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