Timelines

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Timelines

Avoid Litigation
Special Education Time Lines and Best Practices
Student Referral Team Functions and Team Member Responsibilities
Child Find Responsibilities.

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Want to avoid litigation? Be proactive!!

1. If your IEP instructional approach(es) isn't working, try other instructional approaches.
2. Question whether you need to devote more time to reading.
3. Ask yourself if the student would benefit from some type of assistive technology.
4. Take another look at the student's visual and auditory deficiencies. Are they being addressed?
5. Research to see if there are computer programs that will address the disability; i.e. Reading Plus.

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SUMMARY OF MAJOR SPECIAL EDUCATION TIME LINES INCLUDES CHANGES IN NEW IDEA IN RED

DAY means a calendar day unless otherwise specified. Based on Education Code 56043

Action
Proposed Assessment Plan

Timeline
15 days

Best Practice
Noted in school assessment plan book which is kept in the office, discussed at weekly SRT meetings

Time Counted From
Date of Referral

Exceptions to Timeline
Not counting calendar days between regular school sessions/.term or days of school vacation in excess of five school days, unless parent agrees in writing to an extension. When referral is made in the last ten days of school, the proposed assessment plan must be provided within the first ten days of the start of the new year.
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Action
Parent consideration and decision regarding proposed assessment plan

Timeline
15 days

Best Practice
Noted and documented at weekly SRT meetings

Time Counted From
Receipt of proposed assessment plan
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Action
IEP Notification

Timeline
Early enough to ensure an opportunity to attend

Best Practice
In writing with special education teacher retaining dated copy, certified mail, phone calls documented

Time Counted From
Before IEP team meeting
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Action
Assessment (IEP Development)

Timeline
50 days ***************60 DAYS>>>>>>>>July 2005 (unless the state has a policy
that establishes a time line for evaluation)

Best Practice
Noted in the school assessment book kept in central office. Updated and documented at weekly SRT meetings

Time Counted From
Receipt of parent's written consent for assessment

Exceptions to Timeline
Not counting calendar days between regular school sessions/term or days of school vacation in excess of five school days, unless parent agrees in writing to an extension, unless parent agrees in writing to an extension. When referral is made 20 days or less prior to the end of the regular school year, IEP must be developed within 30 days after the start of the subsequent regular school year.
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Action
Schools to provide short-term objectives for students with significant disabilities,
and for all students, quarterly reports to parents on their child's progress toward
meeting annual IEP goals and how that progress is being measured.

Timeline
Check with your district for rules of implementation

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Action
Delete short-term objectives and benchmarks for students who will take regular
assessments or alternate assessments on grade level.


Timeline
Check with your district for rules of implementation
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Action
3 year IEP; Allows school districts to offer parents the option of a three-year IEP
under a 15-state pilot program
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Action
For transfer students in the same state within the same academic year who had
an IEP, the LEA shall provide services comparable to those described in the
previously held IEP until such time as the LEA adopts the previously held IEP or
develops, adopts and implements a new IEP.

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Action
For transfer students out-of-state, the LEA shall provide services comparable to
those described in the previously held IEP until such time as the LEA adopts the
previously held IEP or develops, adopts and implements a new IEP or until the
LEA conducts an evaluation, if it determines one to be necessary and develops a
new IEP.
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Action
IEP Implementation

Timeline
As soon as possible

Best Practice
Documented in SRT notes

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Action
IEP Meeting (IDEA 2004 now allows minor changes without convening an IEP)

Timeline
30 days

Best Practice
All IEP meetings should be listed by month in the weekly SRT agenda

Time Counted From
Receipt of written request from parent for IEP team meeting. (If parent makes oral
request, school district must notify parent of the need for a written request and
the procedures for filing written request.)

Exceptions to Timeline
Not counting days in July and August
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Action
Parental involvement in IEP meetings

Allows the use of tele-conferencing, video conferencing, and other alternative
means of participation.

Timeline
Check with your district for rules of implementation
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Action
The IEP case carrier can conference with the parent(s) and make minor changes
to a child’s IEP during the school year without reconvening the IEP team, and
encouraging the consolidation of IEP and reevaluation meetings.

Timeline
Check with your district for rules of implementation

Best Practice
Notify changes to all members of the IEP team and related personnel; changes
should be noted in the weekly SRT meeting.
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Action
Interim Placement Reviewed by IEP Team and Final Recommendation Made by Team

Timeline
30 days

Best Practice
Notations made in the weekly SRT agenda form

Time Counted From
Date of last IEP team meeting
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Action
Review:
* student's program;
* the IEP, including whether annual goals are being achieved;
* appropriateness of placement; and make any necessary revisions

Timeline
At least annually

Best Practice
Maintained and scheduled through weekly SRT meetings. Tri-annuals maintained
and scheduled similarly and then assessment team enters their testing dates in
assessment plan book in school office

Time Counted From
Date of last IEP team meeting
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Action
Parent Receive Copies of Student Records

Timeline
5 days

Best Practice
One person at school site is scheduled to make these appointments, supervise,
and notify SRT leader. At the next SRT, this is documented

Time Counted From
Oral or written requests by parent

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Action
Former LEA (school district usually) Sends Special Education Records

Timeline
5 working days

Best Practice
One person at school site is designated to make sure records are received. Also,
central Special Education Office must be notified of student's attendance.

Time Counted From
Request from current LEA
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Action
Reassessment

Timeline
3 years

Best Practice
All reassessments must be listed by month (at the beginning of the school year) in the weekly SRT notes under IEP meetings and assessments. Testing dates are recorded in the school assessment plan book maintained in the central office.

Time Counted From
Date of last three-year assessment and IEP

Exceptions to Timeline
More frequently if conditions warrant it
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Action
IEP Meeting

Timeline
When pupil demonstrates lack of anticipated progress

Best Practice
Noted in the weekly SRT agenda. Notifications to all participants (general education teachers) should be at least one week in advance of the meeting.

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Action

Transition
(Statement of Transition Service Needs included in IEP (focus on course of study)

Timeline
The first IEP after the child is 16 (and updated annually) must include: appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills...and the transition services (including courses of study) needed to assist the child in reaching these goals. (Section 1414 (d) (1) (A)

Best Practice
School should have updated list of transition services
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Action
Discipline-The Reauthorized IDEA IV

The reauthorized Individuals with Disabilities Education Act (IDEA) was signed into law on Dec. 3, 2004, by President George W. Bush. The provisions of the act will be effective on July 1, 2005, with the exception of some elements of the definition of 'highly qualified teacher' that took effect upon the signing of the act. This is one in a series of documents, prepared by the Office of Special Education and Rehabilitative Services (OSERS) in the U.S. Department of Education, that covers a variety of high-interest topics and brings together the statutory language related to those topics to support constituents in preparing to implement the new requirements. This document addresses only the changes to the provisions regarding discipline of IDEA that will take effect on July 1, 2005. It does not address any changes that may be made by the final regulations.

IDEA 2004 includes new requirements for placing children in interim alternative settings if they violate a "code of student conduct." This section includes requirements for manifestation determinations, placements, appeals, authority of the hearing officer, and transfer of rights at the age of majority. (Section 1415 (k)) Suspensions & Placements in Interim Alternative Educational Settings If a child with a disability violates a code of conduct, school officials may suspend the child for up to 10 days. If the school determines that the child's behavior was not a manifestation of the child's disability and suspends the child for more than 10 days, they may utilize the same procedures as with non-disabled children, but they must continue to provide the child with a free and appropriate education (FAPE). Section 1415 (k) (1)) If the school district suspends a child with a disability for more than 10 days, regardless of severity of the child's misconduct (i.e. violation of conduct v. possession of a weapon), the school must continue to provide the child with FAPE. The child will particpate in the general education curriculum, make progress on the IEP goals, and receive a functional behavioral assessment, behavioral intervention services and modifications to prevent the behavior from reoccurring. (Section 1415 (k) (1) (D)) The decision to place the child into an interim alternative educational setting is determined by the IEP Team, not the principal, superintendent or school board.

IDEA 2004:

1. Adds new authority for school personnel. School personnel may consider any unique circumstances on a case-by-case basis when deciding to order a change in placement for a child with a disability who violates a student conduct code. [615(k)(1)(A)]

2. Establishes a new standard for manifestation determinations. Within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct, the local educational agency (LEA), parent and relevant members of the Individualized Education Program (IEP) team (as determined by the parent and LEA) shall review all relevant information in the student's file, including the child's IEP, any teacher observations and any relevant information provided by the parents to determine if conduct was: Caused by, or was in direct and substantial relationship to, the child's disability; or A direct result of the LEA's failure to implement the IEP. [615(k)(1)(E)(i)]

3. Adds a new provision when there is a determination that a behavior was a manifestation of the disability. If the LEA, parent and relevant members of the IEP team, determine that the conduct was a manifestation of the child¡¦s disability, the IEP team shall: Conduct a functional behavioral assessment and implement a behavioral intervention plan for the child; or If a behavioral intervention plan has been developed, review the existing plan and modify it as necessary to address the behavior.

Other topics in this series include: Disproportionality and Overidentification; Early Intervening Services; Changes in Initial Evaluations and Reevaluations; Individualized Education Program (IEP); Discipline; Statewide and Districtwide Assessments; Individualized Education Program (IEP) Team Meetings and Changes to the IEP; Part C Option: Age 3 to Kindergarten Age; Procedural Safeguards: Surrogates, Notice, Consent; Procedural Safeguards: Mediation and Resolution Sessions; Procedural Safeguards: Due Process Hearings; Alignment With the No Child Left Behind Act; Highly Qualified Teachers; Children Enrolled by Their Parents in Private Schools; State Funding; and Local Funding. Documents are available on the OSERS Web site at: www.ed.gov/about/offices/list/osers/index.html. If the behavior is a manifestation of the child¡¦s disability, the child is returned to the placement from which he or she was removed, unless the parent and LEA agree otherwise. [615(k)(1)(F)]

4. Establishes a new standard for special circumstances. A school is permitted to remove a child with a disability to an alternative educational setting for not more than 45 school days without regard to whether the behavior is determined to be amanifestation of the child's disability, in cases where a child: Carries or possesses a weapon to or at school, on school premises, or to or at a school function under jurisdiction of a state educational agency (SEA) or LEA; Knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school function under the jurisdiction of an SEA or LEA; or

Has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of an SEA or LEA. [615(k)(1)(G)]

5. Adds a new definition. Serious Bodily Injury: defined in USC 1365(g) to mean a bodily injury that involves a substantial risk of death; extreme physical pain; protracted and obvious disfigurement; or protracted loss or impairment of the function of a bodily member, organ or faculty. [615(k)(7)(D)]

6. Authority of the Hearing Officer. In making the determination under Section 615(k)(3)(B)(i), the hearing officer may order a change in placement of a child with a disability ... in such situations, the hearing officer may return a child with a disability to the placement from which the child was removed or order a change in placement of a child with a disability to an appropriate interim alternative educational setting for not more than 45 school days if the hearing officer determines that maintaining the current placement of such child is substantially likely to result in injury to the child or to others. [615(k)(3)(B)(ii)]

6. Placement during appeals. When an appeal under Section 615(k)(3) has been requested by either the parent or the LEA, the child shall remain in the interim alternative educational setting pending the decision of the hearing officer, or until the expiration of the time period provided for in Section 615(k)(1)(C), whichever occurs first, unless the parent and the SEA or LEA agree otherwise. [615(k)(4)(A)]

7. Establishes a timeline for expedited hearings for placement during appeals. The SEA or LEA shall arrange for an expedited hearing, which shall occur within 20 school days of the date the hearing is requested, and shall result in a determination within 10 school days after the hearing. [615(k)(4)(B)]

8. Revises the standard for a basis of knowledge for children not yet eligible for special education and related services. An LEA is deemed to have knowledge that a child is a child with a disability if, before the behavior that precipitated the disciplinary action occurred, a: Parent expressed concern in writing to an administrator or a teacher; Parent of the child has requested an evaluation of the child pursuant to Section 614(a)(1)(B); or Teacher or other school or LEA personnel expressed specific concerns about a pattern of behavior demonstrated to an administrator. [615(k)(5)(B)

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Action
Functional behavioral assessments and behavioral services to students

Timeline
Students who are disciplined beyond 10 days

Reason
In order to prevent future behavior problems.
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Action
Review IEP for student in residential placement by expanded IEP team:
Case progress Continued need for out-of-home placement Extent of compliance with IEP Progress toward alleviating need for out-of-home placement

Timeline
6 months

Best Practice
Monitored and documented through weekly SRT meetings

Time Counted From
Previous IEP
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Action
Filing for Hearing

Timeline
3 years

Best Practice
Monitored and documented through weekly SRT meetings

Time Counted From
Date the initiating party knew or had reason to know the facts underlying the basis for the request.
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Student Referral Team

Each school has a Student Referral Team (it may be named differently). Members of the school SRT include the general educator, special educator, counselor, psychologist, speech and language specialist, school nurse, and administrator. Some schools have such support personnel as the ESL teacher and ELA specialist, The parent (and student when appropriate) is also part of the IEP team once a referral for special education is accepted. The SRT is responsible to:

Conduct Child Find activities. Child Find is a program that actively seeks to locate and identify children and youth who may have developmental delays or educational disabilities and may need special education and related services. Child Find activities, when conducted in the school, may include classroom observations, parent conferences, and review of educational records. These activities may lead to a more formal process to further explore ways to assist children.

Behaviors that may alert teachers or parents about a suspected developmental delay or educational disability include:

Difficulty staying on task

Persistent difficulty in following directions

Difficulty understanding what is read

Difficulty solving math problems

Inability to talk as well as other children of the same age

Demonstrating little interest in toys or stories for children of that age

Difficulty expressing ideas in spoken or written form

Recommend interventions. Parents and teachers may be concerned that a child or youth is experiencing difficulties in academic achievement and/or developmental progress. A parent should contact the child’s teacher or guidance counselor to discuss ideas and strategies that may help in the learning process. Some SRT members may be involved in working with the parent, teacher, and student in recommending interventions (changes in school instruction or home routines) that can assist the child.

Review a referral for special education and related services. At the end of the intervention/prereferral period, a conference is held to discuss the child’s progress. If the interventions have not been successful, then a referral to the SRT will be made. An individual evaluation is recommended when the SRT suspects that a child may have an educational disability. An assessment plan is designed to gain insight, through a series of tests and observations, into the suspected area of disability(ies) which may be influencing a child’s educational success.

Conduct an evaluation. Evaluations are special tests, observations, and other activities designed to collect information which will help in determining whether a student needs special education. The purpose of the evaluation will be printed on the permission form that parents will be asked to sign. These evaluations will be completed by a trained team of professionals (multidisciplinary team), include more than one test or procedure, and be administered in a non-discriminatory and non-biased manner. The results of the evaluation will provide information
about the child’s educational strengths and needs and help determine whether a special education program is necessary.

Determine eligibility for special education. After the evaluations are completed, parents, together with the SRT, will meet to review all of the information. The decision of whether a child is eligible for special education services is based on comparing the evaluation results to the eligibility criteria for the suspected disability.

Develop an Individualized Education Program (IEP). If the child is found eligible for special education, a written plan is developed. This program includes: current educational levels; long range goals and short term objectives for a 1-year period; ways in which progress will be evaluated; who will provide needed services; time in a special education program; modifications to the general education program; any medically related services; and secondary transition planning for adult life (begins at age 14). This IEP will be reviewed and revised each year to evaluate the child’s progress in achieving the goals. The child is reevaluated every 3 years to determine current educational needs and continued special education eligibility. The plan goes into effect only after parents agree and sign it.

Special Education Programs are reviewed on an on-going basis through the use of IDEA Special Education Compliance Standards, the identification of Best Practices, and Special Education Improvement Plans.

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Child Find Activities

As the result of Part C of the Individuals with Disabilities Education Act, Local Educational Agencies (LEAs) must participate in the child find process as primary referral sources. In addition, they must participate in the Local Interagency Councils’ (LICs) responsibility for the coordination and design of Part C child find and public awareness activities. LEAs must also participate in the transition process of eligible infants and toddlers to preschool programs as they approach the age of three. A school district is not required to provide early intervention
services, unless participating in a Part C grant. It is, however in a school district’s best interest to become involved with the early intervention system within its geographic region as soon as possible, especially since they may become responsible for these children in their district once they become 3 years of age.

34 CFR 300.200 requires that each Local Educational Agency applying for federal funds under P.L. 105-17 include “procedures which ensure that all children residing within the jurisdiction of the local educational agency who are disabled, regardless of the severity of their disability, and who are in need of special education and related services are identified, located, and evaluated….”. This includes 0-3 year olds as well as Part B children. Therefore, a school district’s procedures must address the 0-3 age group as well as older children.

LIC-LEA Relationship

LEAs serve as members of the LICs. As such, an LEA participates in the LIC’s responsibility for the coordination and design of Part C child find and public awareness activities.

In addition, Local Educational Agencies must participate in child find for 0-3 year olds as primary referral sources, 34 CFR Part 303.321(d)(3)(v). They are substantially responsible for the child find activities for infants and toddlers with disabilities and are major stakeholders in referring them for appropriate services, since the LEA will ultimately be responsible for educating them. Once such children with disabilities are identified by the LEA, referral must be made within two days to the local Child and Family Connections office (CFC). While LEAs are
not required to serve as evaluators, service providers or service coordinators, their staff may and should do so.

LEAs are also required to participate in the process of smooth and effective transitioning of eligible Part C children to preschool programs as they approach their third birthdays, 20 USC Section 1412(a)(9). This requires participation in a transition planning conference arranged by Part C providers six months prior to the child’s third birthday.

Summary

In summary, LEAs are responsible under federal regulation and law for the following Part C activities:

Conducting public awareness activities targeting families and other primary referral sources;

Conducting screening (by developmental checklists) to actively seek out infants and toddlers with disabilities, and maintaining procedures to assure compliance with the two-day referral time frame;

Working closely with CFCs to assure evaluations of identified children; and Participating actively in their LIC.

Additionally the LEA is encouraged to have its staff therapists and specialists participate in early intervention evaluations, assessments, and coordination as appropriate or as requested by CFCs, unless otherwise participating in a Part C grant. In that case, the LEA must conform to the Part C requirements.