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Welcome to KY-SPIN, Inc.

 

Topic of the Month

                                              

From First Steps:
Preschool Special Education Regulation Change Impacts Transition

At this month’s Technical Assistance Team meeting, Paula Goff from the Kentucky Department of Education (KDE) shared information regarding recent changes to the special education regulations in Kentucky.  Probably the most significant change and certainly of most interest to First Steps is the change to the Child Find regulations (707 KAR 1:300). 

 Ms. Goff prefaced our discussion of the changes by reminding us that the Individuals with Disabilities Education Act was reauthorized in 2004.  The Part B regulations implementing the changes made to the IDEA in 2004 were finalized in 2006 and Kentucky’s regulatory changes in response were finalized in 2007.

 The changes to Kentucky’s Child Find regulations have been made in response to pressure from the Department of Education, Office of Special Education Programs (OSEP) to appropriately and responsibly identify children who may need special education and related services.  This pressure has been placed on all states following years of over identification and disproportionate representation in special education.  Kentucky has high numbers of children  identified as developmental delay, other health impaired and emotional/behavior disorders.

 707 KAR 1:300 Section 3: Referral System reads: 

 (1)  An LEA (Local Education Agency) shall have a referral system that explains how referrals from district or non-district sources will be accepted and acted upon in a timely manner. 

(2)  The referral system shall be conducted in such a manner as to prevent inappropriate over identification or disproportionate representation by race and ethnicity of children in special education by ensuring that each child has been provided appropriate instruction and intervention services prior to referral.

  (3)  The LEA shall ensure that:

(a)  Prior to, or as a part of the referral process, the child is provided appropriate, relevant research-based instruction and intervention services in regular education settings With the instruction provided by   qualified personnel; and  

(b)  Data-based documentation of repeated assessments of achievement or measures of behavior is collected and evaluated at reasonable intervals, reflecting systematic assessment of student progress during instruction, the results of which were provided to the child’s parents. 

 (4)  If the child has not made adequate progress after an appropriate period of time during which the conditions in subsection (3) of this section have been implemented, a referral for an evaluation to determine if the child needs special education and related services shall be considered.

 So, what does this mean for children and families leaving First Steps?  Ms. Goff shared the following information:

 As part of the transition conference, the school district must determine (1) what was provided by First Steps, (2) where was it provided, (3) who provided it, (4) what documentation of progress is available and (5) is that documentation sufficient. 

 School districts have been given broad flexibility in how they make these determinations.  This is good for school districts, but places a burden on First Steps service coordinators and providers to manage referral processes that may look different from school district to school district.  Ms. Goff shared how school districts may handle referrals from First Steps:

  Issue:    Regular Education Setting   

Possible Action:  With the understanding that the natural or normal setting (regular “education” setting) for a child under the age of three is the home or other community or child care setting, the school district may determine that this requirement is met.

  Issue:  Qualified Staff

Possible Action:  Given that First Steps providers meet state approved or recognized certification, licensing, registration or other comparable requirements that apply to the area in which they are providing First Steps services, the school district may determine that this requirement is met.

Issue:  Research-Based Instruction 

Possible Action:  This is a requirement that may be interpreted more variably across school districts.  Ms. Goff shared that some school districts may review the IFSP and based on their review of the service plan, determine that appropriate and relevant research-based instruction has indeed been provided.  However, for children receiving primarily occupational and physical therapy and not developmental intervention, school districts may question whether or not that was really “instruction”.  This is because school districts consider OT and PT “related services” rather than “instruction”. 

 Issue:  Documentation of Repeated Assessments of Achievement

Possible Action:  Again, this is a requirement that may be interpreted more variably across school districts.  Ms. Goff shared that some school districts may review the IFSP and based on their review of the service plan, determine that the documentation of progress is sufficient to either determine that (1) a referral to special education is not necessary, (2) a referral is necessary and refer the child for evaluation, or (3) the school district needs to provide some level of instruction and document progress over time before a decision can be made to refer to special education.   

   While the IFSP may provide sufficient documentation in some cases, it is more likely that school districts will be looking for more documentation than they have in the past.  This may mean that school districts will want to review 6 month progress summaries or even individual daily notes. 

 An important thing to remember is that these new regulations do not absolve the school district of its obligation to assure that an IEP is in place on the child’s third birthday if the child had been participating in First Steps and appropriate transition steps have occurred.  We should not rely on this requirement to protect our families, however.  Given that we are now aware of the burden that has been placed on Part B, it is in the best interest of our families to be proactive.  At the very least, First Steps POE Managers and all service coordinators should coordinate or participate in scheduled dialogues with local school districts to discuss how the school district is planning to address the new regulatory Child Find requirements and, consistent with current policy, begin transition planning early.  Additionally, First Steps providers should be mindful of existing First Steps requirements related to the documentation of progress and assure that child progress is documented appropriately in case/progress notes as well as formal progress summaries.

 Finally, service coordinators should be aware that there may be some children who will not be eligible under the new process.  If the school district determines that adequate progress has been made – either in First Steps or during the time that the school district provides intervention – the school district may decide not to proceed with a referral to special  education. 

 Ms. Goff stated that children who are currently transitioning will not likely be subjected to the new process. However, school districts are required to have policies and procedures in place by September 1, 2008, so First Steps service coordinators and providers should expect to see this process rolling out over the summer and into next Fall.  KDE is working on a Q and A for school districts and when that is complete we will share that with First Steps stakeholders as well.

  By: First Steps, featured in the May 23, 2008 newsletter  


Previous Topics of the Month:

4&5/08 April is Child Abuse Prevention Month: Promoting

          Healthy Families in Your Community:

          2008 Resource Packet (US Department of Health

          & Family Services

3/08  Year 2007 Tax Benefits for Parents of Children with LD 
          (and other disabilities)

2/08   Transition Planning Worksheet - transition to adulthood (CCSHCN)

1/08   Michelle P. Case Update (KY P & A)

10/07 Bullying (PACER)

9/07 Promising Programs for Dropout Prevention
       
(Kentucky Transition E-NEWS)

8/07 “No Pass/No Drive" implemented (ParentInfo... from the KDE)

3 & 4/07 Year 2006 Tax Benefits for
         Parents of Children with Learning Disabilities
         (and other Disabilities)

2/07 Response-to-Intervention - The Promise and the Peril

         By The Council for Exceptional Children (CEC)

1/07  Kentucky Department of Education and Parent Resource Centers:
          Hosting 21st Annual Parent/Professional Conference

11/06 November is American Diabetes Month "Health Officials Urge
          People Living with Diabetes to Get Eye Exams - Statewide News 
          Release  From: CHFS Division of Communications"

10/06 Individual Graduation/Learning Plan
          By: Kentucky Department of Education (KDE)
9/06  Announcement of New IDEA (Individuals with
          Disabilities Education Improvement Act)

          2004 Web site By OSERS

8/06 Immunization Requirements for School,
         Daycare & Head Start

7/06 DYSLEXIA SYMPTOMS - RECOGNIZING
         DYSLEXIA By Dyslexia Teacher

6/06 Summer Camps for Kids with Learning
         & Attention Problems (and other disabilities)
         by:
SchwabLearning.org
5/06  An Overview of Positive Behavior

         Support By: Arizona Positive

         Behavior Support

4/06  Roadmap to IDEA 2004: IEPs,
          Highly Qualified Teachers & Research
          Based Instruction By Wrightslaw

3/06  Year 2005 Tax Benefits for Parents of
         Children with Learning Disabilities

         (or other disabilities)
Schwab Foundation 

2/06 IDEA–Reauthorized Statute:CHILDREN
        ENROLLED BY THEIR PARENTS IN PRIVATE
        SCHOOLS

1/06 IDEA–Reauthorized Statute: CHANGES IN
        INITIAL EVALUATION AND REEVALUATION

12/05 IDEA–Reauthorized Statute: INDIVIDUALIZED
        EDUCATION  PROGRAM  (IEP) TEAM
        MEETINGS AND CHANGES TO THE IEP

10 & 11/05 IDEA 2004 Summary  by PACER

9/05 IDEA–Reauthorized Statute-ALIGNMENT

        WITH THE No Child Left Behind

        Act Fact Sheet

8/05 IDEA–Reauthorized Statute

         DISCIPLINE Fact Sheet

6 & 7/05 IDEA–Reauthorized Statute*

          INDIVIDUALIZED EDUCATION PROGRAM (IEP)

          Fact Sheet

5/05  About Discipline - Helping Children Develop

         Self-Control (NYU Child Study Center:

          www.AboutOurKids.org)

3 & 4/05  THE LAW - IDEA Reauthorization and PBS
         
(BEACH CENTER)

2/05  Steps to Success:  Communicating with

          Your Child’s School (CADRE)

          Instruction by Wrightslaw


 

                                            Bobby Approved

KY-SPIN, Inc.

10301-B Deering Rd.

Louisville, KY 40272

  Toll Free: 1-800-525-7746

Phone: (502) 937-6894   Fax: (502) 937-6464

E-mail: spininc@kyspin.com

 

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