Regulations for the Education of Students with Exceptionalities
Mar 27, 2015
Regulations for the Education of Students with Exceptionalities
IDEA Regulations Revised Individuals with Disabilities Education Act
regulations revised December 1, 2008 Effective December 31, 2008
Parent right to revoke consent for special education and related services
Codified requirement to correct noncompliances as soon as possible and no later than one year after notification
Representation at due process hearing by nonattorneys
Why revise Policy 2419?
Revised Policy 2419
Policy and guidance documents are posted on the OSP Web site:
http://wvde.state.wv.us/osp/policy2419.html
Policy also is posted on the WVBE Web site:wvde.state.wv.us/policies
Procedural safeguards regarding parent right to revoke consent have been revised by WVDE
Revisions Parent right to revoke consent Student Assistance Teams Prior written notice Eligibility criteria – gifted and mental impairment Dates for Response to Intervention implementation IEP considerations Testing accommodations and APTA criteria moved
to Participation Guidelines document Least restrictive environment PreK caseloads Discipline Due process hearings and mediation
Prior Written Notice (PWN) Changes made throughout the policy to
create consistency General timeline for provision of PWN
changed to 5 days (previously 10 days)In response to comments that 10 days often
was an unnecessary delayTo ensure consistent ruleDisciplinary removal resulting in change of
placement requires same day PWN
Chapter 1 – Free Appropriate Public Education
Page 6 - Medicaid consent procedures revised, consistent with OSEP clarification
Consent documentation must be obtained from parent prior to disclosing student records and billing Medicaid
Specific services, extent, frequency and duration of services documented
Revised and parent consent obtained if billable services change
Consent may be, but need not be, requested at an IEP meeting; may obtain consent without convening an IEP meeting
Chapter 1 – Free Appropriate Public Education
Page 7 – Clarifies the term “standard diploma” does not include:
Modified diploma General Educational Development
credential (GED)
Chapter 2 – Child Find
Page 9 - Referral sections reorganized and streamlined
Clarifies referrals may be made by any interested person or agency; evaluations may be initiated only by parent or district
Clarifies who receives and processes refe Policy 2419 addresses SAT for purpose of considering referrals for special education, however, SAT has other purposes not involving special ed referrals, to which timelines would not apply. referrals.
Chapter 2 – Child FindStudent Assistance Team Pages 9-10 - The SAT may:
Conduct problem-solving processProcess written referrals for special
educationRespond to parent request for initial
evaluation from parents and provide prior written notice
Initiate initial evaluation when warranted based on outcome of interventions, response to a parent request, or when apparent disability warrants immediate attention
SAT Problem-Solving Process:
Initiate, continue or modify interventions within a timeline established for the student by the SAT;
Review the effectiveness of the SAT’s recommendations within the timeline established for the student, but in no case may the review take place beyond forty-five school days;
Student Assistance Team
• Ensure problem solving activities of the SAT are not used to delay processing a request for initial evaluation where immediate action is warranted;
• Close the problem-solving process when appropriate based on results of interventions: or
Student Assistance TeamRequest an initial evaluation, in cases where
warranted, for example, a sensory impairment or other significant disability requiring immediate attention or when presented evidence and documentation of previous interventions sufficient to make a decision; or
When a written request for initial evaluation has been initiated by the parent, determine whether the evaluation will be conducted, and provide prior written notice of the decision and a copy of the procedural safeguards to the parent.
Chapter 3 - Evaluation Page – 14 - PWN required when
responding to parent request for additional evaluation
Upon receipt of a written parental request for an additional evaluation, the IEP team considers the request, with or without holding a meeting, and within ten days of receipt provides prior written notice of its response. If the evaluation is conducted, the aforementioned timelines apply.
Chapter 3 - Evaluation
Page 15 - PWN required when requesting parent consent for evaluation/reevaluation
Page 16 - Written consent requested within five days of decision to evaluate
Chapter 4 - Eligibility Page 19 - Eligibility Committee must convene
within 80 days of parent consent or after completion of reevaluation
Provide parents of students with sensory impairments information pertaining to WV Schools for the Deaf and the Blind (p. 20)
Page 26 - Gifted eligibility criteria:If student’s general intellectual ability score is
unduly affected by performance in one or more composite scores, an alternate general ability index or individual composite measure may be used as permitted in test manual
Individualized Student Transition Plan for gifted in grades 9-12 consistent with Policy 2510 (p. 27)
Chapter 4 - Eligibility
Criteria for mental impairment revised per clarification (p. 28)Mild/moderateModerate/severe
Aligns with certification patterns and provides flexibility in determination based on adaptive functioning
RTI timelines revised per clarification (pp. 30 and 36)
RTI
Page 31 - Students who do not achieve mastery on essential or critical grade-level skills, as substantiated by assessment results, are identified for additional supports and interventions at Tier 2.
Chapter 5 - IEP
Page 43 - When the IEP team and parent does not reach consensus, the district representative makes the decision and provides PWN to parent at conclusion of the meeting
Clarifies when IEP team must conduct manifestation determination within ten days of disciplinary removal resulting in change of placement
Chapter 5 - IEP Pages 46-47 - Reorganizes IEP
considerations to reflect order in IDEA regulations
Changes WESTEST to WESTEST2 Page 51 - Deletes sections duplicated in
Guidelines for Participation of Students with Disabilities in State Assessments – requirements still in effect but now found only in the guidelines posted at:
http://wvde.state.wv.us/oaa/filecabinet.html#federal
Chapter 5 - IEP Page 52-53 - Least restrictive environment
Reorganizes and removes repetitionClarifies that continuum of placements must be
availableClarifies that placement in LRE is decided after
all other parts of the IEP are completed and is based on student’s needs
Adds placement may not be based on availability of placement options, services, staff or space – similar to previous Policy 2419 requirements
Parent Right to Revoke Consent Prior to IDEA, federal regulations required
parent to file a due process hearing to remove a child from special education services
Districts were reluctant to remove a child due to free, appropriate public education requirement
IDEA regulations had been interpreted by Office of Special Education Programs (OSEP) to allow parent choice
December 1, 2008 codified the parent’s right, effective December 31, 2008
IDEA, 34 CFR §300.300
(3) If the parent of a child fails torespond to a request for, or refuses toconsent to, the initial provision ofspecial education and related services,the public agency—(i) May not use…mediation procedures under
§ 300.506 or the due process procedures under §§ 300.507 through 300.516 in order to obtain agreement or a ruling that the services may be provided to the child;
IDEA, 34 CFR §300.300
Will not be considered to be inviolation of the requirement to makeFAPE available to the child because ofthe failure to provide the child with thespecial education and related servicesfor which the parent refuses to or failsto provide consent; and(iii) Is not required to convene an IEPTeam meeting or develop an IEP under§§ 300.320 and 300.324 for the child.
IDEA, 34 CFR §300.300
(4) If, at any time subsequent to theinitial provision of special educationand related services, the parent of achild revokes consent in writing for thecontinued provision of specialeducation and related services, thepublic agency—(i) May not continue to providespecial education and related services tothe child, but must provide priorwritten notice in accordance with§ 300.503 before ceasing the provision ofspecial education and related services;
(ii) May not use …mediation procedures under § 300.506
or the due process procedures under §§ 300.507 through 300.516) in order to obtain agreement or a ruling that the services may be provided to the child;
(iii) Will not be considered to be in violation of the requirement to make FAPE available to the child because of the failure to provide the child with further special education and related services; and
(iv) Is not required to convene an IEP Team meeting or develop an IEP
IDEA, 34 CFR §300.300
Implications of Revocation Amendment of records not required Age of majority – student to whom rights have
transferred may revoke consent, however, also parents receive PWN
Consent may not be revoked for a particular service
Subsequent request for evaluation after services have been terminated is treated as initial evaluation
The student is no longer entitled to special discipline rules
The student no longer receives IEP accommodations in general education environment
Disagreement on Particular Service Initial consent is for special education and
related services, not for a particular service When consent is revoked, it is for all
special education and related services If a parent wishes to terminate a specific
service, IEP team considers whether FAPE can be provided without it, and, if so, may remove the service from the IEP
If the IEP team refuses to remove the service, the parent may use due process hearing to resolve the issue
Consent for Initial Placement and Revoking Consent – Pages 56-57 Parent or student to whom rights have
transferred must revoke consent in writing
Refusal to provide initial consent for services or
Provide PWN within five days to parent regarding termination of services
Subsequent request for services is treated as an initial evaluation request
PWN and IEP – Page 57At the conclusion of the IEP Team meeting, provide the parent or adult student prior written notice and a copy of the IEP
This applies whether or not the parent attends the meeting and whether or not the parent agrees with the IEP
Procedural Safeguards Notice - p. 60 Provide for disciplinary removal resulting in
change of placement (p. 65)
Chapter 6 – Administration of Services
Page 63 – Maximum case management limit of 20 students with IEPs for teachers of developmental delay
Page 66 – Special education teacher required
Chapter 6 – Caseloads
When students with different levels of service need are in the same class, the per period staffing ratio for the highest level of need (more staff) is required (p. 67)
Pre-K CaseloadsProgram
Maximum Students Per Session
Staff
Universal Pre-k with Students with IEPs
20 students per session with limit of 10 students with IEPs per session
2 staff persons per session (1 teacher and 1 additional staff person) with no more than 9 students with IEPs3 staff persons (1 teacher and 2 additional staff persons) required for 10 students with IEPs
Special Education Pre-k
8 students 1 teacher and 1 additional staff person
10 students1 teacher and 2 additional
staff persons
Chapter 7 - Discipline Disciplinary removal resulting in change of
placement (e.g. over 10 days) requires same day PWN and procedural safeguards (p.69)
School personnel (not district) may unilaterally remove a student to Interim Alternative Educational Setting for specific reasons (drugs, weapons, serious bodily injury) (p. 70)
Severe bodily harm change to “injury” consistent with federal law
Chapter 9 – General Supervision and Accountability Notification and correction of noncompliances
as soon as possible, and in no case later than one year
Chapter 10 – Procedural Safeguards
PWN five day timeline (p. 92)
Parent revocation of consent added to applicable sections (p. 93, p. 102)
Chapter 11 – Dispute Resolution Mediation may be filed for “any matter”
(p. 101) – changed consistent with IDEA 2004 regulations
WVDE informs parent of free/low cost legal assistance when a due process hearing is filed (not district) (p. 103)
Representation by nonattorneys (p. 107) Due process hearing decision may be
appealed to civil court within 90 days (p. 110)
(304)558-2696
FAX (304) 558-3741
Direct questions to: Sandra McQuain, Ed.D.
Assistant DirectorOffice of Special Programs
West Virginia Department of Education
Bldg. 6, Room 304Charleston, WV 20305