1. Trang chủ
  2. » Ngoại Ngữ

Oklahoma Special Education Handbook_0

248 15 0

Đang tải... (xem toàn văn)

Tài liệu hạn chế xem trước, để xem đầy đủ mời bạn chọn Tải xuống

THÔNG TIN TÀI LIỆU

Cấu trúc

  • Table of Contents

  • How-to Guide on using this Manual

    • Navigation

      • A. Option 1

      • B. Option 2

    • Interactive Legal Citations

      • A. Accessing Federal Regulations

      • B. Accessing Oklahoma Statute & Regulations (Oklahoma Administrative Code)

  • Acronyms and Abbreviations

  • Glossary

  • Chapter 1: Free Appropriate Public Education (FAPE)

    • Legal Citations

    • Section 1. Definition of a Free Appropriate Public Education (FAPE)

    • Section 2. Provision of a FAPE

      • A. LEA Obligation

      • B. LEA Provision of a FAPE

      • C. Limit to LEA Obligation

      • D. When LEA Obligation to Provide a FAPE Ends

    • Section 3. FAPE Considerations

      • A. Incarcerated Students

      • B. Funding Sources and Insurance

      • C. Accessible Instructional Materials and Assistive Technology

      • D. Physical Education

      • E. Residential Placement

      • F. Extended School Year

      • G. Charter Schools and Virtual Charter Schools

      • H. Medication

    • Section 4. Case Law Interpretations of a FAPE

  • Chapter 2: Child Find

    • Legal Citations

    • Section 1. LEA Responsibility

    • Section 2. Locating Students

      • A. Coordination

      • B. Public Awareness

    • Section 3. Identifying Students

      • A. Screening

      • B. Coordinated Early Intervening Services (CEIS)

    • Section 4. Special Education Referral

    • Section 5. Early Childhood Considerations

      • A. Transition Planning Conference (TPC)

      • B. Late Referrals to SoonerStart

      • C. Late Referrals to LEA

  • Chapter 3: Initial Evaluation & Eligibility

    • Legal Citations

    • Section 1. Request for Initial Evaluation

    • Section 2. Parent Rights

    • Section 3. Review of Existing Data (RED)

      • A. No Additional Data Needed

      • B. Additional Data Needed

    • Section 4. Written Notice/Parental Consent

      • A. Written Notice

      • B. Request for Parental Consent

      • C. Failure to Respond or Provide Consent

    • Section 5. Evaluation

      • A. Evaluation Group

      • B. Parent Participation

      • C. Timeline

      • D. Evaluation Procedures

      • E. Definitions of Evaluation and Assessment

      • F. Evaluation Comprehensiveness

    • Section 6. Evaluation Considerations for Eligibility

      • A. Observation

      • B. Academic/achievement/developmental

      • C. Social/cultural factors

      • D. Disability Category Information

      • E. Autism

      • F. Deaf-Blindness (DB)

      • G. Deafness - Hearing Impairment (HI)

      • H. Developmental Delay (DD)

      • I. Emotional Disturbance (ED)

      • J. Intellectual Disabilities (ID)

      • K. Multiple Disabilities (MD)

      • L. Orthopedic Impairment (OI)

      • M. Other Health Impairment (OHI)

      • N. Specific Learning Disability (SLD)

      • O. Speech or Language Impairment (SLI)

      • P. Traumatic Brain Injury (TBI)

      • Q. Visual Impairment including Blindness (VI)

    • Section 7. Eligibility

      • A. Multi-Disciplinary Evaluation and Eligibility Group Summary (MEEGS)

      • B. Consideration of Data

      • C. Eligibility Determination

  • Chapter 4: Individualized Education Programs (IEP)

    • Legal Citations

    • Section 1. Special Education and IEPs

      • A. Purpose of Meeting

      • B. Team Decision Making

      • C. IEP Team Members and Roles

      • D. Parent Participation

      • E. Method of Parent Participation

      • F. Excusal from the Meeting

      • G. Recording Guidelines

    • Section 2. IEP Timelines

    • Section 3. IEP Development

      • A. Present Levels of Academic Achievement and Functional Performance

      • B. Consideration of Special Factors

      • C. Parent Concerns

      • D. Goals and Benchmarks/Objectives

      • E. Progress Toward Goals

      • F. Service and Support Components

      • G. State Wide and District Wide Achievement Testing

      • H. Extended School Year Services (ESY)

      • I. LRE Explanation

      • J. Consent for Initial Placement in Special Education

      • K. Assistive Technology Devices and/or Services

      • L. Transportation

      • M. Secondary Transition

    • Section 4. IEP Reviews

      • A. Annual IEP

      • B. Following the Annual Meeting

      • C. IEP Amendments

    • Section 5. IEPs for Transfer Students

      • A. Transfer within an Oklahoma School District

      • B. Transfer from Out-of-State

    • Section 6. IEPs for Children from IDEA Part C to Part B

      • A. IDEA Part C to Part B Transition Planning

  • Chapter 5: Least Restrictive Environment (LRE)

    • Legal Citations

    • Section 1. LRE Considerations

      • A. When to Make and Review Placement Decisions

      • B. Considerations in Placement Decisions

    • Section 2. LRE & Continuum of Settings and Services

      • A. Explanation of the Continuum of Settings and Services

      • B. Continuum of Alternative Placements and LRE Decision Tree

      • C. Nonacademic and Extracurricular Activities

      • D. Program Options

      • E. Special Circumstances

      • F. Continuum of Alternative Placements for Preschool Age Children (3-5)

    • Section 3. Federal Reporting of LRE

  • Chapter 6: Discontinuation of Services,

  • Graduation, and Grading

    • Legal Citations

    • Section 1. Discontinuation of Special Education Services

      • A. Students Who Are No Longer Entitled to Special Education Services

      • B. Change in LEA Obligation to Provide Services

      • C. Parent Revokes Consent for Special Education Services

    • Section 2. Graduation

      • A. IEP requirements regarding graduation

      • B. Graduation Ceremonies

    • Section 3. Transcripts and Diplomas

      • A. Transcript

      • B. Diploma

    • Section 4. Grades, Class Ranking, and Honor Roll

  • Chapter 7: Reevaluation

    • Legal citations

    • Section 1. Reevaluation and Continuing Eligibility

      • A. Purpose of the Reevaluation

      • B. Need for Reevaluation

    • Section 2. Parent Rights

    • Section 3. Review of Existing Data (RED)

      • A. No Additional Data Needed

      • B. Additional Data Needed

    • Section 4. Written Notice/Parental Consent

      • A. Request for Consent

      • B. Written Notice

      • C. Failure to Respond or to Provide Consent

    • Section 5. Reevaluation

      • A. Members of the Reevaluation Group

      • B. Parent Participation

      • C. Conducting the Reevaluation

      • D. Definitions of Evaluation and Assessment

    • Section 6. Determining Continued Eligibility

    • Section 7. Reevaluations for a Child Identified as Developmentally Delayed

  • Chapter 8: Charter Schools

    • Legal Citations

    • Section 1. Definition and Parent/Student Rights

      • A. Definition of Charter or Virtual Charter Schools

      • B. Rights of Charter or Virtual Charter School Students and Their Parents

    • Section 2. Responsibility for Services

      • A. Charter and Virtual Charter Schools Sponsored by LEAs

      • B. Charter and Virtual Charter Schools Sponsored by One of the Entities Listed in Section 1.A.2

    • Section 3. Essential Components of a Charter and Virtual Charter School Special Education Program

    • Section 4. Funding

      • A. State Funds

      • B. Federal Funds

      • C. Establishment and Funding for a New Charter School

      • D. Sample Template/Free and Reduced Lunch

      • E. Sample Template/Child Count

      • F. Expending Funds

  • Chapter 9: Private School Students

    • Legal Citations

    • Section 1. Private School Students

      • A. Definitions of Private Schools:

      • B. Definition of Offering a FAPE:

    • Section 2. Definitions of Private School Placements

      • A. Definition of Voluntary Enrollment by a Parent

      • B. Definition of LEA Placement

      • C. Definition of an Unilateral Placement

    • Section 3. LEA Responsibilities for Parentally Placed Private School Students

      • A. LEA Consultation with Private School Representatives

      • B. Compliance with Consultation Process

      • C. Child Find Requirements

      • D. Annual Count of Eligible Students

      • E. Provision of Services

      • F. Dispute Resolution

      • G. Private Schools and IDEA Part B Funding

      • H. Carryover of Unspent Funds

      • I. Maintenance of Effort for the Proportionate Share

    • Section 4. Lindsey Nicole Henry (LNH) Scholarship

      • A. LNH Scholarship Calculation Criteria

      • B. Application Procedure

      • C. LNH Scholarship & Child Count

  • Chapter 10: Improving Results

    • Legal Citations

    • Section 1. Special Education Data and Reporting

      • A. Data Collection

      • B. Data Reporting

      • C. District Data Profiles

      • D. Levels of Determination

      • E. Summary of Significant Disproportionality

      • F. Other Uses of Special Education Data

    • Section 2. Early Childhood Outcomes (ECO)

      • A. ECO Ratings

      • B. Child Outcomes Summary Form (COSF)

    • Section 3. Improving Results

      • A. Critical Questions Framework

      • B. Oklahoma’s Tiered System of Monitoring

      • C. Tiered Activities

  • Chapter 11: Procedural Safeguards

    • Legal Citations

    • Section 1. Procedural Safeguards Notice

      • A. When the Procedural Safeguards Notice Is Provided

    • Section 2. Domestic Considerations

      • A. Definition of a Parent

      • B. Definition of a Surrogate Parent

      • C. Adult Students and the Transfer of Rights

      • D. Married Minors

      • E. Ward of the State

    • Section 3. Informed Consent

      • A. Definition

      • B. Actions Requiring Consent

      • C. When Consent Is Not Required

      • D. Refusal to Give Consent

      • E. Failure to Respond to a Request for Consent Regarding Reevaluation Assessment

      • F. Revoking Consent

    • Section 4. Written Notice

      • A. Definition

      • B. Criteria for Written Notice

      • C. Written Notice Is Required

      • D. Content of Written Notice

    • Section 5. Confidentiality and Access to Records

      • A. Confidentiality

      • B. Access to Records

      • C. Disclosures Not Requiring Consent

      • D. Destruction of Records

      • E. Request for Amendment of Records

    • Section 6. Guidelines for Minimizing the Use of Seclusion

    • Section 7. Guidelines for Minimizing the Use of Physical Restraint

    • Section 8. Independent Educational Evaluations (IEE)

      • A. Definition

      • B. Right to an IEE

      • C. Procedures for Requesting an IEE

      • D. Criteria for Reasonable Costs

      • E. LEA Responsibilities Following IEE Requests

      • F. Consideration of the IEE Results

  • Chapter 12: Discipline

    • Legal Citations

    • Section 1. General Discipline Guidelines

      • A. Disciplinary Actions Resulting in Removal for 10 or Fewer School Days

      • B. Disciplinary Actions Resulting in Removal for More than 10 School Days

    • Section 2. Actions Involving a Disciplinary Removal that Results in a Change of Placement

      • A. LEA Actions Resulting in a Change of Placement

      • B. Hearing Officer Actions Resulting in a Change of Placement

      • C. Court Actions Resulting in a Change of Placement

    • Section 3. FAPE Considerations

      • A. LEA Actions When There is a Change of Placement

      • B. FAPE Requirements in an IAES

    • Section 4. Procedures for a Manifestation Determination

    • Section 5. Other Considerations

      • A. Request for an Expedited Hearing

      • B. Protections for Students Not Yet Eligible for Special Education

      • C. Parent Request for Evaluation of a Disciplined Student

      • D. Referrals to and Action by Law Enforcement and Judicial Authorities

      • E. Transfer of Discipline Records

      • F. Parents Revoking Consent

  • Chapter 13: Dispute Resolution

    • Legal Citations

    • Section 1. Dispute Resolution

    • Section 2. IEP Facilitation

      • A. Definition of Facilitation

    • Section 3. Mediation

      • A. Definition

      • B. The Special Education Mediation Process

      • C. Special Education Resolution Center (SERC)

    • Section 4. Formal Complaints

      • A. Filing Complaints

      • B. OSDE Complaint Procedures

    • Section 5. Due Process Hearings Requests

      • A. Definition

      • B. Due Process Hearing Request from Parent and/or Adult Student

      • C. Due Process Hearing Request by an LEA

      • D. Contents of a Request for a Due Process Hearing

      • E. Actions for Due Process Hearings

    • Section 6. Expedited Due Process Hearings

      • A. Definition

      • B. Expedited Hearing Requests

      • C. The Expedited Hearing Process and Decisions

      • D. Placement During an Expedited Hearing

    • Section 7. Appeals and Civil Action

    • Section 8. Attorney Fees

      • A. Prohibition of Attorney Fees

      • B. Exception to the Prohibition of Attorney Fees

      • C. Reduction in the Amount of Attorney Fees

      • D. Exception to the Reduction of Attorney Fees

      • E. Special Provisions Regarding Attorney Fees

  • Chapter 14: Transfers, IEP Service Agreements and Move-In Students

    • Legal Citations

    • Section 1. Introduction to Transfers

      • A. Open Transfers

      • B. Emergency Transfers

      • C. IEP Service Agreements

    • Section 2. Move-In Students

      • A. Move-in from an Oklahoma school district – student chooses to attend new district of residence

      • B. Move-in from an Oklahoma school district – student chooses to attend previous district of residence

      • C. Move-in from an out-of-state school district

      • D. Transfer Matrix

  • Appendix A (Q & A Docments)

    • Question and Answer Documents from IDEA.gov

  • Appendix B (Caseload & Class size requirements)

  • Appendix C (OSDE Forms)

    • List of OSDE Forms

  • Appendix D (Related Services Personnel Qualifications)

  • Appendix E (certification)

    • A. Special Education Certification

    • B. Career Development Program for Paraprofessionals

    • C. Special Education “Boot Camp” Certification Process and Procedures

Nội dung

SPECIAL E DUCATION HANDBOOK Oklahoma State Department of Special Education Services 405-521-3351 • http://ok.gov/sde/special-education Page |1 TABLE OF CONTENTS TABLE OF CONTENTS HOW-TO GUIDE ON USING THIS MANUAL NAVIGATION A B Option Option INTERACTIVE LEGAL CITATIONS 11 A B Accessing Federal Regulations 12 Accessing Oklahoma Statute & Regulations (Oklahoma Administrative Code) 13 ACRONYMS AND ABBREVIATIONS 14 GLOSSARY 17 CHAPTER 1: FREE APPROPRIATE PUBLIC EDUCATION (FAPE) 40 SECTION DEFINITION OF A FREE APPROPRIATE PUBLIC EDUCATION (FAPE) 41 SECTION PROVISION OF A FAPE 41 A B C D LEA Obligation 41 LEA Provision of a FAPE 42 Limit to LEA Obligation 42 When LEA Obligation to Provide a FAPE Ends .42 SECTION FAPE CONSIDERATIONS 43 A B C D E F G H Incarcerated Students .43 Funding Sources and Insurance 43 Accessible Instructional Materials and Assistive Technology 44 Physical Education 45 Residential Placement .45 Extended School Year 45 Charter Schools and Virtual Charter Schools .45 Medication 46 SECTION CASE LAW INTERPRETATIONS OF A FAPE 46 CHAPTER 2: CHILD FIND 49 SECTION LEA RESPONSIBILITY 50 SECTION LOCATING STUDENTS 50 A B Coordination .50 Public Awareness 50 SECTION IDENTIFYING STUDENTS 51 A B Screening 51 Coordinated Early Intervening Services (CEIS) 51 SECTION SPECIAL EDUCATION REFERRAL 52 SECTION EARLY CHILDHOOD CONSIDERATIONS 52 Page |2 A B C Transition Planning Conference (TPC) 53 Late Referrals to SoonerStart .54 Late Referrals to LEA .54 CHAPTER 3: INITIAL EVALUATION & ELIGIBILITY 57 SECTION REQUEST FOR INITIAL EVALUATION 59 SECTION PARENT RIGHTS 59 SECTION REVIEW OF EXISTING DATA (RED) 60 A B No Additional Data Needed 60 Additional Data Needed 60 SECTION WRITTEN NOTICE/PARENTAL CONSENT 60 A B C Written Notice 60 Request for Parental Consent .60 Failure to Respond or Provide Consent 61 SECTION EVALUATION 61 A B C D E F Evaluation Group .61 Parent Participation 62 Timeline 62 Evaluation Procedures 62 Definitions of Evaluation and Assessment .64 Evaluation Comprehensiveness 65 SECTION EVALUATION CONSIDERATIONS FOR ELIGIBILITY 65 A B C D E F G H I J K L M N O P Q Observation 66 Academic/achievement/developmental 66 Social/cultural factors .66 Disability Category Information 67 Autism 68 Deaf-Blindness (DB) .68 Deafness - Hearing Impairment (HI) .70 Developmental Delay (DD) 70 Emotional Disturbance (ED) 71 Intellectual Disabilities (ID) 73 Multiple Disabilities (MD) .73 Orthopedic Impairment (OI) 74 Other Health Impairment (OHI) 75 Specific Learning Disability (SLD) 75 Speech or Language Impairment (SLI) 79 Traumatic Brain Injury (TBI) .81 Visual Impairment including Blindness (VI) 83 SECTION ELIGIBILITY 83 A B C Multi-Disciplinary Evaluation and Eligibility Group Summary (MEEGS) 84 Consideration of Data 85 Eligibility Determination 86 Page |3 CHAPTER 4: INDIVIDUALIZED EDUCATION PROGRAMS (IEP) 90 SECTION SPECIAL EDUCATION AND IEPS 92 A B C D E F G Purpose of Meeting 92 Team Decision Making 93 IEP Team Members and Roles .94 Parent Participation 96 Method of Parent Participation 97 Excusal from the Meeting 99 Recording Guidelines .99 SECTION IEP TIMELINES 100 SECTION IEP DEVELOPMENT 100 A B C D E F G H I J K L M Present Levels of Academic Achievement and Functional Performance 100 Consideration of Special Factors 101 Parent Concerns 101 Goals and Benchmarks/Objectives 101 Progress Toward Goals 101 Service and Support Components 101 State Wide and District Wide Achievement Testing 103 Extended School Year Services (ESY) 103 LRE Explanation 105 Consent for Initial Placement in Special Education 105 Assistive Technology Devices and/or Services 105 Transportation 106 Secondary Transition 107 SECTION IEP REVIEWS 108 A B C Annual IEP 108 Following the Annual Meeting 108 IEP Amendments 108 SECTION IEPS FOR TRANSFER STUDENTS 109 A B Transfer within an Oklahoma School District 109 Transfer from Out-of-State 109 SECTION IEPS FOR CHILDREN FROM IDEA PART C TO PART B 110 A IDEA Part C to Part B Transition Planning 110 CHAPTER 5: LEAST RESTRICTIVE ENVIRONMENT (LRE) 114 SECTION LRE CONSIDERATIONS 115 A B When to Make and Review Placement Decisions 115 Considerations in Placement Decisions 115 SECTION LRE & CONTINUUM OF SETTINGS AND SERVICES 116 A B C D Explanation of the Continuum of Settings and Services 116 Continuum of Alternative Placements and LRE Decision Tree 117 Nonacademic and Extracurricular Activities 119 Program Options 119 Page |4 E F Special Circumstances 119 Continuum of Alternative Placements for Preschool Age Children (3-5) 120 SECTION FEDERAL REPORTING OF LRE 123 CHAPTER 6: DISCONTINUATION OF SERVICES, 126 GRADUATION, AND GRADING 126 SECTION DISCONTINUATION OF SPECIAL EDUCATION SERVICES 127 A B C Students Who Are No Longer Entitled to Special Education Services 127 Change in LEA Obligation to Provide Services 128 Parent Revokes Consent for Special Education Services 128 SECTION GRADUATION 128 A B IEP requirements regarding graduation 129 Graduation Ceremonies 129 SECTION TRANSCRIPTS AND DIPLOMAS 129 A B Transcript 129 Diploma 129 SECTION GRADES, CLASS RANKING, AND HONOR ROLL 129 CHAPTER 7: REEVALUATION 132 SECTION REEVALUATION AND CONTINUING ELIGIBILITY 133 A B Purpose of the Reevaluation 133 Need for Reevaluation 133 SECTION PARENT RIGHTS 134 SECTION REVIEW OF EXISTING DATA (RED) 134 A B No Additional Data Needed 134 Additional Data Needed 135 SECTION WRITTEN NOTICE/PARENTAL CONSENT 135 A B C Request for Consent 135 Written Notice 135 Failure to Respond or to Provide Consent 135 SECTION REEVALUATION 136 A B C D Members of the Reevaluation Group 136 Parent Participation 136 Conducting the Reevaluation 136 Definitions of Evaluation and Assessment 136 SECTION DETERMINING CONTINUED ELIGIBILITY 137 SECTION REEVALUATIONS FOR A CHILD IDENTIFIED AS DEVELOPMENTALLY DELAYED 137 CHAPTER 8: CHARTER SCHOOLS 139 SECTION DEFINITION AND PARENT/STUDENT RIGHTS 140 A B Definition of Charter or Virtual Charter Schools 140 Rights of Charter or Virtual Charter School Students and Their Parents 140 SECTION RESPONSIBILITY FOR SERVICES 140 Page |5 A B Charter and Virtual Charter Schools Sponsored by LEAs 140 Charter and Virtual Charter Schools Sponsored by One of the Entities Listed in Section 1.A.2 141 SECTION ESSENTIAL COMPONENTS OF A CHARTER AND VIRTUAL CHARTER SCHOOL SPECIAL EDUCATION PROGRAM 141 SECTION FUNDING 142 A B C D E F State Funds 142 Federal Funds 142 Establishment and Funding for a New Charter School 143 Sample Template/Free and Reduced Lunch 145 Sample Template/Child Count 146 Expending Funds 147 CHAPTER 9: PRIVATE SCHOOL STUDENTS 151 SECTION PRIVATE SCHOOL STUDENTS 153 A B Definitions of Private Schools: 153 Definition of Offering a FAPE: 153 SECTION DEFINITIONS OF PRIVATE SCHOOL PLACEMENTS 153 A B C Definition of Voluntary Enrollment by a Parent 154 Definition of LEA Placement 154 Definition of an Unilateral Placement 154 SECTION LEA RESPONSIBILITIES FOR PARENTALLY PLACED PRIVATE SCHOOL STUDENTS 154 A B C D E F G H I LEA Consultation with Private School Representatives 154 Compliance with Consultation Process 155 Child Find Requirements 156 Annual Count of Eligible Students 156 Provision of Services 156 Dispute Resolution 158 Private Schools and IDEA Part B Funding 158 Carryover of Unspent Funds 159 Maintenance of Effort for the Proportionate Share 159 SECTION LINDSEY NICOLE HENRY (LNH) SCHOLARSHIP 160 A B C LNH Scholarship Calculation Criteria 160 Application Procedure 161 LNH Scholarship & Child Count 161 CHAPTER 10: IMPROVING RESULTS 164 SECTION SPECIAL EDUCATION DATA AND REPORTING 165 A B C D E F Data Collection 165 Data Reporting 165 District Data Profiles 166 Levels of Determination 167 Summary of Significant Disproportionality 168 Other Uses of Special Education Data 171 Page |6 SECTION EARLY CHILDHOOD OUTCOMES (ECO) 171 A B ECO Ratings 171 Child Outcomes Summary Form (COSF) 171 SECTION IMPROVING RESULTS 172 A B C Critical Questions Framework 173 Oklahoma’s Tiered System of Monitoring 174 Tiered Activities 175 CHAPTER 11: PROCEDURAL SAFEGUARDS 179 SECTION PROCEDURAL SAFEGUARDS NOTICE 181 A When the Procedural Safeguards Notice Is Provided 181 SECTION DOMESTIC CONSIDERATIONS 181 A B C D E Definition of a Parent 181 Definition of a Surrogate Parent 181 Adult Students and the Transfer of Rights 183 Married Minors 183 Ward of the State 183 SECTION INFORMED CONSENT 183 A B C D E F Definition 183 Actions Requiring Consent 183 When Consent Is Not Required 184 Refusal to Give Consent 184 Failure to Respond to a Request for Consent Regarding Reevaluation Assessment 185 Revoking Consent 185 SECTION WRITTEN NOTICE 185 A B C D Definition 185 Criteria for Written Notice 185 Written Notice Is Required 186 Content of Written Notice 187 SECTION CONFIDENTIALITY AND ACCESS TO RECORDS 187 A B C D E Confidentiality 187 Access to Records 187 Disclosures Not Requiring Consent 188 Destruction of Records 189 Request for Amendment of Records 189 SECTION GUIDELINES FOR MINIMIZING THE USE OF SECLUSION 190 SECTION GUIDELINES FOR MINIMIZING THE USE OF PHYSICAL RESTRAINT 191 SECTION INDEPENDENT EDUCATIONAL EVALUATIONS (IEE) 193 A B C D E Definition 193 Right to an IEE 193 Procedures for Requesting an IEE 194 Criteria for Reasonable Costs 194 LEA Responsibilities Following IEE Requests 194 Page |7 F Consideration of the IEE Results 195 CHAPTER 12: DISCIPLINE 198 SECTION GENERAL DISCIPLINE GUIDELINES 200 A B Disciplinary Actions Resulting in Removal for 10 or Fewer School Days 202 Disciplinary Actions Resulting in Removal for More than 10 School Days 202 SECTION ACTIONS INVOLVING A DISCIPLINARY REMOVAL THAT RESULTS IN A CHANGE OF PLACEMENT 203 A B C LEA Actions Resulting in a Change of Placement 203 Hearing Officer Actions Resulting in a Change of Placement 204 Court Actions Resulting in a Change of Placement 204 SECTION FAPE CONSIDERATIONS 205 A B LEA Actions When There is a Change of Placement 205 FAPE Requirements in an IAES 205 SECTION PROCEDURES FOR A MANIFESTATION DETERMINATION 205 SECTION OTHER CONSIDERATIONS 206 A B C D E F Request for an Expedited Hearing 206 Protections for Students Not Yet Eligible for Special Education 207 Parent Request for Evaluation of a Disciplined Student 208 Referrals to and Action by Law Enforcement and Judicial Authorities 208 Transfer of Discipline Records 209 Parents Revoking Consent 209 CHAPTER 13: DISPUTE RESOLUTION 212 SECTION DISPUTE RESOLUTION 214 SECTION IEP FACILITATION 215 A Definition of Facilitation 215 SECTION MEDIATION 215 A B C Definition 215 The Special Education Mediation Process 215 Special Education Resolution Center (SERC) 215 SECTION FORMAL COMPLAINTS 216 A B Filing Complaints 216 OSDE Complaint Procedures 216 SECTION DUE PROCESS HEARINGS REQUESTS 217 A B C D E Definition 217 Due Process Hearing Request from Parent and/or Adult Student 218 Due Process Hearing Request by an LEA 218 Contents of a Request for a Due Process Hearing 218 Actions for Due Process Hearings 219 SECTION EXPEDITED DUE PROCESS HEARINGS 224 A B Definition 224 Expedited Hearing Requests 225 Page |8 C D The Expedited Hearing Process and Decisions 225 Placement During an Expedited Hearing 225 SECTION APPEALS AND CIVIL ACTION 226 SECTION ATTORNEY FEES 226 A B C D E Prohibition of Attorney Fees 227 Exception to the Prohibition of Attorney Fees 227 Reduction in the Amount of Attorney Fees 227 Exception to the Reduction of Attorney Fees 228 Special Provisions Regarding Attorney Fees 228 CHAPTER 14: TRANSFERS, IEP SERVICE AGREEMENTS AND MOVE-IN STUDENTS 231 SECTION INTRODUCTION TO TRANSFERS 232 A B C Open Transfers 232 Emergency Transfers 232 IEP Service Agreements 233 SECTION MOVE-IN STUDENTS 233 A B C D Move-in from an Oklahoma school district – student chooses to attend new district of residence 233 Move-in from an Oklahoma school district – student chooses to attend previous district of residence 233 Move-in from an out-of-state school district 233 Transfer Matrix 235 APPENDIX A (Q & A DOCMENTS) 238 QUESTION AND ANSWER DOCUMENTS FROM IDEA.GOV 238 APPENDIX B (CASELOAD & CLASS SIZE REQUIREMENTS) 239 APPENDIX C (OSDE FORMS) 241 LIST OF OSDE FORMS 241 APPENDIX D (RELATED SERVICES PERSONNEL QUALIFICATIONS) 242 APPENDIX E (CERTIFICATION) 246 A B C Special Education Certification 246 Career Development Program for Paraprofessionals 246 Special Education “Boot Camp” Certification Process and Procedures 247 Page |9 HOW-TO GUIDE ON USING THIS MANUAL Navigation A Option The Table of Contents (TOC) allows for easy navigation throughout the Manual The TOC is broken down into Chapter Headings, Legal Citation Headings, Section Headings, and Section Subheadings In order to navigate to a specific section of the manual, single click on the TOC listing and it will advance to the appropriate section B Option In order to access the bookmarking features of Adobe Reader or Adobe Acrobat, click on the side bar icon circled in red to display the Manual book markings These book markings are based upon TOC Headings 7/3/2013 P a g e | 233 If the receiving school district approves the transfer and the student enrolls, the receiving school district must provide the student services comparable to those described in the resident district’s current IEP until the receiving school district adopts that IEP or develops, adopts, and implements a new IEP for the student C IEP Service Agreements If the resident school district of a student with an IEP determines that it cannot provide the student with a FAPE, the resident school district may enter into a written agreement with another school district whereby the resident district agrees that the receiving district will provide a FAPE to an eligible student with a disability on behalf of the resident district IEP Service Agreements entered into for consecutive years to the same school district automatically renews for each subsequent year, and the resident district must continue to pay tuition Automatic renewal occurs only in cases where districts have entered into IEP Service Agreements Section Move-In Students A Move-in from an Oklahoma school district – student chooses to attend new district of residence When a student with a disability moves from one Oklahoma school district to another and chooses to attend the new district of residence, the new district of residence must provide the student with a FAPE This includes services comparable to those described in the previously held IEP, in consultation with the parent, until such time as the district adopts the previously held IEP or develops, adopts and implements a new IEP The new district of residence must promptly request records from the previous district of residence Once the previous district of residence has received a request for a student’s records from another Oklahoma school district, the previous district will forward copies or the original documents within business days of receipt of the request If originals are sent, the previous district will maintain a copy for audit purposes B Move-in from an Oklahoma school district – student chooses to attend previous district of residence Students who begin the school year as residents of one school district may move to another district before the school term ends Those students are entitled to continue to attend school in the previous school district through the end of the school term If a student with a disability makes that choice, the previous school district of residence remains the student’s resident district until the school term ends C Move-in from an out-of-state school district When a student with a disability moves in from out of state to an Oklahoma school district with a current IEP from another state, the district must provide the student with a FAPE This includes services comparable to those described in the previously held IEP, in consultation with the parent, until such time as the district conducts an initial evaluation, and develops, adopts, and implements a new IEP, if determined eligible 7/3/2013 P a g e | 234 If an Oklahoma school district has formally received a request for records from an out-of-state school, the district will forward copies or the original documents within business days of receipt of the request If originals are sent, the district must maintain a copy for audit purposes For more information regarding out-of-state move-in students and evaluations, please see Chapter 3: Initial Evaluation & Eligibility 7/3/2013 P a g e | 235 D Transfer Matrix Students Identified under IDEA and Attending Oklahoma Public Schools Student Enrollment Type Resident Open Transfer Emergency Transfer IEP Service Agreement Students who move out of original district during the SY but choose to finish the SY in the original district *McKinney-Vento Shared Cost Note 7/3/2013 Legal/Financial Responsibility for FAPE Responsibility for Developing IEP Responsibility for Claims on Child Claims on ADM Is Tuition Paid Transportation Count between Districts? Resident District Resident District Resident District Resident District Receiving District Receiving District Receiving District Receiving District Receiving District No Receiving District Receiving District Receiving District Receiving District Receiving District No Resident District Resident District Resident District Resident District Resident District Yes Original District Original District Original District* Original District Original District No Resident District No P a g e | 236 This Page Intentionally Left Blank 7/3/2013 P a g e | 237 This Page Intentionally Left Blank 7/3/2013 P a g e | 238 APPENDIX A (Q & A DOCMENTS) Question and Answer Documents from IDEA.gov IEP - June 2010 Discipline Procedures Disproportionality Private School (Released 4.11) Secondary Transition Transportation Highly Qualified Teachers Serving Children with Disabilities Individualized Education Programs (IEP's), Evaluations and Reevaluations Monitoring, Technical Assistance and Enforcement 10 Special Education and Homelessness 11 Questions and Answers On the National Instructional Materials Accessibility Standards (NIMAS) 12 Procedural Safeguards and Due Process Procedures For Parents and Children With Disabilities 13 Response to Intervention (RTI) and Early Intervening Services (EIS) 14 Serving Children With Disabilities Placed by Their Parents at Private Schools (April 2011) 15 Non-Regulatory Guidance on the IDEA Part B Supplemental Regulations Published December 1, 2008 16 IDEA Discipline Flow Chart Example 7/3/2013 P a g e | 239 APPENDIX B (CASELOAD & CLASS SIZE REQUIREMENTS) Full Day Self-Contained Maximum of ten students per classroom Direct Support/Resource Grades K-4: Maximum of ten students per classroom Grades 5-12: Maximum of fifteen students per classroom These classrooms are designed predominantly for the support of students with significant, moderate, or multiple disabilities Multiple courses are taught to the same students for the majority of the day For example, students who are served inside the general education classroom for less than 40% of the day These classrooms are designed to provide a higher level of support than what is provided in the regular classroom Students receive direct support services for specific subjects They are also available for students seeking extra help to complement regular classroom instruction Caseload: The following chart details maximum full-time equivalent (FTE) caseload based on each student’s placement PLACEMENT Regular Class Full-time (inside the regular class more than 80% of the day)-consultation and monitoring only Regular Class Full-time (inside the regular class more than 80% of the day)-collaboration or co-teaching Special Class Part-time (inside the regular class 40% to 80% of the day) Special Class Full-time (inside the regular class less than 40% of the day) 7/3/2013 CASELOAD PERCENTAGE (FTE) 025 TOTAL 40 04 25 05 20 067 15 P a g e | 240 PLACEMENT Special Class Full-time (inside the regular class less than 10% of the day) Outside of Public School Setting (home instruction, hospitals, institutions public/private residential facilities, public/private separate day school facilities, correctional facilities, parentally placed in private schools) CASELOAD PERCENTAGE (FTE) TOTAL 10 025 40 Half-day preschool continuum 05 20 (10 students per day) Speech/Language 60 minutes or less per week More than 60 minutes per week 020 0250 50 40 Exceptions to Caseload/Class Size For permission to adjust caseload/class size for programs serving students with disabilities that exceed the limits set, the LEA must obtain a letter of approval from the OSDE-SES The LEA must document that exceptions to caseload/class size not interfere with provision of a FAPE The LEA must ensure that IEPs are implemented as developed to meet the educational needs of the students served, with special consideration for any potential harmful effects to the student or the quality of the program To request an exception to caseload/class size, the LEA must submit the Caseload/Class Size Request for Exception form 7/3/2013 P a g e | 241 APPENDIX C (OSDE FORMS) List of OSDE Forms Form 1: Record of Access Form 2: Record of Parent Contact Form 3: Review of Existing Data (RED) RED/MEEGS Evaluation Data Form 4: Parent Consent Form 5: Multidisciplinary Evaluation and Eligibility Group Summary (MEEGS) Form 5RC: Reevaluation/Continuation of Eligibility Form 6: Notification of Meeting Form 7: Individualized Education Program (IEP) Form 8: Written Notice to Parents Form 9: Medical Report Form 10: Surrogate Parent Form 11: Summary of Performance Form 12: Criteria Checklist for Assessing Students with Disabilities on Alternate Assessments Form 13: ACE Alternate Determination for Students Assessed through the OAAP Form 14: Seclusion and Physical Restraint Documentation Form 15: Comment Form Form 16: Child Outcomes Summary Form Form 17: Modified Proficiency Score Worksheet Parents Rights in Special Education: Notice of Procedural Safeguards Early Childhood Outcomes Summary Form (COSF) Caseload/Class-Size Letter to Law Enforcement re Special Student Records Letter to Agency Seeking Juvenile Info 7/3/2013 P a g e | 242 APPENDIX D (RELATED SERVICES PERSONNEL QUALIFICATIONS) Profession/ Discipline Advanced Registered Nurse Practitioner *333 Services Provided State Licensure or Credential Requirements for Licensure or Credential Teaching Certification or Credential Medical and Other Health services Yes Must hold a Master's degree in nursing, and State licensure as an ARNP12 No N/A Audiology services Yes No N/A Educational interpreting services No OBESPA11 State licensure in audiology Before December 31, 2006 Must hold a Master's degree, or the equivalent, with a major emphasis in audiology After December 31, 2006 - New applicants must hold an AuD or PhD with an emphasis in audiology N/A Yes Counseling services Yes Master's degree; state licensure as LPC2, LMFT5, or LBP8 No Complete one of the following: an interpreter training program, obtain a Bachelor's degree, or work a minimum or years in an area related to the deaf education; and maintain certification at a minimum level of QAST10 III, EIPA1 3.5, ESSE3 3.5, RID6, NIC9, or NAD4 N/A Audiologist *309 Educational Interpreter *328 Licensed Counselor *203 7/3/2013 Requirements for OSDE Certification P a g e | 243 Services Provided Occupational Therapist *334 Orientation and Mobility Specialist Physical Therapist *338 Physician *339 Occupational therapy services Yes Bachelor's degree; state licensure No N/A Orientation and Mobility services No Bachelor's or Master's degree; ACVREP7 certification No N/A Physical therapy services Yes Doctoral degree; state licensure No N/A Medical services Yes MD13 or DO13; state licensure No N/A Psychological and counseling services while working in state agencies Rehabilitation Counseling services No Master’s degree; OPM15 requirements No N/A No Master’s degree; OPM15 requirements No N/A Counseling services No Master’s degree Yes Master’s Degree; state certification test School health services Yes Associate’s or Bachelor’s degree; state licensure as a registered nurse Yes; Cannot add other areas to certification Medical and Other Health services Yes Approved LPN program; state licensure No Associate’s (bachelor’s degree within 10 years) or Bachelor’s degree; state licensure as RN N/A Psychological and counseling services No Master’s degree; state licensure Yes Pyscho-educational services in schools No Master’s degree Yes Psychological Clinician *343 Rehabilitation Counselor School Counselor *203 School Nurse *347 Licensed Practical Nurse *347 School Psychologist *343 School Psychometrist *343 7/3/2013 State Licensure or Credential Requirements for Licensure or Credential Teaching Certification or Credential Profession/ Discipline Requirements for OSDE Certification Master’s degree; special course of study; state certification test; or NSPCS16 certification Master’s degree; state certification test P a g e | 244 Profession/ Discipline Social Worker *352 Speech Language Pathology Assistant *216 Speech Language Therapist Assistant *215 Speech Language Therapist *351 Speech Language Pathologist *353 Physical Therapy Assistant *417 Occupational Therapy Assistant *416 7/3/2013 Services Provided State Licensure or Credential Requirements for Licensure or Credential Teaching Certification or Credential Requirements for OSDE Certification School social work services Yes Master’s degree; state licensure; OPM15 requirements No N/A Speech and language therapy services under the general direction of a licensed Speech Language Pathologist Speech and language therapy services under the general direction of a licensed Speech Language Therapist Speech and language therapy services No OBESBA11 state licensure No; Paraprofessional Certification Associate’s degree in SLPA program; OBESPA licensure Yes OBESBA11 state licensure Yes Bachelor’s degree Yes OBESBA11 state licensure Yes Bachelor’s degree Speech, language, and swallowing services Yes Master’s degree in SLP17 or Communication Sciences and Disorders; and ASHA14 certification; and OBESPA11 state licensure in Speech Language Pathology Yes Master’s degree in SLP17 or Communication Sciences and Disorders; ASHA14 certification Physical therapy services under the general direction of a licensed Physical Therapist Occupational therapy services under the general direction and supervision of a licensed Occupational Therapist Yes Associate’s degree; state licensure No N/A Yes Associate's degree; state licensure No N/A P a g e | 245 1234567- Profession/ Discipline Services Provided Special Education Paraprofessional *413 or 414 Special education and related services under the general direction and supervision of a certified or licensed professional staff Educational Interpreter Performance Assessment Licensed Practicing Counselor Educational Sign Skills Evaluation National Association of the Deaf Licensed Marriage and Family Therapist Registry of Interpreters for the Deaf Academy for Certification of Vision Rehabilitation and Education Professionals 891011- State Licensure or Credential No Licensed Behavioral Therapist National Interpreter Certification Quality Assurance Screening Test Oklahoma Board of Examiners for Speech Language Pathology and Audiology 12- Advanced Registered Nurse Practitioner 13- Medical Doctor or Doctor of Osteopathy 14- American Speech Language Hearing Association Requirements for Licensure or Credential N/A Teaching Certification or Credential No 15- Office of Personnel Management 16- National School Psychology Certification System 17- Speech Language Pathology 18- General Educational Development 19- Oklahoma Department of Career and Technology Education 20- Cardiopulmonary resuscitation 21- Enriching Children's Communication Opportunities Requirements for OSDE Certification High School diploma or GED18; completion of approved training, CPR20 and First Aid certification The IEP team may identify the need for other related services not listed in this chart for the child to benefit from special education Such services must be provided by qualified personnel who hold OSDE approved or recognized licensure, certification, or other comparable requirements for the scope of practice and training in the identified area(s) of related services Utilization of additional related services personnel must not be in conflict with the standards outlined in Oklahoma State law and the Oklahoma Special Education Policies *See the Oklahoma Cost Accounting System Job Classification Dimension Definitions for more information regarding services provided and other requirements Please note that some codes are “best fit” 7/3/2013 P a g e | 246 APPENDIX E (CERTIFICATION) A Special Education Certification For information related to special education certification, please see this document: http://ok.gov/sde/sites/ok.gov.sde/files/documents/files/SpecEd.pdf B Career Development Program for Paraprofessionals You must meet the following requirements before applying for certification through the Paraprofessional Program:  Hold a bachelor’s degree from an accredited college/university in any area  Have at least one year of experience as a teaching assistant in a public school in the area for which a teaching license is being pursued  Pass the Oklahoma General Education Test (OGET), Oklahoma Professional Teaching Exam (OPTE), and pass at least one subject area test in Early Childhood Education, Elementary Education, OR Special Education  Two certificate areas are required to be the Special Education teacher of record Supporting Documents FAQs 7/3/2013 Certification Procedures P a g e | 247 C Special Education “Boot Camp” Certification Process and Procedures The non-traditional route to special education teacher certification provides a method for individuals to obtain a special education certification Candidates must complete a 150- hour program that includes 120 hours of special education training known as “Boot Camp” and 30 hours of field experience Upon completion the State Board of Education will issue a one-year provisional certificate to teach in the area of mild/moderate or severe/profound disabilities grades PreK-12 Candidates who meet University minimum entrance requirements may attend a Boot Camp program through the Oklahoma State Department of Education, Special Education Services at no cost Requirements include:  Have earned any four-year degree from an Institution of Higher Education holding Regional Accreditation;  Have a Grade Point Average of 2.75 or higher from a previous degree program;  Have a recommendation from a representative at a school district or Institution of Higher Education;  Pass a National Background Check;  Commit to complete a Master’s Degree or Certification in Special Education; and  Candidates who are interested in obtaining a non-traditional special education certification may submit an application to the State Department of Education through http://www.ok.gov/sde/non-traditional-route-special-education-teacher-certification Supporting Documents Information Informat letter Letter 7/3/2013 Candidate Application FAQ ... Impairment Federal Office of Management and Budget Oklahoma State Department of Education Office of Special Education Programs Office of Special Education and Rehabilitation Services Occupational... Alternative Educational Setting Individuals with Disabilities Education Act 2004 Individuals with Disabilities Education Law Report Independent Educational Evaluation Individualized Education Program... play, and leisure Office of Special Education Programs (OSEP) The branch of the Office of Special Education and Rehabilitative Services (OSERS) within the U.S Department of Education which is responsible

Ngày đăng: 23/10/2022, 19:50

TÀI LIỆU CÙNG NGƯỜI DÙNG

TÀI LIỆU LIÊN QUAN

w