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Identifying Special Education Needs In Class and Home

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Identifying Special Education Needs In Class and Home

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"As they consider the answers to these questions, it is particularly important for teachers to keep in mind that a child’s developmental delay or disability will be observable in both languages and across multiple settings. Additionally, developmentally appropriate strategies will likely produce noticeable gains for typically developing ELs but not necessarily for those with disabilities."

Students with Disabilities:

may show the same difficulties in both their home language and second language

may have the same concerns in other settings such as home and childcare

may not be very responsive to developmentally appropriate strategies

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IRIS | Page 2: Distinguishing Between Disability and Language Difference

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Delays in social and communication development might occur when children are learning two or more languages. Because such delays can be red flags for further developmental problems in the areas of social-emotional development and cognition, early childhood educators must determine their cause: langu…

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Communication with Parents and Formal Evaluation

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Communication with Parents and Formal Evaluation

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Within my own future classroom I would next open communication with parents to discuss if my student's difficulties within the classroom are something that affect them at home as well. If so, I could inform their parents that their child has a right to be formally evaluated for special education as a part of the Individuals with Disabilities Education Act. If their child is eligible for special education services after this evaluation, the next step would be to create an Individualized Education Program (IEP). This would also be a great time to establish a strong partnership with the student's family in order to provide them a strong community of support throughout their education.

Further information on diagnosing intellectual disabilities can be found in the follow resource:

https://www.psychiatry.org/patients-families/intellectual-disability/what-is-intellectual-disability

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Parents who are aware their child is having a difficult time with reading, mathematics, written expression or other aspects of school work might suspect that the child has a learning disability (LD), also known as specific learning disabilities, and may be in need of special education services.

Learning disabilities are caused by a disorder in how information is received, processed, or communicated within the brain and affect each individual differently. A learning disability can cause an individual to have difficulty in specific areas of learning, including reading, writing, and mathematics. In addition, individuals with LD may have difficulty with gross motor or fine motor coordination or with social interaction. Learning disabilities can affect children and adults and impact school, family, workplace and community life. For more information on LD, please see the LDA Position Statement What are Learning Disabilities?

What are your legal rights to an evaluation?

As a parent, guardian or advocate, you have a legal right to request that your public school evaluate your child for special education. Federal law, the Individuals with Disabilities Education Act as amended in 2004 (IDEA), gives you that legal right. States, through local school districts, must "identify, locate, and evaluate every child who may have a disability requiring special education services." This is called "Child Find." When there is suspicion that a child has a disability, parents and educators have a responsibility and a right to request a full, individual, comprehensive, multi-disciplinary evaluation.

Parents may request an evaluation in writing, with copies to the principal and the school district's director or coordinator of special education. Parents should retain copies of all correspondence relating to their child and follow up with the school principal on the status of the request.

Some states will not consider the parent's letter as sufficient permission to evaluate. Instead, the state may require the parent to sign the appropriate school district form before considering an evaluation. The date of the parent's signature on the school district form is the date used to establish the evaluation timeframe.

Here is a sample letter requesting an evaluation:

Date

Dear (name of director or coordinator of special education):

My child (first and last name) is having a difficult time learning. I am requesting that my child be evaluated for special education services. (Child's name) is a ___ grader in Ms./Mrs./Mr. (teacher's name) classroom at ______________School.

I understand that any information collected during current interventions with (child's first name) will be completed and a meeting date will be set within the timeline as required by federal law. My signature on this letter gives my consent for my child's evaluation to begin. I look forward to hearing from you. I am available by phone (name the days and times).

Sincerely,
Parent signature
Parent name, address, phone number

What is Response to Intervention (RTI) and how is it used in determining whether a child has a specific learning disability?
Response to Intervention, often called RTI, is a general education pre-referral process to help children who are having difficulty learning and achieving at grade level. RTI is designed to give these students additional academic support before the school district determines if they should be referred for a comprehensive special education evaluation.

In addition to a comprehensive evaluation, IDEA states: "In determining whether a child has a specific learning disability, a local educational agency may use a process that determines if the child responds to scientific, research-based intervention as a part of the evaluation procedures..." See 34CFR §300.307(a)(2). IDEA does not require the use of RTI but says that a local school district may use RTI as "part" of the process.

For more information on RTI, please see the LDA Information Sheet on RTI.

Do all states and school districts have the same policies for implementing RTI and conducting special education evaluations?

Every State has established its own policies, and many school districts within each State may also have different procedures. Many States and local school districts require a pre-referral process. While some schools and some States have required the use of RTI for students with possible learning disabilities, others are requiring RTI for students suspected of having any disability.

Is there a limit on how long a child might receive interventions under an RTI process?

There are no time lines in IDEA regarding how long children should receive these interventions. The first tier interventions may be used with the entire class (universal interventions), while more intensive interventions are targeted toward students struggling to learn. The number of weeks to complete the interventions may vary widely.

Is there a right to an evaluation if the child is receiving RTI interventions?

Yes. Regardless of where the child is in an RTI process, the IDEA regulations give parents the right to request an evaluation for special education services at any time. The law also says that information from an RTI process must be collected before the end of the timeframe set in place by the date of the parent's consent for a special education evaluation.

Is there a time frame for completion of the evaluation?

IDEA sets a timeframe of 60 days. However, each state may choose to set its own timeframe. For example, in North Carolina the time frame is 90 days from the time the school district receives the parent's written request. In Florida the timeframe is 60 working days. Check with the Division of Special Education in the state department of education or public instruction to find out the timeline.

What should a comprehensive evaluation include?

Information from an RTI process alone does not and cannot identify a child as having a learning disability. A comprehensive evaluation for a child who is suspected of having a specific learning disability may include data collected by the teacher during RTI progress monitoring process; but most importantly, a comprehensive evaluation should include information from educational and psychological assessments showing patterns of strengths and weaknesses and include input from parents, teachers and school psychologists.

When asked if a State could mandate RTI be used as the sole criterion to determine if a child had specific learning disabilities, the US Department of Education responded that SLD evaluation ...must include a variety of assessment tools and may not use any single measure of assessment as the sole criterion for determining whether a child is a child with a disability, as required under 34 CFR §300.304(b). ("Questions and Answers on Response to Intervention," January 2007)

The position of the Learning Disabilities Association of America (LDA) is that RTI should never be used to delay an evaluation for special education, deny evaluations, or place students in special education without the benefit of a comprehensive evaluation. RTI should never be used as the only assessment to determine identification and eligibility for services. RTI can never take the place of a comprehensive multi-disciplinary evaluation that delves into the specific areas of concern interfering with the child's learning.

What is the position of the U.S. Department of Education regarding a parent's right to request an evaluation for children involved in an RTI process?

On January 21, 2011, a memorandum from the Office of Special Education Programs, US Department of Education, to State Directors of Special Education stated that a Response to Intervention (RTI) process cannot be used to delay or deny an evaluation under the Individuals with Disabilities Education Act (IDEA). The directive stated: "It would be inconsistent with the evaluation procedures [of IDEA for a local school district] to reject a referral and delay provision of an initial evaluation on the basis that a child has not participated in an RTI framework."

Do parents have rights if the school district refuses to do an evaluation or, after evaluation, concludes the child is not eligible for special education services?

If the school district refuses to do an evaluation or, after evaluating the child, concludes the child is not eligible for special education services under IDEA, parents have other rights. If they are refused an evaluation or disagree with the evaluation, parents may be entitled to an independent evaluation at the school district's expense. Parents also have the option to pay for an evaluation by a professional of their choice.

As part of the dispute resolution process parents have the right to request mediation, filing of a state complaint, or filing for a due process hearing. When using these processes, a parent's case may be stronger when informal methods of conflict resolution have been attempted.

IDEA requires school systems to have procedures in place to assist parents in resolving disputes through mediation, a voluntary process. Mediation allows parents and school districts to explain their positions to an impartial mediator who facilitates the discussion and assists the parties in agreeing upon legally binding solutions to the conflict. The costs of mediation are paid for by the state education agency (SEA).

The state complaint process requires a parent to file a letter with the state education agency outlining the violation of Part B of IDEA or its implementing regulations. A copy of the complaint must be furnished to the school district at the time the complaint is file d with the SEA if the violation occurred in the school district.

IDEA provides for the right to challenge a school district's decision through a due process proceeding. A parent may request a form from the SEA to file an IDEA due process complaint. The due process proceeding has a number of steps.

First, there may be a meeting known as a resolution session, which offers the opportunity to discuss and resolve the issues. Parents and the school district may agree to waive the resolution session and use the mediation process instead.

If a resolution is reached the parties will sign a legally binding agreement. If not, the next step is to convene an impartial due process hearing.

The hearing process involves the right to be represented by an attorney for which the parent must pay, subpoena witnesses, present evidence, and cross examine witnesses. The hearing officer makes a decision.

If the parent disputes the decision of the hearing officer, the parent may proceed to court with a civil suit or to an administrative review (required in some states) and then to court.

Finally, even if the child is not eligible for special education services under IDEA, the child may be protected by other laws: Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. LDA advocates for identifying students with learning disabilities through comprehensive evaluations.

Adopted by LDA Board of Directors February 16, 2013

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Right to an Evaluation of a Child for Special Education Services

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Parents who are aware their child is having a difficult time with reading, mathematics, written expression or other aspects of school work might suspect that the child has a learning disability (LD), also known as specific learning disabilities, and may be in need of special education services.

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The contents of an IEP are developed after having a meeting with parents and the evaluation team

During the meeting, parents and the evaluation team will review the results of the evaluation

Both short-term and yearly goals will be created for each need discussed

During the meeting it will also be possible to decide which skills will receive the most attention

IEP will also include which support services the child will receive and how often they will receive them

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What's an IEP?

Students who need extra help and support in school may be eligible for special education services in the form of anindividualized education program (IEP). This program is offered free of charge to families of kids in public schools and outlines the goals and any support services that may be needed for a child to succeed in school.

The Individuals with Disabilities Education Act (IDEA) says that parents and guardians of students with disabilities or special health care needs are important members of their child's education team. They should work with educators to develop a plan that helps kids succeed in school.

Understanding how to get and use these services will help your child be as successful as possible in school.

Who Needs an IEP?

Students who are eligible for special education services need an IEP. While there are many reasons that students could be eligible, some common conditions include:

How Are Services Offered?

In most cases, the services and goals outlined in an IEP can be offered in a general school environment. This can be done in the regular classroom (for example, a reading teacher helps a small group of children who need extra help while the other kids in the class work with the regular teacher.) The small group serves students with similar needs who are brought together for help.

Every effort is made to help kids learn alongside their peers who do not have disabilities. But sometimes the level of support needed can't be met in a general classroom, so students are educated in a specialized learning classroom that is more appropriate for their needs. These classes have fewer students per teacher and allow for more one-on-one instruction. The teacher usually has training in helping kids with special educational needs. Students spend most of their day in a small group classroom and join the regular classes whenever possible - for example lunch, gym, or the arts.

What's the Referral and Evaluation Process?

The referral process begins when a teacher, parent, or doctor is concerned that a child may be having trouble in the classroom, and the teacher notifies the school counselor or psychologist.

The first step is to gather specific information about the student's progress or academic problems. This may be done through:

a conference with parents

a conference with the student

watching the student in class to assess performance (attention, behavior, work completion, tests, classwork, homework, etc.)

This information helps school officials decide the best next step. Sometimes new classroom strategies are all that's needed to help a child become more successful. If this doesn't work, the child will get an educational assessment, which can find a specific learning disability or other health impairment.

Note: The presence of a disability doesn't automatically guarantee a child will get services. To be eligible, the disability must affect how the child does at school. To decide on a child's eligibility, a team of professionals will consider their observations, as well as how the child does on standardized tests and daily work such as tests, quizzes, classwork, and homework.

Who's On the Team?

As a guardian, you can decide whether to have your child assessed. If you choose to do so, you'll be asked to sign a permission form that will detail who is involved in the process and the types of tests they use. These tests might include measures of specific school skills, such as reading and math or developmental skills, like speech and language.

The professionals on the evaluation team can include:

When the team finishes the assessment, a comprehensive evaluation report is developed. This report includes an educational classification and outlines the skills and support the child will need.

You can review this report before an IEP is developed. If there is something that you don't agree with, work together with the team to come up with a plan that best meets your child's needs.

How Is an IEP Developed?

The next step is an IEP meeting with you and the team to decide what will go into the IEP. A regular teacher should also attend this meeting to offer suggestions for how the plan can help your child progress through the standard education curriculum.

At the meeting, the team will discuss your child's educational needs - as described in the evaluation report - and develop specific, measurable short-term and yearly goals for each of those needs. You can take an active role in developing the goals and determining which skills or areas will receive the most attention.

The cover page of the IEP outlines the support services your child will get and how often they will be provided (for example, occupational therapy twice a week). Support services might include:

Services might also include transportation, test help or modifications, participation in special programs, and the inclusion of transition planning beginning at age 14.

If the team recommends several services, the amount of time they take in the child's school schedule can seem overwhelming. To ease that load, a professional may talk with your child's teacher to come up with strategies that help but won't offer hands-on instruction. For example, an occupational therapist may suggest accommodations for a child with fine-motor problems that affect handwriting, and the classroom teacher would incorporate these suggestions into the handwriting lessons taught to the entire class.

Other services can be delivered right in the classroom, so the child's day isn't interrupted by therapy. The child who has trouble with handwriting might work one-on-one with an occupational therapist while everyone else practices their handwriting skills. When deciding how and where services are offered, the child's comfort and dignity should be a top priority.

Your child's IEP should be reviewed annually to update goals and make sure your child is getting the support that's needed. However, IEPs can be changed at any time on an as-needed basis. If you think your child needs more, fewer, or different services, you can request a meeting and bring the team together to discuss your concerns.

What Are My Legal Rights?

Guidelines (sometimes called procedural safeguards) outline your rights as a parent to control what happens to your child throughout the IEP process. For example, timelines ensure that the development of an IEP moves from referral to providing services as quickly as possible. When your child is referred, ask about this timeline and get a copy of your parents' rights.

The parents' rights also describe how you can proceed if you disagree with any part of the evaluation report or the IEP - mediation and hearings are some options. You can get information about low-cost or free legal representation from the school district or through early intervention programs.

Attorneys and paid advocates familiar with the IEP process will provide representation if you need it. You also may invite anyone who knows or works with your child whose input you feel would be helpful to join the IEP team. Federally supported programs in each state support parent-to-parent information and training activities for parents of children with special needs. The Parent Training and Information Projects conduct workshops, publish newsletters, and answer questions by phone or by mail about parent-to-parent activities.

What Else Should I Know?

Parents have the right to choose where their kids will be educated. This choice includes public or private elementary schools and secondary schools, including religious schools. It also includes charter schools and home schools.

But parents should know that the rights of children with disabilities who are placed in private elementary schools and secondary schools are not the same as children with disabilities who are enrolled in public schools.

Two major differences that parents, teachers, school staff, private school representatives, and kids need to know about are:

1. Children with disabilities who are placed by their parents in private schools may not get the same services they would get in a public school.

2. Not all kids with disabilities placed by their parents in private schools will get services.

The IEP process is complex, but it's also an effective way to address how your child learns. If you have concerns, be sure to ask about the evaluation findings or the goals recommended by your child's IEP team. You know your child best and should play a central role in creating a learning plan tailored to their specific needs.

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individuals with disabilities education act

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Some kids may be eligible for individualized education programs in public schools, free of charge. Understanding how to access these services can help you be an effective advocate for your child.

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Ways that I can support my students using their IEPs:

working to meet the short-term and long-term specific goals outlined in the IEP

use tailored teaching strategies (using various instructional methods, adapted materials, scaffolding strategies, and assistive technology)

using modifications and accommodations such as adjustment in instruction, changes in environment, assessment adjustments, and differentiated assignments

making various assessments such as observations, portfolios, performance tasks, informal assessments, and collaborative assessments to determine what areas the students need more attention

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Mastering IEPs: Strategies and Collaboration for Classroom Success

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Unlock the secrets to successful IEP implementation with expert guidance on purpose, components, and collaborative strategies. Essential for educators supporting students with special needs.

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Observable Behaviors and Their Interpretation

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Observable Behaviors and Their Interpretation

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"Because of the challenges that are universally experienced when trying to learn a new language, it can be difficult to determine if a student is simply struggling with the language, or if the student also has learning disabilities" (Duquette and Land, 2014)