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Guidelines: Intellectual Disabilities in Educational Settings

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Guidelines: Intellectual Disabilities in Educational Settings SPECIAL EDUCATION IN NORTH DAKOTA North Dakota Department of Public Instruction Kirsten Baesler, State Superintendent Office of Special Education 600 E. Boulevard Ave., Dept. 201 Bismarck ND 58505-0440 701-328-2277 (voice) 701-328-4920 (TDD) 701-328-4149 (Fax) Guidelines: Intellectual Disabilities in Educational Settings United States Department of Education, Office of Special Education Programs (OSEP) Guidelines: Intellectual Disabilities in Educational Settings 2 Guidelines: Intellectual Disabilities in Educational Settings, was produced by the staff at the Office of Special Education, North Dakota Department of Public Instruction. Lynn Dodge Nancy Skorheim Gerry Teevens Brenda Oas Michelle Souther Doreen Strode LaDawn Eisenbeis Robert Rutten Colleen Schneider Steve Bourgois Kevin McDonough Mary McCarvel‐O’Connor The Department of Public Instruction appreciates the time and effort spent by the task force members in contributing to the development of this guidance document. TASK FORCE MEMBERS Michelle Griffin Karrie Rage Beth Jones Kim Marman Danica Nelson Pam Aman Kurt Weinberg Rhoda Young Melodee Nowatzki Lynn Dodge Deb L. Monger Gerry Teevens Rebecca Salveson Kevin McDonough The task force acknowledges the contributions of Brenda Van Gorder and the staff at the Technical Assistance for Excellence in Special Education (TAESE) office. Information from a variety of sources was used in the development of these guidelines. A list of those resources is at the end of this document. “Unless otherwise specified, citations to “section” or “sec.” are citations to federal regulations implementing IDEA found in the Code of Federal Regulations at 34 CFR Part 300, which consists of 34 CFR secs. 300.1 through 300.818 and appendices A through E.” NOTICE OF NON‐DISCRIMINATION NORTH DAKOTA DEPARTMENT OF PUBLIC INSTRUCTION The Department of Public Instruction does not discriminate on the basis of race, color, national origin, sex, disability, or age in its programs and activities. For inquiries regarding nondiscrimination policies, please contact: Robert Marthaller, Assistant Superintendent, Department of Public Instruction, 600 E Boulevard Avenue, Dept 201, Bismarck, ND 58505‐0440, 701‐328‐2267. Equal education opportunity is a priority of the ND Department of Public Instruction. Publication Date: September, 2013 Cover artwork: Google Images ‐ NHS West Kent Guidelines: Intellectual Disabilities in Educational Settings 3 Table of Introduction and Purpose …….................................................... 4 Contents Definitions…………………................................................................. 4 Initial Evaluation............................................................................... 7 Considerations for Secondary Students…………………..…. 11 Reevaluation.......................................................................................12 Eligibility Determination............................................................... 14 IEP Development and Program Considerations………….... 17 Least Restrictive Environment………………………………..….. 20 Appendices Appendix A — Evaluation and Reevaluation Support Documents For Optional Use Appendix B — Eligibility Support Documents Appendix C — Least Restrictive Environment and Placement Support Documents Resource List……………………………………………………….….. 55 Guidelines: Intellectual Disabilities in Educational Settings 4 Introduction The field of special education, and specifically the area of intellectual disabilities, has undergone dramatic changes in terminology, evaluation and practices, service delivery models, expectations for learning, career Purpose development and independent living opportunities. Guidelines: Intellectual Disabilities in Educational Settings is intended as new clarification of the special education processes for evaluation, identification, eligibility, development and provision of services, and placement in the least restrictive environment. The guidelines reference the regulations of 2006 of the federal Individuals with Disabilities Education Act (IDEA). The purpose for these guidelines is to: Replace previous guidelines; Update language to achieve common understanding; Uniformly define the intellectual disability category; Promote appropriate assessments and evaluations of children suspected of having an intellectual disability that yield useful information for educational programming; Establish consistent criteria to be used across the state in the process of determining eligibility; Promote non‐biased considerations for children who are economically disadvantaged, children who are diverse in race and ethnicity, and children who communicate in a language other than English; Improve appropriate instruction for children with intellectual disabilities; and Improve placement procedures and practices which provide the necessary supports and services in the least restrictive environment. Definitions The following are key terms and definitions used in this document. They are common to the field and relate to the general area of intellectual disabilities. Intellectual Disability‐ Defined as significantly sub‐average general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period, that adversely affects a child's educational performance. [34 CFR §300.8(c)(6)] The term does not include conditions primarily due to a sensory or physical impairment, traumatic brain injury, autism spectrum disorder, cultural influences, or a history of inconsistent and/or inadequate educational programming. The term intellectual disability covers the same population of students who were identified previously as having mental retardation. This change in terminology does not affect the continued need for individualized supports and services. Guidelines: Intellectual Disabilities in Educational Settings 5 Adaptive Behavior‐ The age‐appropriate behaviors necessary for people to live independently and to function safely and appropriately in daily life. Although not a complete list, below are some of the commonly referred to adaptive behavior skills: Conceptual skills: language, reading, writing, math reasoning, knowledge and memory. Social skills: interpersonal skills, social responsibility, self‐esteem, social judgment, following rules/obeying laws, actively avoiding victimization, and social problem solving. Practical skills: activities of daily living, occupational skills, money management, safety, health care, travel /transportation, schedules/routines, use of the telephone, recreation, and organizing school and work tasks. Assessment‐ A process of gathering information and data, both subjective and objective, about the individual student and their level of performance or achievement over a period of time. The process uses formal and informal tools and looks at student progress and the attainment of the expected curriculum and goals, in order to improve both teaching and learning. Community Based Instruction‐ Systematic instruction of people with disabilities in functional skills within the natural community setting where such skills are used, in order to ease/enhance transitions to independent living, community participation, and employment. Developmental Period‐ Generally means the period of time between birth and the 18th birthday. Educational Settings‐ A continuum of settings includes general education classes, special classes, special schools, home, community, hospitals and other institutions as determined appropriate by the Individual Education Program (IEP) team. Evaluation‐ Systematic collection and analysis of data comparing a student's achievement with same‐aged peers or with a set of standards. Under the IDEA, evaluation means procedures used to determine whether a student has a disability and the nature and extent of the special education and related services that the student needs. Evaluation Team‐ A multi‐disciplinary team, including the parents, who have expertise in evaluating a child in all areas of suspected disability, including, but not limited to, intellectual functioning and adaptive behavior. IEP Team‐ A group of individuals responsible for developing, reviewing or revising the IEP. This group must include: the parents, not less than one general education teacher of the child, Guidelines: Intellectual Disabilities in Educational Settings 6 not less than one special education teacher of the child, a representative of the school district/local education agency (LEA), an individual who can interpret the instructional implications of evaluation results (may be one of the members listed above), at the discretion of the parents and the LEA, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate, and whenever appropriate, the child with a disability. For children who are transitioning from early childhood services of IDEA Part C to special education early childhood services of IDEA Part B, at the request of the parent, the team would include the Part C coordinator or other representative. For students who are age 16 and older, and to the extent appropriate, the team would include a representative of any participating agency that is likely to be responsible for providing or paying for secondary transition services. Consent of the parents or the student who has reached the age of majority would need to be gained by the school. Parent‐ Defined by IDEA 2004, includes: a biological or adoptive parent of a child; a foster parent,
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