spells AdouArmerita TellCandice Taylor

Review Team

The Special Education Directors’ Work Group

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The Professional Development Coordinators

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PROCEDURAL SAFEGUARDSPublic Agency in this document refers to agencies responsible for providing education to children with disabilities including the Mississippi Department of Education (MDE), Local Education Agencies (LEAs), Educational Service Agencies (ESAs), State Schools, State Agency schools, and nonprofit public charter schools that are not a part of an LEA or ESA.

For the purpose of this document, the Local Education Agency is the LAUDERDALE COUNTY SCHOOL DISTRICT (LCSD).

Procedural Safeguards

Procedural Safeguards refer to the formal protections, or safeguards, for the rights of children with disabilities and their parents according to the Individuals with Disabilities Education Act (IDEA), Federal regulations, and State laws and policies. According to the U.S. Supreme Court’s interpretation of IDEA, the core principle of the IDEA is the cooperative process between parents and educational agencies and the importance of parental involvement in all decisions made for children with disabilities. This includes all decisions regarding the identification, evaluation, placement, and provision of special education and related services. In addition, IDEA upholds a parent’s right to disagree with decisions and provides multiple avenues to resolve those disputes. Further protections address privacy of and the limited access to a child’s educational records.

Procedural Safeguards Notice

Each Public Agency must ensure a copy of the Procedural Safeguards Notice is provided to each parent of a child with a disability at least once a year and in the following specific situations: After an initial request for an evaluation is sent to the Multidisciplinary Evaluation Team (MET)

[See Volume 1: Evaluation and Eligibility]; After a request for a reevaluation; After the initial meeting of the Individualized Education Program (IEP) Committee; Upon the receipt of the first formal State or due process complaint in a school year; Upon a change of placement due to a disciplinary action; or After a request for a Procedural Safeguards Notice by the parent.The Public Agency may place a current copy of the Procedural Safeguards Notice on its internet website. The parent may also elect to receive a copy of the Notice by electronic mail if the Agency makes that option available.The contents of the Procedural Safeguards Notice must include a full explanation of all of the Procedural Safeguards and State complaint procedures relating to: Notifications given to the parent prior to an action or refusal of an action, including the formal Prior

Written Notice; The requirement for informed parental consent for evaluations;

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The right to an Independent Educational Evaluation (IEE) and when it must be provided at public expense;

The requirement to ensure the confidentiality of and access to educational records; An explanation of and the procedures for making a Formal State Complaint and Due Process

Complaint; The options for dispute resolution including mediation, resolution sessions, hearings, and civil

actions and the payment of attorney fees; The procedures for addressing discipline issues for children with disabilities including those that

result in changes of placement to alternative educational settings; and The requirements when making unilateral placements by parents of children in private schools at

public expense.

The Procedural Safeguards Notice must be provided using language understandable to the general public (i.e., in laymen’s terms). In addition, the Procedural Safeguards Notice must be provided to the parent in his/her native language or mode of communication to ensure the parent can understand the content of the notice. If the parent’s native language or mode of communication is a written language or can be provided in a print format (e.g., Braille), the Procedural Safeguards Notice must be provided in this form, unless it is not feasible to do so. If the parent’s native language or mode of communication is not a written language (e.g., oral and manual communication methods), the Procedural Safeguards Notice must be translated orally or by other means in the native language to ensure the parent understands the content of the notice, and the public agency must keep written documentation of how they met the requirements for the provision of the Procedural Safeguards Notice.

For assistance in securing translations of the Procedural Safeguards Notice, contact the Mississippi Department of Education Office of Special Education Division of Parent Engagement and Support.

Invitation to Meetings

Parents have the right to participate in all meetings where decisions are made for their child including any decision whether or not to conduct an evaluation or reevaluation, the determination of eligibility status and of the disability category, and the development and revision of the child’s Individualized Education Program (IEP). Parents are members of both the Multidisciplinary Evaluation Team (MET) and the IEP Committee and must be invited to participate in all MET or IEP Committee meetings.

When calling an IEP Committee meeting for the development or revision of the child’s IEP, the parent must be given a Notice of Invitation to Committee Meeting, or a similar form, that includes: A list of who will be in attendance by name and position; A statement that the parent or public agency may invite other individuals who have knowledge or

special expertise regarding the child; and The time, location, and a description of the purpose of the meeting.

Recording the Meeting132

The parent and the public agency have the right to participate in the development of the IEP and to indicate their intent to make an audio recording of the proceedings of the IEP meetings. The parent or guardian or local educational agency shall notify the members of the IEP Committee of their intent to record the meeting at least twenty-four (24) hours prior to the meeting.

NOTE: The Procedural Safeguards Notice only address audio recordings—not video recordings. Although there is no provision prohibiting the use of video recording, parents do not have a specific right to make a video recording of a meeting. Any use of video recording would need to be agreed upon by all parties involved and may require written releases.

Prior Written Notice

A Prior Written Notice must be provided to a parent, within a reasonable time, prior to the public agency’s proposal or refusal to initiate or change the identification, evaluation, or educational placement of a child or to initiate or change the provision of services to provide a FAPE to a child. The public agency must ensure that the PWN is provided to the parent at least seven (7) calendar days before implementing any proposed action, unless the parent waives the timeline.

The Prior Written Notice must be provided using language understandable to the general public (i.e., in laymen’s terms). In addition, the PWN must be provided to the parent in his/her native language or mode of communication to ensure the parent can understand the content of the notice. If the parent’s native language or mode of communication is a written language or can be provided in a print format (e.g., Braille), the PWN must be provided in this form, unless it is not feasible to do so. If the parent’s native language or mode of communication is not a written language (e.g., oral and manual communication methods), the PWN must be translated orally or by other means in the native language to ensure the parent understands the content of the notice, and the public agency must keep written documentation of how they met the requirements for the provision of the PWN.

Content of the Prior Written NoticeThe content of Prior Written Notice must provide the parent with sufficient information so s/he is fully able to understand the public agency’s proposed or refused action in order to make an informed decision.

The PWN must include: A description of the action proposed or refused by the public agency; An explanation of why the public agency proposes or refuses to take action; A description of each evaluation procedure, assessment, record, or report the agency used as a

basis for the proposed or refused action; A statement that the parent of a child with a disability has protections described in the Procedural

Safeguards Notice provided, if inclusion is required, or the method for receiving a copy of the Procedural Safeguards Notice;

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Sources for the parent to contact to obtain assistance in understanding the provisions of IDEA and his/her rights outlined in the Procedural Safeguards;

A description of other options that the IEP Committee considered and the reasons why those options were rejected;

A description of any other factors, which are relevant to the agency’s proposal or refusal.

When a Prior Written Notice is RequiredPublic agencies are required to provide a Prior Written Notice to a parent prior to the public agency’s proposal or refusal to initiate or change the identification, evaluation, or educational placement of a child or to initiate or change the provision of services to provide a FAPE to a child. The public agency must ensure that the PWN is provided to the parent no less than seven (7) calendar days prior to the proposed action unless the parent waives the timeline. PWN is required under the following conditions: If the initial MET determines that an evaluation is warranted (i.e., the MET does suspect the child

has a disability) or determines that an evaluation is not warranted (i.e., the MET does not suspect the child has a disability);

If the public agency refuses to provide an Independent Educational Evaluation (IEE) at public expense and initiates a due process hearing;

After the IEP Committee has developed or modified an IEP; If the IEP Committee refuses to convene an IEP Committee meeting at the request of a parent; If the IEP Committee proposes to initiate or change the identification, evaluation, or educational

placement of a child or refuses a parent’s request to initiate or change the identification, evaluation, or educational placement of a child;

If the IEP Committee proposes to initiate or change the provision of services to provide a FAPE to a child or refuses a parent’s request to initiate or change the provision of services to provide a FAPE to a child;

If the public agency has removed the child with a disability that results in a change in placement (i.e., for more than ten (10) days, a series of removals that constitute a pattern, or a removal to an interim alternate educational setting (IAES) for more than forty-five (45) school days) due to discipline procedures;

If the public agency intends to stop the provision of special education services due to ineligibility based on the results of a comprehensive reevaluation, due to ineligibility due to graduation with a standard high school diploma, or after receiving the parent’s written revocation of consent for special education and related services.

Informed Parental Consent for Evaluation

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Informed parental consent occurs when a parent has been made aware of all information pertinent to a proposed action and is able to make an informed decision to give permission for that action. Public agencies must ensure the parent understands: What is being proposed or refused; and The ramifications of what is being proposed or refused.

A parent must be informed of a proposed action in his/her native language or other mode of communication. The parent must understand that parental consent is voluntary and may be revoked at any time. By Federal guidelines, parental consent by signature is required during the following occurrences: Initial assessment for eligibility for special education services; Reevaluation of eligibility for special education services.

The public agency has the responsibility to ensure the child is evaluated to determine eligibility and to assist in the provision of a Free Appropriate Public Education (FAPE). The MET and IEP Committee determine the appropriate evaluation and reevaluation procedures, respectively. Qualified examiners must be used to administer all assessments for an evaluation or reevaluation. Parental consent is required before the collecting of any individual assessment data not collected through mass screenings or other allowed educational assessments. The parent has the right to provide or not to provide consent. If the parent refuses to provide consent, the public agency may but is not required to use due process procedures to override the parent’s refusal; however, a parent refusal to the provision of special education services may not be overridden.

Independent Educational Evaluation (IEE)

An independent education evaluation (IEE) is an evaluation conducted by a qualified examiner who is not employed by the public agency responsible for the education of the child. It can be provided at public expense if a parent disagrees with the evaluation conducted by the public agency. A parent has the right to an IEE at his/her own expense, at which the IEP Committee must consider the results.

Parents Right to an IEEIf a parent makes a request, the public agency must, without delay: Provide an IEE at public expense—OR— File a request for a due process hearing to demonstrate that the public agency’s evaluation of the

child is appropriate.If the public agency requests a Due process hearing and the final decision is that the public agency’s evaluation is appropriate, the parent has a right to an IEE, but not at public expense.

The IEP Committee must consider the results.

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If the hearing officer requests an IEE as part of an impartial Due process hearing, the cost of the evaluation will be at the expense of the public agency.

If a parent requests the IEE, the public agency may ask the reason why he/she objects to the LEA’s evaluation. The parent is not required to provide explanation and the public agency shall not delay providing the IEE at public expense or file a request for a Due process hearing to defend its evaluation.

A parent is entitled to only one (1) IEE at public expense each time the public agency conducts an evaluation at which the parent disagrees.

Public Agency’s Responsibilities Following an IEE RequestFollowing a request for an IEE the public agency will: 1. File a request for Due process hearing to show that its evaluation is appropriate, or2. Provide the parent information about where an IEE can be obtained and the criteria applicable for

the IEE. The criteria for an IEE must include the following:a. Location of the evaluationb. Qualifications of the examiner

3. The public agency may not impose conditions or timelines related to obtaining an IEE at public expense beyond the criteria utilized by the public agency.

Informed Parental Consent for Services

Informed parental consent occurs when a parent has been made aware of all information pertinent to a proposed action and is able to make an informed decision to give permission for that action. Public agencies must ensure that the parent understands: What is being proposed or refused; and The ramifications of what is being proposed or refused.

A parent must be informed of a proposed action in his/her native language or other mode of communication. The parent must understand that parental consent is voluntary and may be revoked at any time. By Federal guidelines, parental consent by signature is required during the following occurrences: Initial assessment for eligibility for special education services; Consent for initial service; Reevaluation of eligibility for special education services.

The public agency has the responsibility to ensure the provision of a Free Appropriate Public Education (FAPE). The IEP Committee determines the services that constitute FAPE for the student. In the event of disagreement over appropriate services among the IEP Committee members, the agency representative has responsibility to ensure development of an appropriate IEP that confers FAPE. Parental consent is required before the initial provision of special education and related services. This consent is for the provision of special education, not for a specific service(s). If a parent disagrees with the provision of a specific special education or related service, and the parent and

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public agency agree that the child would still be provided a FAPE without that service, the public agency should remove that service from the IEP. If, however, the parent and public agency disagree about whether the child would be provided FAPE if the service was removed, the parent may use the mediation process or due process procedures to resolve the dispute. Students with disabilities cannot receive a related service listed on the IEP if the parent refuses special education services as the related service listed is a supportive service required to assist a child with a disability to benefit from special education.

Parental Consent for Services Not ProvidedIf the parent fails to respond to the public agency’s efforts to obtain consent or if the parent refuses to provide consent for special education and related services, the public agency is not considered to be in violation of the requirement to provide the child a FAPE. The public agency may not use dispute resolution procedures (e.g., mediation or Due process) to obtain consent nor is the public agency required to convene an IEP Committee meeting or develop an IEP.

The parent may choose not to sign the IEP at the IEP Committee meeting due to a desire to reflect on the IEP or a disagreement over the disability category (but not disability status). This does not mean the parent is refusing services altogether or the child should no longer be considered a child with a disability.

If the parent participates in the IEP Committee meeting to develop the IEP but is unsure about the content of the IEP document, the parent may take as much time as s/he wishes to decide if s/he is comfortable moving forward. As soon as the parent provides the public agency written consent, the public agency must implement the IEP immediately.

Revocation of Parental Consent for ServicesAfter written parental consent is obtained following initial eligibility, consent for special education services is presumed unless a parent notifies the public agency in writing that they would like to revoke all special education and related services. A parent cannot revoke an individual service. Once the parent revokes special education and related services, public agencies must provide a Prior Written Notice before stopping special education and related services. Dispute resolution procedures including mediation and Due Process procedures may not be used to challenge the parent’s right to terminate the services. This will not be considered a violation of the public agency’s obligation to provide a FAPE to the child. Once revoked, special education and related services cannot be reinstated at parent request. The public agency is not required to amend the student’s educational records to remove any references to the student’s receipt of special education and related services because of the revocation of consent.

Access to Records

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Public agencies shall permit parents to inspect and review any educational records relating to their children that are collected, maintained, or used by the public agency. The public agency will make records available to the parent for review: Without delay; Before any meeting regarding an IEP; Before an impartial Due process hearing; and No later than forty-five (45) days after the request.The parent’s rights to inspect and review education records include: A response to reasonable requests for explanations and interpretations of the records; Copies of records containing the information if failure to provide the copies would effectively

prevent the parent from exercising the right to inspect and review the records; and The ability to have a representative of the parent inspect and review the records after the parent

provides written authorization to the agency.

The parent also has a right to receive a copy of the educational records. The public agency may charge for these copies but not if the fee would effectively prevent the parent from exercising the right to inspect and review the records. The public agency cannot charge to search for or retrieve the records.

Parents have the right to inspect and review all records relating to his/her child unless the public agency has been advised that the parent does not have the authority under applicable State laws (i.e., guardianship, separation, or divorce). See Procedural Safeguards: Your Family’s Special Education Rights.

Surrogate Parent

A surrogate parent is an individual assigned by an LEA to assume the educational rights and responsibilities of a parent in one of the following circumstances: A parent cannot be identified; The LEA cannot locate a parent after reasonable efforts; The student is a ward of the State; The student is an unaccompanied homeless youth.

The LEA is required to determine if a student requires a surrogate parent and then assign him/her a surrogate parent. If a student is the ward of the State, the judge overseeing the case may appoint the surrogate parent, provided that the parent meets the criteria below.

Criteria for Selecting a Surrogate ParentTo determine whether a child needs a surrogate parent and to appoint a surrogate to a child, the LEA must ensure the following:

1. Identify an individual who meets the following criteria: Has no other vested interest that conflicts with the interest of the child represented;

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School proposes evaluation.

Has knowledge and skills that ensure adequate representation of the child; and Is not an employee of a public agency responsible for the education and/or care of the child?

2. Arrange for the proposed surrogate to meet the child;3. Ascertain whether the individual will serve as a surrogate;4. Appoint the person as surrogate; and5. Enter this information in the child’s file.

NOTE: The LEA may select as a surrogate a person who is an employee of a nonpublic agency that only provides non-educational care for the child and who meets the standards outlined above.

A surrogate parent must be formally trained to advocate for the child in the special education process, including the procedures concerning the identification, evaluation, placement and the provision of a FAPE. The method of training shall be described by the LEA.

Transfer of Parental Rights at Age of Majority

When a child reaches twenty-one (21), the age of majority the public agency will ensure that all rights accorded to the parent under IDEA are transferred to the child (except for a child who has been determined to be incompetent under State law). If under State law a child is determined to have a severe or profound disability such that legal guardianship is required beyond the age of majority, the public agency upon receipt of a court order regarding the need for such guardianship, will appoint the legal guardian to represent the educational interests of the child through the age of twenty or if the child turns twenty-one (21) during the school year. If a surrogate parent is necessary due to the conditions addressed in Surrogate Parent above, the agency will appoint a surrogate parent in accordance with the above procedures to represent the interests of the child.

The public agency must notify the parent and the child of the transfer of rights. When rights are transferred to a child, any notice required under IDEA must be forwarded to the child and to the parent, except for those children who are incarcerated in adult or juvenile, State or local correctional institutions. For incarcerated youth adjudicated as adults, all parental rights, including the notice rights, will be transferred to the youth in accordance with State law.

Parental Consent Flowchart

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REGULATORY REFERENCE§§300.300;300.501-504; 300.519;300.613

Notice of Invitation to Committee Meeting

The Notice of Invitation to Committee Meeting, or a similar form containing the same information, may be used to notify parents and children with disabilities of a scheduled meeting of the Multidisciplinary Evaluation Team (MET) or Individualized Education Program (IEP) Committee.

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1. Record the child’s name and information concerning the date, time and location of the meeting.

2. The IEP Committee may review data about the child’s performance collaboratively and make minor changes to the IEP without a formal IEP Committee meeting.

When conducting a reevaluation the IEP Committee may opt to review existing data without a meeting to determine if there is a need to collect additional data.

If the IEP needs corrections or minor changes between annual meetings, the IEP Committee may agree to amend the IEP without a meeting as long as: The parent and the public agency agree to the process and the amendments in writing and, Every member of the IEP Committee which includes the parent is informed of the changes.

3. Either the special education teacher, the agency representative or a member of the MET completes the appropriate sections of the form, depending on whether the meeting is to determine the need for an evaluation or to develop an IEP. Each participant in the meeting including their role is also listed.

The public agency must include a copy of the Notice of Invitation to Committee Meeting Reply or a similar form and the Procedural Safeguards if appropriate.

Prior Written Notice

The Prior Written Notice Form, or a similar form containing all required information, may be used by public agencies to notify parents at least seven (7) calendar days prior to any action that the public agency proposes or refuses to initiate or change regarding the identification, evaluation, or educational placement of a child or propose or refuse to initiate or change the services and supports provided to a child which constitute a Free Appropriate Public Education (FAPE). This form should be used following the meeting where the proposed action has been discussed and the parent(s) are fully informed as to the proposed action. If appropriate, a copy of the Procedural Safeguards should also be given to the parent(s).

1. Record the date of the meeting and the name of the school district.

2. Provide any reason or justification for taking the proposed action or refusing to take the requested action. Also describe any other options that were considered and rejected.

3. Describe any records, evaluations, reports or other data or information that were used as a basis for the decision. Include any other factors that were relevant to the decision.

Informed Parental Consent

The Informed Parental Consent form, or a similar form, may be used by public agencies to document written permission to conduct an initial comprehensive evaluation of a child suspected of having a

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disability or a reevaluation of a child with a disability. This is not a required form but is a form that can be used for documentation of informed parental consent as to the type of evaluation that is recommended for their child. This form should only be used after the need for the evaluation and the type(s) of evaluation tools or instruments to be used have been discussed with the parent(s) and the MET or IEP Committee believes that the parent(s) understands the evaluation process and procedures to be used.

1. Check if this is an Initial Evaluation or a Re-evaluation. In section two under Assessment Areas, indicate which areas will be assessed. In the second column on the right, indicate the method for assessing these areas, review of records, observations, interviews or tests. More than one assessment type may be checked.

2. The parent may agree to the evaluation and indicate that a copy of the Procedural Safeguards was given or the parent may disagree with the proposed assessment. At that point, the public agency should discuss with the parent the ramifications of the refusal of the evaluation and the public agency’s rights to proceed to a mediation or due process hearing on the matter.

Revocation of Consent

The Revocation of Consent form, or a similar form that contains all of the same information, may be used by public agencies to document a parent’s revocation of consent for special education services for his/her child. It is a Prior Written Notice letter that the public agency may send to the parent to inform him/her about the consequences of the decision to revoke consent. It informs the parent(s) that the child will be subject to all requirements that apply to general education students including, but not limited to, district and statewide assessments, graduation requirements, extracurricular activities, and discipline. This form should be used following a discussion with the parent(s) where they have been fully informed of the consequences of the decision to revoke consent. It is documentation of the consequences of the decision, not the vehicle to inform the parent(s) of the consequences of the decision.

DISPUTE RESOLUTION

Public Agency in this document refers to agencies responsible for providing education to children with disabilities including the Mississippi Department of

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Education (MDE), Local Education Agencies (LEAs), Educational Service Agencies (ESAs), and nonprofit public charter schools not a part of an LEA or ESA.

For the purpose of this document, the Local Education Agency is the LAUDERDALE COUNTY SCHOOL DISTRICT (LCSD).

Dispute Resolution

If a parent of a child with a disability and representatives of the public agency or other members of the child’s Multidisciplinary Evaluation Team (MET) or Individualized Educational Program (IEP) Committee, of which the parent is a member, disagree on any decisions regarding the identification, evaluation, placement, or provision of a Free Appropriate Education (FAPE) or the determination of whether a behavior was a manifestation of the child’s disability, there are several options for resolution of the dispute. The parent may file a Formal State Complaint or the parent or public agency may request a due process hearing. However, prior to filing a Formal State Complaint or requesting a due process hearing, the parent and the public agency may first resolve the dispute through a mediation process. Mediation is the first official step in due process and is designed to be less confrontational than a hearing in that its goal is to assist both the parents and the school district in reaching a compromise.

Mediation

The mediation process must be voluntary on the part of the parent and the public agency. It cannot be used to deny or delay a parent’s right to a hearing on the parent’s due process complaint. A qualified and impartial mediator who has been trained in effective mediation techniques by the Mississippi Department of Education (MDE), Office of Special Education (OSE) must conduct the mediation. The OSE maintains a list of such qualified mediators and the mediator for each dispute is selected on a rotational basis. The mediator may not be an employee of the MDE or OSE nor of the public agency that is involved. The mediator must not have a personal or professional interest that conflicts with the person’s objectivity. The mediator has no authority to impose a decision but instead is to assist the parent(s) and the public agency to reach a mutually agreed upon decision with regards to the dispute.

The Mississippi Department of Education/Office of Special Education (MDE/OSE) bears the cost of the mediation process, including the costs of any meeting(s) related to the process. All sessions for mediation must be scheduled in a timely manner and be held in a location this is convenient to the parties of the dispute.

Resolution of Dispute through MediationIf the dispute is resolved through the mediation process, the public agency and parent must execute a legally binding agreement that specifies the resolution. This agreement must include a statement that all discussions that occurred during the process and any evidence presented must remain confidential. These confidential matters may not be used in any subsequent due process hearing or

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civil proceeding in a State or Federal court regardless of whether the parties resolve the dispute. The parent and a representative of the public agency, who has the authority to bind the public agency, must sign this agreement. A written, signed Mediation Agreement is enforceable in any State court of competent jurisdiction or in a District Court of the United States.

The mediation process can benefit both the parent(s) and the public agency by allowing the opportunity to understand each party’s reasoning and point of view without being in an adversarial environment. It also helps to maintain a relationship between the parent(s) and the public agency. Mediation is frequently low cost and does not usually require the involvement of an attorney.

Formal State Complaints

Filing a Formal State ComplaintAn organization or individual may file a signed written Formal State Complaint with the MDE/OSE. The written complaint may be in a letter or on a form provided upon request by the MDE/OSE or public agency. The violation described in the complaint must have occurred not more than one year prior to the date that the complaint is received. A copy of the complaint must be forwarded to the public agency serving the child at the same time the organization or individual files the complaint with the MDE/OSE. The complaint must include: A statement that the school district has violated a requirement of Part B of Individuals with

Disabilities Education Act (IDEA), State Board Policy 7219 or a statement that the public agency is not implementing a due process hearing decision;

The facts on which the statement is based, including copies of any documentation that support the allegation and general dates if possible;

A description of the nature of the problem of the child, including facts relating to the problem; A proposed resolution of the problem to the extent known and available at the time the complaint

is filed. The signature and contact information for the complainant; and If the violations concern a specific child:

The name of the child and the resident address; The name of the school the child is attending; In the case of a homeless child (defined by the McKinney-Vento Homeless Assistance Act),

the available contact information for the child and the school attending.

MDE/OSE Response. The MDE/OSE will forward a copy of the complaint to the school district within 3 business days of receipt. At that time, the school district must provide a copy of the Procedural Safeguards to the Complainant. The school district and parent may choose to use mediation to resolve the complaint or to resolve the complaint through more formal methods. The school district must be given the opportunity to submit a written response to the allegations in the State complaint within the timelines specified by the MDE/OSE. The public agency must send a copy of its written response to the complainant. The school district’s response: Must include a statement about the issues in the complaint. May include a proposal for resolution of the complaint.

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May include a proposal to mediate.

The MDE/OSE may conduct an additional investigation by reviewing documentation provided by both parties or by conducting an on-site visit. The MDE/OSE will issue a written Findings and Decision within sixty (60) calendar days of receiving the Formal State Complaint containing all of the required information.

The MDE/OSE does not investigate matters that are currently the subject of a due process hearing or matters that have been previously resolved by a Hearing Officer in a due process hearing decision. If a due process hearing request is filed on the same issues and between the same parties as a pending Formal State Complaint, the MDE/OSE will set aside any part of the Formal State Complaint that is being addressed in the due process hearing. However, any issue(s) in the Formal State Complaint that is not part of the due process request will be resolved by the MDE/OSE within the 60-day timeline.

Findings and Decision. The MDE/OSE will issue a written decision (Findings and Decision) to the complainant and to the school district which includes: A statement of the allegation(s) investigated; and, Findings of fact and a conclusion for each allegation investigated, including a statement of

whether or not a violation of requirement of Part B of the Individuals with Disabilities Education Act (IDEA), State Board Policy 7219, or its implementing regulations occurred, and the reasons for the conclusion;

The corrective actions the school district must implement including the correction of all identified cases of noncompliance, including any noncompliance discovered during the investigation unrelated to the original complaint;

Additional corrective action of specific regulatory requirements to ensure continued compliance for any findings of systemic or substantive violations;

Timelines for completing the corrective actions; and Assignment of an MDE/OSE contact person for technical assistance in completing the corrective

actions.

Upon receipt of the Findings and Decision document, the school district will be required to submit an Improvement Plan. On receipt of notification that the Formal State Complaint has been satisfactorily addressed by the school district or has been withdrawn by the complainant, the MDE/OSE will consider the Formal State Complaint resolved. This includes when a school district offers to provide the remedy proposed by the complainant.

Due Process Complaints

Filing a Due Process Complaint

A parent may file a due process complaint if the public agency:

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Proposes to initiate or change the identification, evaluation or educational placement of the child or the provision of FAPE to the child;

Refuses to initiate or change the identification, evaluation or educational placement or the provision of a FAPE;

Proposes a placement as a result of a disciplinary action; or Has made a decision that the child’s behavior is a manifestation of the child’s disability.

The public agency may also request an expedited due process hearing if the agency believes that maintaining the child’s current placement is substantially likely to result in injury to the child or to others. The violation must have occurred not more than two (2) years before the date the parent or public agency knew or should have known about the alleged action that forms the basis of the due process complaint.

This two-year timeline does not apply if the public agency has misrepresented the resolution of the problem forming the basis of the dispute or if the public agency withheld required information from the parent. The public agency must inform the parent of any free or low-cost legal and other relevant services available in the area if the parent requests the information or if the parent or the agency filed a due process complaint. The public agency must also provide the parent with the Procedural Safeguards Notice document and the procedures regarding mediation services.

The party filing the complaint must provide to the other party the due process complaint, which must remain confidential. The parties involved may be the public agency, the parent or the attorney representing the parent or public agency. The party filing the complaint must also forward a copy of the complaint to the MDE/OSE. The complaint must include: The name of the child and the resident address; The name of the school the child is attending and the district; In the case of a homeless child (defined by the McKinney-Vento Homeless Assistance Act), the

available contact information for the child and the school attending; A description of the nature of the problem of the child, including facts relating to the problem; and A proposed resolution of the problem to the extent known and available at the time the complaint

is filed.No party may have a hearing on the due process complaint until the party, or the attorney representing the party, files a due process complaint that meets the requirements specified above. Once the due process complaint has been filed the following timelines apply: Within five (5) days of receiving the complaint, the Hearing Officer must make a decision as to

whether the due process complaint meets the criteria described above and notify the parties in writing of his/her decision.

The due process complaint is deemed to be sufficient unless the receiving party notifies the hearing officer and the filing party in writing within fifteen (15) days of receipt that the due process complaint does not meet the requirements specified above.

Basic Timelines for the Complaint and Resolution Process. If the public agency has not sent a Prior Written Notice (PWN) to the parent(s) regarding the subject matter contained in the parent’s due

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process complaint, within ten (10) days of receiving a Due process complaint, filed by a parent, the public agency must send a response that includes the following: An explanation of why the agency proposed or refused to take the action raised in the complaint; A description of other options considered by the Individualized Education Program (IEP)

committee and why these options were rejected; A description of each evaluation procedure, assessment, record or report on which the agency

based their decision; and A description of the other factors that are relevant to the agency’s proposed or refused action.

This response does not negate the public agency’s option of declaring the due process complaint as insufficient, if appropriate. If the due process complaint is received by a party other than the public agency, the receiving party must respond within ten (10) days to address the issue raised in the complaint.

Resolution Meeting: The public agency must convene a meeting with the parent and relevant members of the IEP Committee as determined by the parent and the public agency, within fifteen (15) days of receiving notice of the due process complaint and prior to the initiation of a due process hearing. The purpose of this meeting is to discuss the due process complaint and the facts that form the basis of the complaint so that the public agency has the opportunity to resolve the dispute. The meeting must include an agency representative who has decision-making authority on behalf of the agency. The public agency may not include an attorney unless the parent is accompanied by an attorney. The parent and the public agency may agree in writing to waive the meeting or the parent and the public agency may agree to use the mediation process. If a resolution to the dispute is reached at the meeting, the parties must execute a legally binding agreement that is signed by both the parent and the public agency representative. This agreement is enforceable in any State court of competent jurisdiction or in a district court of the United States. Either party has three (3) business days to void the binding agreement.

If the public agency has not resolved the due process complaint to the satisfaction of the parent within thirty (30) days of receipt of notice, the due process hearing may proceed. The process for issuing a final decision begins at the expiration of the thirty (30) day resolution period. The failure of the parent filing a due process complaint to participate in the resolution meeting will delay the timelines for the due process hearing until the meeting is held. If the public agency is unable to obtain the participation of the parent in the resolution meeting after making reasonable efforts and documenting those efforts, the public agency may request dismissal of the due process complaint. If the public agency fails to hold the resolution meeting within fifteen (15) days of receiving notice of the complaint, the parent may ask the hearing officer to proceed with the due process hearing.

The forty-five (45) day timeline for the due process hearing starts the day after one of the following occurs: Both parties agree in writing to waive the resolution meeting. After either the mediation or resolution meeting starts but before the end of the thirty (30) day

period, the parties agree in writing that no agreement is possible.

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Both parties agree in writing to continue the mediation at the end of the thirty (30) day period, but later, the parent or public agency withdraws from the mediation process.

Note: If the public agency files a due process complaint, the regulations do not require the public agency to convene a resolution meeting. However, the public agency and the parent(s) may choose to voluntarily engage in mediation to resolve the issue. Since the resolution process is not required under the regulations when a public agency files a complaint, the forty-five (45) day timeline for issuing a written decision begins the day after the public agency’s due process complaint is received by the other party and the MDE/OSE. If the complaint is determined to be insufficient and is not amended, the complaint could be dismissed.

Hearing Officer. An impartial hearing officer is assigned to the complaint by the MDE/OSE. This officer cannot be an employee of the MDE or the public agency that is involved in the education or care of the child. This person cannot have a personal or professional interest that conflicts with the person’s objectivity in the hearing. The hearing officer must possess knowledge of and the ability to understand the provisions of Individuals with Disabilities Education Act (IDEA) Amendments of 2004, State Board Policy 7219 and legal interpretations of IDEA by Federal and State courts. The officer must also possess the knowledge and ability to render and write decisions in accordance with appropriate, standard legal practice.

Hearing Officer’s Authority and DutiesA hearing officer has the authority and the duty to: Conduct a fair hearing; Ensure that the rights of all parties are protected; Define issues; Receive and consider all relevant and reliable evidence; Ensure an orderly presentation of the evidence and issues; Ensure a record is made of the proceedings; and Reach a fair, independent and impartial decision based on the issues and evidence presented at

the hearing and in accordance with applicable law as well as Federal regulations under IDEA and State policies.

In order to perform these duties, the hearing officer has the authority to: Hold pre-hearing conferences in a timely manner for the purpose of clarifying the matters in

dispute or resolving the dispute without the necessity of a hearing; Dismiss a hearing request when the issue(s), once clarified, is one that does not pertain to the

identification, evaluation, educational placement and/or provision of a free appropriate public education (FAPE);

Dismiss a hearing request when the requesting party fails to proceed to a hearing within six (6) months from the date of the hearing request;

Decide the matter in dispute without a hearing upon submission of written documents and with the agreement of the parties;

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Schedule a mutually convenient date, time and place for the hearing consistent with the rights of the parties under these regulations;

Receive, rule on, exclude or limit evidence; Order additional evaluations by the public agency or an independent evaluation at public expense

when necessary in order to determine the appropriate special education and related services for the child;

Administer the oath of affirmation to anyone who will testify at the hearing; Assist all those present in making a full and free statement of the facts; Determine if the hearing will be opened or closed to the public based on the decision of the

parent; Ensure that all parties have a full opportunity to present all their claims orally, or in writing, and to

issue a subpoena to compel the attendance of witnesses or the production of documents specifically relevant to the resolution of the issues presented in the hearing; and

Take such steps as appropriate to assure the orderly presentation of evidence and protection of the rights of the parties of the hearing.

If the hearing officer determines that the due process complaint is insufficient, the hearing officer’s decision will identify how the notice is insufficient so that the filing party can amend the notice if appropriate. A party may amend its due process complaint only if the other party consents in writing to the amendment and is given the opportunity to resolve the due process complaint through a resolution meeting or through mediation. The hearing officer may also grant permission to amend the complaint at any time not later than five (5) days before the due process hearing begins. If a party files an amended due process complaint, the timelines for the resolution meeting and resolution period begin again with the filing of the amended due process complaint. If the hearing officer determines that the complaint is insufficient and the complaint is not amended, the complaint may be dismissed. A party may re-file a due process complaint if the complaint remains within the applicable timelines for filing – generally, within the two (2) year period that the alleged action occurred.

No ex parte communication between the appointed hearing officer and either party to the hearing will be conducted. When communication with the hearing officer by either party is necessary, the hearing officer must ensure both parties are involved in the requested communication. No communication will be conducted between the appointed hearing officer and the MDE personnel or between either party and MDE personnel regarding any substantive issue(s) of the hearing.

Due Process HearingThe due process hearing is conducted by an impartial due process hearing officer appointed by the MDE/OSE at a time and place that is reasonable and convenient to the parents of the child involved. The party requesting the hearing may not raise issues at the hearing other than those specified in the complaint unless the other party agrees. At least five (5) business days prior to the hearing, each party must disclose to all other parties, any evaluations completed and recommendations based on the evaluations. The hearing officer may bar any introduction of relevant evaluations or

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recommendations that have not been disclosed. Any party to a hearing or an appeal has the right to be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the problems of children with disabilities. Unless determined under State law, non-attorneys may not represent the parents in the due process hearing. Both parties have the right to present evidence, confront, cross-examine and compel the attendance of witnesses. Both parties also have the right to prohibit the introduction of any evidence at the hearing that has not been disclosed to that party at least five (5) business days before the hearing. A written or, at the option of the parents, an electronic verbatim record of the hearing may be obtained by either or both parties as well as a written or electronic record of the findings of fact and opinion.

The parent involved in the hearing has the right to have the child who is the subject of the hearing present. They have the right to open the hearing to the public and to have a record of the hearing and the findings of fact and decisions provided at no cost.

Hearing DecisionsA hearing officer’s decision of whether a child received FAPE must be made on substantive grounds. In matters alleging a procedural violation, the violation must have impeded the child’s right to FAPE; the parent’s opportunity to participate in the decision-making process regarding the provision of a FAPE; or caused a deprivation of educational benefit. This does not preclude a hearing officer from ordering a public agency to comply with procedural requirements. A copy of the final decision must be mailed to each of the parties.

The due process hearing decision does not limit the parent from filing a separate due process complaint on an issue unrelated to the current due process complaint. All due process hearing decisions must be transmitted to the State Special Education Advisory Panel but all personally identifiable information must be deleted. These findings and decisions must also be made available to the public.

A decision made in a due process hearing is final and binding on all parties unless either party brings a civil action.

Civil Action

Either party who disagrees with the hearing officer decision has the right to bring a civil action. The civil action may only address the due process complaint and the facts surrounding the complaint. Before filing a civil complaint, all due process procedures must be exhausted. The civil action may be brought in any State court of competent jurisdiction or in a district court of the United States without regard to the amount in controversy. The civil action must be filed within ninety (90) days from the date of the hearing officer decision. In any civil action, the court: Receives the records of the administrative proceedings; Hears additional evidence at the request of a party; Bases its decision on the preponderance of the evidence; and Grants the relief that the court determines to be appropriate.

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Child’s Status during ProceedingsDuring the pendency of any administrative or judicial proceeding regarding a due process complaint, the child involved in the complaint must remain in his or her public agency and the parent may agree to a change in placement if determined to be in the best interest of the child. The hearing officer in a due process hearing may agree with the child’s parents that a change in placement is appropriate. If the complaint involves an application for initial admission to public school, the child, with the consent of the parent, must be placed in the public school until the completion of all the proceedings.

In the case of a complaint that involves a three (3) year old child transitioning from Part C to Part B who is no longer eligible for Part C services, the public agency is not required to provide the Part C services that the child had been receiving. If the child is found eligible for special education and related services under Part B and the parent gives consent for services, then the public agency must provide those special education and related services that are not in dispute.

Attorneys’ Fees

In any action or proceeding as a part of dispute resolution, if the parent is the prevailing party, the court may award the parent reasonable attorneys’ fees as part of the costs awarded. The fees awarded must be based on rates prevailing in the community in which the action or proceeding was filed. These rates must also be consistent with the kind and quality of services provided. No bonus or multiplier may be used in calculating the fees awarded. Funds under Part B of IDEA may not be used to pay attorneys’ fees or costs of either party that are related to an action or proceeding related to a due process hearing. The prohibited reimbursement of costs would include depositions, expert witnesses and settlements or costs related to settlements.

Part B under IDEA funds may be used for conducting an action or proceeding. These costs may include paying a hearing officer, provision of the location for the hearing and the transcript of the hearing.

If the public agency is the prevailing party, the court may also award reasonable attorneys’ fees against the attorney of a parent in the following circumstances: The complaint is frivolous, unreasonable or without foundation; The parent continued to litigate after the litigation clearly became frivolous, unreasonable or

without foundation; or Against the parent if the parent’s request for a due process hearing was presented for any

improper purpose such as: To harass; To cause unnecessary delay; and To needlessly increase the cost of litigation.

Award of FeesNo attorneys’ fees may be awarded or related costs reimbursed for services performed after the time of a written offer of settlement to the parent:

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If the offer was made within the time prescribed by Rule 68 of the Federal Rules of Civil Procedure;

In the case of an administrative proceeding, the offer is made at any time more than ten (10) days before the proceeding begins;

The offer is not accepted within ten (10) days; and The court or administrative hearing officer finds that the relief finally obtained by the parents is not

more favorable to the parents than the offer of settlement.

Attorneys’ fees may not be awarded relating to any meeting of the IEP Committee unless the meeting is convened as a result of an administrative proceeding or judicial action or at the discretion of the MDE for mediation.

An award of attorneys’ fees and related costs may be made to the parent who is the prevailing party and who was substantially justified in rejecting the settlement offer. The court may reduce the amount of attorneys’ fees awarded if the court finds that: The parent, during the course of the action or proceeding, unreasonably protracted the final

resolution of the controversy; The amount of the attorneys’ fees otherwise authorized to be awarded unreasonably exceeds the

hourly rate prevailing in the community for similar services by attorneys of reasonable comparable skill, reputation and experience;

The time spent and legal services furnished were excessive considering the nature of the action or proceeding; or

The attorney representing the parent did not provide to the public agency the appropriate information in the request notice for the impartial Due process hearing.

These provisions do not apply in any action or proceeding if the court finds that the public agency has unreasonably protracted the final resolution of the action or proceeding or there was a violation of section 615 of the law which addresses Procedural Safeguards for children with disabilities and their parents.

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REGULATORY REFERENCE§§300.506-300.518; 300.151-300.153

Dispute Resolution Comparison Chart

Mediation Due Process State Complaint Resolution Session

Initiation of the process

Both the Parent and the Public Agency must

participate voluntarily

Either the Parent or the Public Agency

can initiate due process

Any individual or organization may

initiate a State complaint

The Public Agency may schedule are solution session upon receipt of a due process hearing request from a parent

Time limit for initiating the process

None specified

Two (2) years from learning of an issue

(or when either party should have learned

of the issue)

One (1) year from the alleged violation

Convened within fifteen (15) days of receipt of the due

process hearing request unless both parties agree in writing

to waive the resolution session or agree to mediation.

Issues that may be addressed

Any matter concerning IDEA,

Federal regulations, or

State Board Policy 7219

Any matter concerning

identification, evaluation,

placement, or provision of FAPE

Any alleged violations of IDEA, Federal regulations,

or State Board Policy 7219

Any matter concerning identification, evaluation, placement, or provision of

FAPE

Timeline for resolving the issues

None specified None Specified

Sixty (60) days from receipt of the complaint, may be

extended due to exceptional

circumstances

The resolution period may last for no more than thirty (30)

days.

Party that resolves the issues

Both the Parent and the Public

Agency must agree to the solution in

writing (assisted by a Mediator)

Hearing OfficerMDE Office of

Special Education

Both the Parent and the Public Agency must agree to the

solution in writing

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DUE PROCESS TIMELINE

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Day Fifteen (15)If any required information is

missing, the public agency notifies the parent and the MDE/OSE in

writing.

If the public agency fails to hold a meeting or attend the meeting, the

parent may request to proceed with a due process hearing.

If the parent amends the complaint, it must be refiled. If the public agency

consents to the amendments, the timelines start over.

If the parent fails to attend the meeting, the meeting must be

rescheduled and the timeline is delayed.

Day Thirty (30)The public agency requests a dismissal of the complaint.

Day Fifteen (15)A meeting is convened by the public

agency, the parent, and any other relevant members of IEP Committee

to discuss the complaint.

Day Twenty (20)The Hearing Officer determines the

sufficiency of the complaint and notifies each party in writing

Day Thirty (30)The public agency resolves the

complaint or a due process Hearing is held.

Day Ten (10)The public agency responds to the

parent and the MDE/OSE in writing.

Day Seventy-Five (75)The Hearing Officer reaches a final decision. The decision is mailed to both parties. (NOTE: The Hearing Officer may grant an extension.)

Day One Hundred Twenty (120)Either party may bring a civil action contesting the

decision of the Hearing Officer.

Day One (1)A due process complaint is filed by a parent. A

copy is forwarded to the public agency and to the MDE Office of Special Education.

Request for Due Process Hearing

The Request for Due Process Hearing form may be used by parents, an individual authorized to represent the parent, or representatives of a public agency to make an official request for a hearing.

1. Complete the first line of the form by filling in the name of the person requesting the due process hearing. This may be the parent or the public agency representative.

2. Complete the family information section of the form. The section of the form which concerns the reason for the request for the due process hearing must indicate the proposal or refusal to address one of the four reasons stated below:

Identification Evaluation Educational placement FAPE

3. Describe in detail the nature of the disagreement concerning the reason for the due process request. Provide as much information including dates if possible. Provide facts rather than opinions.

4. Provide a proposed resolution to the situation with as much detail as possible.

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MISSISSIPPI DEPARTMENT OF EDUCATION OFFICE OF SPECIAL EDUCATION

REQUEST FOR DUE PROCESS HEARING UNDER PART BOF THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT 2004 AMENDMENTS

I, am requesting a hearing before a State Level Hearing Officer.Parent’s or Public Agency Representative’s Name

FAMILY INFORMATIONParent’s Name and Address: Child’s Name and Address (if different):

Parent’s Email: Parent’s Phone: School District/Agency:

REASON FOR DUE PROCESS REQUESTI disagree with a proposal to initiate or change:o The identification of my childo An evaluation of my childo The educational placement of my childo The provision of a free appropriate public education

(FAPE) to my child

I disagree with a refusal to initiate or change:o The identification of my childo An evaluation of my childo The educational placement of my childo The provision of a free appropriate public education

(FAPE) to my child

DISAGREEMENT DESCRIPTIONDescribe the nature of the disagreement indicated above and any important facts about this situation. Use additional sheets of paper if more space is needed:

PROPOSED RESOLUTIONDescribe your proposed resolution of the disagreement.

Would you agree to participate in a Mediation process? o Yeso No NOTE: Checking “yes” will not delay your opportunity to receive a due process hearing.

REQUESTER’S INFORMATIONSignature: Date:

*Address and phone number (if not the parent): *Position/role (if not the parent):

*If another individual representing the parent (e.g., attorney) completes this form on the parent’s behalf, this form must be submitted with written authorization for representation signed by the parent.

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Formal State Complaint Form

The Formal State Complaint Form, or a similar form containing all of the same required information, may be used by parents or an individual authorized to represent the parents to make an official complaint when the parent believes a public agency has violated a requirement of Part B of the Individuals with Disabilities Education Act (IDEA) or State Policies Regarding Children with Disabilities (State Board Policy 7219) or that the public agency is not implementing a due process hearing decision. Prior to filing a Formal State Complaint, the parent(s) should seek to provide the district personnel opportunities to discuss and resolve any concerns and issues and suggest possible solutions prior to filing a formal state complaint.

1. Fill out the form as completely as possible. Provide factual information with dates if possible. Provide copies of any supporting data or information. If the form is not completed accurately and as completely as possible, the MDE/OSE will notify the complainant in writing that the complaint has been determined to be insufficient and what additional information is needed in order for the complaint to meet the requirements of the regulations.

2. If the Formal State Complaint is filed on behalf of an individual student and the complainant is not the child’s parent, a consent or authorization to disclose confidential information that is signed by the parent must be submitted in order for the MDE/OSE to provide the findings and decision to the complainant. The consent or authorization must be signed by the parent and specifically authorize the MDE/OSE to release information about the child to the complainant.

3. Mail or hand-deliver a copy of the completed Formal State Complaint form to the appropriate district personnel. Mail or hand-deliver the original completed complaint form to:

Parent ConsultantMississippi Department of EducationOffice of Special EducationPost Office Box 771Jackson, MS 39205-0771

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MISSISSIPPI DEPARTMENT OF EDUCATION OFFICE OF SPECIAL EDUCATION

FORMAL STATE COMPLAINT UNDER PART B OF THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT 2004 AMENDMENTS

A complaint process can be used when you believe a district violated a requirement of Part B of the Individuals with Disabilities Education Act (IDEA) or State Policies Regarding Children with Disabilities (State Board Policy 7219) or the district is not implementing a due process hearing decision.Please fill out this form as completely as possible. Use additional paper if more space is needed.

FAMILY INFORMATIONParent’s Name and Address: Child’s Name and Address (if different):

Parent’s Email: Parent’s Phone: School District/Agency:

COMPLAINT DESCRIPTIONPlease provide a detailed summary of the situation including any key dates and important facts about what happened. Use additional sheets of paper if more space is needed. Please provide copies of any documentation that supports the allegation, if possible:

List the regulation(s) you believe the school district or educational agency has violated?

This violation occurred less than one (1) year before the date of this complaint? o Yeso No If so, do you believe the violation is continuing?o Yeso No

EFFORTS TO RESOLVE COMPLAINTHave you talked with school/program personnel about this issue? o Yeso No

If so, list the name of the person with whom you spoke: ______________________________________Have you met with school/program personnel about this issue? o Yeso No

If so, list the name of the person with whom you met: _________________________________________________When was the meeting held:

PROPOSED RESOLUTIONDescribe your proposed resolution of the complaint.

REQUESTER’S INFORMATIONSignature Date

*Address and phone number (if not the parent) *Relationship to child (if not the parent)

*If another individual representing the parent (e.g., attorney) completes this form on the parent’s behalf, this form must be submitted with written authorization for representation signed by the parent.

Mail or deliver original to: Parent Consultant, MDE Office of Special Education, P.O Box 771, Suite 301, Jackson, MS 39205

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CONFIDENTIALITY

The Mississippi Department of Education, Office of Special Education, requires each public agency to have policies and procedures in effect to ensure the confidentiality of any personally identifiable information collected, used or maintained relative to preschool, elementary and secondary students as required under IDEA and the Family Education Rights and Privacy Act (FERPA).

Definitions

Personally identifiable means information that contains: The name of the child, the child’s parent, or other family member(s); The address of the child or the child’s family: A personal identifier, such as the child’s social security number or student ID number; A list of personal characteristics or other information that would make it possible to identify the

child with reasonable certainty; Other information that would make the child’s identity easily traceable including information

recorded in any way, such as computer media, video or audio materials, digital materials or photographs;

Any indirect identifier such as the child’s date of birth, place of birth or mother’s maiden name; Other information that, alone or in combination, is linked or linkable to a specific child that would

allow a reasonable person in the state agency’s community, who does not have personal knowledge of the relevant circumstances, to identify the child with reasonable certainty; or

Information requested by a person who the state agency reasonably believes knows the identity of the child to whom the education record relates.

Education records mean the type of records covered under the definition of “education records” in 34 CFR §99 of the Family Rights and Privacy Act of 1974. Under FERPA, the term means those records that are directly related to a student and maintained by an educational agency or institution or by a party acting for the agency or institution.

Participating agency means any agency or institution that collects, maintains or uses personally identifiable information or from which information is obtained, under Part B of IDEA.

Responsibilities of the Agency for Confidentiality of Records159

Public Agency in this document refers to agencies responsible for providing education to children with disabilities including the Mississippi Department of Education(MDE), Local Education Agencies (LEAs), Educational Service Agencies (ESAs), and nonprofit public charter schools not a part of an LEA or ESA.

For the purpose of this document, the Local Education Agency is the LAUDERDALE COUNTY SCHOOL DISTRICT (LCSD).

Each participating agency must protect the confidentiality of personally identifiable information at: Collection Storage Disclosure Destruction

The agency must appoint one official to assume responsibility for ensuring the confidentiality of personally identifiable information. Responsibilities of this individual would include: Maintaining the data in a locked storage facility; Determining who has access to the records; Maintaining records of all individuals who had access to the records except parents and

appropriate agency staff; and Securing parental consent prior disclosure of personally identifiable data, unless allowed by law.

All agency personnel collecting or using personally identifiable information must receive training or instruction regarding MDE’s policies and procedures for protecting the confidentiality of personally identifiable information.

Access Rights to Personally Identifiable information and Required Procedures Each public agency must permit parents to inspect and review any education records relating to

their children that are collected, maintained or used by the public agency. The rights of parents regarding education records are transferred to the adult student at age twenty-one (21), taking into consideration the type or severity of the disability.

The public agency must comply with a request without unnecessary delay and before any meeting regarding an Individualized Education Program (IEP), any due process hearing or resolution session and in no case more than forty-five (45) days after the request has been made.

An agency may presume that the parent has authority to inspect and review the records relating to his or her child unless the agency has been advised that parent does not have the authority under applicable State laws governing such matters as guardianship, separation and divorce.

If any education record includes information on more than one child, the parents have the right to inspect and review only the information relating to their child or to be informed of that specific information.

Upon request, the public agency must provide the parents with a list of the types and locations of education records collected, maintained or used by the public agency.

The public agency must respond to reasonable requests for explanations and interpretations of the records.

The public agency must comply with the parent’s request for copies of the records containing the information if failure to provide these copies would effectively prevent the parents from exercising the right to inspect and review the records.

The parent must provide written authorization to the agency if a representative of the parent inspects and reviews the records.

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Notice to ParentsAnnually, the public agency must give notice to parents concerning the confidentiality regulations using various methods of communication (e.g., website, brochures, newspapers, etc.). Notices must be available in the native language of the children and/or the families of those served by the public agency.

This notice must include: A description of the children for whom personally identifiable information is maintained; The types of information sought; The methods used to gather the information including sources from whom the information is

gathered; The uses to be made of the information; A summary of the policies and procedures that participating agencies must follow regarding

storage, disclosure to third parties, retention and destruction of personally identifiable information; and

A description of all of the rights of parents and children regarding this information, including the rights under IDEA and the Family Educational Rights and Privacy Act (FERPA).

Record of Access and Disclosure of Personally Identifiable InformationEach participating agency must keep a record of parties obtaining access to, or requests for disclosure of, education records collected, maintained or used under Part B of IDEA. Record of access by parents and authorized employees of the participating agency does not need to be maintained. The agency must maintain, for public inspection, a current listing of the names and position of those employees within the agency who may have access to the information. For all other parties who obtain access to education records collected and maintained by the public agency, the public agency must keep a record which includes:

The name of the party; The date access was given; and The purpose for which the party is authorized to use the records.

The agency must maintain the record of access with the education records of the student as long as the records are maintained.

Fees for Copies of RecordsEach participating agency may charge a fee for copies of records that are made for parents. However, the charge cannot effectively prevent the parents from exercising their right to inspect and review those records. Fees cannot be charged for the time required to search for or retrieve the records.

Consent for Disclosure of Personally Identifiable Information

Consent for the release of personally identifiable data means that the parent has been fully informed in his or her native language or other mode of communication of all information that will be released.

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The parent must consent in writing to the disclosure. The parent should understand that the granting of consent is voluntary and may be revoked at any time. If the parent revokes consent, this action does not negate any disclosure that occurred prior to the revocation of the consent.

The written consent must include: A specification of the records to be disclosed; The purpose of the disclosure; and Identification of the party or parties to whom the disclosure may be made.

The consent must be signed and dated by the parent. Parental consent must be obtained before personally identifiable information is disclosed. At the parent request, the agency must provide a copy of the records disclosed.

Refusal to Give ConsentIn a situation where the public agency is seeking consent for the release of records (e.g., educational, medical, psychological, etc.), but the parent refuses to give consent, the public agency may, but is not required to, initiate mediation or due process procedures (refer to Dispute Resolution).

Consent is not Required for DisclosureConsent is not required to disclose personally identifiable information to or for the purpose of: Other school officials, including teachers, within the public agency whom the agency has

determined to have legitimate educational interests. Authorized Federal, State or local representatives in connection with an audit or evaluation of the

Federal or State supported education programs, or for the enforcement of or compliance with Federal legal requirements which relate to those programs. The information must be protected in a manner that does not permit personal identification of individuals by anyone except the officials referred to above and must be destroyed when no longer needed.

A financial aid application if the information is necessary for the completion of the application for which the student has applied or which the student has received.

State and local officials or authorities to whom this information is allowed to be disclosed under State statute concerning the juvenile justice system and the system’s ability to effectively serve the student whose records are released.

Organizations conducting studies for, or on behalf of, educational agencies or institutions to develop, validate or administer predictive tests; administer student aid programs; or improve instruction. Information may only be disclosed if the study is conducted in a manner that does not permit personal identification of parents and students by individuals other than representatives of the organization and the information is destroyed when no longer needed.

Accrediting organizations to carry out their accrediting functions. A judicial order or a lawfully issued subpoena. The public agency must make a reasonable

attempt to notify the child’s parents of the judicial order or subpoena before releasing the records. Notice to the parents is not required if the disclosure is in compliance with a Federal grand jury subpoena or any other subpoena issued for law enforcement purposes and the court or other

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issuing agency has ordered that the existence or the contents of the subpoena or the information furnished not be disclosed.

A public agency designated “directory”. Public notice must be given to parents of students in attendance and eligible students in attendance at the agency prior to the disclosure. The notice must specify the types of personally identifiable information that the agency has designated as “directory” information. The parent or eligible student has the right to refuse to let the agency designate any or all of those types of information about the student as directory information. The parent or eligible student must be given a timeline for submitting in writing their refusal to allow any or all of the disclosure.

The court, without a court order or subpoena, if the public agency has initiated legal action against the parent or student. The information disclosed must be relevant for the agency to proceed with the legal action as plaintiff.

To the court, without a court order or subpoena, if the parent or eligible student has initiated legal action against the public agency. The information disclosed must be relevant for the agency to defend itself.

Protecting the health or safety of the child or other individuals in connection with a health or safety emergency.

The Office for Civil Rights. Officials within the Department of Human Services, Department of Corrections, Department of

Juvenile Justice and Department of Labor for the purpose of making appropriate educational decisions regarding placements.

Destruction of Personally Identifiable Information

The public agency must inform parent when personally identifiable information collected, maintained or used under this part is no longer needed to provide educational services to the child. Destruction means physical destruction or removal of personal identifiers from information so that the information is no longer personally identifiable.

The information must be destroyed at the request of the parents. The parents have the right to request a copy of the information at no cost.

However, the agency must keep a permanent record of the student’s name, address, telephone number, grades, attendance record, classes attended, grade level completed and year completed.

Amendments of Records at Parent Request

If a parent believes that information in the education records collected, maintained, or used is inaccurate or misleading or violates the privacy or other rights of the child, the parent may request the public agency to amend the information. The public agency must decide whether to amend the

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information in accordance with the request. This decision must be made within a reasonable period of time of receipt of the request. If the public agency decides to refuse to amend the information in accordance with the request, it must inform the parents of the refusal and advise the parent of the right to a hearing. If the public agency agrees to amend the information in accordance with the request, it must notify the parent within a reasonable time period from when the amendment has been completed.

Opportunity for a Hearing

If the parent requests a hearing, the public agency provides an opportunity for a hearing to challenge information in educational records to ensure that it is not inaccurate, misleading or otherwise in violation of the privacy or other rights of the child. The public agency must hold the hearing within a reasonable time after it has received the request for the hearing from the parent. The parents must be given a notice (within a reasonable amount of time) of the date, time and place of the hearing. Any individual, including an official of the educational agency who does not have direct interest in the outcome of the hearing, may conduct the hearing. The parent must have a full and fair opportunity to present evidence relevant to the issue raised. The parent may, at their own expense, be represented by an attorney(s) licensed to practice law in Mississippi and one or more individuals of their choice. The public agency must make its decision in writing within a reasonable period of time after the hearing. The decision must be based solely on the evidence presented at the hearing, and must include a summary of the evidence and the reasons for the decision.

Result of the HearingIf, as a result of the hearing, the public agency determines that evidence presented in the hearing substantiates the parents’ charge, the student’s record will be amended to correct the error and the parent shall be informed in writing that this amendment has been made.

If, as a result of the hearing, the public agency determines that the records are not inaccurate, misleading or otherwise in violation of the privacy or other rights of the student, the parent shall be informed of this decision and their right to place in their child’s record a statement commenting on the information or setting forth any reasons for disagreeing with the decision of the hearing. The statement shall be maintained with the contested part of the record for as long as the record is maintained. If the records of the child or the contested portion are disclosed by the agency to any party, the explanation must also be disclosed to the party.

Referral To and Action by Law Enforcement and Judicial Authorities

If the public agency has reported a crime committed by a child with a disability, the agency may forward copies of the special education and disciplinary records of the child for consideration by the appropriate authorities to whom the agency reported the crime. Parental consent will be required

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when releasing personally identifiable information except in certain limited circumstances. These circumstances would include: The public agency initiates legal action against a parent or student. The public agency may

disclose to the court the education records of the student that are relevant for the agency to proceed with the legal action as plaintiff.

A parent initiates legal action against a public agency. The agency may disclose to the court the education records of the student that are relevant for the agency to defend itself.

The disclosure is in connection with a health or safety emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals. Appropriate information concerning disciplinary action taken against the student may also be included if the student’s conduct posed a significant risk to the safety or well-being of that student, other students or other members of the school community.

The student is an alleged perpetrator of a crime of violence or non-forcible sex offense. The student has committed a violation of the institution’s rules or policies.

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REGULATORY REFERENCE§§300.611-300.612; 300.615-300.626

SECTION 3APPENDICES

Top 19 Highlights for Procedural SafeguardsMDE Required Parental Communication Chart

LCSD Notice of Invitation to Committee Meeting and Reponse FormLCSD Student Invitation Response Forms

LCSD Prior Written NoticeLCSD Informed Parental Consent for Evaluation

LCSD Refusal/Revocation of Consent for Special Education ServicesLCSD Student Information Revision Form

Top 20 Highlights for Dispute Resolution

*Electronic versions of these forms are available on request from the LCSD Office of Special Services, 601-693-1683.

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Mississippi Department of EducationOffice of Special Education

PROCEDURES FOR STATE BOARD POLICY

7219

VOLUME IVDiscipline

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DISCIPLINE

Public Agency in this document refers to agencies responsible for providing education to children with disabilities including the Mississippi Department of Education (MDE), Local Education Agencies (LEAs), Educational Service Agencies (ESAs), State Schools, State Agency schools, and nonprofit public charter schools that are not a part of an LEA or ESA.

For the purpose of this document, the Local Education Agency is the LAUDERDALE COUNTY SCHOOL DISTRICT (LCSD).

Discipline

Public agencies must develop a written code of conduct provided to school personnel, parents, and children that establishes clear guidelines for behavior and consequences for violations of these expectations. Most discipline cases involve relatively minor infractions which are addressed according to public agency policy and procedures applicable to all children, including those with disabilities. However, in some cases, children with disabilities have special protections under the Individuals with Disabilities Education Act (IDEA) when they exhibit behaviors that violate the code of conduct and require an extended removal from the current educational setting. In these cases, public agency, the parent and relevant members of the Individualized Educational Program (IEP) Committee must determine if the behavior(s) are a manifestation of the child’s disability or if the proposed disciplinary action constitutes a change in their educational placement.

Enforcement of Public Agency Discipline ProceduresAgency personnel are granted the general authority to enforce discipline procedures according to the policies and procedures of the public agency. Disciplining children with disabilities who violate a code of student conduct by interrupting the child’s participation in education for up to ten (10) school days over the course of a school year, when necessary and appropriate to the circumstances, does not impose an unreasonable limitation on the child’s right to a Free and Appropriate Education (FAPE). If the public agency does not provide services to nondisabled children removed for the same amount of time, the public agency is not required to provide services to a child with a disability. However, agency personnel may use discretion on a case-by-case basis for a child with a disability who has violated the code of conduct. For example, agency personnel may give consideration to the individual situation and the child’s disability, disciplinary history, ability to understand consequences, and ability to regulate his/her behavior when determining appropriate discipline procedures for the child.

For example, consideration can be given under the following circumstances: Are the child’s thought processes logical? Does the child know and understand the public agency’s code of conduct”? Does the child understand the consequences for violation of the public agency’s code of conduct?

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Does the child know and understand that the behavior was inappropriate? Has the child demonstrated the ability to follow rules? Has the child previously expressed that similar behavior is wrong? Has the child expressed an understanding of consequences of behavior? Has the child previously followed similar rules? In what situations has the child be able to control behavior? Are there factors that explain the misconduct? Was the behavior premeditated?In addition, discipline procedures may be individually modified for a child according to an individualized plan or program such as a Behavior Intervention Plan (BIP), Individualized Educational Program (IEP), or 504 Plan.In making decisions concerning discipline procedures for a child with a disability, the public agency must consider the following factors: The proposed length of the removal from the current placement; If the behavior is a manifestation of the child’s disability; Whether the behavior is due to the failure of the public agency to implement the child’s IEP,

including program modifications such as a BIP; and Did the child, at school, on school premises, or at a school function,:

Carry or possess a weapon; Possess, sell, or use illegal drugs; and/or Inflict a serious bodily injury on another person?

Disciplinary Removals

Agency personnel may use disciplinary removals, including removal to an appropriate interim alternative education setting (IAES), removal to another setting, or suspension, for a child with a disability who violates a code of conduct to the extent those removals are used with children without disabilities who violate a code of conduct. However, agency personnel may not remove a child with a disability for more than ten (10) consecutive or cumulative school days without providing services following the tenth day of removal. However, careful consideration must be given to whether the behaviors, taken cumulatively, are substantially similar and constitute a pattern of behavior.

An in-school suspension (ISS) will be considered a removal, unless: The child with a disability is afforded the opportunity to continue to appropriately participate in

the general curriculum; The public agency continues to provide the services specified in the child’s IEP; and The child continues to participate with non-disabled peers to the same extent as s/he does in

his/her current placement.

A child with a disability should not be assigned to ISS for more than three (3) consecutive days. Following two (2) incidents of behavior(s), either related or unrelated, that result in assignment to ISS, the IEP Committee should review the IEP and develop a behavior plan to address the child’s behavior

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subject to the disciplinary action or if a behavior plan is in place, the behavior plan should be reviewed and revised, if appropriate, to address the specific behavior. Bus suspension would not be considered a “suspension” unless the bus transportation is a part of the child’s IEP. In this case, the child’s parent has the same obligation to get the child to school as the parent of a nondisabled child who has been suspended from the bus. If the bus transportation is a part of the child’s IEP, a bus suspension would be treated as a suspension unless the public agency provided the bus service in some other way.

Interim Alternative Educational Setting (IAES) is a setting other than the regular school setting that enables a child to continue to participate in the general education curriculum and for a child with a disability to progress toward meeting his/her IEP goals. The IAES must be an alternative which is used with nondisabled children (i.e., not a self-contained special education setting).

Suspension is defined as removing a child from the child’s regular educational setting. An Out-of-school suspension is a removal of a child to another location (typically the child’s home). In an OSS, a child does not participate in the general curriculum, receive special education or related services, or participate with nondisabled peers.

IDEA limits the number of days a child with a disability can be suspended for violating a code of conduct, provided a special circumstance does not apply. A school day is considered to be a day of out-of-school suspension if for any part of that day: the child is removed from the school, the child’s return to school is contingent upon a parent meeting, the parent has voluntarily removed the child from the school at the request of the school, or the child is suspended from special transportation (i.e., the public agency transports the child) that

results in absenteeism from school.

Disciplinary Removals that Do Not Constitute a Change in PlacementAgency personnel may remove a child for a period of up to ten (10) consecutive school days or less if this removal is in line with removals of children without disabilities. Additional removals for not more than ten (10) consecutive school days in the same school year may be applied if these removals are for separate incidents of misconduct and do not constitute a pattern of behavior. A pattern of behavior is defined as behavior that is substantially similar in each incident. Removals of ten (10) school days or less are not considered a change in placement, except when the child is placed in an interim alternative educational setting (IAES). For removals of ten (10) school days or less, the school district is not required to provide services to the child unless it provides services to a child without disabilities who is similarly removed.

Disciplinary Removals that Constitute a Change in PlacementAny decisions that impact placement must be made by the IEP Committee, including the following: A single removal of a child with a disability for ten (10) days or less to an IAES. A single removal of a child with a disability for more than ten (10) consecutive school days. The child has been subjected to a series of removals that constitute a pattern because:

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The series of removals total more than 10 school days in a school year; The child’s behavior is substantially similar to the child’s behavior in previous incidents that

resulted in the series of removals; Additional factors such as the length of each removal, the total amount of time the child has

been removed and the proximity of the removals to one another.

Note: The determination as to whether behavior in incidents that resulted in a series of removals is “substantially similar” should be made on a case-by-case basis and include consideration of any relevant information regarding the child’s behaviors, and, where appropriate, information in the child’s IEP. “Substantially similar” behavior is a subjective determination, however, when taken cumulatively and reviewed objectively, the IEP Committee will be able to make a reasonable determination as to whether a change in placement has occurred.

When a child with a disability is removed to an IAES, the child’s IEP committee, including the parent, must determine the appropriate services. The IEP Committee must provide the parent with Written Prior Notice (WPN) and the Procedural Safeguards Notice. The public agency is not required to provide all services in the child’s IEP but must continue to provide educational services so as to enable the child to participate in the general education curriculum, although in another setting, and to progress toward meeting his/her IEP goals. The IEP Committee determines the appropriate services to be provided. However, if the child is not making progress toward meeting the IEP goals, the IEP committee should review and revise either the determination of services or the appropriateness of the IAES. The removal to this setting must not exceed more than forty-five (45) school days. When an appeal has been made by either the parent or the public agency, the child must remain in the IAES pending the decision of the hearing officer or until the expiration of the time period (45 days) unless the parent and the public agency agree otherwise.

Manifestation of the Child’s Disability

The public agency, the child’s parent(s) and relevant members of the child’s IEP committee must meet within ten (10) school days from the decision to change the child’s placement such as removal to an IAES. This meeting is to review all information in the child’s file, the child’s IEP, teacher observations and any other information provided by the parent(s) that relate to the impact of the child’s disability on the behavior that violated the school’s code of conduct. For each incident after the tenth day or removal, it is the responsibility of the IEP Committee to determine if there is a relationship between the child’s disability and the behavior precipitating a disciplinary action. In order to consider the behavior in question a manifestation of the child’s disability, the relationship must be direct and substantial to the child’s disability or be the direct result of the public agency’s failure to implement the IEP. If the public agency, the parent(s) and the relevant members of the child’s IEP committee determine that the conduct was a manifestation of the child’s disability, the IEP committee must either:

Conduct a functional behavioral assessment (FBA) unless a current assessment exists and implement a behavioral intervention plan (BIP); or

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Review the current behavioral intervention plan and modify it, as necessary, to address the behavior.

If it is determined the behavior is a manifestation of the disability, the child must be returned to the placement from which the child was removed unless the public agency and the parent agree to a change in placement as part of the behavioral intervention plan.

NOTE: It is important that districts are mindful of the number of days a child has been removed prior to reaching the ten (10) day threshold, as an FBA cannot be done when the child is outside of the educational setting.

Manifestation Determination Review Process: The Manifestation Determination Review process is a comprehensive problem-solving review of various factors to determine if the child’s conduct in question: Is caused by the child’s disability; Has a direct and substantial relationship to the child’s disability? Is the direct result of the public agency’s failure to implement the IEP?

To begin the process, the IEP committee should review the child’s file for: Discipline history, including but not limited to the total number of suspensions, the proximity of the

suspensions, and the length of each suspension. Patterns of misconduct in relation to the child’s discipline history (e.g. isolated vs. repeated

instances; similarity between instances of misconduct; escalation of instances; increased frequency of misconduct).

Factors that contribute to the misconduct (e.g. unique circumstances, environmental factors, educational program, home factors and the child’s mental, physical and developmental challenges).

The child’s medical, psychosocial, academic, and discipline records. The type behavior and if the behavior presents a clear and present danger to the child and/or

others.

Relationship to the Child’s Disability: After reviewing the relevant information from the child’s disciplinary history and file, the IEP Committee must determine if the misconduct was caused by the child’s disability or if the conduct had a direct and substantial relationship to the child’s disability. The IEP committee should consider the following: If the child has a significant cognitive disability that may result in impaired judgment and/or

reasoning. Does the child have the ability to understand the behavior violated a code of conduct? Does the child have the ability to understand the consequences of the behavior?

If the child has an emotional disability (e.g. schizophrenia, depression, post-traumatic stress disorder, Bi-polar, obsessive-compulsive disorder) and whether there is evidence that it had a direct relationship to the child’s misconduct.

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If the child has a neurological impairment or medical condition that directly impacts and/or produces involuntary or uncontrollable behaviors (e.g. Tourette Syndrome, traumatic brain injury) and whether the medical condition has a direct relationship to the behavior.

Determine whether the child historically has shown that’s/he can/cannot control the inappropriate behavior as evidenced by teacher/staff/parent/child interview.

Does the child have the ability to control his/her behavior? Would it be difficult for the child to control his/her behavior?

Relationship to the Implementation of the IEP: Next, the IEP Committee must determine if the misconduct is a direct result of the school district’s failure to implement the IEP. If the IEP was not implemented appropriately, the IEP Committee must determine the impact of the implementation on the child’s behavior. The IEP Committee should consider the following: Did the child receive reasonable educational benefit from his/her educational program? Was the IEP developed to address the child’s needs and his/her participation and progress in the

general education curriculum? Were the necessary resources (e.g., services and supports) available as part of the child’s

program? Was the IEP implemented appropriately and consistently? If not, what components of the IEP were not implemented (e.g., services, goals/objectives,

positive behavioral supports or the BIP); and How did the failure to implement all components of the IEP relate to the functional skills, social

competency and behavior of the child and the misconduct of the child? Did the child make adequate progress toward his/her goals and objectives as evidenced by

progress monitoring results, assessments, and classroom observations? Has the IEP been modified over time to reflect changes in the child and/or changes in the child’s

needs or the instructional program? Are Behavioral goals and objectives included in the IEP?

If any were implemented, were positive behavioral interventions and supports to prevent misconduct and reinforce desirable behavior effective?

If the child has a Behavior Intervention Plan (BIP): Does is address the current needs of the child? Is it based on research-based practices to address child’s needs? Was it implemented with fidelity? If the child does not have a BIP: Has a Functional Behavioral Assessment (FBA) been conducted? What does the FBA show?

If the IEP Committee determines that the child’s misconduct was caused by or had a direct and substantial relationship to the child’s disability, or if the child’s conduct was a direct result of the school district’s failure to implement the child’s IEP, the child must be returned to his/her current placement. The only exception is when a special circumstance exists (drugs, weapons, and serious bodily injury) or the parent and school district agree to a change in placement.

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If the misconduct is a result of the child’s disability, the IEP committee must either: Conduct a functional behavioral assessment and implement a behavior intervention plan (if no FBA

had been completed prior to the conduct); or Review and modify, as necessary the existing BIP to address the behavior; and Return the child to his/her previous placement location. (The school district and parent(s) may agree to

a change of placement as part of the modification of the IEP).

If the misconduct was a result of failure to implement the IEP, immediate steps must be taken to remedy any deficiencies by having the IEP Committee review the child’s IEP and ensure that it is developed to address all of the child’s needs and confer educational benefit. The IEP Committee must consider: Are the child’s goals and/or objectives developed based on his/her assessed needs? Are adjustments needed to account for the child’s progress or lack of progress? Has the child been involved in his/her IEP development? If not, does the child need to be involved

in developing the IEP? Is the child’s placement appropriate to meet the needs of the child, both academic and

behavioral? Are the necessary supports and services in place in relation to the child’s behavior?

If the IEP Committee determines that the child’s misconduct was not caused by or had a direct and substantial relationship to the child’s disability, or if the child’s conduct was a not a direct result of the school district’s failure to implement the child’s IEP, the relevant disciplinary procedures applicable to children without disabilities may be applied.

NOTE: Regardless of the results of the determination, it is best practice for the IEP Committee to review the IEP to determine if the child requires additional special education and related services to address the misconduct.

Behavior not a Manifestation of the Child’s Disability: If, after a review of all information, the public agency, the child’s parent(s) and relevant members of the child’s IEP Committee determine that the violation of the school code is not related to the child’s disability, school personnel may apply the relevant disciplinary procedures in the same manner and for the same duration as applied to children without disabilities with the following provisions:

The child with a disability must continue to receive a Free and Appropriate Education (FAPE) as specified in the IEP;

The child must continue to participate in the general education curriculum to the maximum extent appropriate, although in a different setting, and;

The child must also receive, as appropriate, either an FBA and/or behavioral intervention services.

The behavioral intervention services or modifications must be designed to address the behavior violation, which precipitated the removal from the previous setting to prevent the behavior from reoccurring. When the decision is made for a removal of a child that constitutes a change in placement, the public agency must notify the parents of the decision and provide to the parents Prior

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Written Notice (PWN) and Procedural Safeguards. The child’s IEP Committee, which includes the parent(s), determines the IAES and the appropriate services.

Special Circumstances

School personnel may remove a child to an interim alternative educational setting for not more than forty-five (45) school days without regard to whether the behavior is determined to be a manifestation of the child’s disability if there is a violation of the school’s code of student conduct under the following special circumstances. This removal of a child with a disability would relate to solely drugs, weapons and infliction of serious of bodily harm offenses. The removal authority applies to a child with a disability: Who carries a weapon to or possesses a weapon at school, on school premises or at a school

function; Who knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled

substance, at school on school premises, or at a school function; or Who inflicts serious bodily injury upon another person while at school, on school premises or at a

school function under the jurisdiction of the local educational agency?

An illegal drug means a controlled substance but does not include a controlled substance that is legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority.

Serious bodily injury means injury that involves an extreme physical pain; substantial risk of death; protracted and obvious disfigurement; or protracted loss or impairment of the function of a bodily member, organ or mental faculty.

Dangerous weapon means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2.5 inches in length. If these circumstances occur while at school, on school premises or at a school function under the jurisdiction of the public agency, the child may be removed to an IAES for forty-five (45) days or less. The public agency must notify the parents of the decision and provide to the parent, the PWN and Procedural Safeguards. The child’s IEP Committee, of which the parent(s) is a member, determines the IAES and the appropriate services. Although the manifestation determination need not occur prior to the removal under these circumstances, and the removal can continue for not more than 45 school days, regardless of whether the behavior is later determined to be a manifestation of the child’s disability, the public agency should take prompt action to complete the manifestation determination.

The child may remain in the IAES for up to forty-five days (45), unless the IEP Committee reconvenes before the term expires and determines that the IAES is the child’s appropriate placement for another forty-five (45) days.

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The school district must report crimes that occur on school grounds to the appropriate authorities. Nothing prevents the State law enforcement and judicial authorities from exercising their responsibilities with regard to the application of Federal and State law to crimes committed by a child with a disability. The public agency must ensure that copies of the special education and disciplinary records of the child are transmitted for consideration by the appropriate authorities to whom the public agency reports the crime. This transmission must comply with the Family Rights and Privacy Act. The transmission of personal identifiable data must be for the purpose of the juvenile justice system’s ability to effectively serve the child whose records are released.

Reporting Criminal Activity to Appropriate Authorities: Public agencies are required by State law and State Board of Education policy to report criminal behavior committed by a child, including a child with a disability, to appropriate authorities. Public agencies must comply with law enforcement and judicial authorities’ requests so that these agencies can exercise their responsibilities with regard to the application of Federal and State law to crimes committed by a child with a disability.

Knowledge of a Disability

A child who has been identified as a child with a disability, even though the parent(s) has not agreed to the provision of all proposed educational and related services, is still entitled to all the protections under IDEA.

If the parent(s) revokes consent for special education and related services, the disciplinary procedures and timelines as specified in IDEA are not applicable.

However, if the parent(s) has expressed a concern that the child needs special education and related services, then the public agency is deemed to have knowledge that the child is a child with a disability and must afford the disciplinary protections as specified in IDEA until an eligibility determination is established.

The public agency would also be deemed to have knowledge that the child is a child with a disability if specific concern based on the child’s pattern of behavior has been directly expressed by a teacher or other school personnel to either the special education director or other supervisory personnel. This expression of concern may be in writing or have been expressed verbally.

If the child has been referred to the Multidisciplinary Evaluation Team (MET) for evaluation of a suspected disability but eligibility had not been determined prior to the infraction, the public agency would still be deemed to have knowledge that the child is a child with a disability.

However, if the parent has refused consent for an evaluation or the child is evaluated and determined not to be a child with a disability, the disciplinary protections in IDEA would not be applicable.

It is important to keep detailed records of all suspensions, including in-school suspensions that occur during a school year.

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Functional Behavioral Assessment (FBA)

All behavior has a purpose or a function. Most commonly, the function of problematic behavior is to “escape” from a situation or demanding task. The next most common function of problematic behavior is to “get” something such as attention or a tangible item. Many times children come to school without the necessary behavioral, social, or emotional skills to meet expectations. When a child’s behavior becomes disruptive, it is often addressed by actions such as verbal reprimands, isolation, detention, suspension or removal to a different environment such as an IAES. Although sometimes removal becomes necessary, this approach fails to teach the child acceptable replacement behaviors. The general purpose of an FBA is to provide the IEP committee with information as to the function or purpose the problem behavior serves for the child and therefore, assist in analyzing and developing strategies for addressing the undesirable behavior(s). A child will change their behavior only when it is clear that a different response will more effectively and efficiently result in a desired outcome. An FBA is not an intervention but the purpose of the FBA is to identify an intervention with the highest potential for changing the current inappropriate behavior in the current setting. Conducting an FBA is generally considered to be a problem-solving process that looks beyond the behavior itself and focuses, instead, upon identifying biological, social, affective, and environmental factors that initiate, sustain, or end the target behavior. This approach is important because it leads the observer beyond the “symptom” (the behavior) to the underlying motivation for it.

When should an FBA be conducted? An FBA should be conducted while the child is in the current educational setting, to determine the educational and programming needs of the child.The purpose of the FBA is to identify an intervention with the highest potential for changing the current inappropriate behavior in the current setting. An FBA might also be conducted at other times such as: When there is a known history of problem behavior; When the child’s suspensions approach ten (10) cumulative days; When the child’s behavior presents a danger to self or others; When the function of the behavior is unclear resulting in an ineffective Behavior Intervention Plan.

Who should conduct an FBA? To assist with conducting an FBA, it is best to utilize a professional with training and experience in behavior management and positive behavioral interventions in the educational settings. Individuals who may satisfy these requirements include licensed school psychologist, social workers, and counselors and teachers with a background in behavioral disorders or emotional disabilities.

Is an FBA an Evaluation? An FBA is generally understood to be an individualized evaluation of a child in accordance §§ 300.3010through 300.311 to assist in determining (a) whether a child is and continues to qualify as a child with a disability, and (b) the nature and extent of special education and related service required to ensure educational benefit including the need for a Behavioral Intervention Plan (BIP).

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As an individualized evaluation, parent consent is required to collect any new data. The IEP Committee can review existing data (e.g., student records, previous FBAs, any instrument routinely used with all children) without parental consent. If the parent of the child with a disability disagrees with the FBA, the parent has the right to request and Independent Education Evaluation (IEE) at public expense. However, the parent’s right to an IEE at public expense is subject to certain conditions, including the public agency’s option to request a due process hearing to show that its evaluation is appropriate.

The FBA is comprised of four (4) major components: Identifying the “target” or problem behavior(s); Observing the child, perhaps in different environments, and collecting data on the target behavior,

the antecedents to the behavior, time the behavior occurs, situations where the behavior occurs and the consequences of the behavior;

Formulating a hypothesis about the cause(s) of the behavior and summary statement; and Developing an intervention(s) with the highest potential of changing the behavior.

Identify the Problem Behavior(s) In order to conduct the FBA, consider the following: Objectively observe the child’s behavior indifferent settings and during different types of

activities in order to pinpoint the specific characteristics of the behavior. Consider the teacher’s expectations for the child’s academic performance as well as

classroom conduct. It might be that teacher expectations for the child exceed or fall below the child’s ability to perform. The resulting behavior problems may stem from a sense of frustration, fear of embarrassment or boredom.

Determine if a behavior relates to cultural differences or expectations (e.g., eye contact in some cultures is considered rude; in others, peer competition is discouraged).

Consideration of the following questions may be useful in determining the significance of the behavior: Does the child’s behavior significantly differ from that of his/her peers? Does the behavior interfere with the successful learning of the child and/or others? Have past efforts to address the behavior using standard interventions been unsuccessful? Does the behavior represent a skill or performance deficit, rather than a cultural difference? Is the behavior serious, persistent, chronic, or a threat to the safety of the child or others? If the behavior persists, is some disciplinary action likely to result?

It may be necessary to carefully and objectively observe the child’s behavior in different settings and during different types of activities. Interviews with other school staff and caregivers may help pinpoint the specific characteristics of the behavior.

Observation and Data Collection. During the data collection phase of an FBA, data may be obtained from a variety of sources. These sources may include but not be limited to: Record reviews such as medical records, educational records, discipline records, psychological

evaluation or previous intervention attempts;

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Structured interviews with relevant persons including the child’s teacher(s), parent(s), and the child, if indicated;

Rating scales designed to identify the target behaviors and/or environmental events associated with the occurrence of the target behavior; and/or

Direct assessment or observations designed to identify the target behaviors and/or environmental events associated with the occurrence of the target behavior.

Since problem behavior stems from a variety of causes, it is best to examine the behavior from as many different angles as possible. Depending on the nature of the behavior of concern, it is crucial that multiple means be used to collect information about the behavior. This would include a review of the child’s records. Record reviews may include but not be limited to: Review of discipline records and office referrals, Review of medical or psychological records, including previous evaluation data, Review of academic records including test performance, academic and conduct grades Review of previous observation data, Review of previous intervention attempts and progress monitoring data, if available.

In addition, various observation procedures, questionnaires, interviews with parents, teachers and other school personnel as well as interviews with the child or other methods needed may be used to better understand the causes of the specific the problem behavior.

Different behaviors may require different data collection techniques. Direct assessment consists of actually observing the problem behavior and describing the conditions that surround the behavior (its context). This context includes events that are antecedent (i.e., that occur before) and consequent (i.e., that occur after) the targeted child’s behavior. The description of the target behavior should be objective, clear, and concrete. The description can include examples of the behavior or examples of appropriate behavior, which is not occurring during the observation. The description should use action verbs as opposed to adjectives and should be clearly understandable to non-observers. The description may include summary statements to further describe the problem behavior and its functions.

The direct assessment or observation should include antecedent events: events that occur before the target behavior, prompt the occurrence of the behavior, and serve as potential triggers or “set off” the behavior. The antecedent event may be present when the behavior occurs or may be removed in time and place. The antecedent event may be physical, biological or social in nature. Some examples are: High levels of classroom noise or chaotic classroom environment Long bus ride or conflict on bus prior to school Little personal space or overcrowded classroom Health Family changes or conflict Lack of sleep or fatigue Side effects of medication

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Poor quality of the teacher-child relationship Time of day

There are various tools for recording direct assessment or observation data. The type of tool used should be determined by the information needed about the presenting behavior. The observation may be an unstructured observation noting behaviors descriptively as they occur. Another way to observe a child would be with an ABC Narrative Observation or Antecedent-Behavior-Consequence form. This approach allows an observer to organize anecdotal or descriptive information on the child’s interactions with other children and adults in such a way that patterns of behavior often become clear. A modified ABC chart might be individualized to contain several predetermined categories of teacher or peer antecedent behavior, child responses, and consequent events along with space for narrative recording of classroom observations. There may also be structured observation. This may consist of observations such as Frequency/Event recording; Latency or Duration recording; Time-Sampling Interval recording; or Scatterplots.

Identify the consequences of the problematic behavior. Compare the consequences of the behavior and their effect on increasing or decreasing the behavior. In collecting information regarding the context of a behavior problem, it is important to understand that contextual factors may include certain affective or cognitive behaviors, as well. It can also be that the child does not have the necessary skill to complete an assignment and therefore, prompts the anticipation of failure or ridicule.

To develop the hypothesis, the IEP Committee must first determine the function of the behavior. The function of the behaviors refers to why the child is demonstrating the specified behavior. In addition, the IEP Committee must consider whether the behavior is related to a skill deficit or a performance deficit. A skill deficit is exhibited when a child doesn’t know the specific skill/behavior. A performance deficit occurs when a child is capable of performing the appropriate skill/behavior, but does so inconsistently. Function – why the child is demonstrating the behavior, usually to get/seek something desired or

to escape/avoid something painful or undesired. Examples: to get attention or stimulation, to elicit a desired response, to get a desired activity, to escape demands/requests, to escape an activity or person, to escape an environment, to control something.

Skill deficit – a behavioral or academic skill that the child does not know how to perform. Example: In a disagreement, the child hits the other child because s/he does not know other strategies for conflict resolution. In cases of skill deficit, the IEP needs to describe how the skill will be taught and how the child will be supported while learning it.

Performance deficit – a behavioral or academic skill the child does know, but does not consistently perform. Example: A child is chronically late for the classes s/he does not “like” In cases of a performance deficit, the BIP may include strategies to increase motivation.

The Child GAINS… The Child AVOIDS or ESCAPES…

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Attention from Adults/Teachers Attention from Peers Desired Items Preferred Activities or Privileges Control Over Others/Situations Sensory Stimulation (Input)

Attention from Adults/Teachers Attention from Peers Non-preferred Activities Instructional Tasks Non-preferred Settings Non-preferred Social Interactions Transitions Aversive Physical Sensations Sensory Stimulation (Reduction)

Develop the Hypothesis and the Summary Statement. The purpose of conducting the FBA is to ultimately find the most effective way to address the problem behavior. Therefore, an important part of the FBA is for the IEP Committee to form a hypothesis or summary statement about why the behavior is occurring. An example of a hypothesis statement is:“When (X-target behavior) occurs, it is usually in the context of (antecedent event). The child’s response is (describe in specific behavioral terms). The result of the behavior is usually (XYZ), which serves to (consequences or “pay-off” of the behavior). The function and/or purpose of the response is likely to be a (to get/to seek…to escape/to avoid, etc.). The behavior appears to be a (X-skill deficit or X-performance deficit)

Determine Next Steps. The IEP Committee should determine if the child’s behavior patterns only require instructional modifications or accommodations. In this case, IEP Committee must reconvene the IEP meeting and adjust the IEP accordingly. If the child’s behavior patterns suggest that a Behavioral Intervention Plan (BIP) is warranted, then the IEP committee must implement a BIP to address all behaviors. If a BIP is in place, the IEP committee must review and revise the document accordingly. If existing data is insufficient for a complete functional assessment. Additional data is needed. The IEP Committee must get parental consent to conduct additional assessments.

How long is an FBA Valid? An FBA is considered to be valid as long as the results of the FBA are useful to make meaningful behavioral changes for the child; however, it must be reviewed annually during the development of an annual IEP to ensure the data is still applicable. The function of the behavior that was identified in an FBA can change over the course of a day, week, month, or year. An FBA is no longer considered valid if the results of the FBA fail to result in interventions/strategies that produce positive results. To ensure that the FBA remains current, the IEP Committee should review

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the FBA, at least annually, to determine if the results are still reliable and relevant. The IEP Committee should determine: Does the FBA address the current problem behavior(s) that are occurring? Is the hypothesis statement, regarding the function of the behavior, still appropriate?

If the answer is no to either question, the IEP Committee should request another FBA to help with the development of a more appropriate Behavior Intervention Plan (BIP).

Behavioral Intervention Plans (BIPs)

Once the FBA is completed, if it is determined that the child’s behavior patterns warrant, the next step is to develop a Behavioral Intervention Plan (BIP), which addresses strategies to correct or eliminate the problem behavior and/or replace the problem behavior with positive behavior(s). The BIP is not focused on controlling the person but instead is focused on redesigning the environment and building new skills that make the problem behavior irrelevant, inefficient and/or ineffective in the environment. The BIP is not to control the child but to enable the child to be successful in his/her environment.

The BIP should focus on: Increasing positive behaviors; Proactive instead of reactive strategies; Reinforcement strategies; and Corrective strategies.

The following is a list of components that should be included in a BIP: Observable and measurable description of the problem behavior identified during the FBA

(Operational Definitions of Target Behaviors) Identified purpose of the problem behavior as a result of the FBA (Summary Statements and

Rationale) General strategy or combination of strategies for changing the problem behavior

(Predictor/Consequent Strategies and Teaching Strategies) Written description of when, where, and how often the strategy will be implemented (Routines) Consistent system for monitoring and evaluating the effectiveness of the plan (Treatment

Monitoring) Consistent system for monitoring the fidelity of implementation of the plan (Treatment Integrity)

The BIP should focus on the observable and measurable description of the problem behavior(s) which includes a definition of the target behavior(s) and an identification of replacement behavior(s). Replacement behaviors should clearly link to the child’s target behaviors. The BIP should identify the antecedents and consequences (function) of each problem behavior as a result of the FBA. Each strategy or combination of strategies for changing the problem behavior(s) should consider the individualized function(s). General strategy or combination of strategies for changing the problem behavior should relate to the antecedent(s) for the child’s behavior, such as changing classroom or behavior management strategies; reinforcing appropriate behaviors or increasing supervision. The general strategy or combination of strategies for changing the problem behavior should relate to

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either the function(s) of the child’s behavior, such as reinforcement or consequent strategies, or the skill deficit(s) of the child’s behavior, such as social skill training, academic intervention or anger management.

The BIP should be monitored consistently and evaluated for integrity through direct observation and intervention checklists to be effective in addressing the child’s problem behavior. When developing the BIP, if there are several problem behaviors, select one of the behaviors to address. The BIP may focus on the behavior that is the most irritating to the people interviewed, the easiest to change or a behavior that occurs early in a chain of problematic behaviors. The IEP Committee may also chose to select approaches that teach or increase alternate behaviors rather than attempt to eliminate or decrease problematic behaviors. It is also best to select approaches that provide opportunities for the child to make positive choices. This allows the child to participate in the process of changing his/her behavior.

For BIPs developed from an FBA, a summary of the FBA data is included in the BIP. Any function-based hypothesis or summary statements from the FBA are included in the BIP and there is a clear link between the summary statements and the intervention strategies listed in the BIP.

The BIP should be reviewed and evaluated prior to and during the implementation with any revisions made if necessary. The following are checkpoints for evaluating the BIP.

The BIP should be a clear step-by-step plan. The person(s) responsible for implementing the prevention, teaching, reinforcement and corrective

strategies is specified. The strategies and supports provided are listed. The location(s) of the strategies and supports are described. The review schedule by teaching staff is determined and listed. The definitions of the target problem behavior(s) and replacement behavior(s) are written in

measurable terms. Goals for the acquisition of replacement behaviors are clear and measurable. The goals are

linked to the child’s IEP.

NOTE: It is best practice to: Conduct an FBA and implement a BIP well before a child reaches his/her 10 th day of suspension

and a change of placement occurs. An FBA must be conducted in the child’s current educational setting prior to a change of placement.

An FBA is a formal evaluation and requires written parental consent. The BIP is a living document that should be monitored, reviewed at least annually and updated as

needed.

Implementing the BIP. The individuals responsible for implementing the child’s BIP will vary depending on the supports the child requires. Participants in the implementation generally include teachers, intervention specialist, and support staff; however, the IEP Committee should consider

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training others to participate in the implementation (e.g., administration, guidance counselors, cafeteria staff, and bus driver). Parents should also be involved in the implementation so that home support in the areas of concern can strengthen the interventions that are conducted at school.

Reviewing the BIP. The child’s BIP should be reviewed on a continuous basis to determine if the interventions in place are successful. It should be reviewed on the same basis as the IEP (e.g., 4 ½ weeks, 6 weeks, 9 weeks). The data collected should be reflected in the child’s progress report through the behavioral goal(s)/objective(s) that address the child’s behavioral concerns.

REGULATORY REFERENCE

§§300.530-300.532; 300.534-300.536

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SECTION 4

APPENDICESTop 10 Highlights for Discipline

LCSD Discipline Procedures ChartLCSD Discipline Flow ChartsLCSD ABC Recording Chart

LCSD Deno Observation System FormLCSD Structured Time Sampling Observation Form

LCSD Records Review Guide for BehaviorLCSD Tier 2 Behavior Referral Plan

LCSD Functional Behavioral AssessmentLCSD Behavior Intervention Plan

LCSD Manifestation Determination

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*Electronic versions of these forms are available on request from the LCSD Office of Special Services, 601-693-1683.

Mississippi Department of EducationOffice of Special Education

PROCEDURES FOR STATE BOARD POLICY

7219

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VOLUME VSecondary Transition

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SECONDARY TRANSITIONPublic Agency in this document refers to agencies responsible for providing education to children with disabilities including the Mississippi Department of Education (MDE), Local Education Agencies (LEAs), Educational Service Agencies (ESAs), and nonprofit public charter schools not a part of an LEA or ESA.

For the purpose of this document, the Local Education Agency is the LAUDERDALE COUNTY SCHOOL DISTRICT (LCSD).

Secondary Transition

For children fourteen (14) years of age (or younger if determined appropriate by the IEP Committee), SBE Policy 7219 requires school districts to determine each child’s postsecondary goals in the areas of employment, education or training, and, where appropriate, independent living based on age-appropriate assessments. The Policy further defines transition services as a set of coordinated activities designed to be within a results-oriented process, focused on improving the academic and functional achievement of the child with a disability to facilitate the child’s movement from school to post-school activities. These post-school activities may include, but not be limited to postsecondary education, vocational education, integrated employment, supported employment, continuing and adult education, adult services, independent living or community participation. The services must be based on the individual child’s needs and take into account the child’s strengths, preferences and interests. The IEP Committee is further required to develop a coordinated set of activities in the areas of instruction to promote the movement of a child from school to postsecondary adult living. These activities should include community experiences, activities that promote the development of employment and other post-school adult living skills and, if appropriate, activities that promote the acquisition of daily living skills (IDEA, 2004).

What Is Transition?The Merriam-Webster Dictionary defines transition as the passage from one stage or place to another. For all children, transition occurs from preschool to elementary school, elementary school to middle school, middle school to high school, and high school to adulthood. For students with disabilities, each stage in transition requires thoughtful planning to ensure students with disabilities are able to transition from one level to the next smoothly. Research has shown that post-school outcomes for students with disabilities improve when students, families, educators, organizations, and

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community members collaborate to plan and implement transition-focused education that prepares students for postsecondary success.

Even though, State Board Policy 7219 requires transition services to begin at age 14, or younger if determined appropriate by the IEP Committee, transition for all students begins much earlier.

Transition TermsCoordinated set of activities is a planned and organized sequence of activities based on the student’s preferences and interests, which promotes the movement of a student from school to postsecondary adult living. It involves a collaborative effort among various agencies to provide transition services to the student.

Results-oriented process is a series of meaningful events to assist the student in achieving desired postsecondary outcomes.

Postsecondary education is an organized educational program provided by qualified personnel that is available beyond secondary education including community colleges, vocational-technical colleges and four-year colleges and universities.

Vocational education is specialized instruction and practice, by qualified personnel, in a specific field to prepare students to enter into, continue, or upgrade employment in recognized trades or occupations.

Integrated employment is paid work in sites and settings that are not unique to individuals with disabilities.

Supported employment is paid work that requires the use of designated personnel to assist individuals with disabilities in acquiring and maintaining site-specific skills.

Transition and Career DevelopmentCareer development is an essential component of transition. Donald Zunker (1994) refers to career development as “a lifelong process of developing beliefs and values, skills and aptitudes, interests, personality characteristics, and knowledge of the world of work. Specifically, the terms reflect individually developed needs and goals associated with stages of life and with tasks that affect career choices and subsequent fulfillment of purpose.” (Zunker, 1994, p.3).

Career AwarenessCareer awareness should be addressed throughout preschool and elementary school and should include an understanding of the world of work and the knowledge and skills needed for traditional and nontraditional jobs and careers. Students are aware of opportunities, options, and roles that interest them in the world of work. They gain an awareness of the importance of personal responsibility, good work habits, and how people work.

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Activities for students include, but are not limited to: Acquiring general knowledge. Understanding the importance of working. Acquainting students with local places of employment. Understanding the need for cooperation and teamwork. Developing social skills, decision-making, problem-solving, self-determination, and self-

advocacy skills.

Career ExplorationIn middle school, students begin the process of exploring careers of interest. Career exploration includes investigation of the workplace and understanding of the correlation between personal abilities, education, and the knowledge and skills needed to pursue occupations and careers. Students learn about the variety of careers available and the types of jobs that would best fit their preferences, needs, and interests, as well as explore the requirements related to those jobs.

Activities for students include, but are not limited to: Acquiring general knowledge. Becoming aware of personal characteristics, interests, aptitudes, and skills. Developing an awareness of and respect for the diversity of the world of work. Understanding the relationship between school performance and future employment options. Developing a positive attitude towards work. Developing work ethic and responsibilities. Developing social skills, decision-making, problem-solving, self-determination, and self-

advocacy skills. Completing the iCAP in 8th grade. Developing Transition Plan by age 14 with active involvement of student.

Career PreparationIn high school, student focus shifts to career preparation which includes purposeful planning that helps students transition from school to the world of work and higher education. Students should have opportunities to learn about different careers and explore skills needed to be successful in those careers; implement skills that have been fostered and developed while in school; and play a significant role in planning their own successful transition from the secondary to postsecondary environment.Activities for students include, but are not limited to:

Demonstrating acquisition of general knowledge. Implementing social skills, decision-making, problem-solving, self-determination, and self-

advocacy skills. Demonstrating work ethic and responsibilities. Reviewing and revising the iCAP. Volunteering at school and in the community. Participating in service learning activities.

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Completing a variety of job shadowing experiences. Participating in apprenticeships and/or internships. Securing part-time/full-time supported employment and/or integrated employment. Implementing the Transition Plan developed by IEP Committee with active involvement of

student.

Transition PlanningTransition planning is the process of providing assistance to students, parents, and school personnel as they discuss and plan transition from school to adult life. This planning will include assessing interest and strengths; setting transition goals; and selecting the course of study and exit option; and services and agency linkages needed to meet the transitional goals for students with disabilities. Transition planning can begin as early as elementary school. School personnel should begin the process with students and parents by discussing the educational progress and needs of the student, taking into consideration the expectations and aspirations of the student. The process should include discussions concerning future goals and skills needed to support the transition goals.

When the student is in middle school, school personnel should begin using career assessments to identify the career interests, abilities and needs of the student. The assessment data should be used to develop appropriate programming, including courses of study, focused on preparing the student to meet his/her postsecondary goals. Public agencies/schools must provide information to students and parents regarding different diploma/exit options for students with disabilities.

The transition planning process is an ongoing process that can change over time, depending on the student’s preferences, strengths, and interests. Transition planning must be addressed during the IEP meeting the year the student turns 14 and must be reviewed annually.

Considerations for Secondary Transition

Many students with disabilities leave high school unprepared for success in their postsecondary lives. Parents and students often do not understand the differences between the responsibilities of secondary schools and the responsibilities of postsecondary settings (e.g., college/university and employment). Educators, parents, and students must understand the differences between IDEA at the secondary level and Section 504 and the Americans with Disabilities Act (ADA) at the postsecondary level. Schools have a responsibility to provide parents and students with information related to postsecondary options. Considerations are as follows:

• Secondary personnel, parent(s), and student(s) need to be aware that postsecondary level institutions/environments have different expectations and obligations than secondary schools.

• It must be clear that the specific accommodations or supports are just recommendations that do not limit the independent decision-making of personnel at the postsecondary level.

• Section 504 and the ADA require students to self-identify and provide documentation of their disability to be eligible for accommodations and services in postsecondary settings. As a result,

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students with disabilities must have opportunities to make independent choices and decisions and to practice self-advocacy skills to prepare for life after high school.

• Under IDEA, students are entitled to a free and appropriate public education (FAPE). Colleges provide equal access to education. No one is entitled, but students must advocate for their civil rights.

• Postsecondary schools provide supports based on what is reasonable rather than what is appropriate or least restrictive. Support services and accommodations are based on providing access to content and reduction of barriers to learning rather than promoting achievement.

• Documentation of disabilities varies widely between postsecondary schools and students must be aware of those requirements as they apply to different schools.

• Most postsecondary schools do provide some level of support, but the type and scope of this support varies widely among institutions.

• The Office for Civil Rights provides guidance for special educators who are preparing students with disabilities for postsecondary education on their website. http://www2.ed.gov/about/offices/list/ocr/transitionguide.html

Comparison of Disability Services in Secondary and Postsecondary Education

Secondary Education Postsecondary Education

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Individuals with Disabilities Act 2004 (IDEA) and Section 504

• School districts are not required to complete evaluations before a student exits high school.

• IDEA and Section 504 in the public schools require that all students receive a FAPE. Allowable accommodations may include a shortening of assignments, modified assignments or the use of notes on tests, when students without disabilities cannot use them.

• Educational plans and decisions are made by an IEP Committee and parent signatures are required.

• The school must provide the least restrictive environment.

• All students with disabilities are qualified for FAPE.

• School provides services such as physical therapy, occupational therapy, transportation, and personal care.

Americans with Disabilities Act 2008 (ADA) and Section 504

• Most IHLs require documentation that identifies specific disabilities and current functional levels.

• Section 504 upholds the right of postsecondary institutions to maintain the academic standards, and no accommodations may be permitted to reduce that standard for any student. Thus there is no free education; and shortening assignments and using notes when other students do not, would not be reasonable accommodations.

• A plan is not developed by a team. Instructors are not contacted, except by the student. Parents are not able to contact the college on behalf of the student. Colleges will only correspond with the student.

• Environment can be accommodated for students, but environments are not selected in advance.

• Otherwise qualified, in college, means that the student must meet all entrance and academic requirements, whether they receive accommodations or not.

• The student is responsible for securing needed personal services.

Comparison of Special Education and Section 504 of the Rehabilitation Act of 1973

Secondary Education Section 504

Legislation Individuals with Disabilities Act 2004 (IDEA)

Section 504 of the Rehabilitation Act of 1973

IdentificationThe public agency is required to identify all individuals under Child Find.

The consumer is required to self-identify as a person with disabilities to the public agency.

EvaluationThe public agency is required to conduct an evaluation to determine eligibility for special education services for any

The consumer is required to provide documentation of his/her disability to be determined to be eligible for vocational rehabilitation services.

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individual suspected of having a disability.

EligibilityDetermination

Eligibility is determined by meeting the criteria for one of the disability categories identified by IDEA and State Board Policy 7219, including having a disability that has adverse educational impact and needing special education services to progress in the general education curriculum.

Eligibility is determined by having a physical or mental impairment that constitutes or results in a substantial impediment to employment and needing vocational rehabilitation services to prepare, secure, retain, or regain employment.

Role of IEP Committee Members in Transition Planning

Student’s RoleBeginning no later than age 14, or earlier if appropriate, students with disabilities should participate in the development of their individualized education programs. During IEP Committee meetings, students should take an active role in selecting their graduation option and determining the needed courses of study based on their desired post-school outcomes.

The secondary transition plan should be developed based on the child’s strengths, preferences, and interests. Children with disabilities, when turning 14, and at the discretion of their parents, should be invited to attend the IEP Committee meeting when the child’s transition goals, services, exit options, and course of study are to be discussed.

Students with disabilities must learn and use self-determination/self-advocacy skills to become active participants in making educational decisions that will affect their future. The student must learn to identify his/her strengths and needs and have an understanding of his/her rights.

The student should1: Participate actively in all discussions and decisions. Communicate his/her strengths, preferences, and interests. Communicate his/her areas where help is needed. Communicate how he/she is doing in classes and what accommodations, modifications, and

supports are needed to be successful in the general education classes. Communicate how he/she is doing with his/her community experiences and what

accommodations, modifications, and supports are needed to be successful in those environments. Take the opportunity to lead his/her own IEP meetings. This participation will likely require

1Storms, Jane, Edward Eugene O'Leary, and Jane Williams. Transition Requirements a Guide for States, Districts, Schools, Universities and Families. [Eugene, OR]: Western Regional Resource Center, College of Education, University Affiliated Program, University of Oregon, 2000. Print.

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coaching, training and practice.

Parents’ Role2

Parents must be advocates for their children. They are responsible for keeping the Committee focused on the student’s transitional needs and goals. Parents have many responsibilities in transition and should: Learn all they can about the post-high school options and resources available to the student. Discuss with the student his/her future goals. Determine how much assistance the student will need to acquire independence. Share information with the IEP Committee about the student’s strengths, needs, and preferences. Assist the student in the development of self-advocacy skills. Provide supplemental support for the student, e.g., providing transportation to and from a job site

if appropriate. Ensure the IEP goals are being accomplished. Ensure academic advisement is provided for students choosing postsecondary education as a

post-school outcome. For students not bound for postsecondary education, ensure their IEP addresses community-

based vocational training/mobility and travel training/community-based life skills instruction. Help ensure needed curriculum adaptations and environmental modifications are made. Monitor student’s progress on goals that are stated in the IEP and transition plan.

School’s Role3

The special education teacher should: Provide information on the student’s strengths, past achievements, and progress on the current

IEP. Provide strategies for effectively teaching the student, including appropriate accommodations

and/or modifications, so the student can successfully access and progress in the general curriculum.

Suggest courses of study and educational experiences that relate to the student’s preferences and interests and that provide a foundation and skills to help the student achieve his or her desired post-school goals.

Identify needed related services. Provide appropriate input into transition service needs and postsecondary agencies, services

and/or supports and incorporate those into the IEP. Link students and parents to the appropriate post-school services, supports, or agencies before

the student exits high school. Coordinate all the people, agencies, services, or programs in the transition planning.

The regular education teacher should:

2Austin, Patricia. Transition Planning Guide: Preparing for Life After School. Publication. N.p.: n.p., 2013. Print.

3Storms, Jane, Edward Eugene O'Leary, and Jane Williams. Transition Requirements a Guide for States, Districts, Schools, Universities and Families. [Eugene, OR]:

Western Regional Resource Center, College of Education, University Affiliated Program, University of Oregon, 2000. Print.

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Assist in planning the courses of study in the general curriculum that will assist the student in achieving his or her desired postsecondary goals.

Assist in identifying and providing needed modifications, adaptations, and supports for school personnel to assist the student in the regular education setting and on state- and district-wide assessments.

Assist in identifying and providing needed positive behavioral strategies or interventions to assist the student in the regular education setting.

Agency Representative’s RoleThe local education agency (LEA) representative should: Support the special and general education staff. Allocate the necessary resources to ensure the IEP is implemented.

Interagency Role4

The interagency representative should: Provide information about services and eligibility criteria for community or adult services and

supports (e.g., college support services and financial aid, vocational rehabilitation services, family services, social security work incentives).

Help explain the differences between the entitlement of school programs and eligibility of adult services.

Assist in identifying community or adult services that may assist the student in achieving his or her post-school goals.

Assist the student and his or her family in application processes for supports and services at colleges, training institutions, or adult services, as appropriate.

Alert families and the school to potential waiting lists for services. As appropriate, provide services to the student prior to exiting the school system.

Best Practices for Student-Directed IEPs: Provide instruction in the classroom setting on self-determination/self-advocacy skills and skills

related to understanding the purpose of the IEP process. Provide instruction on the legal rights of an individual with a disability and the impact of having a

disability. Provide instruction on the transition services required under IDEA. Include students with disabilities in the development of their four-year educational/career plan. Role-play IEP meetings to help students understand the IEP process and requirements. Encourage students to advocate and conduct their IEP Committee meetings. Assist students with preparation for IEP meeting (e.g., organize notes, create agenda or Power

Point). Encourage students to communicate with school personnel to monitor progress toward the IEP

goals.

4Storms, Jane, Edward Eugene O'Leary, and Jane Williams. Transition Requirements a Guide for States, Districts, Schools, Universities and Families. [Eugene, OR]:

Western Regional Resource Center, College of Education, University Affiliated Program, University of Oregon, 2000. Print.

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Step I:Measurable Post-Secondary Goals

Step II:Present Levels of Academic Achievement & Functional Performance

Step III:Transition Services

Step IV:Measurable Annual Goals

TrainingEducationEmploymentIndependent Living Skills – where appropriate

Age-Appropriate Transition Assessments Includes: Course of StudyIncludes:InstructionRelated ServicesCommunity ExperiencesEmployment and other Post-School Adult Living ObjectivesWhen appropriate:Daily Living SkillsFunctional Vocational Evaluation

Ed O’Leary ©Copyright

Transition Planning: The Process

Age-Appropriate Transition Assessments

IDEA 2004 requires a student’s measurable postsecondary goals to be based upon chronological age-appropriate assessments related to training, education, employment, and, where appropriate, independent living skills [§300.320(b)(1)].SBE Policy 7219 requires the use of age-appropriate transition assessments to develop appropriate measurable postsecondary goals in education/training, employment, and, where appropriate, independent living skills. The Council for Exceptional Children’s Division on Career Development and Transition defines transition assessment as an “…ongoing process of collecting data on the individual’s needs, preferences, and interests as they relate to the demands of current and future working, educational, living, and personal and social environments. Assessment data serve as the common thread in the transition process and form the basis for defining goals and services to be included in the IEP.” Formal and/or informal age-appropriate transition assessments must be used to identify a student’s needs, preferences, and interests as they relate to the demands of current and future working, education, living, and personal and social environments. Age-appropriate transition assessments

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IDEA 2004IEP Results Process for Transition Services

must be updated annually. At least one age-appropriate transition assessment must be listed for each postsecondary goal developed. Transition assessments should describe the types of skills and knowledge the student needs to develop to achieve his/her postsecondary goals. Assessments should be selected based on the information needed to create an effective transition plan for the student. Examples of age-appropriate assessments that are useful for transition planning include: assessments of adaptive behavior/daily living skills, aptitude tests, achievement tests, interest inventories, temperament inventories, self-determination assessments, transition planning inventories, and career maturity and employability tests.Results of the age-appropriate assessments used for transition planning should be included in the Present Levels of Academic Achievement and Functional Performance (PLAAFP) and assist the IEP Committee in prioritizing possible postsecondary goals. Transition assessments form the basis for defining goals and services included in the IEP.

1. Assessment Type: Record the assessment used to develop the child’s postsecondary goals. Examples: student survey, parent survey, iCAP, career interest inventory, TABE

2. Responsible Agency/Person: Record the agency/person responsible for assessing the child.Examples: teacher, school, Vocational Rehabilitation

3. Date Conducted: Identify the date(s) of any assessment conducted. Assessments must be conducted before the development of appropriate measurable postsecondary goals.

4. Report Attached: Place a “Y” for yes to indicate the report summarizing the results for the assessment(s) is attached to the IEP or “N” for no to indicate the report can be found in the student’s IEP folder. The report of the assessment should include the date(s) of the assessment(s); name, title, and qualifications of the examiner(s), informants, and observers; results of the assessment(s); and a summary of the interpretations of the assessments and implications for the child’s education/training, employment, and, where appropriate, living skills.

5. Needed: Place a “Y” for yes or “N” for no to indicate if additional assessment is needed in the area. If any assessment is needed, record this as a transition service to be provided.

Resources for Formal and Informal AssessmentsThere are two types of assessments: formal and informal assessments. Formal assessments are standardized tests that have specific procedures for administration, scoring and interpreting, and are generally compared to other students. Informal assessments are not as structured, nor are they compared to other students.

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Informal Assessments ExamplesInterviews/Questionnaires –used for the purpose of gathering information to be used to determine a student’s strengths, needs, preferences, and interests relative to anticipated post-school outcomes.

QuickBook of Transition Assessments http://www.ocali.org/up_doc/QuickbookofTransition_Assessment.pdfParent Interviews and SurveysStudent Interviews and SurveysWork Samples

Direct Observation – also called community-based or situational assessment; it’s an observation of the student’s performance within the natural environment, or school, employment, postsecondary, or community setting.

Task Analysis http://www.ttacnews.vcu.edu/2012/08/task-analysis-teaching-multistep-skills-made-easy/

Curriculum-based Assessments - designed by educators to gather information about a student’s performance in a specific curriculum and to develop instructional plans.

Life-Centered Career EducationBrigance Life Skills Inventory Brigance Transition Skills Inventory Brigance Employability Skills Inventory

Transition Planning Inventories - identify transition strengths and needs in various aspects of adult living, including employment, postsecondary schooling and training, independent living, interpersonal relationships, and community living.

South Bend Community School Transition Assessmentshttp://sped.sbcsc.k12.in.us/ppm/transitionplanning/transitionassessments.htmlTransition Assessment Matrix http://www.iidc.indiana.edu/styles/iidc/defiles/cclc/transition_matrix/transition_matrix.htmlEnderle-Severson Transition Planninghttps://www.estr.net/Yes Job Search (online video assessments) http://www.yesjobsearch.com/index.cfmCasey Life Skills http://lifeskills.casey.org/Transition Assessment and Goal Generator https://tagg.ou.edu/tagg/

Students with Significant Cognitive Disabilities – tools to assess preferences, strengths, needs, and skills of students who will need pervasive and extensive supports to achieve postsecondary goals.

Preference Indicators http://www.ou.edu/content/education/centers-and-partnerships/zarrow/transition-assessment---severe-disabilities.htmlPictorial Career Interest Inventoryhttp://achieve.lausd.net/cms/lib08/CA01000043/Centricity/Domain/220/Pictoral_Interest_Inventory_template_Boces.pdfCommunity Based Skills Assessmenthttps://www.autismspeaks.org/sites/default/files/documents/family-services/community_assessment_tool_kit.pdfUnique Learning Systems

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Formal Assessments ExamplesAdaptive Behavior/Daily Living Skills -help identify the type and amount of support a student may need.

Vineland Adaptive Behavior ScalesAAIDD Diagnostic Behavior ScaleAAMR Adaptive Behavior ScalesAdaptive Behavior Inventory

Aptitude Tests – measure skills and abilities. Armed Services Vocational Aptitude BatteryOASIS-III Aptitude SurveyWiesen Test of Mechanical AptitudeTest of Adult Basic Education (TABE)

Achievement Tests - measure learning of general or specific academic skills.

Woodcock Johnson Test of AchievementKaufman Test of Educational AchievementACTDistrict and Statewide Assessments

Interest Inventories - provide information about a student’s preferences for certain careers, occupational activities, or types of work.

Individual Career and Academic Plan (iCAP)Department of Labor www.onetcenter.orgMy Future http://www.myfuture.com/careers/

Intelligence Tests - assess a student's cognitive performance.

Wechsler Intelligence Scale for ChildrenWechsler Adult Intelligence ScaleReynolds Intellectual Assessment ScalesStandford-Binet Intelligence Scale

Temperament Inventories - identify a student’s dispositions towards various types of careers and work (e.g., careers that emphasize data, people, or things).

Environmental Job Assessment (E-Jam)Vocational Integration Index

Self-Determination Assessments – assess a student’s readiness to make decisions related to his/her postsecondary ambitions.

AIR Self-Determination Assessment

Present Levels of Academic Achievement and Functional Performance

The Present Levels of Academic Achievement and Functional Performance (PLAAFP) provide the IEP Committee a snapshot of a student’s abilities at the time the IEP was developed. The IEP Committee must identify where the student is functioning (strengths and needs) in relationship to what he/she plans on doing after exiting high school. The PLAAFP must include the results of any age-appropriate assessments used to determine strengths, needs, interests, and preferences.

Example of strengths, preferences, and interests related to postsecondary expectations: Based on a career interest survey and student interview, Pam enjoys working with children in

her church nursery. She would like to live on campus while attending college to pursue a degree in early childhood education. Eventually, Pam wants to open her own childcare center. Her determination and positive attitude will help her attain her postsecondary goals.

Pam has difficulty comprehending content-related informational texts. She benefits from receiving vocabulary words and definitions prior to lessons. Pam’s difficulty with understanding new material presented in content-specific classes may impact her ability to successfully complete college-level courses with large amounts of required text.

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Postsecondary Goals

Postsecondary goals are the desired outcomes for a child after he/she leaves high school in the areas of employment, education/training, and, where appropriate, independent living skills. These goals must be appropriate, measurable, and related to his/her strengths, preferences, and interests. The IEP Committee must review postsecondary goals annually and revise if needed based on the student’s strengths, preferences, and interests.

Appropriate measurable postsecondary goals must be developed based on information gained through age-appropriate assessments. The IEP Committee must develop at least one annual IEP goal AND identify at least one transition service for each postsecondary goal.

Questions to consider when determining postsecondary goals: Where and how is the student going to continue to learn and/or develop skills after

graduation/exit from high school? Where is the student going to work or engage in productive activities after graduation/exit from

high school? Where is the student going to live and how is he or she going to access adult services,

participate in the community, and have fun after graduation/exit from high school?

Examples of Postsecondary Education or Training Outcomes: Community College University Vocational Training Program Career/Technical School GED Apprenticeship/Internship Job Corp On-the-Job Training with Vocational Rehabilitation Independent Livings Skills Training

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Job Coach

Examples of Postsecondary Employment Outcomes: Competitive Employment Supported/Integrated Employment Customized Employment Military Volunteer Work Full-Time Employment Part-Time Employment

Examples of Postsecondary Independent Living Outcomes: Use public transportation independently or with support Live independently with a roommate Supported living Participate in community-based activities Attend sporting events Monitor medications Assist with personal care

Writing Measurable Postsecondary GoalsPostsecondary goals identify an outcome, not a process or activity. The following are NOT measurable examples:

The student plans to… The student hopes to… The student wishes to… The student would like to… The student wants to…

The following formula from NSTTAC provides a guideline for writing measurable postsecondary goals:

________________ ______________ will ______________ _______________(After high school) (The student) (Behavior) (Where and how)(Upon completionof high school)(After graduation)Only use “graduation” if the student is receiving a general education diploma.

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Examples of Postsecondary Goals

Education/Training: After high school, Zack will enroll in the LPN program at Lincoln Community College with

supports from disability services. After graduation, Sarah will enroll in Mississippi State University to obtain a degree in

business. Upon completion of high school, Tom will complete a CPR course to volunteer at the fire

department. After high school, Amy will receive on-the-job training with a job coach to prepare for integrated

employment. Upon completion of high school, Andrew will attend a pre-vocational day center with an adult

curriculum focused on gaining independent living skills and vocational skills.

Employment: After high school, William will obtain a supported employment position with a job coach to

prepare for future integrated employment. After graduation, Allison will obtain a part-time job as a lifeguard while attending college. Upon completion of high school, Joel will work full-time in the sports industry. After high school, Marie will volunteer in the nursery at her church. After graduation, Greg will work part-time with a job coach in the dining hall at his college.

Independent Living: After high school, Jennifer will continue to live with her parents and participate in her daily care

routines to the maximum extent possible. Upon completion of high school, Ben will maintain a budget, pay his own bills and save money

in preparation to share an apartment with a friend. Upon completion of high school, Nancy will live in an apartment and participate in community

activities with supports. After high school, Kevin will use his augmentative communication device at home and in the

community to communicate his needs and wants with familiar and unfamiliar people. After high school, Emily will use her self-determination skills to ask for needed supports in her

college courses.

Transition Services

Transition services are defined by IDEA as a coordinated set of activities for a child with a disability that: Is designed to be within a results-oriented process, that is focused on improving the academic and

functional achievement of the child with a disability to facilitate the child’s movement from school to post-school activities, including postsecondary education, vocational education, integrated

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employment (including supported employment); continuing and adult education, adult services, independent living, or community participation;

Is based on the individual child’s needs, taking into account the child’s strengths, preferences, and interests; and

Includes instruction, related services, community experiences, development of employment and other post-school adult living objectives, and, if appropriate, acquisition of daily living skills and functional vocational evaluation. [§34 CFR 300.43 (a)].

The type and amount of transition services will differ from student to student. At least one transition service must be identified for each measurable postsecondary goal.

List of Coordinated Set of Activities and Strategies has examples of transition services for each area of need.

To identify appropriate transition services, the IEP Committee needs to consider5: What services, supports or programs does the student CURRENTLY need? What services, supports or programs will the student need IN THE FUTURE in order to achieve

his/her post-school goals? Is the student linked to the needed postsecondary services, supports, or programs before he/she

leaves the school setting?

Instruction: Formal or informal instruction to impart knowledge and skills needed to achieve postsecondary goals. For example:

Attend tutoring sessions at school Participate in self-advocacy training Complete a computer skills class Receive instruction in self-management related to behavior Enroll in driver’s education course Enroll in career technical program

Related services: Specifies related services needed for successful transition to post-school life and what the student will need to access those services. For example:

Visit community mental health agencies in the area Identify potential post-school providers for recreation therapy, occupational therapy, speech

therapy, or physical therapy Apply for home-based waiver Apply for Supplemental Security Income (SSI) Use augmentative communication device in a work setting Receive orientation and mobility training in a work setting

Community experiences: Specifies activities or experiences generally provided off school campus and to prepare student for participation in community life. For example:5Transition Services Liaison Project. Technical Assistance Guidance for Transition in the IEP. Publication. N.p.: n.p., 2009. Print.

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Develop skills to grocery shop independently Complete job shadowing experiences Tour postsecondary institutions Explore leisure and recreation activities in the community Investigate participation in community civic organizations or sports teams Practice banking and budgeting skills

Employment objectives and functional vocational evaluation: Specifies activities focused on development of work-related behaviors, career exploration, skills training, and any assessments needed to provide information about career interests, aptitudes, and skills. For example:

Join career-related school clubs such as Future Business Leaders of America Register to vote Take the ASVAB Meet with Supported Employment agencies to evaluate their services Learn about legislation identifying the rights of adults with disabilities (i.e., the Americans with

Disabilities Act and Section 504 of the Rehabilitation Act) to appropriately self-advocate Meet with counselor from Vocational Rehabilitation

Acquisition of daily living skills and other post-school adult living objectives: Specifies activities focused on development of skills adults need in everyday life. For example:

Identify services provided by banks Enroll in child development class Learn about managing/maintaining/performing simple repairs on a home Manage daily schedule Enroll in culinary arts class Register to vote

1. Instruction: List any instructional activities related to a postsecondary goal completed by the

school, child, parent, and/or outside agencies.

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2. Related services: List any activities that address access to postsecondary related services needed to meet postsecondary goals. Activities may be completed by the school, child, parent, and/or outside agencies.

3. Community experiences: List any activities conducted outside of school that will prepare students to meet postsecondary goals. Activities may be completed by the school, child, parent, and/or outside agencies.

4. Development of employment objectives and functional vocational evaluation: List any activities conducted by the school, child, parent, and/or outside agencies to assist the child in achieving his/her employment postsecondary goals or determining career interests, aptitudes, and skills.

5. Acquisition of daily living skills and other post-school adult living objectives: List any instruction or experiences provided by the school, child, parent, and/or outside agencies to assist the child in functioning independently as an adult.

Course of Study

A course of study is the list of courses the child requires to achieve his/her desired exit option. The child’s course of study contains the sequence of courses the child needs to achieve her/his postsecondary goals. The child’s general education teacher and guidance counselor must be involved in the collaborative decision-making process for determining the child’s course of study. Like the child’s desired postsecondary goals, the child’s course of study must be determined on the basis of the child’s strengths, interests, and preferences.

When selecting the course of study for the child, the IEP Committee must consider the specific requirements for each exit option and the specific entry requirements for the postsecondary college or career selected. For example if a child’s postsecondary goal is to attend a college or university immediately after high school, he/she must have a course of study leading to a standard high school diploma and/or complete a GED program in lieu of a diploma. If a child’s postsecondary goal is to enlist in the military, he/she should have a course of study leading to a standard high school diploma as the military rarely accepts applicants with a GED without additional college coursework and/or a high Armed Services Vocational Aptitude Battery (ASVAB) score. If a child’s postsecondary goal is to become a commercial driver, the child’s course of study will depend upon both the specific exit option selected and the postsecondary training program pursued. As some commercial driver training programs require a standard high school diploma or GED while others do not, the child may be able to exit with a standard high school diploma, GED, MOD, or Certificate of Completion and still pursue his/her postsecondary goal depending upon the entry requirements of the commercial driver training program selected.

When selecting the child’s course of study, ask: What is the child’s postsecondary goal(s) in education and what course

of study will appropriately prepare the child to succeed in his/her chosen postsecondary educational or training program?

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What is the child’s postsecondary goal(s) in employment and in what career cluster is the child’s desired employment?

What course of study will appropriately prepare the child to succeed in his/her chosen postsecondary career or employment option and/or to complete any required degree, certification, or training program for his/her desired career?

What classes support the child in obtaining his/her desired exit option? What classes are available that support the child’s efforts to achieve

his/her desired postsecondary goals in education, employment, and, if applicable, independent living?

Do the child’s projected classes for the course of study have prerequisite classes that will need to be sequenced?

The course of study that supports the child’s postsecondary goals are based on the federal list of employment types. They include:

Agriculture, Food and Natural Resources Architecture and Construction Arts, Media, and Communications Business Management and Administration Education and Training Finance Government and Public Administration Health Science Hospitality and Tourism Human Services Information Technology Law, Public Safety, and Security Manufacturing Marketing Science, Technology, Engineering and Mathematics Transportation, Distribution, and Logistics

Additional options for children who meet the criteria for having a significant cognitive disability (SCD) include:

Supported Employment Daily Living Activities Customized Employment

1. Course of Study: Check the box of the career cluster for the child’s course of study.

2. Additional Options (SCD only): For a child who meets the criteria for SCD and who is not pursuing a course of study aligned with one of the career clusters in [1], check the box that

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identifies the child’s course of study (i.e., supported employment, daily living activities, or customized employment). If the child does not meet the criteria for an SCD, leave this section blank.

3. Enrolled Classes: List the specific general or special education class(es) in the child’s course of study for which she/he:a. Has already completed during previous school years.b. Will enroll for the current school year. The list of current year’s classes is not a guarantee that

the child will successfully complete these courses.c. Intends to enroll in future school years. The projected year list of classes is not a guarantee

that the child will be able to enroll in or successfully complete these courses. The intention of listing these classes is to enable the IEP Committee to plan the child’s course of study accounting for appropriate sequencing of prerequisite classes and balancing class loads over the child’s high school years.

Interagency LinkagesInteragency linkages are developed with agencies and/or their representative(s) who are currently involved with the child or family or are likely to become involved in providing support or services once the child exits high school and transitions into postsecondary education/training, employment, and the community. Representatives of these agencies may be able to provide critical information to assist the IEP Committee in planning for secondary transition and/or to provide transition services. Written parental consent must be obtained prior to inviting an agency representative to attend an IEP Committee meeting or to become an IEP Committee member.

In Mississippi, agencies commonly involved in transition planning or services include: Vocational Rehabilitation Agency (VR): Funded by Federal and State monies, VR agencies

typically operate regional and local offices and provide assistance to people with cognitive, sensory, physical, or emotional disabilities to attain employment and increased independence. VR services are available for a limited period of time based on an individual’s rehabilitation plan.

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Mental Health Agencies: Funded by Federal, State, and (primarily) local monies, mental health agencies, operated out of regional offices, provide a comprehensive system of services responsive to the needs of individuals with mental illness or Intellectual Disabilities on a sliding payment scale.

Independent Living Centers (ILC): Operated locally, ILCs help people with disabilities achieve and maintain self-sufficient lives within the community. Some services, such as classes, may require fees; however, other services, such as advocacy services, are typically available at no cost.

Social Security Administration (SSA): Funded by Federal monies, the SSA operates several programs that provide benefits for people of any age who are unable to do substantial work and have severe mental or physical disabilities, including Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), Plans to Achieve Self-Support (PASS), Medicaid, and Medicare.

Department of Health: Funded by Federal and State monies, health departments assist individuals with physical or mental disabilities obtain employment and live more independently through the provision of counseling, medical and psychological services, job training, and other individualized services.

The Mississippi Council on Developmental Disabilities: Funded by the Federal Administration on Developmental Disabilities, the MSCDD supports nine area programs for children and parents of children with disabilities: Child Care, Community Supports, Education and Early Intervention, Employment, Health, Housing, Transportation, Quality Assurance, and Recreation.

The IEP must list any agencies currently involved or that are likely to become involved with the child/family who can provide information or services related to education or training, employment, and, where applicable, independent living. Written parental consent must be obtained before inviting any representative of one of these agencies to the IEP Committee meeting.

Annual IEP Goals Aligned to Transition

The IEP Committee must develop at least one annual IEP goal for each postsecondary goal. Annual IEP goals should help the student make progress towards his/her postsecondary goals. Measurable annual goals have four components: (a) condition, (b) behavior, (c) criteria, and (d) timeframe.*

Postsecondary goal for education/training:209

Condition Behavior Criteria Timeframe

Given real world problems and visual fraction models

Blake will compute fractions with unlike denominators involving adding, subtracting, and dividing

with 70% accuracy in 4 out of 5 trials

in 36 weeks.

After high school, Zack will enroll in the LPN program at Lincoln Community College with supports from disability services.

Annual IEP goal aligned to education/training postsecondary goal:Given a grade-level informational text, Zack will identify and determine the meaning of denotative and connotative words and phrases with 75% accuracy in 36 weeks. (RI.9.4)

Explanation:Zack will need to improve his reading skills to graduate with a regular diploma and meet the entrance requirements for college. Reading skill will also be an essential component in his college classes.

Postsecondary goals for employment:After high school, William will obtain a supported employment position with a job coach to prepare for future integrated employment.

Annual IEP goal aligned to employment postsecondary goal:In 36 weeks, during community-based work experiences, when given a task with 3 or more steps, William will follow verbal directions, stay on-task, and complete the task with 2 or fewer verbal prompts in 4 out of 5 trials.

Explanation:Following directions and completing tasks will be critical skills for employment.

Postsecondary goals for independent living:Upon completion of high school, Scott will participate in his community by using self-determination skills.

Annual IEP goal aligned to independent living goal: While in the community at a variety of settings (store, restaurant, gym), Scott will identify appropriate people to ask for information related to setting and use his communication device to ask one question and make one response in 4 out of 5 consecutive trials.

Explanation:Scott will need to improve his self-determination and communication skills to navigate his community independently.

*Additional guidance for writing measurable annual IEP goals can be found in the IEP Development Guidance on the MDE website.

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Exit Options

One of the most important decisions the IEP Committee will make for a child with a disability is identifying his/her exit option. The range of postsecondary education, training, and employment opportunities to which the child will be able to gain access will be greatly impacted by the exit option selected. This decision will have lifelong implications for the child as well as his/her family and community.

Mississippi currently offers the following exit options: Standard High School Diploma: The standard high school diploma is the only option leading to

graduation. There are three pathways: Traditional, District, and Career Pathways. See the Mississippi Public Schools Accountability Standards for more information.

District General Educational Development (GED) Option Program: The GED is a high school equivalency credential earned through successful completion of a group of subject area assessments that measure high school level college- and career-readiness skills. Some school districts offer GED preparatory programs, referred to as the GED Option Program.

Mississippi Occupational Diploma (MOD): The MOD is not a standard high school diploma nor is it considered a high school equivalency credential for most postsecondary education and training programs or Federal financial aid programs. Rather the focus of this option is to teach employability skills and prepare children with disabilities for competitive employment. The MOD requires (a) an occupational diploma portfolio, (b) the successful completion of a two-year Career/Technical/Vocational Program or documentation of at least five hundred forty (540) hours of successful, paid employment, and (c) twenty-one (21) credits earned by successfully completing selected courses from the general education curriculum, vocational education programs, and/or MOD portfolio objectives. See the Mississippi Public Schools Accountability Standards for more information.

Certificate: A Certificate of Completion is not a high school equivalency credential but rather an acknowledgement of the child’s participation in and completion of his/her IEP.

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When selecting the exit option for a child, the IEP Committee must consider the child’s post-secondary goals and his/her progress in the educational environment. For example, for a child who can meet high school college and career readiness standards but lacks sufficient credits, will soon age out of eligibility, and is at-risk of dropping out of school, a district GED Option Program may be a viable option. For a child who meets the guidelines for SCD, a Certificate of Completion is a viable option.

Exit options must be reviewed with the parent and, if appropriate, the child before making the determination or listing it on the child’s IEP.

Changing Graduation OptionsWhen considering the diploma/exit option for a student with a disability, the IEP Committee should review the student’s long-term goals as it relates to education, and/or employment and independent living goals to ensure that the appropriate diploma/exit option and course of study are selected. The IEP Committee should always begin with the view that one of the Standard High School diploma choices would be first, as it is the least restrictive option and affords the student greater postsecondary outcomes. The IEP Committee can then proceed along the continuum to the District GED Option, the MOD, and finally the Certificate option. All options should be based upon the data specific to the individual learner, always taking into consideration the student’s interests and preferences. Whenever there is indecision regarding which diploma/exit option would be the most appropriate for the student, the IEP Committee is strongly encouraged to select the higher of the options being considered. The IEP Committee should review the diploma/exit option selected annually, if necessary, for changes needed to the student’s course of study and/or program supports. Please note however, that changes in diploma options in the student’s high school program may result in additional time needed to obtain the credits required to graduate.

Transfer of Rights212

When selecting the child’s exit option, ask: What is the child’s postsecondary goal(s) for education and what exit

option is required for the child to gain entry into that type of educational program?

What is the child’s postsecondary goal(s) for employment and what preparation and/or certification is required to gain entry into the career field? Is a particular exit option required to gain entry into the career field? Is completion of a degree, certification, or training program required

for the child’s desired career or employment option? How many requirements for each exit option has the child currently

met? How much time does the child have to meet the remaining

requirements before turning twenty-one (21) years of age and aging out of eligibility for special education services?

Beginning at least one year before the child reaches the age of majority under State law at twenty-one (21) years of age, the student’s IEP must include a statement that the student has been informed that his/her rights under IDEA will transfer to the child on reaching the age of majority. If the public

agency

receives notice of the student’s legal incompetency, so that no transfer of rights to the student at age twenty-one (21) occurs, the IEP need not include the statement.

Summary of Performance

When students exit from special education, public agencies are required to provide them with a Summary of Performance (SoP) to facilitate their transition to desired postsecondary settings.

Summary of Performance : Public agencies will ensure that a SoP is designed for the student who will exit with a standard high school diploma, will exit through the District GED Option Program, or due to exceeding the age of eligibility. It provides a summary of academic achievement and performance along with recommendations concerning how to assist the student in meeting postsecondary goals. The SoP is to assist the student in the transition from high school to higher education, training and/or employment.

Students who are pursuing the Mississippi Occupational Diploma (MOD) will have an occupational portfolio which serves the same purpose as the SoP in the facilitation of transition to the student’s desired postsecondary setting.

Evaluating Your Transition IEP Using Indicator 13

The Mississippi Department of Education, Office of Special Education has identified the Indicator 13 Checklist as the tool to evaluate your transition IEP. Indicator 13 measures "Percent of youth with IEPs aged 16* and above with an IEP that includes appropriate measurable postsecondary goals that are annually updated and based upon an age appropriate transition assessment, transition services, including courses of study, that will reasonably enable the student to meet those postsecondary goals, and annual IEP goals related to the student's transition service needs. There also must be evidence that the student was invited to the IEP Committee meeting where transition services are to be discussed and evidence that, if appropriate, a representative of any participating agency was invited to the IEP Committee meeting with the prior consent of the parent or student who has reached the age of majority." (20 U.S.C. 1416(a) (3) (B))

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The checklist asks the following questions: Are there appropriate measurable postsecondary goals in the areas of training, education,

employment, and, where appropriate, independent living skills? Are the postsecondary goals updated annually? Is there evidence that the measurable postsecondary goals were based on age appropriate

transition assessment(s)? Are there transition services in the IEP that will reasonably enable the student to meet his or her

postsecondary goals? Do the transition services include courses of study that will reasonably enable the student to meet

his or her postsecondary goals? Are there annual IEP goals related to the student’s transition service needs? Is there evidence the student was invited to the IEP Team meeting where transition services were

discussed? If appropriate, is there evidence a representative of any participating agency was invited to the

IEP Committee meeting with the prior consent of the parent or student who has reached the age of majority?

*In Mississippi, transition services must be addressed by age 14.

Considerations for Students with Significant Cognitive Disabilities

Secondary transition for students with significant cognitive disabilities (SCD) can be challenging. It is best practice to begin identifying transition needs and addressing those needs early, especially for students classified as having an SCD.

The following are some guided questions when addressing transition for students with significant disabilities6. 1. Can the young adult express interests? If no, get information from parents and caregivers to

develop transition plan. 2. What are special health care needs?3. What equipment is necessary to meet the needs of the student?4. What are needs/challenges preventing the young adult from working outside the home?5. Who can provide education/training to assist the young adult?6. What can the young adult accomplish without assistance?7. In what areas does the young adult need assistance?8. What else could the young adult accomplish if assistance were provided by a job coach,

habilitation training specialist (HTS), or other caregiver?

Best practice indicates that a person-centered planning approach is one of the best ways to address secondary transition for students with disabilities, especially for those with significant cognitive disabilities. A person-centered plan is “an individualized approach that helps the person with developmental disabilities discover what he or she really wants. It is transformational, moving from an

6National Secondary Transition Technical Assistance Center. "Part B Indicator 13 & Students with Severe Disabilities." Teleconference. 9 Sept. 2008. Teleconference.

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approach geared towards fixing or solving problems, to one focused on providing opportunities, avenues for self-actualization, personal freedom, meaningful interdependence, and community involvement7.” There are a variety of person-centered planning tools, including but not limited to Making Action Plans (MAPs), Planning Alternative Tomorrows with Hope (PATH), Essential Lifestyle Planning (ELP), and Personal Futures Planning (PFP).

Person-Centered Planning

There are four (4) steps to Person-centered Planning modified from the article Person-Centered Planning: A Tool for Transition8:1. Choosing a Facilitator2. Preparing for the Planning Meeting3. Holding the Meeting4. Planning and Strategizing at Follow-Up Meetings

Step 1: Choosing a Facilitator

The facilitator is the individual that is trained to facilitate the person-centered process. He/she needs to be a good listener who is willing to work creatively to help shape the dreams of the student by discovering the capabilities of the student. The facilitator needs to be able to identify community resources and have the ability to engage those resources on behalf of the student.

Step 2: Preparing for the Planning MeetingIt is important to identify the key individuals in the

student’s life and invite those individuals to the planning meeting, and to identify a date, location, and time for the meeting. The facilitator and family should meet prior to the planning meeting to make those decisions. At the preparation meeting, the family will: Identify key individuals in the student’s life they want to invite to the meeting. Identify a date, time, and location for the person-centered planning meeting and additional follow-

up meetings. Discuss strategies that increase participation of all individuals involved. Decide who will take the lead in gathering information about the student. Determine which person-centered planning process will be used (e.g. MAPs, PATH, ELP, PFP).

7Sonoran University Center for Excellence in Developmental Disabilities. Person-centered Planning: Pathways to Your Future. Publication. Sonoran UCEDD, 2011. Web. 15 Apr. 2013.8National Center on Secondary Education, and PACER Center. "Parent Brief.” Promoting Effective Parent Involvement in Secondary Education and Transition. N.p., February 2004. Web. 15 Apr. 2013.

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Develop a history or personal life story or profile of the student. This includes, but is not limited to, critical events, medical issues, major developments, important issues, and important relationships.

Describe the quality of the student’s life by exploring the following: community participation, community presence, choices/rights, respect, and competences.

Describe the personal preferences of the student.

Step 3: Holding the MeetingDuring the meeting, the participants will: Review the personal profile and make additional comments and observations. Identify ongoing events that are likely to affect the focus person’s life (e.g. medical conditions). Share visions for the future. Brainstorm ways to increase outcomes for the student. Identify obstacles and opportunities that give the vision a real-life context. Create an action plan that identifies what needs to be done, what materials/equipment are

needed, who will do it, when the actions will occur, and when the participants will meet again. It is best to identify steps that can be completed in a short period of time.

Step 4: Planning and Strategizing at Follow-Up MeetingsAfter the meeting, the participants should begin implementing the action plan. This can require participants to be creative and problem-solve depending on the required actions. Periodically, the team needs to meet to discuss what parts of the plan are working and what parts are not working. By the conclusion of the follow-up meeting, the participants must identify next steps, which include what needs to be done, who will do it, when the actions will occur, and when the participants will meet again.

For each follow-up meeting, the team must: Identify participants for the follow-up meetings. Identify a date, time, and location for the follow-up meetings. List all activities that had occurred previously. List all challenges and barriers that occurred. Brainstorm new ideas and strategies for the future. Set priorities for the next agreed-upon time period (e.g. 6 months, 12 months). Establish renewed commitment of participants. List five (5) to ten (10) concrete steps for each participant to follow. Always celebrate the success!

Customized Employment

The United States Department of Labor, Office of Disability and Employment Policy (ODEP) defines customized employment as follows:

Customized employment means individualizing the employment relationship between employees and employers in ways that meet the needs of both. It is based on an individualized determination of the strengths, needs, and interests of the person with a disability, and is also designed to meet the

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specific needs of the employer. It may include employment developed through job carving, self-employment, entrepreneurial initiatives, or other job development or restructuring strategies that result in job responsibilities being customized and individually negotiated to fit the needs of individuals with a disability. Customized employment assumes the provision of reasonable accommodations and supports necessary for the individual to perform the functions of a job that is individually negotiated and developed. (Federal Register, June 26 2002, Vol. 67, No. 123 pp. 43154–43149).

Customized employment is an individualized approach to vocational supports and services: one person at a time. It is a negotiation between a job seeker, his/her representative, and an employer. Many times, the negotiation begins with the potential of employment without there being an open position. Customized employment tailors a job based on skills, interests, strengths, and support needs of the job seeker to meet specialized needs of the employer.

According to Griffin-Hammis, LLC9, the principal hallmarks and activities of customized employment include: Identifying specific job duties or employer expectations that are negotiated with employers; Targeting individualized job goals to negotiate based on the needs, strengths, and interests of the

employment seeker; Meeting the unique needs of the employment seeker and the discrete, emerging needs of the

employer; Starting with the individual as the source of information for exploring potential employment

options; Offering representation, as needed, for employment seekers to assist in negotiating with

employers; Occurring in integrated, non-congregate environments in the community or in a business

alongside people who do not have disabilities; Resulting in pay at least the prevailing wage (no sub-minimum wages); Creating employment through self-employment and business ownership; Facilitating an amalgam of supports and funding sources that may include Workforce Investment

(One-‐Stops/Career Centers), Vocational Rehabilitation (VR), Medicaid, Community Rehabilitation Programs (CRPs), schools, Social Security (SSA),families,andotherpartnerscoordinatedinwaystomeettheneedsofthe individual(Griffin&Hammis,2005;Callahan,2005;Condon,2004).

ODEP10 identified four essential components to customized employment. They are as follows: 1. Discovery: The process of gathering information from the job seeker to determine his/her

interests, skills, and preferences as it relates to potential employment and the development of a customized job.

2. Job Search Planning: The process of analyzing the data to create a plan for meaningful employment, identifying a list of potential employers, and analyzing benefits.

9Griffin-Hammis. Customized Employment FAQ. Working paper. N.p., n.d. Web. 7 May 2013.10ICF International. Customized Employment Works Everywhere. N.p.: ICF International, n.d. U.S. Department of Labor, Oct. 2009. Web. 7 May 2013.

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3. Job Development and Negotiation: Working with the job seeker and potential employer to negotiate the customized job, the provision of supports, and the terms of employment that will match the job seekers interests, skills, and preferences.

4. Post-Employment Support: Setting up post-employment supports and monitoring the employment relationship to ensure satisfaction of both the employee and the employer.

Customized employment may take the form of11:

Task reassignment: Some of the job tasks of current workers are reassigned to a new employee. It typically takes the form of job creation, whereby a new job description is negotiated based on current, unmet workplace needs.

Job carving: An existing job description is modified — containing one or more, but not all, of the tasks from the original job description.

Job sharing: Two or more people share the tasks and responsibilities of a job based on each other's strengths.

Self-Employment: This allows for an individual to receive assistance in the creation of an independently owned small business (typically a microenterprise, under five employees). The business is based on the strengths and dreams of an individual and the unmet need of a local market while incorporating the individualized planning and support strategies needed for success.

Transition Assistant Through Vocational Rehabilitation

The Mississippi Department of Rehabilitation Services (MDRS) may enter into an agreement with local school districts to provide professional services for a Transition Assistant. The Transition Assistant will carry out specified duties as outlined in the agreement with MDRS providing oversight for the administration of the program through its Vocational Rehabilitation (VR) counselor representative. The school district employs the Transition Assistant and will pay 100% of the expenses incurred by the program with State funds. A quarterly invoice will be sent to the appropriate MDRS representative requesting reimbursement. Federal funds will be made available by MDRS to cover half the agreed upon cost (salary, fringe, travel, and staff development) for the position.

The Transition Assistant works in cooperation with the VR counselor, school district personnel, community-based agencies, and community business members. The Transition Assistant will provide, in self-motivated manner, both at the school and job sites, active support to students with various disabilities. Transition Assistant services include individualized services that are directly related to assisting students in entering and maintaining competitive integrated employment in the community for VR eligible clients. The Transition Assistant will coordinate all activities with, and provide monthly reports to, the VR counselor and school personnel. The VR counselor, as needed during the course of this agreement, will provide program coordination and technical assistance. Each Transition Assistant is expected to work with a minimum of 20 students who are VR clients and will provide separate monthly reports to the VR counselor on each student.

11"Customized Employment Fact Sheet." - Statewide Autism Resources and Training. Grand Valley University, n.d. Web. 08 May 2013.

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The addition of school-based transition services is intended to add a component to the overall school and rehabilitation service continuum, not supplant any existing employment-related or other services, which are potentially appropriate for a particular student (any service the school is already responsible for providing). Students who can benefit from existing school programs such as career/technical and educational training programs, vocational education, etc., with or without modifications, are not the target population for the Transition Assistant. These students can be appropriately served in existing service options and therefore the primary issue is to ensure these services are available and provided to these students. Students who are eligible for and are clients of VR, and who require the more intensive services of the Transition Assistant are the intended target student population. Transition Assistant Services do not include or supplant any activities or services ordinarily provided by the schools including regular classroom teaching, substitute teaching, or any other functions not directly related to placing students into employment.

Transition Assistant duties depend on individual student needs and as appropriate to each student which may include, but are not limited to major categories of:

Consumer Assessment which involves 1) gathering and reviewing existing formal and informal assessment and evaluation information, 2) collecting data and maintaining confidential and accurate case files for students, 3) participating in transition meetings, as assigned, and 4) observing students during in-school work experiences, during classroom activities, at home, and in other current school and community environments.

Job Development which involves 1) conducting analysis of work sites and assignments, as well as situational assessments of individual students in real work settings to gather pertinent information (e.g., job choice/preferences, work strengths, response to instruction/training methods, job accommodation needs, job modification needs, response to coworkers, endurance, speed, reinforcement needs, etc.) as part of job development and placement for a student to ensure a good job match, 2) traditional job development activities and non-traditional job development activities such as job sharing and job carving/creation, and 3) maintaining a database and tracking system of active and inactive employers.

Job Placement which involves 1) task analysis of job duties, 2) matching student’s strengths and abilities to specific jobs duties, 3) assisting in training plans, 3) developing job support plans, including natural supports, and 4) assessing transportation needs.

Assisting with Coordination of Job Related Supports which involves 1) orienting worker to the community (select travel options, design & implement travel program), 2) establishing rapport with supervisors, coworkers, and family, 3) orienting new employee to the work environment, 4) reassessing job/worker compatibility, 5) identifying strategies to increase worker production rate, and, 5) assisting the VR Counselor in developing and completing all needed work incentive information.

Please contact Donny Frazier with the Mississippi Department of Rehabilitation Services, P.O. Box

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1698, Jackson, Mississippi 39215-1698 or call 601-853-5279 for additional information for the Transition Assistant position.

Resources

Mississippi Resources National ResourcesMississippi Department of Human Services

The Mississippi Department of Human Services assists individuals in applying for disabilities claims, developing skills necessary to budget and manage their monies, and to live independently.

http://www.mdhs.state.ms.us/

Social Security Disability Resource Center

The goal of the Social Security Disability Resource Center, is to inform readers about how the Social Security Disability and SSI Disability process works from start to finish. This includes what to expect before, during, and after a disability application has been processed, common mistakes that need to be avoided, and what to do and how to react in specific situations (for example, receiving notices of denial, obtaining the status of the claim at different points, providing needed evidence, and undergoing a disability interview with a Social Security Claims Representative).

http://www.ssdrc.com/Social Security Administration – Mississippi Area

The Social Security Administration- Mississippi Area assists individuals with employment support, and applying for Social Security benefits.

http://www.ssa.gov/atlanta/southeast/ms/mississippi.htm

Social Security AdministratorsSSA’s Work Site offers employment support for people with disabilities by providing a focus on matters affecting the employment of Social Security beneficiaries with disabilities.https://www.ssa.gov/work/

Mississippi Department of Rehabilitation Services

The Mississippi Department of Rehabilitation Services provides resources to help Mississippians with disabilities find new careers, live more independently, overcome obstacles and face new challenges.

www.mdrs.ms.gov

Rehabilitation Services AdministrationThe Rehabilitation Services Administration (RSA) oversees formula and discretionary grant programs that help individuals with physical or mental disabilities to obtain employment and live more independently through the provision of such supports as counseling, medical and psychological services, job training and other individualized services.

http://www2.ed.gov/about/offices/list/osers/rsa/index.html

Mississippi Resources National Resources

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Mississippi State Department of Health

The Mississippi State Department of Health partners with the Transportation Coalition to help individuals with physical or mental disabilities to obtain employment and live more independently through the provision of such supports as counseling, medical and psychological services, job training and other individualized services.

http://www.msdh.state.ms.us/

Office of Vocational and Adult Education

The Office of Vocational and Adult Education (OVAE) is a massive enterprise in the U.S. that administers Career and Technical Education, commonly known as vocational education. Thousands of comprehensive high schools, vocational and technical high schools, area vocational centers, and community colleges offer vocational education programs.

http://www2.ed.gov/about/offices/list/ovae/index.html?src=oc

Mississippi Division of Medicaid

The Mississippi Division of Medicaid assists individuals in filing for Medicaid benefits.

http://www.medicaid.ms.gov/

Medicaid

http://medicaid.gov/

Mississippi Department of Mental Health

The Mississippi Department of Mental Health supports programs aimed at making a difference in the lives of individuals with mental health issues, substance abuse, and intellectual or developmental disabilities.

http://www.dmh.state.ms.us/

Career One Stop

Career One Stop is a U.S. Department of Labor-sponsored web site that offers career resources and workforce information to job seekers, students, businesses, and workforce professionals to foster talent development in a global economy. The career-related videos provide visual representations of transition-related information. http://www.careeronestop.org/

Mississippi Department of Education, Office of Special Education

The Office of Special Education is a service-oriented organization that seeks to improve the education experience for children with disabilities throughout Mississippi by providing support to local schools and districts.

http://www.mde.k12.ms.us/special-education

Social Security Online – The Redbook

The Redbook provides information on employment support for individuals with disabilities under the Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs.

http://www.socialsecurity.gov/redbook/eng/main.htm

Mississippi Resources National Resources

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Mississippi Council on Developmental Disabilities

The Mississippi Council on Developmental Disabilities, which is funded by the Federal Administration on Developmental Disabilities supports nine area programs for students and parents of students with disabilities: Child Care, Community Supports, Education and Early Intervention, Employment, Health, Housing, Transportation, Quality Assurance, and Recreation.

http://www.mscdd.org/

Institute for Disabilities Studies (IDS)

IDS, which is housed at the University of Sothern Mississippi, is the managing partner with the Mississippi Partnership for Employment and provides technical assistance, training, resources, and supports for Mississippians with disabilities and their families.

http://www.usm.edu/disability-studies

REFERENCES

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Austin, Patricia. Transition Planning Guide: Preparing for Life After School. Publication. N.p.: n.p., 2013. Print.

"Customized Employment Fact Sheet." - Statewide Autism Resources and Training. Grand Valley University, n.d. Web. 08 May 2013.

Division on Career Development Transition. Age Appropriate Transition Assessment. Tech. N.p.: n.d. Print

Florida Department Education Bureau of Exceptional Education and Student Services. Transition Planning for Students with Disabilities: A Guide for Families. Publication. N.p.: n.p., 2011. Print.

Griffin-Hammis, Customized Employment FAQ. Working paper. N.p., n.d. Web. 7 May 2013.

ICF International. Customized Employment Works Everywhere. N.p.: ICF International, n.d. U.S. Department of Labor, Oct. 2009. Web. 7 May 2013.

Kochhar-Bryant, C., & Izzo, M. (2006). Access to post-high school services: Transition assessment and the summary of performance. Career Development for Exceptional Individuals, 29, 70-89.

National Center on Secondary Education, and PACER Center. "Parent Brief.” Promoting Effective Parent Involvement in Secondary Education and Transition. N.p., February 2004. Web. 15 Apr. 2013.

National Secondary Transition Technical Assistance Center. Age Appropriate Transition Assessment Toolkit. Tech. N.p.: n.p., n.d. Print.

National Secondary Transition Technical Assistance Center. "Part B Indicator 13 & Students with Severe Disabilities." Teleconference. 9 Sept. 2008.

Shaw, S.F., Keenan, W.R., Madaus, J.W., & Banerjee, M. (2010). Disability documentation, the Americans with Disabilities Act Amendments Act, and the summary of performance: How are they linked? Journal of Postsecondary Education, 22(3), 142-150

Sonoran University Center for Excellence in Developmental Disabilities. Person-centered Planning: Pathways to Your Future. Publication. Sonoran UCEDD, 2011. Web. 15 Apr. 2013.

Storms, Jane, Edward Eugene O'Leary, and Jane Williams. Transition Requirements a Guide for States, Districts, Schools, Universities and Families. [Eugene, OR]: Western Regional Resource Center, College of Education, University Affiliated Program, University of Oregon, 2000. Print.

Transition Services Liaison Project. Technical Assistance Guidance for Transition in the IEP. Publication. N.p.: n.p., 2009. Print.

Zunker, Veron G. "Career Counseling" Google Books. Brook/Cole Publishing Company, n.d. Web. 27 Mar. 2013

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MISSISSIPPI DEPARTMENT OF EDUCATIONOFFICEOF SPECIAL EDUCATION

Indicator 13 ChecklistIndicator 13: Percent of youth with IEPs aged 16 and above with an IEP that includes appropriate measurable postsecondary goals that are annually updated and based upon an age appropriate transition assessment, transition services, including courses of study, that will reasonably enable the student to meet those postsecondary goals, and annual IEP goals related to the student’s transition service needs. There also must be evidence that the student was invited to the IEP Team meeting where transition services are to be discussed and evidence that, if appropriate, a representative of any participating agency was invited to the IEP Team meeting with the prior consent of the parent or student who has reached the age of majority. (20 U.S.C. 1416(a) (3) (B))

# IEPs Y

# IEPs N

1. Are there appropriate measurable postsecondary goals in the areas of training, education, employment, and, where appropriate, independent living skills?Can the goals be counted?Will the goals occur after the student graduates from school? Based on the information available about this student, do the postsecondary goals seem appropriate for this student?

If yes to all three guiding questions, then count as Y OR if a postsecondary goal is not stated, count as N.2.Are the postsecondary goals updated annually?Were the postsecondary goals addressed/ updated in conjunction with the development of the current IEP?

If yes, then count as Y OR if the postsecondary goals were not updated with the current IEP, count as N.3. Is there evidence that the measurable postsecondary goals were based on age appropriate

transition assessment(s)?Is the use of transition assessment(s) for the postsecondary goals mentioned in the IEP or evident in the student’s file?

If yes, then count as Y OR if no, then count as N.4.Are there transition services in the IEP that will reasonably enable the student to meet his or her

postsecondary goals? Do the transition services listed in the student’s IEP that the student needs to reach the postsecondary goals include, as needed, instruction, related service(s),community experience, development of employment and other post-school adult living objectives, and if appropriate, acquisition of daily living skills and provision of a functional vocational evaluation?

If yes, then count as Y OR if no, then count as N.5.Do the transition services include courses of study that will reasonably enable the student to meet

his or her postsecondary goals?Do the transition services include courses of study that align with the student’s postsecondary goals?

If yes, then count as Y OR if no, then count as N.6. Is (are) there annual IEP goal(s) related to the student’s transition services needs?Is (are) an annual goal(s) included in the IEP that is/are related to the student’s transition services needs?

If yes, then count as Y OR if no, then count as N.7. Is there evidence that the student was invited to the IEP Team meeting where transition services

were discussed?For the current year, is there documented evidence in the IEP or cumulative folder that the student was invited to attend the IEP Team meeting, (e.g. a letter inviting the student to the meeting)?

If yes, then count as Y OR if no, then count as N.8. If appropriate, is there evidence that a representative of any participating agency was invited to the

IEP Team meeting with the prior consent of the parent or student who has reached the age of majority?

For the current year, is there evidence in the IEP that representatives of any of the following agencies/services were invited to participate in the IEP development including but not limited to: postsecondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living or community participation for the postsecondary goals?Was prior consent obtained from the parent (or student who has reached the age of majority)?

If yes to both, then count as Y. If no invitation is evident and a participating agency is likely to be responsible for providing or paying for

transition services and there was consent to invite them to the IEP meeting, then count as N. If it is too early to determine if the student will need outside agency involvement, or no agency is likely to provide

or pay for transition services, count as Y. If parent or individual student consent (when appropriate) was not provided, count as Y.

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Instructions for Completing the Indicator 13 Checklist

1. Are there appropriate measurable postsecondary goals in the areas of training, education, employment, and, where appropriate, independent living skills?

Find the postsecondary goals for this student. If there are appropriate measurable postsecondary goals that address Training after high school, Education

after high school, and Employment after high school, and (where appropriate) independent living Skills after high school and if the identified postsecondary goals for Training, Education, and Employment, and (where appropriate) Independent Living Skills appear to be appropriate for the student, based on the other information regarding Present Levels of Academic and Functional Performance and / or the student’s strengths, preferences, and interests, count as Y.

If a student’s postsecondary goals in the areas of Training and Education, address both training for a career and other education after high school (e.g., enrollment in an adult education program focused on both job and independent living skills; enrollment in a college program in preparation for a career in architecture), count as Y.

“It may not always be necessary for the student to have separate postsecondary goals for training and education in these instances. Based on the individual needs of the student and the student’s plans after leaving high school, it may be reasonable for an IEP Team to interpret the areas of training and education as overlapping in developing postsecondary goals for a student. In these instances, an IEP Team could develop a combined postsecondary goal in the areas related to training and education. Employment is a distinct activity from the areas related to training and education, and each student’s IEP must include a separate postsecondary goal in the area of employment. For further information see Questions and Answers on Secondary Transition, Revised September 2011, OSEP, Retrieved http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C10%2C).

If there are postsecondary goals that address Training after high school, Education after high school, and Employment after high school, and (where appropriate) Independent Living Skills after high school, but these goals are not measurable, count as N.

If there is misalignment between the student’s postsecondary goals, based on the information available (e.g., present levels of performance, student strengths, student interests, student preferences), count as N.

If there is not a postsecondary goal that addresses Training after high school, count as N. If there is not a postsecondary goal that addresses Education after high school, count as N. If there is not a postsecondary goal that addresses Employment after high school, count as N.

2. Are the postsecondary goal(s) updated annually?

If the postsecondary goals for Training, Education, Employment, and where appropriate Independent Living Skills are documented in the student’s current IEP, count as Y.

If the postsecondary goals for Training, Education, Employment, and where appropriate Independent Living Skills are not documented in the student’s current IEP, count as N.

If this is the student’s first IEP that addresses secondary transition services because the student just turned 16, it is considered an update for purposes of this checklist, so count as Y.

3. Is there evidence that the measurable postsecondary goals were based on age appropriate transition assessment(s)?

Find where information relates to assessment(s) and the transition component on the IEP (either in the IEP or the student’s file).

For each postsecondary goal, if there is evidence that at least one age appropriate transition assessment was used to provide information on the student's needs, strengths, preferences, and interests regarding the postsecondary goals count as Y

For each postsecondary goal, if there is no evidence that age appropriate transition assessment(s) provided information on the student’s needs, taking into account the student’s strengths, preferences, and interests [regarding the postsecondary goals,] count as N.

If a postsecondary goal area was addressed in item #1, but was not measurable and if there is age appropriate transition assessment information, from one or more sources, regarding the student’s needs,

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taking into account the student’s strengths, preferences, and interests [regarding this postsecondary goal], count as Y.

If a postsecondary goal area was addressed in item #1, but was not measurable and if there is not age appropriate transition assessment information provided on the student’s needs, taking into account the student’s strengths, preferences, and interests [regarding this postsecondary goal], count as N.

4. Are there transition services in the IEP that will reasonably enable the student to meet his or her postsecondary goals?

Find where transition services/activities are listed on the IEP. For each postsecondary goal, is there a transition service such as instruction, related service, community

experience, development of employment and other post-school adult living objectives, and if appropriate, acquisition of daily living skill(s), and provision of a functional vocational evaluation) listed that will enable the student to meet the postsecondary goal, count as Y.

For each postsecondary goal, if there is no transition service that relates to a specific postsecondary goal, (a) type of instruction, (b) related service, (c) community experience, (d) development of employment and other post-school adult living objective, (e) if appropriate, acquisition of a daily living skill, or (f) if appropriate, provision of a functional vocational evaluation listed in the IEP that will enable the student to meet the postsecondary goal, count as N.

If a postsecondary goal area was addressed in item #1, but was not measurable and there is a transition service that will enable the student to meet that postsecondary goal, count as Y.

If a postsecondary goal area was addressed in item #1, but was not measurable and there is no transition service listed that will enable the student to meet that postsecondary goal, count as N.

5. Do the transition services include courses of study that will reasonably enable the student to meet his or her postsecondary goals?

Locate the course of study (instructional program of study) or list of courses of study in the student’s IEP. Are the courses of study a multi-year description of coursework from the student’s current to anticipated exit

year that is designed to help achieve the student’s desired post-school goals? If yes, go to next instruction bullet. If no, count as N.

Do the courses of study align with the student’s identified postsecondary goals? If yes, count as Y. If no, count as N.

6. Is (are) there annual IEP goal(s) that is (are) related to the student’s transition service needs?

Find the annual goals, or, for students working toward alternative achievement standards, or States in which short-term objectives are included in the IEP, short-term objectives on the IEP.

For each of the postsecondary goal areas counted as Y in question #1, if there is an annual goal or short-term objective included in the IEP related to the student’s transition service needs, count as Y.

For each of the postsecondary goals mentioned in question #1, if there is no annual goal or short-term objective included in the IEP related to the student’s transition service needs, count as N.

If a postsecondary goal area was addressed in #1, but was not measurable, and an annual goal is included in the IEP related to the student’s transition service needs, count as Y

If a postsecondary goal area was addressed in #1, but was not measurable, and there is no annual goal included in the IEP related to the student’s transition service needs, count as N.

7. Is there evidence that the student was invited to the IEP Team meeting where transition services were discussed?

Locate the evidence that the student was invited, (e.g., a copy of the student’s invitation to the IEP conference). Was the student invitation signed (by the LEA) and dated prior to the date of the IEP conference? If yes, count as Y. If no, count as N.

8. If appropriate, is there evidence that a representative of any participating agency [that is likely to be responsible for providing or paying for transition services] was invited to the IEP Team meeting with the prior consent of the parent or student who has reached the age of majority?

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Find where persons responsible and/or agencies are listed on the IEP. Are there transition services listed on the IEP that are likely to be provided or paid for by an outside agency?

If yes, continue with next instruction bullet. If no, count as NA. Was parent consent or student consent (once student has reached the age of majority) to invite an outside

agency (ies) obtained? If yes, continue with next instruction bullet. If no, count as NA. If a postsecondary goal area was addressed in item #1, but was not measurable and there is evidence that

agency(ies) for which parent/student had given their consent to invite, were invited to the IEP meeting to discuss transition, count as Y.

If a postsecondary goal area was addressed in item #1, but was not measurable and there is no evidence that agency(ies) for which parent/student had given their consent to invite, were invited to the IEP meeting to discuss transition, count as N.

If it is too early to determine if this student will need outside agency involvement, count as NA

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LAUDERDALE COUNTY SCHOOL DISTRICT

OFFICE OF SPECIAL SERVICES

SECONDARY TRANSITION

ADDITIONAL PROCEDURES

SECONDARY TRANSITION

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Participation by Student A secondary transition plan will be developed based on the child’s strengths, preferences, and interests. Children with disabilities, when turning 14, will be invited to attend the IEP Committee meeting when the child’s transition goals, services, exit options, and course of study are to be discussed.

Summary of Performance

Lauderdale County School District will write a Summary of Performance for ALL students with an active IEP who exit under any of the Lauderdale County School District Exit Options and/or who exceed the age of eligibility. Each summary of academic achievement and performance will include recommendations for assisting students in meeting post-secondary goals. The Summary of Performance will be written in a manner that will assist students in the transition from high school to higher education, training and/or employment.

Post Secondary Data Collection

Lauderdale County Schools will collect data (for students with an IEP aged 14 and above) documenting that IEPs include:

appropriate measurable postsecondary goals that are annually updated and based upon an age appropriate transition assessment,

transition services, including courses of study, that will reasonably enable the student to meet postsecondary goals,

annual IEP goals related to the student's transition service needs, evidence that the student was invited to the IEP Committee meeting where transition services

are to be discussed and evidence that, if appropriate, a representative of any participating agency was invited to the

IEP Committee meeting with the prior consent of the parent (or student who has reached the age of majority).

Lauderdale County School District will collect data for youth who had IEPs, who are no longer in secondary school and who, within one year of leaving high school, have been:

competitively employed, or enrolled in some type of postsecondary school, or both.

Data collection will include students with disabilities who had an IEP who: graduated, exited through the district’s GED program, dropped out, aged out, were expected to return but did not return for the current school year, or who are no longer enrolled in secondary school for other reasons.

Competitive employment means work:

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In the competitive labor market that is performed on a full-time or part-time basis in an integrated setting; and

For which an individual is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals who are not disabled.

Full-time employment is defined as 35 or more hours per week. Part-time employment is defined as less than 35 hours per week.

Postsecondary school data collected will indicate: type of school, education, or training; and whether enrollment is full-time or part-time.

Full-time enrollment is defined as 15 or more college credit hours per term. Part-time enrollment is defined as less than 15 college credit hours per term.

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SECTION 5APPENDICES

Top 10 Highlights for Secondary TransitionLCSD List of Coordinated Transition Services

LCSD Exiting OptionsLCSD Summary of Performance

LCSD Transition Portfolio ChecklistLCSD Parent Transition SurveysLCSD Student Transition Surveys

MDRS (VR) Referral Forms

*Electronic versions of these forms are available on request from the LCSD Office of Special Services, 601-693-1683.

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LAUDERDALE COUNTY SCHOOL DISTRICT

OFFICE OF SPECIAL SERVICES

EARLY CHILDHOOD TRANSITION

PROCEDURES

EARLY CHILDHOOD TRANSITION232

Part C to Part B and Preschool to Kindergarten

Lauderdale County School District adheres to the following policies and utilizes applicable procedures to assure compliance with requirements for Early Childhood Transition (Part C to Part B) and best practices for Preschool to Kindergarten transition:

Early Childhood and Preschool Transition Headstart Child Find Evaluation/Eligibility Surrogate Parents FAPE IEP LRE ESY Procedural Safeguards Education Records Discipline Dispute Resolution

LCSD utilizes the following procedures to assist with Early Childhood and Preschool Transition: MDE Pre-K to Kindergarten Transition Plan MDE Transition to Kindergarten Folder Checklist LCSD Transition to Kindergarten Child Information Sheet

In addition, LCSD utilizes the following Guidelines for assessing skill sets and developing IEPs for preschoolers:

MS Early Learning Guidelines for Infant and Toddlers MDE MS Early Learning Standards for Three-Year-Olds MDE MS Early Learning standards for Four-Year-Olds

SECTION 6233

APPENDICESMDE Pre-K to Kindergarten Transition Plan

MDE Transition to Kindergarten Folder ChecklistLCSD Transition to Kindergarten Child Information Sheet

MS Early Learning Guidelines for Infant and ToddlersMDE MS Early Learning Standards for Three-Year-OldsMDE MS Early Learning standards for Four-Year-Olds

*Electronic versions of these forms are available on request from the LCSD Office of Special Services, 601-693-1683.

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