On the ECEC Checklist, how many items must be checked and in how many areas before saying that the disability is related to environment, culture, or economic concerns?
Any and all areas checked on the ECEC Checklist are worthy of consideration. No single area or number is required in order to indicate that there is a problem or to identify a child with a disability. Any checked area should assist the IEP Team with the decision to evaluate or not. And, if the decision is to evaluate, the areas noted may assist the IEP Team in choosing assessment instruments.

 

What if adaptive behavior scale scores that come from home and school are very high scores when determining eligibility for an intellectual disability (ID)?
The total score on at least one adaptive behavior scale must be at least two standard deviations below the mean (70 or below).

 

What option does a public agency have when a parent does not attend the meeting to complete the parent interview for the adaptive behavior assessment and the public agency did make two attempts to get the parent to attend?
The public agency may try a home visit, parent-teacher conference, telephone interview or other mutually agreed upon arrangements. The public agency must make two attempts to have the parent complete the home version of the adaptive behavior scale within 60 days of receiving parental consent for initial evaluation and document such attempts on the eligibility report. However, the absence of a home version of the adaptive behavior scale must not delay the evaluation determination timeline. If a home version of the adaptive behavior scale is not obtained, a second school version must be completed.

 

Can we send the adaptive behavior scale home to be completed?
Yes. The home version may be sent home if it is mutually agreed upon by both the parent or guardian and the public agency and if the scale does not require a face-to-face interview. If a home version of the adapted behavior scale is not completed after two documented attempts, a second school version of the adapted behavior scale must be completed.

 

Is it true that both the IQ score and adaptive behavior score must be 65 when determining eligibility for an intellectual disability?
No. The criteria for both measures are at least two standard deviations below the mean, usually 70 or below.

 

If a parent demands that a student be evaluated, do you have to do the battery of formal assessments including an IQ test, or can you use informal screeners (e.g., Slosson, K-BIT) and achievement tests (i.e. WRAT, PIAT) while gathering information?
Even though intervention strategies are being implemented, the evaluations outlined in the AAC are the required minimum evaluative components. Screeners and short (or brief) forms are not sufficient to determine eligibility. Screeners only indicate what areas need to be evaluated further.

 

Can the UNIT be used to help determine eligibility for an intellectual disability or for a specific learning disability?
Yes. The UNIT is a nontraditional intelligence test that may be used for any disability area, if determined appropriate. Remember, the IQ score is just one part of an evaluation.

 

What assessment instruments may be used to determine eligibility for Developmental Delay for older students since many developmental scales do not go beyond age seven?
The IEP Team makes the decision as to the specific assessment instruments which follow the evaluation criteria in the AAC. All five domains must be evaluated using a standardized, norm-referenced instrument(s). The IEP Team may choose to use a different instrument for each domain if a single instrument is not available. For students, ages 7-8, the IEP Team may have to use separate tests for each domain or consider another disability area.

 

May the Vineland Adaptive Behavior Scale be used as a multi-domain instrument to evaluate motor, communication, social, and adaptive skills?
No. The Vineland Adaptive Behavior Scale is a standardized, norm-referenced measure of adaptive behavior skills only. The social, motor, and communication scores are subtests that comprise adaptive behavior on this instrument.

 

If you get consent for evaluation from a parent in one public agency and the student moves to another public agency, is the consent still in effect?
Yes, if the consent was from another public agency in Alabama.

 

Do evaluations have to be conducted in the summer?
The referral-to-placement process continues in the summer. The public agency may need to make arrangements to have personnel available during the summer months to serve on IEP Teams and Eligibility Committees in the event referrals are received during the summer and consent to begin the evaluation process is received from the parent.

 

How long may the public agency wait for the parent to obtain a follow-up evaluation on a vision or hearing screening failure?
It is not the responsibility of the parent to obtain follow-up evaluations from hearing or eye specialists. It is the responsibility of the public agency to schedule, arrange, and secure any necessary follow-up.

 

What if a failure in vision and/or hearing screening causes the evaluation process to exceed the 60 calendar day timeline?
The public agency will be overdue with the timeline. An exception is when the parent repeatedly fails or refuses to produce the student for the evaluation. Follow-up evaluations must be completed when a student fails a vision or hearing screening. Every effort must be made to complete all evaluations within the 60-day timeline. If there are delays, the actions taken to obtain evaluation, should be documented in the student’s record. Use the Annotate process in STISETS for this documentation.

 

Does the public agency have the responsibility to obtain hearing aids or glasses that are recommended by a specialist?
If the items are necessary to complete the required evaluations and for the student to receive FAPE, then it is the responsibility of the public agency to ensure that corrective measures are provided. When corrective measures (i.e., glasses, hearing aids, or other appropriate remediation) are indicated, these must be provided before any further evaluations are attempted to ensure valid results. The cost for any evaluations and/or corrective measures becomes the responsibility of the public agency. The public agency may contact other local agencies for assistance in providing glasses/hearing aids (Children’s Rehabilitation Services, Lion’s Club, etc.).

 

At the three-year reevaluation, is a vision and hearing screening required?
Not necessarily. It would not be necessary to administer further evaluations for vision or hearing unless the IEP Team determines that conditions warrant a more current evaluation. The results of vision and hearing screenings and any follow-up must be documented on the eligibility report.

 

When is it appropriate to administer a functional vision or hearing screener?

A functional vision/auditory response screener is appropriate if the student:

• Fails the vision/hearing screening and rescreening is unwarranted due to the functioning level of the student.
• Cannot follow directions.
• Is unable to be conditioned for the testing situation.
• Is unable to adapt to the screening situation.
• Refuses to cooperate in the screening situation.

 

Can a public agency use results from mass vision and hearing screening for initial eligibility purposes?
Yes. If the screening has been done within one year, the results may be used for an initial evaluation. If there is a question about hearing or vision, a screening will need to be repeated before the other assessments are administered and/or completed to ensure that results obtained are valid.

 

Is the public agency expected to complete three behavior rating scales on students suspected of having an emotional disability?
Yes. The administration of three of the same behavior rating scales must be completed by three or more independent raters, one of whom may be the parent or the child, and who have had knowledge of the child for at least six weeks.

 

May parents revoke their consent for evaluation at any time?
The parent has the right to revoke consent for the evaluation; however, revoking consent does not take away an action that has already occurred. If the parent revokes consent for an evaluation, the public agency has two options:

• Accept the parent’s justification as valid.
• Request mediation, and/or an impartial due process hearing to override the revocation if the public agency continues to believe the child is a child with a disability who is in need of special education and related services. However, the agency does not violate its obligations for Child Find if it does not pursue the evaluation.

 

What is the difference between speech or language disabilities?
Speech refers to communication disorders in the area of articulation, voice, and/or fluency. Language refers to a language disability that adversely affects a child’s educational performance. Language usually involves syntax, semantics, and/or pragmatic errors.

 

When a student transfers from another State do you have to honor the IEP from the other State?
If a student with a disability (who had an IEP that was in effect in a previous public agency in another state) transfers to a public agency in a new state, and enrolls in a new school within the same school year, the new public agency (in consultation with the parents) must provide the student with FAPE (including services comparable to those described in the student’s IEP from the previous public agency), until the new public agency:

• Conducts an evaluation (if determined to be necessary by the new public agency); and/or
• Develops, adopts, and implements a new IEP, if appropriate.

 

What options are available when an out-of-state transfer student cannot produce an IEP, and the parent is the source for identifying “comparable” services?
The federal regulations require that, to facilitate the transition for a student, the new public agency in which the student enrolls must take reasonable steps to promptly obtain the student’s records, including the IEP and supporting documents and any other records relating to the provision of special education or related services to the student, from the previous public agency in which the student was enrolled, and the previous public agency in which the student was enrolled must take reasonable steps to promptly respond to the request from the new public agency. If, after taking reasonable steps to obtain the student’s records from the public agency in which the student was previously enrolled, including the IEP and any other records relating to the provision of special education or related services to the student, the new public agency is not able to obtain the IEP from the previous public agency or from the parent, the new public agency is not required to provide services to the student. This is because the new public agency, in consultation with the parents, would be unable to determine what constitutes comparable services for the student, since that determination must be based on the services contained in the student’s IEP from the previous public agency. However, the new public agency must place the student in the regular school program and conduct an evaluation pursuant to, if determined to be necessary by the new public agency. If there is a dispute between the parent and the new public agency regarding whether an evaluation is necessary or regarding what special education and related services are needed to provide FAPE to the student, the dispute could be resolved through the mediation procedures in or, as appropriate, the due process procedures. Once a due process complaint notice requesting a due process hearing is filed, the student would remain in the regular school program during the pendency of the due process proceedings.

 

What if a student transfers to a new public agency without a copy of an IEP, yet it is obvious he/she is in need of special education services?
If the parent and the new public agency agree on services that the student needs until records are received from the previous public agency, those agreed upon services may be provided. If the parent and the public agency do not agree on the services to be provided, the student is enrolled in the regular education program along with any special education and related services on which the parent and the public agency agree. Also, the public agency can always ask the parent for consent to conduct an initial evaluation.

 

Is it permissible for a public agency to require that a student with a disability who transfers from another state with a current IEP that is provided to the new public agency remain at home without receiving services until a new IEP is developed by the public agency?
No. If a student with a disability (who had an IEP that was in effect in a previous public agency in another state) transfers to a public agency in a new state, and enrolls in a new school within the same school year, the new public agency (in consultation with the parents) must provide the student with FAPE (including services comparable to those described in the student’s IEP from the previous public agency), until the new public agency:

• Conducts an evaluation (if determined to be necessary by the new public agency); and/or
• Develops, adopts, and implements a new IEP, if appropriate.
• Thus, the public agency must provide FAPE to the student when the student enrolls in the school in the public agency in the new state, and may not deny services to the student pending the development of a new IEP.

 

Do you have to get consent from the parents to request records from the public agency the student has transferred from?
Parental consent is not required for the transmission of special education records between public agencies. Parental notice is required. A sample form is on the SES homepage under Forms.

 

Do public agencies have a time limit on facilitating the transfer of student records?
The new public agency in which the student enrolls must take reasonable steps to promptly obtain the student’s records, including the IEP and supporting documents and any other records relating to the provision of special education or related services to the student, from the previous public agency in which the student was enrolled, and the previous public agency in which the student was enrolled must take reasonable steps to promptly respond to the request from the new public agency. If paper copies of records are requested by the new public agency, SES recommends the records be delivered within ten days of the request. (With the transfer process in STISETS hopefully there will not be a need to transfer hard copies of records.)

 

What is the timeline for the receiving public agency to adopt an IEP from a previous public agency or to develop and implement a new IEP?
The federal regulations do not establish timelines for the new public agency to adopt the student’s IEP from the previous public agency or to develop, adopt, and implement a new IEP. However, the new public agency must take the steps within a reasonable period of time to avoid any undue interruption in the provision of required services.

 

Will STISETS kick out observations that are dated prior to the referral date?
No. STISETS should not kick out observations that are dated prior to the referral date. However, the public agency will need to make sure the observation is within one year of the IEP Team meeting to discuss the referral unless this is an out-of-state transfer.

 

Who should make the decision as to the battery of tests to be administered when looking at testing specific areas of achievement?
The IEP Team decides which type of testing is needed (e.g. intellectual, achievement, speech) and the psychometrist chooses the most appropriate assessment for the student after reviewing information provided by the IEP Team. The IEP Team may recommend particular instruments to be used.

 

Do you complete a referral form on a child who transfers from out-of-state?
A referral form is not required. The initial referral process should be followed. However, the public agency may require a referral form to be completed. Refer to the out-of-state transfer charts to determine where to begin in the referral process.

 

Does evaluate mean retest or just go through the old “MET” process and determine no additional data are needed?
We no longer use a “MET”. Evaluation means the review of existing data and only means “test” if the IEP Team determines that additional data are necessary to determine continued eligibility status.

 

Can the Family Focus Interview/ELPP Documentation form be used for eligibility as the structured interview with autism?
Yes.

 

How do we document parent participation in a meeting if they participate by phone?
In hard copy forms and in STISETS, on the parent signature line write, “parent participated by telephone.”

 

How do we document the parent chose to participate by telephone but at the time of the meeting they did not answer the telephone?
If the parent said they were going to participate in the meeting by phone and did not participate, document that the parent was unavailable by telephone.

 

Under the IDEA, what must occur during the 60 calendar day time period after the public agency receives parental consent for an initial evaluation?
The federal regulations state an initial evaluation must be conducted within 60 days of receiving parental consent for the evaluation or, if the state establishes a timeframe within which the evaluation must be conducted, within that timeframe. The IDEA 60 calendar day timeline applies only to the initial evaluation. Public agencies are not required to make the eligibility determination, obtain parental consent for the initial provision of special education and related services, conduct the initial meeting of the IEP Team to develop the child’s IEP, or initially provide special education and related services to a child with a disability during the IDEA 60 calendar day initial evaluation timeline.

 

May a foster parent provide consent for an initial evaluation even if the biological parent refuses to provide such consent?
If the biological or adoptive parent of the child refuses consent for an initial evaluation of the child, and the parental rights of the biological parent have not been terminated in accordance with state law, or a court has not designated a foster parent to make educational decisions for the child in accordance with state law, a foster parent may not provide consent for an initial evaluation.