Adverse Effect - bigeastcoop.org Documents/Eligibility... · looking at individual student folders 4. Note on IDEA 2004 IDEA 2004 requires KDE to have no ... Where may the ARC’s

Adverse

Effect

Looking at

IDEA Eligibility

Determinations

in Kentucky

1

To provide key staff

with legal

requirements for

eligibility

determinations,

and

To enable ARCs to

make defensible

eligibility

determinationsOutcomes

2

Why Focus on Adverse Effect?

KCMP Verification Visits

Office of Educational Accountability

(OEA) Report to the Legislature3


DECS visited eleven districts during SY

2008-09 to validate KCMP self-

assessments

The compliance indicators (Indicators 9,

10, 11, 12 and 13) were reviewed by

looking at individual student folders4

Note on IDEA 2004

IDEA 2004 requires KDE to have no

school districts with disproportionate

representation of racial /ethnic groups

based on inappropriate identification:

In special education -Indicator 9

or

In high incidence disability categories

(Indicator 10)

5

Question

Why “high incidence” disability categories

instead of all IDEA categories?

6

IDEA 2004

If a district has disproportionate

representation in either area, KDE

must determine if it is due to

inappropriate identification of

students in racial/ethnic groups

7

KCMP

KDE uses the Kentucky Continuous

Monitoring Process (KCMP) as one way

to decide if a district’s disproportionate

representation is due to inappropriate

identification

8


During the verification visits, DECS

examined student folders of racial/ ethnic

groups for inappropriate identification,

even if the district had less than 10

students in the racial group

9


Numerous student folders showed that

due process procedures were not being

followed by ARCs when determining

IDEA eligibility

10


IDEA Violations

• Failing to consider the adverse effect of

disability on the student’s education

• Failing to consider social and cultural

factors on disability determinations

• And…

11


Failing to consider the lack of appropriate

instruction in reading and math in

determining eligibility

12


KDE’s conclusions regarding district IDEA

noncompliance for Indicators 9 and 10

were based upon:

The lack of ARC documentation in

determining eligibility

Individual facts found in student folders

13

OEA Report

14

OEA Report

Recent report by OEA for the Interim

Joint Committee on Education highlighted

two areas of special education in

Kentucky

15

OEA Report

Over-identification of special education

students

State pays most of the cost of special

education services

16

Audits State law requires KDE to review and, as

needed, select districts for child count

audits

Districts may be selected for the audit,

based on a number of factors, including…

17

Audits

Unusual child count data, such as more

than 15% of the total school population

reported as having disabilities

No changes in numbers from year to year

707 KAR 1:380, Section 618

On-Site Visits

As a result of the Verification Visits

showing disproportionate representation

due to inappropriate identification, and

The OEA Report highlighting over-

identification in the area of special

education

DECS will be conducting on-site visits this

fall

19

On-Site Visits

The main focus will be on

districts whose identification rate

exceeds 15%

20

Next…

During the remainder of the training, we

will look at regulations on eligibility

determinations, including adverse effect

Then…

21

We will review files of students who are

African- American that ARCs determined

were eligible for special education

services

22

Regulations: Child With a Disability

A child with a disability is defined as a

child who, after appropriate evaluation,

meets the criteria for one of the thirteen

IDEA disabilities

23

Regulations: Child With a Disability

The disability must have an adverse

effect on the child’s educational

performance with the child needing

special educational and related

services as a result of the disability

707 KAR 1:280, Section 1(9)

24

Child With a Disability

What is required to be a “child with a

disability”?

Appropriate evaluation

Meeting eligibility criteria

Adverse effect

Need for special education/specially

designed instruction due to the disability

25

“Appropriate Evaluation”

Since 2007, Kentucky districts are

required to have a referral system that

prevents disproportionate representation

in special education by race and ethnicity

Appropriate instruction and interventions

must be provided before referral or as

part of referral/evaluation process

707 KAR 1:300, Section 3

26


Prior to, or as part of the referral process,

the child is provided:

Appropriate, relevant research-based

instruction and intervention services in

general education settings

By qualified personnel,

and

27

Appropriate Evaluation”

Data-based documentation of repeated

assessments of achievement or measures

of behavior

Collected and evaluated at reasonable

intervals, reflecting systematic assessment

of student progress during instruction

Parents are provided with the results

28


The ARC must draw upon information

from a variety of sources, including:

Aptitude and achievement tests

Parent input

29

Teacher recommendations

Information about the child’s physical

condition, social or cultural background,

and adaptive behavior; and,

30


The ARC must

(ii) Ensure that information obtained from

all of these sources is documented and

carefully considered


34 CFR 300.306

31

“Meeting Eligibility Criteria”

ARCs must scrupulously follow the

eligibility criteria

This is difficult with “judgment” IDEA

categories, particularly OHI and other

high incidence disability categories

We will look for examples in review of

student folders

32

Adverse Effect

What is adverse effect?

Adverse effect means the child’s progress

is impeded by the disability to the extent

that educational performance is

significantly and consistently below the

level of similar age peers

707 KAR 1:002, Section1(2)

33

Adverse Effect

The important concepts within the

definition are:

Progress is impeded by the disability

Educational performance is below similar

age peers, both

Significantly, and

Consistently 34

Adverse Effect

“Significantly” is not defined in the

regulations

35

Adverse Effect

Adverse effect is closely tied to the

requirement that to be a “child with a

disability”, the student must need special

education and related services by reason

of the disability

36

Adverse Effect

Where may the ARC’s adverse effect

determination show up in a student folder?

Eligibility determination – check off box

IEP

◦ PLEP

◦ Statement of measurable goals

◦ Special education

◦ Specially designed instruction

oConference Summary Report (referring to

Integrated Assessment)37

PLEP

A statement of the child’s present levels

of academic achievement and functional

performance, including how the child’s

disability affects the child’s involvement

and progress in the general curriculum as

provided in the Kentucky Program of

Studies…


38

Statement of Measurable Goals

The IEP contains “a statement of measurable

annual goals, including academic and functional

goals designed to--

(A) Meet the child’s needs that result from the

child’s disability to enable the child to be

involved in and make progress in the general

education curriculum; and

(B) Meet each of the child’s other educational

needs that result from the child’s disability;


39

Special Education

“Special Education” means

specially designed instruction … to meet

the unique needs of the child with a

disability…

707 KAR 1:002, Section 1 (56)

40

Specially Designed Instruction

Federal law defines “specially designed

instruction” as the part of special

education that:

Adapts, as appropriate to the needs

of .. a child, the content, methodology, or

delivery of instruction to address the

unique needs of the child that result from

the disability…

34 CFR 300.39(b)(3)(i)

41

Specially Designed Instruction

Is the specially designed instruction

related to the child’s disability?

Think about specially designed instruction

in IEPs of students you know that are:

OHI

EBD

42

Related Issues

Other issues related to adverse effect

Special rule for eligibility (707 KAR 1:310,

Section 1)

Procedures for determining eligibility and

educational need (707 KAR 1:310,

Section 1)

43

Special Rule for Eligibility

Special rule : A child must not be identified

under IDEA if the determinant factor is:

Lack of appropriate instruction in reading,

including the essential components of

reading instruction,

Lack of appropriate

instruction in math

44

Special Rule for Eligibility, continued

A child must not be identified under IDEA if the determinant factor is:

Limited English Proficiency / English language learner

And the child does not otherwise meet the eligibility criteria

707 KAR 1:310, Section 1;34 CFR 300.306

45

Special Rule for Eligibility, continued

If the child’s performance is related

to being an English language learner

or the lack of instruction in reading

or math, the adverse effect

requirement is not met

46

Activity

Directions

Break into small groups

Review the first student record

Discuss the ARC decisions in light of our

discussion on the regulations

Have a recorder write down factors you

might have considered had you been a

member of the ARC

Discuss as a large group

47

Questions?

48